Many novice HR managers are confused if an employee asks to be fired on the 30th, and do not know what day to consider as a working day. Most HR and accounting department employees face problems with the preparation and dating of documentation. How to fire an employee correctly so as not to violate his rights?

What does the law say?

The Labor Code, in article 84.1, states that any employee must be dismissed on the date chosen as the day of termination of the employment relationship. This date may not always be the employee's last day in the organization. We are talking about those who work shifts.

For example, the application asks to terminate the contract on May 15, and the employee’s last shift was on May 14; he can come to the organization the next day to draw up a work book and other documentation. The employee has the right not to show up for work, dismissal will be carried out without him, the necessary documents and payment will have to be requested in writing.

If the date chosen by the employee falls on a weekend or holiday, the dismissal process will be carried out on the next working day. A worker can make a written request to leave at any time while on vacation or sick leave, but he must comply with the time frame for notifying the employer in advance.

If someone has expressed a desire to leave the company on New Year's Day, for example, December 30 or 31, it is worth remembering that by law it is necessary to notify management 2 weeks before the intended dismissal. That is, in this case, the application should be submitted to the manager no later than December 16.

For reference! The 2 week countdown starts from the next day after the employee writes the application.

Nuances of document preparation

From what date is dismissal possible if the employee asks to terminate the contract, for example, from March 30th or 25th? The main confusion lies in the construction of sentences and the incorrect use of prepositions in a statement.

If the employee used the preposition “c” in the petition, that is, for example, asks to dismiss him on April 24, then the employment contract will be terminated on April 23. If it is clearly stated “dismiss on April 24,” then the last working day will be the 24th, and then they will make a calculation and give the work record. That is why it would be correct to formalize in a document a request to terminate the labor relationship with the management of a certain date.

Important! Care must be taken to ensure that the actual date of writing and the intended dismissal date are written correctly.

When laying off other types, for example, when concluding an agreement, the employer avoids ambiguous wording and the contract clearly indicates the date of termination of the employment relationship; they usually write “such and such a date is considered the day of dismissal.”

If a person quits on the initiative of management, but, having received the notice, does not go to work, the employment contract can be terminated only after the employer has evidence that the worker is absent and not sick. In the first case, the agreement can be terminated only on the day when he appears at the enterprise or after a period of time regulated by law if the employee never comes.

Dismissal is always a rather problematic process in which a number of rules must be followed. You should not create additional ambiguities by adding unnecessary pretexts to your application. You should clearly define the date and enter it exactly.

Content

If for any reason you are forced to resign from your previous job on your own initiative, you need to know how the procedure for terminating an employment contract goes. The first step is to write a letter of resignation of your own free will. Your departure will be calm, without claims from the employer, if you complete and submit the document correctly and on time.

The procedure for dismissing an employee at his own request

If an employment contract is terminated on the employee’s personal initiative, this is considered voluntary dismissal. The Labor Code of the Russian Federation (Article 80) provides for the following procedure for terminating a contract:

1. Submitting a written notice of resignation to the employer.
2. Acceptance of the request by the employer, transfer of the document to the HR department employee.
3. Drawing up a dismissal order with calculation of compensation provided for by labor legislation.
4. On the last day of work, the resigning employee is issued a work book, documents are processed and the final payment is made, including compensation payments for unused vacations and other payments specified in the employment contract.

What is a resignation letter?

If the employee intends to terminate the employment contract, he must give the employer advance written notice of his intentions to cease employment. According to the Labor Code of the Russian Federation, an application for voluntary dismissal must meet the following requirements:

• Be in writing (handwritten or printed).
• Contain a clear request for dismissal and the date when the employee intends to cease performing his duties.
• Be signed personally by the person wishing to resign.

Terms of dismissal

The legislation of the Russian Federation obliges a person who wants to terminate an employment contract to notify the organization’s management of the termination of the employment relationship two weeks before leaving. If the head of an enterprise resigns, he must notify the employer one month in advance. For internships or seasonal work, the notice period becomes 3 days. The working period begins not from the date the application is written or the moment it is submitted to management, but the next day after the employer receives notice of resignation.

In case of vacation or temporary disability followed by dismissal, the calculation day is considered to be the last day of vacation or sick leave. If the previously agreed date for the employee's departure falls during a period of vacation or sick leave, the employee will be dismissed on the date determined in advance. Then a note is made in the order that it is not possible to familiarize the person with the relevant order.

