How to Submit a Resignation Letter by Mail in 2021 and 2021

Rules for writing and sending an application by mail for an employee

A decision made independently by an employee to leave the company must be communicated to the employer, taking into account the warning period established by law. The employer must be notified of dismissal in writing - by writing a statement signed by the employee personally. In it, the employee must indicate:

clear intention to leave;
specific date of termination of the employment relationship, taking into account the time worked.

When determining the date of dismissal, the employee must take into account that he can leave no earlier than the end of the warning period , which is calculated from following the date of submission of the application. In some situations - when there are extenuating circumstances that make it impossible to continue the employment relationship - dismissal without service is possible.

Important
The employer needs the original application signed personally by the employee. He has no right to dismiss based on his copy.

After the document has been drawn up properly and taking into account the notice period, in addition to personal delivery, the employee has the right to send a letter of resignation to the employer by mail. However, it is necessary to take into account the need for the employee to have confirmation of dispatch . To do this you need:

make an inventory of the letter attachments;
issue a postal item with acknowledgment of delivery.

In what cases is it allowed

At the legislative level, there is no established list of circumstances under which the right to resign remotely appears. The decision on this method of ending cooperation is made in accordance with the agreement between the employee and management.

Production practice shows that the grounds for such termination of employment relations may be the following:

moving to another locality to care for a sick family member or due to the transfer of the husband, who is a career military man, to another unit;
remote location of the main office of the enterprise;
the decision to end the employment relationship was made during maternity leave or in another city;
serious deterioration in health, interfering with the performance of official functions and free movement;
conflicts at work and hostile relationships with some colleagues;
personal reasons.

Thus, if the management of the organization has agreed, then you can resign by mail, indicating any valid reason.

But sometimes difficulties may arise, for example, persons with financial responsibility will have to visit the workplace to transfer material assets.

How to create an inventory of an investment

To fill out a list of letter attachments, you should use the form f. 107 from Appendix No. 26 to the order of the Federal State Unitary Enterprise “Russian Post” dated 03/07/2019 No. 98-p.

It is drawn up in 2 copies . You can fill out the form at home in advance using the service on the Russian Post website. When filling out you must indicate:

FULL NAME. sender;
name of the object being sent - letter of resignation;
number of attachments sent;
declared value;

When visiting the post office, the postal employee registers the letter, puts on the inventory the date of receipt of the letter and the postal identifier number. The postal worker puts his signature at the bottom of the form, indicates his position and full name.

One copy of the inventory is returned to the sender, and the other is placed in the mailing envelope. After this, the employee is left with proof that he sent the written notice of dismissal by mail to the employer.

Important
The attachment list is not used for registered letters, so you will have to send a valuable letter with notification. This is, in fact, the same registered letter, opened by the recipient at his request in the presence of a postal worker to check whether its contents comply with the inventory.

Dismissal by email

Federal Law No. 63-FZ dated April 6, 2011 stipulates that an electronic document with an electronic signature is equivalent to a document on paper.
Thus, any employee who has a digital signature has the opportunity to resign via email. You can even use corporate email to terminate an employment contract. If you choose any of these delivery methods, in order to legally submit your resignation letter, it must be properly completed, signed, and sent to the employer's email address. It must be remembered that a document without an employee’s electronic signature will not be considered valid.

How to send a valuable letter with an inventory and notification

Before sending a letter of resignation by mail, the employee must prepare it and bring it to the post office. He can also prepare an inventory of the investment in advance. Next, those who want to resign need to:

purchase an envelope suitable in size for sending the required documents;
Since notification of delivery is required, you need to take a form f. from the postal operator. 119. On its front side write your full name. and sender's address. It is for them that the notification of delivery will then be delivered;

hand over the envelope with the application enclosed, the notification form and 2 copies of the inventory to the postal worker;
wait for the inventory of the attachment to be completed, pay for sending a valuable letter with acknowledgment of delivery.

Important
Sending a valuable letter with a notification will cost more than sending a similar registered letter without an inventory in the form f. 107.

After delivering the letter, the recipient puts the delivery date and signature on the back of the form f. 119. After this, it is sent by mail back to the sender. It is the date indicated by the recipient in the notification that will be the day the application is submitted to the employer, and the day following it will be the beginning of the working period.

Important
The employee can also send an application by registered mail with notification. But in this case, he is deprived of the opportunity to draw up an official inventory f. 107. Consequently, if problems arise, he will not have evidence that there was a statement in the letter.

Possible problems

When sending a document by mail, you may encounter various problems. Thus, the letter may not reach the addressee or may be returned to the sender. In such situations, it is important to know what actions to take to protect your interests.

