What's the best way to quit your job? How to quit without working for two weeks, step-by-step instructions. ○ Dismissal at own request

There comes a time in every person’s life when you want to do something new and interesting for yourself, to make the dreams of your youth come true.

At this moment, the individual has a choice to remain a gray worker in his place or to do what he loves, which will bring pleasure and income.

In addition to such situations, others arise that are associated with the preservation of social benefits. Then it is worth considering the laws of the Labor Code.

Before you shout after your boss “I’m leaving,” you should carefully think through the whole situation. Resigning gracefully does not mean that you tell your boss to his face about your painful situation.

This means that you will receive a minimum of time costs and a maximum of payments under the employment contract.

To resign of your own free will, you don’t need to come up with a beautiful reason, you need to choose the most appropriate moment.

How to quit your job voluntarily:

1. If the reason for dismissal is a conflict with management, then it is worth drawing up the document in two copies. The first one should be submitted to the manager for approval, the second one should be sent by registered mail. This way there will be no claims regarding the loss of the application and dismissal under the article.
2. It is better to write an application on Friday. This will precisely determine the scope of work, which lasts approximately 2 weeks after submitting the application.
3. If they are released early, it is worth finding out exactly the reason for such generosity. Such a gesture may be associated with material payments.
4. It is worth calculating indexation and severance pay in accordance with the provisions of the enterprise.
5. At the time of completion of the work, it is worth returning all the things, tools, and equipment that were assigned to you at the time of work.

If you went on sick leave while working the required period, then communication regarding the termination of the employment contract and the return of the work book is carried out remotely.

What's the best way to leave without work?

The Labor Code provides for a working period of 2 weeks, when the employee has already signed a letter of resignation.

Working out is mandatory, so there is no way to avoid it unless the following nuances are present.

When can you leave without work:

• A pensioner who writes an application, but is already retired, does not need to work for 2 weeks.
• You can go on maternity leave without any work. Even when writing a letter of resignation.
• If a person quits due to joining educational institution or continuing your studies.
• In case of conscription into the army, service is excluded from the requirements.
• In case of violation of labor standards by the manager, the employee can avoid 2 weeks of work.

To avoid unnecessary questions, it is better to go on sick leave at the time of work. This is beneficial both financially and documentary.

Attention! If there are problems or conflicts with your superiors, it is better to work for 2 weeks.

This will allow you to control the process of preparing documents and calculating payments.

You can avoid detention by reaching an agreement with your superiors. In this situation, a corresponding document is drawn up.

How to make up your mind and understand that it’s time to quit

Changing jobs for people is not a whim, but a necessity. A change in environment will not lead to professional burnout, will relieve fatigue, and will allow you to develop and grow in your career.

Note! If you do not leave your unloved job in time, then problems with physical and psychological health may arise.

Some people find it difficult to decide to make a big change in their life. They need facts, arguments and evidence. There are many programs of psychologists who can argue the issue.

How to understand that it's time to quit:

How to start looking for a new job

Quickly find a new job after being fired from the old one will not work. Be patient and consider all options. Maternity leave can also slow down the search for a new place.

There are several tips to help you start searching for a new place, simplifying this procedure as much as possible. Order and organization in this matter will simplify the search.

How to organize a search:

1. Do not rush anywhere to find a suitable occupation.
2. If there is financial instability, you need to look for a job without quitting your previous one.
3. During the search process, take into account your capabilities, skills and experience in certain areas of activity.
4. You need to assess your potential in order to decide on your desired position and field of activity.
5. You need to prepare a resume, biography, necessary documents. The package of documents must be compiled qualitatively and correctly.
6. You can search online or by contacting the companies where you would like to work directly.
7. You need to advertise that you are looking for a job with certain conditions.

It is worth knowing exactly the samp and core of the given enterprise or company where you want to get a job.

Useful video

An application for voluntary resignation is an important personnel document. Is it worth writing it when you decide to quit, but don’t want to work for two weeks? Or, on the contrary, have you already informed management about your decision, but changed your mind about quitting? How to write a letter of resignation of your own free will? Let's talk about the intricacies of terminating an employment contract at the initiative of the employee.