How to write a resignation letter

The Russian Labor Code does not contain clear requirements for the form and content of notice of resignation, therefore application forms and precise wording of proposals simply do not exist. The employee, in free form, submits in writing a request to dismiss him on his own initiative. However, different managers may put forward their own requirements for the document, so before writing a letter of resignation, it is better to consult with your superiors to avoid possible mistakes.

What dates need to be entered?

A written notice of the employee's intention to terminate the employment contract must necessarily contain the date of dismissal, which is considered the employee's last working day. It is correct to indicate in the document only the date and month, without various pretexts, so as not to mislead the manager or the personnel department. If the text of the request for payment does not contain the exact date of termination of professional activity, the employer has the right to pay the employee in two weeks, based on the date of submission of the application.

Signatures

When drawing up a written request to terminate an employment relationship on personal initiative, the law of the Russian Federation requires that it contain only one signature - the person who has expressed a desire to quit. His visa indicates his own initiative to break the tenancy agreement. If there is no signature of the employee on whose behalf the application was drawn up, it is considered invalid. The Labor Code of the Russian Federation does not stipulate that the employer must endorse written requests from employees for their resignation, but in practice, before settlement, they are signed by the head of the organization.

Where to submit

The Labor Code of the Russian Federation does not indicate where a completed request for resignation should be submitted, so different organizations may have their own requirements in this regard. Written notice of intention to permanently leave the workplace may be provided:

• to the employer personally;
• to the head of the department or immediate superior;
• to the HR department;
• to the office of the organization or the secretary of the chief;
• to the company management via mail.

Sample application for voluntary resignation

If you have to resign on your own initiative, it is better to start by consulting with your immediate supervisor or HR officer, who will tell you how to resign correctly in your specific case. If circumstances are such that consultation is not possible, you can use the following example of a resignation letter as a basis for drawing up a written notice of resignation:

To the director

Moscow secondary school No. 125

Pavlovets N.V.

from the teacher

Davydenko Irina Alexandrovna

Statement

I ask you to dismiss me from my position in accordance with the collective agreement at my own request on August 16, 2019.

02.08.2017 (Signature of the applicant)

Is it necessary to work for two weeks?

The Labor Code of the Russian Federation specifies valid reasons that give an employee the right to quit without mandatory service. This:

• retirement;
• enrollment in full-time study at an educational institution;
• acceptance to a position in another organization through a competition;
• moving to a permanent place of residence in another locality;
• medical contraindications for further professional activity;
• care for a child under 14 years of age or a sick family member (upon provision of a medical report).

Sample application for dismissal without service

If you have a good reason, you can ask management to fire you early without working the two weeks required by law. The organization decides whether it is possible to fire you without working time. If your boss allows you to pay early, the resignation document must contain an agreement from an authorized person and will look something like this:

To the manager

chain of retail stores "Althea"

Danilov V.V.

from the seller

Karpenko Olga Sergeevna

Statement

I ask you to voluntarily dismiss me from my position due to health problems on April 3, 2019.

04/02/2017 (Signature of the applicant)

I authorize dismissal before the expiration of the notice period:

Manager (Signature of the manager) V.V. Danilov

Revocation procedure

Mandatory two-week work is provided not only to provide the organization with the opportunity to find a replacement for the resigning employee, but also for the employee himself. During this time, a person may change his mind about quitting and withdraw his resignation at his own request. An employee has the right to withdraw a document indicating his intention to terminate the employment contract and return to his position only if another employee is not invited in writing to take his place.

What to do if you don’t sign your resignation letter?

If, after conscientiously working the required 14 working days, management refuses to fire you, then there are gross violations of the law by the employer. You can sue or resign peacefully, but competently. To do this, you should send a written notice of resignation by registered mail or submit it to the secretary as incoming documentation. In this case, the secretary is obliged to make a copy of the document, endorse it and register it under the appropriate number in a special journal. With this approach, management simply does not have the right not to fire you.

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Voluntary dismissal is a fairly common industrial situation. Often, like any break in labor relations, it is associated with conflicts and controversial situations. To go through this procedure with minimal losses, you need to pay maximum attention to the formal side of the matter, where filing a resignation letter plays one of the key roles.