The shipment did not reach the employer

It happens that the letter does not reach the addressee. In this case, the employee will have to prove that the document was actually sent, and for this it is necessary:

send a registered letter with notification;
fill out the investment inventory.

If the addressee refused to receive the shipment, then you should take a confirmation from the post office indicating this fact.

It will help confirm that the employer has been notified of the employee's intention to resign. This means that after the expiration of the notice period, the employee can consider himself dismissed. In addition, at the same time, the employer begins to bear responsibility for the untimely issuance of the work book and delay in payment.

In cases where the employee completed all the required procedures as needed, but the letter did not arrive, then the blame falls on the Federal State Unitary Enterprise Russian Post. Since the employer, on the employee’s last working day, must familiarize him with the dismissal order against his signature, hand him a work book, and also fully pay the resigning employee, the person has the right to stop working as soon as the notice period ends. Otherwise, the contract will be extended.

The letter was returned to the sender

When using the remote method to complete an employment relationship, you should keep in mind that sometimes letters are returned to the sender. This means that an application sent by mail can also be returned.

This usually happens for the following reasons:

return upon shipment;
an error by the employees of the post office that serves the addressee;
conscious refusal by the employer to receive the letter.

If the document is returned, then the quitter needs to find out from the employer and postal operators the reasons for the return, and then try to resolve the issue with management in his favor. If the employer refuses to terminate the contract, it is necessary to send a notice by telegram or repeat the procedure for sending it by registered mail. If the employer refuses to receive the document, the delivery date will be stamped at the post office.

The countdown of the two-week period begins on the next day after the date of delivery of the letter. If, after the expiration of the notice period, the employer does not issue a work book and final payment, then they can be claimed through the court.

What must an employer do when accepting an application by mail?

After receiving an application by mail, the employer, as a rule, registers it in the journal of incoming correspondence and transfers it to the responsible services for execution. There is no special procedure for registering dismissal for such cases .

The employer is obliged to formalize the termination of cooperation on the date specified in the application, if it is established taking into account the correct period of employment.

Important
The working period is calculated not from the date the letter was written, but from the date the application was received by the employer. That is, from the day following the date specified in the notification of delivery.

In a situation where an employee sends a request to dismiss him before the end of the notice period, the employer can do one of the following at his discretion :

satisfy his request and issue the order on the required date;
count the period of service from the day following the date of receipt of the letter, and only upon completion of this period formalize the dismissal.

However, it must be taken into account that if an employee has good reasons to quit early (Part 3 of Article 80 of the Labor Code of the Russian Federation), the employer is obliged to satisfy his request and terminate the employment contract on the desired date.

A more complicated situation is when the letter was received by the employer later than the deadline specified in the application. In this case, any of the following approaches would be legitimate:

issue an order on the date of receipt of the letter the application as the day of dismissal (determination of the RF Armed Forces dated July 11, 2014 No. 78-KG14-12);
count the period of service after receiving the application and only after that carry out dismissal.

In any option, the principle of agreeing on the date of dismissal by the parties to the employment contract will be formally observed. It is advisable for the employer to additionally record the date of actual receipt of correspondence in such cases. For example, by a separate act of the commission.

The employer did not receive a withdrawal of the application

During the service period, the employee can change his decision and send a letter to the manager withdrawing his resignation letter. Sometimes such a letter is late, that is, it arrives at the addressee after the order has been issued.

In such cases, the legality of the employee’s dismissal is determined based on the date of receipt of the letter of revocation.

If the manager receives a review after the warning period has expired, then the dismissal is considered legal. But to do this, the employer must have time to make the final payment, issue the employee a work book, as well as other necessary documents.

By carrying out all these procedures on time, the employer will be able to avoid the unpleasant situation in which the employee will have the opportunity to send a withdrawal of the application at the last moment. Thus, all risks arising from untimely receipt of feedback are borne by the person leaving.

Is it possible

Current legislation, in particular Part 2 of Article 80 of the Labor Code of Russia, obliges the employee to notify the head of the organization in advance of his desire to terminate cooperation. To do this, a resignation letter is drawn up, in which the employee must make a request to terminate the previously concluded contract. This must be done 2 weeks before the desired date of dismissal.

According to the law, the employee himself chooses how to send the application. This right was approved by Rostrud letter No. 1551-6. The best option would be to personally transfer the document to the HR department, since this method guarantees full compliance with the dismissal deadlines. However, there are situations when a citizen cannot be personally present at the organization to submit an application, for example, because he is on vacation, on sick leave or for other valid reasons. In such situations, the employee can submit an application remotely.