The following situation prompted me to write this article: recently, one boss forced her employee to write a resignation letter of her own free will. Moreover, in this situation, it was not necessary to work out two weeks. Under the threat of dismissal under the article, this employee wrote the required paper, but, on reflection, decided not to give up so easily. Before withdrawing her resignation letter, she decided to carefully study the theory and find out how to correctly write a resignation letter of her own free will and how to fight for her rights, if in fact the employee did not have the initiative to terminate the employment contract. So, let's start in order, and at the end of the article we will be able to download a sample letter of resignation at our own request.

What and how to write in the application

How to correctly write a resignation letter of one's own free will worries many. This document is very simple to draw up - it is written in free form, but there are mandatory details:

• indicate the addressee in the upper right corner - usually this is the general director of the organization;
• write who is the author of the appeal (indicate not only the last name, first name, patronymic, but also the position);
• in the center - the name: a letter of resignation of one's own free will;
• further - the basis, the actual text of the request (you can indicate the number of the article Labor Code of the Russian Federation, you can do without it);
• In the lower right corner put your signature, transcript and date.

The main wording of the statement that is used is “I ask you to fire me at your own request.” Below is the resignation form:

This example of a voluntary resignation letter can be downloaded at the end of the article and used by adding your data.

In order to simplify paperwork, you can prepare a sample for employees on how to correctly write a resignation letter of their own free will, or create a folder on the corporate server containing a set of samples of personnel documentation, which will include not only such a document, but also a resignation letter by agreement of the parties. Then employees will not have to rack their brains and compose the texts of documents themselves.

Letter of resignation during probationary period

A probationary period is often set for a new employee so that both he and the employer have the opportunity to evaluate the decision made and understand whether they suit each other. It speaks about who can be tested and who cannot be tested. Art. 70 Labor Code of the Russian Federation. In the context of our article, I would like to note only one, but important circumstance: the application for dismissal for probationary period(in case of termination of the employment relationship at the initiative of the employee) is submitted not two weeks, but only three days before the termination of the contract.

The passage of time begins from the next day after the employer receives the application or warning.

Do I need to work for two weeks?

The answer to the question of how many days before dismissal you need to write a statement is very important. The Labor Code of the Russian Federation says that an employee who decides to terminate an employment contract on his own initiative must notify the employer of the termination of the employment relationship no later than 2 weeks in advance (Part 3 of Article 80 of the Labor Code of the Russian Federation). This period begins from the day following the day on which the employer received the resignation letter from the employee.

When asked whether it is necessary to comply with the notice period or not, and therefore to work for 2 weeks upon dismissal, the Labor Code of the Russian Federation answers:

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

That is, to reduce the warning period, an agreement between the parties is required. And for this you can write a statement of the following content:

There are situations when such consent is not required and the employee has the right to terminate the employment relationship within the period specified in his application:

• enrollment in an educational institution;
• retirement;
• changing of the living place;
• caring for a disabled person of group 1;
• violation of labor laws by the employer.

In all these situations, the employer is obliged to terminate the employment contract within the period specified by the employee in the application. In this case, an application for dismissal without service is written, which indicates all valid reasons for this.

Dismissal and vacation

An employee has the right (it is not a fact that this right will be exercised by the employer) before resigning to go on paid leave. IN Article 127 of the Labor Code of the Russian Federation it is stated that an employer can grant leave at the request of an employee before leaving. The legislation does not clearly regulate this issue, so an employee can write either one or two applications (meaning for dismissal and for the upcoming vacation).

How to write a letter of resignation with the provision of annual paid leave beforehand? There are no clear recommendations in this case; be guided by the document flow procedure that is accepted in your organization. The text of the statement might sound like this:

Regardless of the number of applications, the day of termination of the contract, if the employer nevertheless decides to comply with this request for leave, will be considered the last day of paid rest. If the employer does not want to let the employee go on vacation, he will be obliged to pay monetary compensation for all unused vacation days.

How to write a letter of resignation of your own free will demanding payment of such compensation? In principle, this is not required, because the employer, like all others, is obliged to make this payment independently, without additional reminders or statements. However, if you want to play it safe, read about how to do this in our article.