What to write in a voluntary resignation letter

Writing a letter of resignation of one's own free will, which in common parlance is often also called a letter of resignation, is the first stage of terminating an employment contract. This procedure consists of four steps in total:

1. Writing a resignation letter of your own free will.
2. Transfer it to the employer.
3. Preparation of a dismissal order and calculation of payments due to the employee.
4. On the day of dismissal, final payment is made to the employee and all due documents are handed over to him.

The process of dismissal at will is regulated by Art. 80 of the Labor Code (LC) of the Russian Federation. This article contains the minimum requirements for a resignation letter:

• written form - handwritten or printed, not specified;
• request for dismissal;
• the date of termination of the employment relationship desired by the employee;
• personal signature of the resigning employee.

The application itself can be drawn up in free form, taking into account these requirements.

Voluntary resignation letter template

In this case, the employer has the right to impose additional requirements on the application form in accordance with the standards adopted by the organization. The legislation does not limit it in this; the main thing is that the minimum set of requirements for this document be met.

Some HR experts recommend insisting that the employee not type the resignation letter on his own request on a computer, but write it entirely by hand. In judicial practice, there are cases where an employee dismissed on the basis of a printed statement then filed a lawsuit and sought compensation for forced absence. In court, he argued that he allegedly did not write a statement, but once signed a blank sheet of paper. And employers were not always able to prove that they were right in such situations.

If the application is not signed by the employee, the employer has every right to leave it without consideration. After all, it’s actually the same as if there is no document.

Typically, in the “header” (top part) of a resignation letter, the following data is indicated:

• Full name and position of the head of the organization to whom the application is addressed (the decision to dismiss an employee is entitled to be made by the first person or the one who replaces him during absence);
• full name of the employer;
• Full name of the employee;
• employee position;
• name of the structural unit where the employee works.

For example:

General Director of Romashka LLC

Ivanov I.I.

sales manager

Petrova P. P...

Samples of voluntary resignation letters

The most common situation is when an employee submits an application for dismissal of his own free will within the standard two-week period provided for this by the Labor Code of the Russian Federation.

As a sample, you can use the example shown in the illustration.

Sample letter of resignation with working out the two weeks required by the Labor Code of the Russian Federation

In the example given, the employee asks to dismiss her on August 16, but the application itself is dated August 2 - that is, written exactly 14 days before the date of the proposed dismissal.

Application for dismissal without service

In some cases, the Labor Code of the Russian Federation allows an employee to terminate an employment contract on his own initiative in a shorter period than the designated two weeks, or, as it is commonly called, without working out. Such situations include:

• retirement;
• admission to full-time study at an educational institution;
• acceptance to a position in another organization as a result of an officially announced competition;
• moving to another area;
• medical contraindications to further work, documented;
• caring for a child under 14 years of age or a sick family member whose need for care is confirmed by a medical certificate;
• violation by the employer of the employee’s rights, which became the reason for dismissal. However, the fact of a violation must be documented, and if you contact the labor inspectorate, it will take just two weeks to consider the complaint.

All of these reasons for dismissal without service are considered valid.

In such cases, the employee indicates in the application the reason relevant to his case. For example, how it is done in the sample.

Sample letter of resignation of one's own free will without service

In this example, the employee requests dismissal from the next day after submitting the application. Since the reason for dismissal in his case is valid, this is allowed. The date of dismissal in such cases is not even discussed.

Sample application for resignation of one's own free will without service due to moving to another area

The reason giving the right to dismissal without working for two weeks usually needs to be documented. To do this, you need to attach, for example, a doctor’s report, a certificate of enrollment in full-time study, a copy of the order to transfer a family member to another area, etc. In this case, a list of attached documents is given in the application.

Sample letter of resignation of one's own free will with a list of attached documents confirming a valid reason for dismissal

If desired, the employer can fire the employee without forcing him to work the required two weeks, even if there are no valid reasons for this. Many managers believe that since a person has decided to leave, it means that his motivation is at least not the same, and there is no point in keeping him, and in some cases it would be better to get rid of him as soon as possible.

Sample letter of resignation without working towards vacation

Dismissal without working towards vacation is a situation where, after submitting an application, an employee takes another vacation, if it is due to him, or arranges vacation at his own expense for exactly the two weeks that he is legally required to work. The option of registering sick leave for this period is also practiced - with this option there is no need to formalize anything additional, it is enough to present a certificate of temporary incapacity for work upon leaving the sick leave, covering the missed days.

In a situation where an employee takes a vacation, two options are possible:

• an application for leave with subsequent dismissal is written;
• two applications are written - one for leave, the second for voluntary dismissal.

