Application for voluntary resignation. Sample 2021

Each employee, based on his own needs and desires, can sever his employment relationship with the employer. Only one condition needs to be fulfilled - write a corresponding application ten days (working days) before the date of leaving the position. It is assumed that during this time the employer will be able to find a replacement for the resigning employee, and he, in turn, will have time to transfer the affairs to the successor.

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Labor legislation

The procedure for terminating an employment contract is regulated by Art.
77 and 78 of the Labor Code of the Russian Federation, where the provisions and procedures are prescribed. Using these articles, you can terminate both an open-ended and a fixed-term contract. In case of an indefinite employment contract, termination of the relationship is allowed after a preliminary 14-day warning by the party that initiated this action. A fixed-term contract is terminated when management notifies the subordinate in writing at the end of its term. If management did not warn such an employee about dismissal due to the expiration of the contract, the agreement becomes indefinite.

Any party may take the initiative to terminate the contract. Once an agreement is reached, the severance of the labor relationship must be documented in the appropriate protocol.

( Video : “How to formalize dismissal by agreement of the parties?”)

Thus, there are the following options for terminating an employment contract.

The end of its validity period when it is concluded for a specific period.
Submission by an employed person of a resignation letter with 14 days of work.
In other options provided for by law.

Note. By mutual agreement, the outgoing employee may leave the institution without working the 2-week period.

What to do if the director does not sign the application

Sometimes circumstances may arise in institutions when, for some reason, controversial situations arise between management and employees.

Management ignores the application: In this case, the employee must send the application by registered mail with notification.
The employer ignores the application to cancel the dismissal: As in the previous case, you need to send a review by mail.
Management, on its own initiative, wants to dismiss an employee: Under these circumstances, it is necessary to contact the judicial authorities (Article 391 of the Labor Code of the Russian Federation, Article 394 of the Labor Code of the Russian Federation, Article 395 of the Labor Code of the Russian Federation).
An employer fired a person who had previously worked: Here you also need to go to court.

It should be noted that you should not be afraid to go to the judicial authorities, since the applicant is exempt from paying state fees (Article 393 of the Labor Code of the Russian Federation). If the institution violates the law, the employee will be reinstated with compensation.

In this video you can familiarize yourself with the rules for dismissal on your own initiative.

( Video : “Finding the answer. Dismissal at will”)

How to submit an application to an employer

Termination of business relationships by agreement of the parties is possible for both open-ended and fixed-term contracts. To carry out such an event, the employee must submit a written request, the content of which must comply with the rules for drawing up business papers.

Note. A request for dismissal by agreement of the parties is submitted 2 weeks before the date of termination of the employment contract.

A completed request to leave the company by agreement of the parties can be sent to the manager using the following options:

Personally by a working person, visiting the reception or personnel department.
Via mail - by sending a registered letter with notification of delivery to the addressee.
Courier delivery.
Sending the document by email, if you have an email address at the company.

In all options for filing an application, the time for filing it is counted taking into account the delivery of the document, if the working person must work for 2 weeks.

An employee can send such an application while:

In a hospital bed. In these circumstances, the boss is obliged to dismiss the employee on the date noted in the petition, even if on the specified date he is on sick leave. He will receive payment and necessary documents, as well as accrued sick leave after recovery.
On holiday . The date of deduction according to the vacationer’s request can be made both during the vacation and at its end. The vacationer will receive the documents at the end of the vacation.

What does it mean to work two weeks before quitting?

This is due, first of all, to not disrupt the activities of the organization from which the employee is leaving. An employer needs time to find a replacement or otherwise optimize an organizational structure that is losing one of its elements, personnel.

There are a few exceptions to the general rule:

For employees working on seasonal jobs, under a fixed-term contract (up to 2 months) and for persons who are on a probationary period, the working period is only 3 days (Articles 71, 292, 296 of the Labor Code of the Russian Federation).
For the heads of the organization (Article 280 of the Labor Code of the Russian Federation), as well as persons working as coaches and athletes (who have a contract for 4 or more months), the working period is 1 month (Article 348.12 of the Labor Code of the Russian Federation).

There are situations when employees do not want to stay at their former job for another 14 days:

they are expected in a new place;
moving is approaching;
personal reasons or something else.

They can avoid working for two weeks by notifying the employer.