You can decide to quit while you are on vacation - in this case, you can also write a statement and send it by mail. Then vacation days can be included in the two-week working period. However, the countdown of this period will begin when the employer receives the letter (which means it is better to send a letter with notification in order to know this period and prevent accidental absence).

How to quit while on sick leave

This can be done in the same way as in the case described above (during a vacation) - just send an application by mail. Termination of the contract during sick leave is possible only at the request of the employee ( Art. 81 Labor Code of the Russian Federation).

Full payment and issuance of documents

The company is obliged to pay all compensation, vacation pay and salary to the employee on the last day of his work. If on the day of termination of the contract the employer did not make a full payment, he is obliged to compensate the departing employee for his mistake in the amount of not less than 1/150 of the key rate of the Central Bank in force at that time from the amounts not paid on time for each day of delay, starting from the next day after the deadline payments and up to the day of the actual calculation and issuance of the completed work book, inclusive.

If, before terminating the contract, the employee first goes on vacation, then the calculation and issuance of all documents must be made before the vacation.

If the employer delays documents

If for some reason the work book is not given to you, this is a serious violation of the law. According to the rule specified in Article 234 of the Labor Code of the Russian Federation, in the event of a delay in issuing a work book on the day of dismissal due to the fault of the employer, he must compensate the employee for material damage in the form of lost earnings for the entire time of the delay, if the absence of a work book on hand prevented the employee from getting a new job. Moreover, in this case, the day of termination of the contract will not be considered the day indicated in the application, labor or order, but the day the actual issuance of the work book in hand (clause 35 Decree of the Government of the Russian Federation of April 16, 2003 No. 225"About work books").

As the Labor Code states in this case, termination of an employment contract in such a situation is formalized by an additional order, and an entry is also made in the work book. A previously made entry about the day of dismissal is considered invalid. In order to carry out all these actions, you need to contact your former employer with a written request to issue you a delayed work book, compensation for lost earnings and to change the corresponding entry in it on the date of actual delivery of the document.

If the employer refuses to voluntarily comply with your demands, you need to go to court. But remember that this can only be done within a month from the day you were fired ( Art. 392 of the Labor Code of the Russian Federation). If a month has already passed, then it is better that there are good reasons for the delay. And although the court does not have the right to refuse to accept a claim on the grounds of missing the deadline, but if the defendant, that is, the employer, declares this, the court can lose (unless the court decides to restore the limitation period). So keep an eye on the time or stock up on good reasons.

The employer's responsibility for storing the work record book of a former employee at work is excluded if two conditions are met:

1. The employee did not show up for it on the day of payment (the last working day).
2. The employer sent the employee a notice of the need to appear for a work book or agree to have it sent by mail.

Is it possible to change your mind and withdraw your application?

Within two weeks of work, the employee’s decision to leave of his own free will can be annulled. After all, he has the right to withdraw his request for dismissal (Article 80 of the Labor Code of the Russian Federation). If the employee goes on vacation before this, he can revoke the document before the day the vacation begins. A sample application for withdrawal of a resignation letter may look, for example, like this:

And if another employee has not yet been invited to this place, who, in accordance with the law, cannot be denied a contract, nothing can prevent the employee from returning.

The Labor Code of the Russian Federation stipulates that another employee must be invited in writing. That is, the employer’s unfounded statement “And I already hired another, because you were fired of your own free will” will not work here. There must be written proof.

In order to withdraw the first application, you need to write a second one. If your employer refuses you, ask for a written refusal stating the reasons.

If you were forced to write a “resignation letter of your own free will” and they don’t go to negotiations, in this case the next step is to file a lawsuit. If you are not the only one in the organization with a forced departure “on your own,” invite all the “offended” as witnesses. Now the courts in such disputes between employees and employers most often take the side of the former. And if the trial is won, the loser will be obliged to reinstate you at work and pay your salary for the entire time while this issue was being resolved.

We continue to work

But let’s say two weeks have passed, you decided to cancel your dismissal from work, and your bosses are in no hurry to pay and return the documents. The Labor Code of the Russian Federation provides that if after two weeks the employment contract is not terminated and the employee does not insist, then the statement “at his own request” loses legal force and the employee is not considered dismissed.