Sample application for leave followed by voluntary dismissal

If the employee has already used the right to another vacation, he can take vacation at his own expense for the period preceding the date of dismissal (without pay). An application for such leave followed by dismissal usually indicates the reason for the leave: for family reasons, due to the need for treatment, to care for a sick relative, etc. If necessary, a document confirming the circumstances stated in it is attached to the application.

Work upon dismissal (video)

What date should be indicated on the resignation letter?

When there are no valid reasons for voluntary dismissal without work, the date on the application should be no earlier than two weeks from the date the application was written. In this case, the countdown does not start directly from this date, but from the next day. For example, if an employee dates the application on January 20, he must count the required 14 days from the next day, that is, January 21. In this case, the earliest date of dismissal that he can indicate in the application will be February 3, and not the second, as if the countdown started from the date of writing.

When one of the listed valid reasons is behind the desire to quit, the date can be any. Indeed, in this situation, the law allows you to quit even from the day you submit your application.

You must also understand that a two-week period is only the minimum requirement of the law and the employee can indicate a later date in the application. If an employee asks to be dismissed in a month or even a year, this is not a basis for refusing to accept the application. An employee simply does not have the right to demand that he be fired earlier than two weeks later. But the employer does not have the right to demand that he work more than two weeks.

If the employee indicated a date in violation of the two-week deadline, for example, as in the example given a little earlier, he began counting directly from the date the application was written, the employer has three options:

• sign the application, turning a blind eye to non-compliance with formalities, which often happens in practice; for the employer, this option does not entail anything other than the fact that the person leaving will work a day less than expected;
• impose on the application a resolution with a dismissal date that satisfies the requirements of the law, for example: “Dismiss from 02/03/2018 in accordance with the requirements of Art. 80 Labor Code of the Russian Federation";
• refuse to accept an application with a resolution, for example: “The request is refused, since the period for a written warning to the employer does not comply with the requirements of Art. 80 Labor Code of the Russian Federation." Or communicate your decision to the employee verbally. However, it won’t take long to rewrite the application indicating the correct date in this situation.

Employers often set the following condition: if you work as long as I say, I will let you go with the right to return, and if not, goodbye forever. Whether in this case it is worth giving in and valuing relations with an employer to whom the law is not written is up to everyone to decide.

In practice, filing an application is often preceded by preliminary oral negotiations between the employee and his immediate superior and/or the company’s top executive. The day of dismissal may be one of their results - either in two weeks, later or earlier. If there is such an agreement, this date is indicated in the application.

Labor law experts recommend not using the preposition “from” when indicating the date of dismissal. Simply put: you don’t need to indicate “from 02/03/2018”; it’s better to just “02/03/2018”. They motivate their position by the fact that the presence of “c” allows the employer to interpret the employee’s request as allowing for later dismissal.

Is it necessary to register a resignation letter of one’s own free will and how to do it correctly

The Labor Code of the Russian Federation does not require mandatory registration of a resignation letter. However, it may be provided for by the internal rules of document flow in a particular company and regulated exclusively by them.

Practice shows that depending on the specific company, such statements can be accepted by:

• the head of the company himself;
• the immediate supervisor of the resigning employee;
• personnel service (personnel department, HR department);
• accounting, if it is also entrusted with personnel functions, as is often the case in small businesses;
• office of the head of the organization;
• secretary.

The internal rules of a particular company also determine the algorithm for moving an application between the relevant services. In some companies, it is enough to submit an application once and not think about it again until the day of settlement. In others, the resigning employee himself goes around with it to all the structures into which it should end up. For example, having received a visa for the first person of the company, he takes the application to the personnel service or accounting department.

If it is customary for a company to register applications from employees, these functions can be assigned to a secretary, receptionist or, for example, a human resources manager

Registration of the application under the Labor Code of the Russian Federation is not required. But if it is provided for by internal rules, then it must be done. For example, a company may keep an application log that reflects all applications from employees, including voluntary resignation.

The employee himself has the right to ensure that the employer has received the resignation letter. Moreover, it is often in his interests. To do this, he can take a copy of the document and ask the secretary or other employee whose competence includes accepting such papers to sign and date it.