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What to do if you didn’t work officially, you were fired, you didn’t get paid
What is the employer obliged to give the employee on the day of dismissal?

Documents required for registration of dismissal

The expulsion process, just like the employment process, requires the implementation of an accepted algorithm. Therefore, in order to expel an employed person, a basis for deduction is required, regulated by Art. Art. 78, 79, 80 of the Labor Code of the Russian Federation and the availability of the following documents:

Petitions for dismissal, when leaving by personal will.
Agreement on termination of the contract, upon dismissal by agreement of the parties.
Notifications about the expiration of an employment contract when employed under a fixed-term employment contract.

To expel an employee, you must complete the following steps:

Issue an order for deduction in accordance with Form T-8. This order requires you to display:

Grounds for deduction.
Provide a link to the relevant article of the Labor Code of the Russian Federation, according to which the person leaves the company.
The dismissed person must sign the order to familiarize himself with its contents.
Based on the order, fill out the subordinate’s work book with the appropriate entry, according to the order.
Fill out a calculation note (form T-61), showing the due payments to the employee.
Fill out the employee’s personal card (form T-2), making an entry about the deduction and familiarizing the departing employee with the completed records for signature (Article 84.1 of the Labor Code of the Russian Federation).
On the last day of work, give the dismissed person the documents required by law that he will need when finding employment in another institution.

List of documents issued upon dismissal:

An employment contract signed when a subordinate is hired for work.
Order on hiring an employee to the company.
Orders issued when transferring a subordinate to other departments (if any).
Issued order for deduction.
Certificate of salary received by the employee for 2 years, or during the period of work if the person worked for the company for less than 2 years.
Documents certifying deductions from wages to established funds.
Personal Income Tax Form-2, which includes information on the amount of salary received by the employee at the estimated time, as well as on all accruals of insurance premiums. The certificate must be certified by the signature of the responsible employee and the seal of the company. This form is issued on the final day of work or sent to the dismissed person by registered mail, if the latter consents to this.
A certificate showing the vacancies held by subordinates during the working period in this company.

The entire list of certificates is issued in one copy and only once. They can be received no later than one year from the date of dismissal from work.

All duplicates of issued documents are attached to the person’s personal file. The fact of their delivery to the dismissed person is recorded in a special journal.

In addition to the listed materials, the dismissed person must receive a work book from the personnel department, with a record of deduction made in accordance with the requirements of the Labor Code of the Russian Federation.

In what case can you not work for 2 weeks?

Work upon dismissal is established by law if the termination of the employment relationship with the employee is carried out on the initiative of the latter.

However, the administration of the subject, in turn, may allow the employee to leave the company early, without insisting on working the entire two weeks. Then the dismissal is carried out at one's own request without working off.

The Labor Code stipulates cases in which an employee can resign immediately, without working out the established period:

Admission to an educational institution as a full-time student;
Employee retirement;
Violations of labor regulations by the employee (however, in this case he may be dismissed “under the article”);
Relocation of family members to another area for work;
Relocation of a close family member to work abroad;
Change of residence for medical reasons;
Caring for a sick family member or disabled child under 14 years of age.

Step-by-step procedure for dismissal by agreement

The process of terminating the contract by agreement of the parties can begin after the initiative of any party in the institution to terminate cooperation.
The law does not define who can take the initiative, however, all changes and additional agreements in the employment contract must be made in writing.

If this initiative was shown by a subordinate, then he is required to submit a petition.

Deduction by agreement of the parties on the initiative of the superiors is carried out by sending a service notification to the subordinate. The form of these documents is not established by law.

Next, the consent of the other party is required, which must also be expressed in writing. Consent can be expressed, for example, as follows - “I agree”, with the date and signature displayed.

The next step involves drawing up a resignation agreement, which stipulates conditions that depend on the specific situation and working conditions of the departing person.

After concluding an agreement, changing it is allowed in the same manner as the conclusion, that is, the employee does not have the right to leave work earlier than the agreed date, and the boss cannot dismiss the leaving employee earlier than the agreed period in the agreement. This provision is regulated by the legislation of the Russian Federation, confirmed by the Supreme Court of the Russian Federation (decision of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004) and the Constitutional Court of the Russian Federation (No. 1091-O-O of October 13, 2009).