End of story

How did the story with which we began the article end? As expected, the employee was not allowed to withdraw the application, and no evidence was provided of the invitation of another employee. Knowing how to write a resignation letter of her own free will (sample at the end of the article) and how events would develop, she recorded the entire conversation with her boss on a voice recorder, where a phrase appeared that proved that the paper was written under pressure. Now this employee is filing a lawsuit and has already found witnesses who were also forced to leave this organization under pressure. With such evidence, she has every chance of winning this case.

We hope the article answered the question of how to write a resignation letter without errors. The template of this document will help you avoid mistakes in writing, as well as in the sequence of actions.

Dismissal of one's own free will is the most common entry in the labor record. But despite this, by 2018, many people still do not know the procedure. To formalize your dismissal competently, it is worth studying this topic.

Legislative regulation of dismissal on one’s own initiative

Dismissal at will is regulated by Labor Code articles and. The employee terminates the contract on his own initiative and is not required to explain his decision. Only if he decided to leave without warning in advance (Part 3 of Article 80 of the Labor Code). Then the reasons for leaving will need to not only be named, but also officially confirmed.

The employer may allow the employee to take annual leave if he cannot work after reporting his resignation (Article 127 of the Labor Code).

Nuance! If a person changes his mind about resigning, he has the right to cancel the application, but not if his place has already been promised to another (Article 64 of the Labor Code).

Many of those who want to quit their jobs voluntarily later change their minds. If a person goes to work after the date indicated in the application as the last day, the management has the right to consider the document invalid (part 6, article 80 of the Labor Code). For subsequent dismissal, the employee will need to write a new application, and the notice period for leaving will begin to be calculated again.

Reasons for changing jobs

Most often, the decision to change jobs is influenced by the following reasons:

• low wages;
• misunderstanding on the part of management;
• lack of prospects;
• Boring job;
• too heavy responsibilities;
• difficulties in communicating with the team;
• moving.

Everyone may have many personal reasons, but the procedure for dismissal of one's own free will is standard for all employees.

Important! Some reasons are sufficient reason not to notify your employer in advance.

Stages of registration of dismissal

Dismissal at your own request is quite simple. But, like any legal procedure, it requires compliance with certain rules. When terminating the contract on the personal initiative of the employee, the following procedure is observed:

1. A resignation letter is submitted to the manager. The form of such an application is not regulated, the main thing is to set the date of compilation.
2. After approval by management, the document is transferred to the personnel department, or to the person responsible for processing dismissals.
3. Based on the employee’s application, an order is issued in form T-8.
4. The employee reads the order and signs it. If this is not possible, then an appropriate entry is made about this.
5. On the last day of work, the person is given documents and the required payments.

Reporting your decision to leave should be two weeks before the expected date of departure. The organization must have time to find a replacement if the employee does not change his mind.

Nuances of submitting an application

Sample document.

An application for the dismissal of an employee of his own free will can be drawn up in any form. A person can write or type the text: "I ask you to dismiss me of your own free will."

But in order to comply with all the formalities, it is worth using the form adopted in this organization. The following actions will help you avoid mistakes when submitting a resignation letter:

1. The application is drawn up in 2 copies. One is submitted to the HR department, and the second marks the date of acceptance of the document.
2. If the management refuses to satisfy the desire of the employee to terminate the contract, then the application will be considered officially accepted after it is received by the company in a registered letter. And the organization will no longer be able to ignore it.
3. The reasons for which you can leave before the expiration of 14 days from the date of the written notice of departure are also recorded in the application.

The application can be written less than two weeks before the dismissal, if the authorities do not mind, and the employee's departure will not cause delays in the work of the enterprise.

Attention! In order to avoid misunderstandings, it is better to clearly state the date in the application, which should be considered the last day of work.

Terms of dismissal

The standard deadline for voluntary dismissal is two weeks after writing the application. But for some categories of citizens this period may be shortened or increased.