The situation is similar with the approval of the application. This is not required by law. But a corporate standard of office work may include, for example, a scheme where the application is signed first by the immediate supervisor of the person leaving, then by the deputy manager supervising their department, and only then by the chief executive of the company. As for the employee, in case of controversial situations, the presence of signatures on the application is only beneficial for him - after all, this is confirmation that the employer received the document.

A resolution or signature of the first person is also optional by law. But if the internal rules of the company require its presence, it means that until the application is endorsed by the manager, neither the personnel service nor the accounting department will take it into work.

Form and registration of resignation letter of one's own free will (video)

Can an employee withdraw his resignation at his own request?

An employee has the right to withdraw his resignation at his own request at any time until his last working day, which is also considered the date of dismissal, has expired.

A two-week work period is provided for by law in case he might change his mind during this time. In this regard, a parallel arises between it and the probationary period when hiring, when the company is looking at the newcomer, and he is looking at the company and can refuse further work if he considers that the company is not suitable for him. By the way, the period of work during the probationary period is limited to only three days, including for these reasons.

The employer has the right to refuse to withdraw an employee's application for resignation at his own request only in one case - when he has already invited a new applicant to the position being vacated by the resigning employee, has hired an employee for it by way of transfer, or has other reasons that do not allow him to refuse the selected candidate for a vacant vacancy in the conclusion of an employment contract. Other grounds are not provided for by law.

How to write a letter to withdraw your resignation letter

As with the resignation letter, there are no strict requirements for this application form. It is enough to reflect who it is addressed to, who it comes from and the essence of the request.

Sample application for withdrawal of resignation at one's own request

In practice, if it is not customary for the company to register every document, most often, after reaching an agreement that the employee will remain, the previously written resignation letter of his own free will is simply torn up, and it is pretended that he never existed. But if the document is registered, you cannot do without a revocation application. There are also cases when the manager insists on documenting the withdrawal of the resignation letter for some other reason. But writing it is not a problem in any case.

What to do if the employer does not want to fire you

If the employer, after two weeks from the date of acceptance of the application for resignation at his own request, or an earlier period when there are good reasons for this, this is a gross violation of labor laws. And it will not be difficult for an employee to prove his case in court. Most often, a complaint to the labor inspectorate will not be fruitless, especially when the employee has confirmation that the application has been accepted. This could be, for example, a copy of the application with an acceptance mark.

But most employers also understand this, and therefore cases when they are so openly framed are extremely rare.

Most often, an employee is faced with a refusal to accept and/or sign a resignation letter of his own free will. After all, this is more difficult to prove.

In this situation, you can use the following algorithm of actions:

1. Record a conversation with a manager or company employee whose competence includes accepting applications, on video or, at worst, on a voice recorder using a mobile phone. Depending on the situation, you have a choice - to film with a hidden camera or demonstratively. In some cases, the very fact of recording has a sobering effect on the presumptuous boss: few people smile at the prospect of soon becoming the next “YouTube star.” In addition, the video recording can be used as evidence in court and can be attached to a complaint to the labor inspectorate.
2. Send your resignation letter by registered mail with a list of attachments and acknowledgment of delivery. Please note that the two-week countdown date will be the next day after the employer receives your shipment. This can be reflected in the statement by formulating the request, for example, like this: “I ask you to dismiss me of my own free will in accordance with Art. 80 of the Labor Code of the Russian Federation exactly after fourteen days from the date of receipt of this application.” The date of receipt of the application will be considered as indicated in the notification of delivery, and the fact that it got to the right desk later is no longer your problem. When filling out the notification of delivery, indicate your home address or any contact address other than your work address. Most likely, after delivery to the worker, it will fall into the wrong hands, and then you will never see it.
3. Wait for notification of delivery.
4. If, after two weeks from the date specified in the notice (do not forget that the countdown starts from the next day after it), you have not been fired, send by mail a notice of termination of your official duties due to the fact that, in accordance with Art. 80 of the Labor Code of the Russian Federation, two weeks have expired from the moment the employer received your resignation letter.
5. Even if you have achieved your goal, this does not deprive you of the right to go to court for compensation for moral damage, and in some cases, material damage. For example, in practice there are situations when a quitter could not get a new job due to the fact that the previous employer did not give him a work book, and was forced to conclude a contract with the new employer until the problem was resolved. For this reason, his right to leave arose later than if the employment contract had been concluded with him immediately. In such a situation, it seems quite logical to demand materially expressed satisfaction from the culprit of the current state of affairs, that is, the employer. If you were not fired after this, you have every right to apply for protection of your rights to the court, the labor inspectorate and the prosecutor's office - and to any of these authorities of your choice, or to all of them at once.