Note. Unlike leaving on personal initiative, when expelled by agreement of the parties, the subordinate does not have the right to change his mind and withdraw his resignation request - for this, the boss will also need to agree with the extension of the employment relationship.

On the date shown in the agreement, the head of the company issues an order for deduction. The form of the deduction order was established by the State Statistics Committee of the Russian Federation No. 1 dated January 5, 2004, which is expressed in the standard T-8 form. Since 2012, according to the Russian Federation Law “On Accounting,” institutions have the right to create internal templates for business documents, but most managers use the T-8 form.

After an order is issued to expel a subordinate, the latter is obliged to sign it, confirming familiarization with it. Then he is given a completed work book with the corresponding entry made and a full payment is made, with the issuance of documents, in accordance with the legislative norms of the Russian Federation.

At this point, the business cooperation between the employee and the head of the institution is terminated.

Typical mistakes made when drawing up an application

It happens that employees fill out the paper incorrectly. Often they do not write the basis for leaving “by agreement of the parties . If the text only states the date of termination of the contract, the employer may regard the employee’s decision as an intention to leave of his own free will.

Please note that the text contains the signature of the employee. Without it, the document is considered invalid.

The employer must express its consent or objections in writing. Typically, the appeal is marked with the inscription “I agree” , the date and signature of the manager.

The employer does not have the right to postpone the termination date of the contract unilaterally. If he demands to work a few more days for the employee to submit a report or do some other work, such actions are illegal.

How to file a resignation letter by agreement of the parties

To fill out an application, by agreement of the parties, take a blank sheet of paper, A4 size, and fill it out, either manually or on a computer, followed by printing.
The application must be completed with the following structural elements:

A cap

The position, company name, full name are displayed here. boss (in the dative case)
The position to be filled below is full name. the submitter of the request (in the genitive case). The structural unit and personnel number can be displayed.
The name of the form is “Application”.

Request text

This section sets out the applicant's request for consent to terminate the business relationship and the date of discharge.

Conclusion

At the end of the completed application, the date of completion and the signature of the dismissed person are indicated.

A request to leave the company by agreement of the parties can be sent at any time:

during work activity;
while on a business trip;
during illness;
while on vacation.

Based on the submitted petition, the management of the company issues an order signed by the boss.

Sample letter of resignation by agreement of the parties

There is no unified template for an application to leave the company by agreement of the parties.
Such a request can be written in any style. However, it is advisable to follow the rules for drawing up business documentation, that is, fill out the document in a business style, without grammatical errors, with a clear statement of the essence of the request being submitted. Like any application for payment, a request to leave work by agreement of the parties must be completed by filling out the “header”, which is usually located on the right side of the top of the page. This section requires displaying the data of the manager to whom the applicant is applying and the data of the applicant himself.

Then you need to title the document you are filling out. In this case, you need to write “APPLICATION”.

After this, the applicant must begin presenting his appeal, clearly displaying the essence of the appeal and the date of execution. In this option, you need to write: “I ask you to dismiss me from work by agreement of the parties...”

Finally, you need to sign the document and put the date on which it was written.

A sample of such a statement is presented below.

Other types of templates

Depending on the circumstances of departure, the text of the sample resignation letter is written differently. So, when you stop working without working out, which is possible in the event of moving to another place of residence, retirement, enrollment in an educational institution, etc., the template may look like this .

An employee has the opportunity not to work a two-week period if he has unused vacation left in the amount of 28 calendar days. Then the statement will look like this:

If you have recently been employed (less than three months) and are in a probationary period, work will not be required either. How to calculate the date of dismissal in this case was described above.

In general, this form coincides with the standard form. The only difference is in calculating the date of dismissal.

Entry in the work book

When an employee is expelled by agreement of the parties, a record of this event appears in the work book.
The instructions for registering work books (adopted by the Ministry of Labor of the Russian Federation No. 69 of October 10, 2003) states that the entry must have a link to Art. 77 Labor Code of the Russian Federation. Then the reason for expulsion is displayed without abbreviations, with the following text: “Explored by agreement of the parties, part 1 of Art. 77 of the Labor Code of the Russian Federation.”

The work book is signed by the personnel officer responsible for this area of work and the entry is certified with a seal.

After this, the dismissed person is given a work book against signature confirming its receipt.

Methods of dismissal without work

Labor legislation quite clearly sets out the circumstances under which an employee can leave his place of work early. However, in addition to legislative methods of dismissal, there are other methods to avoid working off. They all depend on life situations and relationships with superiors.