Fired within 3 days in the following situations:

• the enterprise is liquidated;
• the organization is reducing staff;
• the person changed his mind about working during a probationary period;
• the employment agreement was concluded for a period of less than 2 months;
• The employee was engaged in seasonal work.

If a coach, athlete, or director of an enterprise decides to change jobs, he must give a month’s notice about leaving.

Employees who are faced with the following situations may not work immediately after announcing their resignation:

• retirement age;
• admission to a higher educational institution;
• caring for a disabled person or a child under 14 years of age;
• your health condition requires urgent and long-term treatment;
• moving to another city, country;
• winning a competition for a vacant position;
• call from the military registration and enlistment office for military service.

The person whose rights have been violated will not give notice to leave either. and this is confirmed by the labor inspectorate or court.

Nuance! To terminate a contract without warning, the organization may require documents confirming such a right (a doctor’s certificate, an official letter from a university, etc.).

Specifics of dismissal from vacation or sick leave

The law prohibits the dismissal of employees who are on sick leave or vacation. But on his own initiative a person can calmly do this. Such a ploy is often used by those who do not want to work after the announcement of their departure.

In the case of vacation, the following options exist:

1. The employee will write a letter of resignation and ask for paid leave for the time before the day of dismissal.
2. The employee comes and writes a statement while already on vacation. In this case, the employer can no longer refuse or recall the person from vacation.
3. The employee will write a statement and ask for unpaid leave until the date of dismissal.

The date of dismissal will be considered the last day of vacation, and this period is included in the length of service. But you need to calculate and issue documents before the start of your vacation. In the same way as dismissal from vacation is processed, dismissal from sick leave is also carried out at the request of the employee. Only permission from the employer for sick leave is not required. But later you need to provide a sick leave certificate.

Important! Even if an employee has already left work, within a month, he can still receive paid sick leave at his old place of work.

How is settlement with a resigning employee carried out?

If an employment contract is terminated at the request of the employee, documents and the payment due to him are issued on the day of dismissal. If the issuance deadlines are violated, the person who resigned has the right to contact the competent authorities and demand not only the full payment amount, but also compensation for each day of delay. And the employee who committed this violation will be punished with a reprimand or fine. The employment form must be filled out without corrections, indicating the date, reason and article of grounds for dismissal. The following payments are included in the calculation upon dismissal:

• salary for the period worked;
• compensation payment for unused vacation;

In addition to standard payments, some categories of citizens are entitled to additional compensation. For example, those who quit to serve in the army will receive two weeks' pay. If an employee does not show up for money and documents, responsibility for issuing them still lies with the enterprise. Therefore, you should send the person who resigned a letter of notification, indicating the need to come for payment, or send an application by mailing documents.

Forced resignation

There are situations when an employee is under pressure from management, and the person has no choice but to quit his job of his own free will. Management can force people to do this both verbally (with requests or threats) and with real infringement of rights (frequent business trips, deprivation of bonuses, and so on). People can file a complaint about coercion with the prosecutor's office or the labor inspectorate.

If it is possible to obtain evidence of coercion, then the court will reinstate the person in office. An unscrupulous boss will be punished depending on the severity of the violations, in the form of a fine, correctional labor, or even the closure of the enterprise.

According to the Labor Code Russian Federation, in some cases, the employer can initiate the termination of the contract with the employee. Sometimes the termination of such relations occurs by mutual aspiration with the wording "by agreement of the parties." The most common reason for terminating an activity is the employee’s desire. How to resign on your own, observing all the legal subtleties? And what to do when the employer does not let you go?

Time frames and procedure for dismissal

The employee gives written notice of resigning at his own request at least 14 days in advance. The trainee is required to notify about the planned departure no later than 3 days, the manager or sports coach - a month in advance. If the application is submitted, for example, today, processing begins tomorrow. However, by agreement of the parties, the period established by law before separation may be shorter.

With documentary evidence, persons enrolled in the educational institutions or have changed their place of residence. The same right applies to pensioners and people caring for disabled people of the first group. The obligation to remain temporarily in place is also lifted in the case where the employer has violated the terms of the collective agreement. Important: the fact of non-compliance with the rights of an employee must be recorded by a court, a labor dispute commission, a trade union or a labor inspectorate.