When the director of one company refused to sign a resignation letter of his own accord from an employee whom he considered a valuable specialist, he promised to go on a binge right from that very day, spitting on all his responsibilities, and to come to the next planning meeting with obvious signs of intoxication. For such misconduct, it was customary in the company to fire without talking. However, a medical examination of such employees was not carried out; the issue of writing a letter of resignation was resolved at the level of oral agreements with the director. At the same time, the offenders were happy that they were not fired under an article of the Labor Code of the Russian Federation, which practically reduced prospects for further employment to nothing, and the director was happy that, figuratively speaking, he “settled things according to the rules” and did not ruin anyone’s biography. Thus, the person leaving was sure that he was not risking anything other than the consequences for his own health from excessive alcohol consumption. After such a warning, the director had no choice but to sign the statement.

Journalist and copywriter with extensive experience. I write mainly on business, finance, and personal finance topics. For a little over a year I worked as an editor at a consulting bureau that helps bring order to the finances of small and medium-sized businesses. He was the chief editor of two magazines, including one business magazine, and the chief editor of city newspapers in Kostroma and Yaroslavl.

04/15/2019 , Sashka Bukashka

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

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

An employee is not a slave; he has the right to terminate a contract with any employer, be it an individual entrepreneur or Gazprom. All the reasons necessary for this are listed, one of them is the employee’s own desire. At the same time, it is not necessary to look for a sample letter of resignation at your own request! There are no requirements on how to write, and there is no single example in the legislation; a citizen has the right to express his will in any form: write an appeal by hand or on a computer, present it to the office or send it by mail. The main thing is that the desire to quit is clearly expressed. If it is written clearly, then everything is correct.

Fill in the details

You can also enter them correctly without preparation. They are the same as other documents presented to the employer:

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

That's the whole correct sample for you to use as an example.

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

Sample resignation letter: text

LLC "Vesely Dolphin"

Director Zasuzhuka I.F.

from the bartender Bukashka Alexander Borisovich

Statement

There are some subtleties

It is not necessary to indicate at what point you wish to terminate your relationship with your employer. All the same, the two-week period for your work will start from the day following the day when the accounting department received the appeal. However, for example, if the parties reached an agreement on a shorter period of work than established by law, then it is better to write: “dismiss on the 24th” rather than “dismiss on the 24th”. Otherwise, discrepancies may arise regarding the last day of work (23 or 24).

When is it necessary to indicate the reasons for dismissal in the application? Are there such situations? Expert comments specifically for Sashka Bukashka’s website:

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

Dismissal under an article, when it is not you who is leaving, but “they are leaving you” - the most negative option, a “wolf ticket”, after which it will be difficult to look for work. We at Antislavery always advise in such cases: you need to try to negotiate with the employer - rather than being fired under the article, it is better to write a statement of your own free will. Just to leave and not spoil my career in the future.

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

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

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

How to work it out correctly

Any employee can stop working at his own request if he does not like the conditions, or for some other reason. However, we must remember that the law establishes for all categories the obligation to notify your superiors of your intentions half a month in advance, because you need to find a replacement. The countdown of these two weeks will begin the day after you present your own desire in writing. Let's take our sample application as an example. If you submit it on October 2, then two weeks will begin to count from the 3rd, and your dismissal will be formalized from the 17th.

How to do without two weeks

There are exceptions, of course: if the reasons for which a citizen resigns are force majeure (army, prison), then these two weeks are out of the question. In addition, the period of this duty is increased for a person holding a managerial position - a month, and reduced for an employee on a probationary period - 3 days. . You can agree with the director on a shorter period of service or no work at all; the law gives this right to the parties (). So, for your own benefit, try to maintain a good relationship with your manager. In order to avoid problems, it is better to discuss with him in advance how to correctly write a letter of resignation. It is necessary to take into account all the circumstances important to the parties, because situations vary.

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

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

Example of dismissal on sick leave

No one has the right to forcibly dismiss a sick employee who is on sick leave (). Here only his own desire will be taken into account. It happens that he decided to write a statement, and then fell ill. In this case, he can be fired if the paper is not withdrawn and he does not recover, on the very day specified by him. Only an employee can change the date. Don’t be lazy to defend your rights, you can always.