By agreement of the parties

The fastest way to be released from labor duties is by agreement of the parties. This method is prescribed in Art. 77 of the Labor Code of the Russian Federation and implies the conclusion of a settlement agreement with the employer. Through an agreement, it is possible to transfer to another place of work, as well as complete release from work duties if both parties to the employment relationship agree.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The agreement is made in writing. The document is signed by all participants in the relationship (director and employee) and must be drawn up in two forms for each party.

The dismissal process consists of the following steps:

signing an agreement;
submitting an application and affixing a management visa;
execution of the order by the personnel department and its signing by the dismissed person;
putting a mark in the labor report;
calculation of the dismissed person.

There is no need to explain the circumstances of the termination of work. However, if the dismissal occurred for one of the reasons reflected in Art. 80 of the Labor Code, you must provide a link to this norm.

When leaving a job on the initiative of an employee, payment of dismissal benefits is not made.

The process of dismissal through transfer is as follows

Coordination with employers - the employee needs to find a new job, and then coordinate the transition with the management of both enterprises.
A letter is sent to the current employer from the new employer with a request to release the employee from duties with further transfer. The letter indicates the day of settlement and the grounds for it.
If there are no objections from management, the request is granted, the application is signed, and the employee, having received a work book, can begin a new activity.

This is important to know: When to pay taxes upon dismissal

In this way, a specialist can quit instantly, without a two-week delay. At the same time, it is worth considering some nuances:

the papers reflect the clause on the employee’s familiarization with the transfer process, as well as consent to the procedure;
the statement contains the definition “Dismissal by transfer”;
the new employer undertakes to hire the person for the agreed position;
The transfer does not provide for a probationary period.

The peculiarity of such dismissal is in the correct execution of documentation. This option is most preferable for employees of government agencies, when moving from one structure to another, or for employees of partner companies.

Family circumstances

As a rule, people leave their place of work with the remark “for family reasons” in the following situations:

Transformation of the employer's organization followed by relocation of employees
Relocation of spouses to other regions with the need for dismissal due to the relocation of all family members.
Serious illnesses of children, parents and other loved ones requiring care. At the request of management, it is necessary to provide proof of relationship.

This is an exhaustive list of circumstances in connection with which an employee has the right to leave his place of work without working for 2 weeks. In other situations, the employee is obliged to either work for the required period or coordinate his departure with his superiors, hoping for understanding.

In any case, the employee must submit an application addressed to the employer, requesting release from duties without work. In the case of early dismissal, the reasons must be explained.

Under any circumstances, the employee must write a letter of resignation. It is written in a standard form. But if an employee wants to quit without working, then he should indicate the reason for his resignation.

Dismissal after illness

The law does not provide for the dismissal of an employee on sick leave. However, practice shows that such situations are quite real. An ill employee can resign without a mandatory two-week period of work in one of the following ways:

write a standard resignation letter, which will indicate the need for work, then open a sick leave - thus, during this period, the dismissed person will be freed from the obligation to attend the workplace;
if an employee is injured or ill and therefore cannot continue working, it is possible to submit an application from a medical institution.

Release from work in both situations occurs two weeks after the application for dismissal, regardless of whether the person is on sick leave or continues to work. However, if the leave from sick leave took place before the end of work, the person being dismissed needs to re-issue the application and indicate the exact day the work activity ends. It is not possible to dismiss on any other day.

Compensation upon dismissal by agreement of the parties and other payments upon settlement

Most often, when leaving an enterprise by agreement of the parties, the question arises about compensated payments to the leaving employee.
The legislation does not provide for mandatory provision of compensated payments by the institution. At the same time, there is no prohibition on limiting such payments, therefore, when signing a care agreement, the parties can stipulate the conditions for the person’s care with the provision of additional payments.

Moreover, by agreement, the subordinate may even be awarded severance pay.

( Video : “Dismissal by agreement of the parties of payment”)

Other payments for deductions under the agreement are exactly the same as for deductions on other grounds, which are as follows:

Salary for final days worked.
Compensation for missed vacation days, according to Art. 127 of the Labor Code of the Russian Federation, including for the past time, if any.

At the same time, if a person received vacation pay in advance, then the excess money given to him is withheld.