How to resign on your own? The procedure is as follows:

• Writing a statement before dismissal. The employee retains the right to revoke the document throughout the warning period.
• Preparation by the personnel service of a dismissal order in accordance with Form No. T-8 (8a). The document must contain details of the application and a reference to paragraph 3 of part 1 of Article 77 of the Labor Code.
• Familiarization with the employee’s order, confirmation of which will be a signature. If this is not possible, a note is made on the document that the employee refused or was absent.
• Making an entry about dismissal in the personal account and personal card, work book.
• Issuance of basic documents on the day of dismissal. At the request of the employee, copies of the order and certificate (2-NDFL, salary, insurance contributions) can also be provided.

On the last day of work, financial calculations are made. If the employee is not on site, the entire amount due must be paid within 24 hours after the request. Estimates include salary and compensation for unused vacation. This also includes additional payments specified in the employment (collective) agreement. When dismissing an employee who was previously granted leave in advance, a recalculation is made. At the end, a note must be drawn up in form T-61.

You can calculate the amount of compensation for unused vacation yourself using.

How to write and submit a letter of resignation?

There is no standard application form, but it is still drawn up according to the rules. The document drawn up to the head of the organization must indicate the full name and position of the employee who wishes to leave. Next they ask to dismiss “at your own request” and write on what date this must be done. The reason for leaving is indicated only in the case when they apply for dismissal without service. At the request of the personnel service, such a statement will need to be supported by relevant documents. For example, this could be a copy of a passport with a discharge note and a discharge sheet, a medical report, and so on. At the end of the document, indicate the date of its preparation and put a signature.

It is better to hand over the application to the boss in person in two copies. One sheet should remain with the manager, and the second (with a mark on acceptance of the document) should remain with the employee. A duplicate of the application is necessary for the resigning person in case of disputes with the employer. An alternative option for submitting a document is by mail. Send the application by letter, having previously filled out a list of attachments (in 2 copies) and a receipt receipt on postal forms. This method is good because the boss will not be able to ignore the document submitted to him, and the employee will have documentary evidence of the fact of delivery of the papers. Important: the period of working off should be calculated from the date of delivery of the letter to the boss indicated in the mail notification.

How to resign during illness or vacation?

A temporarily disabled employee can also leave work of his own free will. If the last day of presence in the office indicated in the application falls on the time of illness, the contract is terminated without the dismissed person. On the order, a note is made that the employee was absent, so it was not possible to familiarize him with the document.

An employee can receive a work book himself when he recovers, or by mail. The settlement must be paid to him immediately after such a demand is presented. This should happen either on the same or the next day. Within 10 days after the provision of sick leave, the organization is obliged to calculate temporary disability benefits. The assigned amount is issued on the next payday.

Dismissal at the initiative of the employee can occur before or during vacation. You can write a corresponding application 14 calendar days before your vacation. This can be done directly during the vacation period. In the first case, the two weeks allotted by law are considered working off. In the application, the request for annual paid leave is supplemented with the phrase "with subsequent dismissal." The issuance of a work book and settlement with the employee must be made on the day preceding the start of the holiday. But the last day of vacation will be listed as the date of dismissal in the papers. Important: if desired, the head may refuse to provide such rest, since the law does not oblige him to do so.

When submitting an application during a vacation, the employer cannot require the subordinate to urgently return to the enterprise. If two weeks of expected work fall on vacation, the employee will no longer have to appear on the spot. Both the money and the documents related to the dismissal, he must receive during the vacation period. It also happens that it is only partially possible to complete the warning period. In this case, after the vacation, they go to work to spend the remaining days of a two-week working there. The dismissal then proceeds according to the standard procedure.

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 the documents to the office work and document management department of the organization. How to do this by mail has already been discussed. Until the moment specified in the application, you should perform 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.

One of the simplest and available ways To resign is to write a statement of your own free will. But you should remember that you will need to work for two whole weeks. However, there are several completely legal ways avoid processing.

Dear readers! The article talks about typical solutions legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

It's fast and FOR FREE!