Right to recall and stay or leave

What is the right thing to do if the manager does not cooperate and does not accept the application? You can insist on your decision, write a statement and send it by mail with mandatory delivery against signature. At the same time, pay special attention to the text of the document and compose it in an exemplary manner. An example of an application for voluntary resignation is presented in our article; the sample can be downloaded in a convenient format.

And, of course, anyone has the right to change their mind (part 4), but only within the specified two weeks. Please note that revocation is also made in writing to avoid errors and misunderstandings. If you are planning a vacation before dismissal, you can revoke the document before the day the well-deserved rest begins.

The employee wrote a statement “of his own free will” and asked to be dismissed “as of March 22, 2016.” How should this be understood? What working day will be his last day of work (dismissal): March 21 or 22?

SOLUTION

Federal Law No. 59-FZ dated 02.05.2006 “On the procedure for considering appeals from citizens of the Russian Federation” defines a statement as a citizen’s request for assistance in the implementation of his constitutional rights and freedoms or the constitutional rights and freedoms of other persons, or a message about a violation of laws and other legal regulations acts, shortcomings in the work of state bodies, local governments and officials, or criticism of the activities of these bodies and officials. In labor relations, a statement is a personal request from an employee aimed at realizing his labor rights.

This document is drawn up in free form; the employee also determines its content himself.

Example

Article 80 of the Labor Code of the Russian Federation provides for mandatory written warning to the employer of dismissal. This means that an employee who wishes to resign of his own free will must contact the employer with a written application. But the employee decides for himself how to present his request in the application.

What kind of resignation letters are not prepared by employees!.. And it’s good if they clearly state the date of termination of the employment relationship. Ideal option: “I ask you to fire me on March 22, 2016.” In the situation under consideration, this is not so obvious. Sometimes an employee, formulating his request in this way, believes that on March 22 he will already be fired. This means that he must not return to his old job and, for example, can enter into an employment contract with another employer from this day forward.

Of course, it is advisable to avoid unclear and imprecise language in personnel documents. But the application is written by the employee, and HR employees do not have the right to tell him what and how to write there.

Error! Require the employee to rewrite the application if it is not written “in accordance with the form” or if grammatical and spelling errors were made when writing it

In any case, when accepting an application, carefully study its contents. And if the employee wrote: “I ask you to fire me as of March 22, 2016,” clarify what he means. Explain that the day of dismissal is a working day. This will help avoid discrepancies, and you won’t have to guess: either the employee is going to go to work for the last time on March 22, or he no longer plans to come on that day.

If the employee did not submit the application in person (for example, while on vacation, he sent it by mail) or for some reason does not want to explain what he meant, you should mentally discard the pretext and focus on the date indicated in the application. The courts also share this point of view.

Example

The dismissed employee T. filed a lawsuit against the employer for reinstatement at work. She motivated her claims by the fact that on September 20, 2011, under pressure from management, she wrote a letter of resignation effective September 21, 2011. Subsequently, she contacted her employer with a request to withdraw her resignation letter, but due to the latter’s refusal to accept this application, she sent it by mail. However, I learned that the order to dismiss her was issued on September 20, 2011. As a result, she was deprived of the opportunity to withdraw her resignation.

The court of first instance refused to satisfy the claims due to the lack of proof of the fact of pressure when writing the letter of dismissal. However, the judicial panel for civil cases of the Supreme Court of the Chuvash Republic came to the conclusion that the employer committed a significant violation of the procedure for terminating the employment contract.

As follows from the plaintiff’s application for voluntary dismissal, dated September 20, 2011, she asked to be dismissed effective September 21, 2011, but was dismissed effective September 20, 2011.

During the consideration of the case by the courts of both the first and cassation instances, the plaintiff indicated that when submitting an application to the defendant, either orally or in writing, she did not ask to dismiss her as of September 20, 2011.

Thus, the judicial panel came to the conclusion that an agreement to terminate the employment contract on September 20, 2011 (dismissal date) was not reached, and therefore, in accordance with the provisions of Art. 80 of the Labor Code of the Russian Federation, the defendant had the right to dismiss the plaintiff only on September 21, 2011. In this regard, the decision of the court of first instance was canceled and a new decision was made, according to which the plaintiff was reinstated at work, the average earnings for the period of forced absence and compensation for moral damage were recovered in her favor (ruling of the Supreme Court of the Chuvash Republic dated January 11, 2012 in the case No. 33-1-12).