Is it possible

The legislation in force in the Russian Federation allows you to terminate an employment contract between an officially employed employee and his employer in various ways.

The most commonly used today is voluntary dismissal. This procedure for terminating an employment relationship is the simplest and fastest; it is as convenient as possible for the organization and the employee. It has a large number of different advantages.

The issue of voluntary dismissal is discussed in as much detail as possible in the Labor Code of the Russian Federation dated December 30, 2001, as amended by the law, in “Termination of an employment contract at the initiative of the employee.”

The only drawback of this method of terminating an employment contract is the need to notify your employer at least 14 days in advance.

At the same time, the employee is obliged to fulfill his official duties throughout this period. But there are ways to avoid this.

For example, this is voluntary dismissal during sick leave - without processing this can be done quite simply.

The two-week period includes sick leave and vacation. Thus, you can simply not attend detention, providing your employer with only sick leave in the future.

Also, without two weeks of work, one day, an employee has the right to resign in the following cases:

• if the employer violates labor laws;
• on the basis of non-payment of wages - in accordance with the Labor Code of the Russian Federation.

Dismissal without service is allowed if something happens to the employee’s child, as well as to any of his close relatives.

But this is only possible with agreement with the employer. If an agreement in such a situation is not reached, the employee has every right to go to court.

Practice shows that in most cases, it is individuals who win such cases.

By agreement with the employer, you can quit without any serious reason if he decides to make concessions to his employee.

Rules for dismissal at will without work

There are many nuances associated with voluntary dismissal without work. Both the employer and the employee themselves need to know them.

Since violation of the dismissal procedure gives the former employee the opportunity to go to court and demand payment of compensation.

The most important nuances of voluntary dismissal without work are the following:

• the employee is obliged to warn of dismissal in writing;
• an application requesting termination of an employment contract can be withdrawn by the employee himself at any time;
• even if the employer refuses to dismiss the employee, he has the right to stop working after 2 weeks from the date of the written warning.

On the last working day, the employer must:

• give the employee a work book with the corresponding entry made in it;
• calculate and pay the balance of wages.

The person resigning must necessarily check the wording in the work book. There must be a reference to Article No. 80 of the Labor Code of the Russian Federation.

If the record is different, then this is a serious violation and the employee has the right to go to court.

Upon dismissal, the last date for transferring debts to former employees is the day following the date of dismissal. If for some reason the employer does not transfer the funds on time, a penalty will be charged.

Payments must include compensation for vacation, as well as bonuses and other funds that the employer is obliged to pay to its employee.

Moreover, all income is subject to personal income tax. Moreover, this fee must be paid to the budget by the enterprise itself, but not by the employee.

What could be the reasons

The list of reasons why you can resign of your own free will and not work for two weeks is quite limited in the law.

But at the same time, there are factors in the presence of which it is desirable for the employer to terminate the employment contract at the request of the employee as soon as possible.

This list includes the following:

• employee illness;
• presence of disability of any group;
• upon retirement or if the employee has already reached retirement age;
• there was a need to care for a seriously ill relative;
• admission to a higher educational institution;
• relocation of the employee or his spouse to another city;
• need to care for a disabled minor.

Most of the reasons mentioned above are not reflected in any way in the Labor Code or the laws of the Russian Federation.

But if one of the above factors was identified as an explanation for the need to dismiss the employee without working, then you should not insist on the opposite. Since in this case the employee can go to court and, most likely, will win it.

To be dismissed without work, the employee himself must remember that he will need to provide documents at the place of work confirming the existence of difficult circumstances.

These may be certificates from medical institutions, IDs of a pensioner or a disabled person, etc. It must be remembered that forgery of documents is punishable by the legislation in force on the territory of the Russian Federation, the corresponding article of the criminal code.

Procedure

The procedure for voluntary dismissal is quite simple; it is implemented in the following order:

• the employee writes a statement with a request to terminate the employment contract;
• the personnel service is obliged to form an appropriate order of the type;
• the employee must be familiar with the text of the order against signature;
• on the day of dismissal or the next day, the salary for the position is transferred, and a work book is also issued.

If for some reason the employee is not able to pick up the work permit himself, then the employer can send it by registered mail with a list of attachments.

To do this, the person resigning must make the appropriate note in his application.

Even if the dismissal is carried out after a vacation, the procedure for this legally important action remains the same and does not change.

It is important to remember that if for some reason an employee is not able to write a letter of resignation in person and deliver it to the place of employment, as well as all the documents necessary for this, then this can always be done by mail.

To dismiss an employee, it is advisable for personnel to use the T-8 form. It was approved by a resolution of the State Statistics Committee dated January 5, 2004.

At the same time, the order itself must necessarily contain a reference to the article of the Labor Code on the basis of which the dismissal was initiated.

In this case, the Labor Code of the Russian Federation. It is also required to indicate the details of the employee himself, as well as the reason for dismissal.

If for some reason it is not possible to familiarize the employee with the text of the order, then a corresponding entry is made on the document.

It is important to remember: when dismissing without service, the employer has the right to demand an explanation from his employee. Whereas with the standard dismissal procedure, with working off, the enterprise does not have such a right.

It is not uncommon for employees to take vacations in advance. In this case, it must be remembered that the employer has the right to withhold a certain amount.

But at the same time, its value cannot exceed 20% of wages. Moreover, in some cases, retention is not only impossible, but illegal. A complete list of such situations is indicated in the Labor Code of the Russian Federation.

But at the same time, it should be remembered that in order to be retained upon dismissal without service, the consent of the employee himself is required.

In its absence, the employer simply cannot perform such actions. His solution may be to go to court.

But such litigation is not always economically justified. Therefore, in some cases, employers simply “forget” about the employee’s debt. This is only possible if the amount is small.

How to write an application

It is necessary that the written application must meet certain criteria. At the same time, there is no strictly established form.

This document must contain the following information:

• surname, name and patronymic:
  • leader;
  • employee of the personnel department;
  • the employee himself;
• employee signature;
• date of dismissal and submission of the application itself.

The text of the application should formulate as briefly and accurately as possible the request for dismissal with references to the legislation, making it possible to terminate the employment contract without working off. The reason for dismissal should also be stated.

If for some reason the employee is not at odds with management, he should mark the acceptance of this application in the HR department, or simply send it by mail.

Since there are often cases when such documents are simply sent to the trash bin. A mark of acceptance or sending by mail makes such an action simply impossible; the employer will be obliged to accept the application from his employee.

Dismissal of a disabled person

It is important to remember that the presence of a disability in itself is not grounds for dismissal without service.

The procedure for terminating an employment contract with disabled people is similar to this procedure carried out with completely healthy people - according to Article No. 80 of the Labor Code of the Russian Federation.

The only case when a contract can be terminated without work is if the employee provides documentary evidence that the work cannot be continued by him for any serious reasons.

This may be a complication of a disease due to which a disability is assigned or something else. In all other cases, an employee, even one with a disability of group III or II, is required to work for 2 weeks - at the request of his employer.

In the absence of serious reasons, a disabled person may resign earlier than 14 days from the date of writing the application only with the consent of the management.

This point is fixed at the legislative level. The situation is similar with dismissal of one's own free will without working a part-time job.

Due to relocation

According to the law, relocation is one of the fairly serious reasons on the basis of which an employee can write a letter of resignation without work.

But at the same time, the employer is not obliged to provide his employee with the opportunity to resign before the expiration of the two-week period - this is his right.

There can be only two alternatives:

• find a compromise with your superiors;
• sue.

Moreover, the trial in this case sometimes takes much longer than 2 weeks.

Also, such events involve not only a waste of time, but also money. That is why, if the employer refuses to fire his employee without working time, the easiest way is to postpone the move.

An exception is a change of place of residence for some serious reason - illness, death of close relatives or something similar.

In this case, the employer should avoid refusing to dismiss without working off. Because otherwise, the employee may file a lawsuit demanding compensation for moral and material damage.

Working off upon dismissal at one's own request is a strictly mandatory measure in most cases.

But at the same time, there are many ways in which you can avoid it. It is only necessary to find the appropriate legislative and documentary justification for performing this action.

Video: How to quit on your own

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.