The question immediately arises: is it possible to send an application by e-mail? At the legislative level, it was established that an application sent electronically has equal legal force with a document submitted on paper. This right is provided for by Federal Law No. 63. The main requirement is the presence of a digital signature certified by a notary.

It is important to know! If the employee initially made a statement in writing and certified it with his signature, and then scanned it and sent it by email, then in such a situation the dismissal will be unlawful. In order for termination of cooperation to be completely legal, the employee must provide the manager with the original application as soon as possible.

What letter to send

Labor legislation has not defined a way to notify the employer of the desire to terminate the employment relationship. One option is to mail a written resignation letter to your employer with a handwritten signature. Dismissal by mail can be done in the following ways:

Write the notification text by hand and send it by mail.
Write a notification by email, verifying it with an electronic digital signature.

Employer's actions

What date is considered the day of dismissal - usually it is considered the last day of work after the expiration of a two-week period of work at the enterprise. Reception of correspondence is handled by human resources departments or authorized persons. The employer is obliged to accept the application and register it. Additionally, information about the employee can be specified - his position, passport details. Information can be obtained from the employee’s personal file, or by checking it by telephone with the author of the application.

The employee must work the required two weeks. You can give notice of dismissal more than 14 days. If it is impossible to work off, this should be indicated in the application in advance. The Labor Code of the Russian Federation provides for cases when termination of an employment contract is possible at an early date. If an employee joins the army, is sent for treatment, or enters training, then service is impossible for objective reasons. The employer is obliged to terminate the employment contract within the period specified in the application. In other cases, the employee will have to work the allotted time, which is paid according to the standards of the remuneration system. By agreement with the employer, the employment contract can be terminated earlier than 14 days, even without the employee having a valid reason.

Expert commentary

Kamensky Yuri

Lawyer

The employer has the right to inquire from the employee about the reasons for termination of the employment contract. It is possible to transfer an employee to another place of work or another position paid lower or at different rates. The employee has the right to provide the employee with additional written explanations. Official correspondence is allowed.

The employer has the right to request additional information from the employee: the reason for absence from work, filling out an application. Conflicts of interest are possible at the enterprise, as a result of which the employee may not appear at the workplace. Attempts to terminate an employment contract may be carried out as part of criminal prosecution. Regardless of the reason for dismissal, the employer must terminate the employment relationship with the employee. Similar rules are provided for civil servants, labor relations with whom are regulated by special laws.

After the expiration of the two-week period, the employer accepts an order to dismiss the employee. The document contains the following information:

name of the enterprise, its legal address;
information about the official authorized to make decisions on the dismissal of employees;
information about the employee, information about his position, date of hire;
wording providing for the dismissal of an employee - information about the termination of the employment relationship from a specific date must be indicated.

The statement indicates the reason for termination of the employment relationship. It is convenient to send an application by mail when an employee decides to leave of his own free will. Termination of an employment contract is possible by agreement of the parties. The employee must be provided with the guarantees specified in the Labor Code of the Russian Federation and the employment agreement. Regardless of the method of filing an application, the employee receives a salary in proportion to the amount of time worked or products manufactured (if payment is provided at piece rates). The employee must be familiarized with the dismissal order against signature.

The employee must also be provided with compensation for unused vacation. It is relied upon in a situation where an employee quits before the required paid leave. Compensation is paid along with the basic salary. Other payments may be provided as agreed by the employment contract or collective agreement. An employee has the right to count on compensation for a business trip, the use of personal vehicles, equipment, tools, if such types of compensation were specified in the employment contract.

On the last day of work, the employee receives wages, other required payments, as well as a work book. The amounts are transferred to the employee’s card or paid at the company’s cash desk. If an employee receives funds in cash, he must sign the statement. The work book can be issued to the employee in person or sent by mail to the specified address.

When does the countdown begin?

IMPORTANT!
The mandatory two weeks before the day of dismissal are counted not from the moment the application is written, but from the date the letter is received by the addressee.

In the case of personal delivery of an application to the company administration, the employee can know the date of its acceptance, but when sending a document by mail, it is almost impossible to predict the delivery time, as well as the likelihood and duration of the delay (you can try to calculate it from the delivery date on the notice that is returned to the sender). To avoid problems in this case, it is worth sending the notification in advance or, instead of the date, indicate “after 2 weeks from the date of receipt.” Thus, dismissal by mail will occur within the time limits established by law. The two-week norm can be ignored if the employee cannot continue to perform work duties for reasons beyond his control.

From what date should the terms of dismissal and service be calculated?

Part 1 of Article 80 of the Labor Code of the Russian Federation stipulates that an employee, when resigning, warns the employer at least two weeks in writing. In some cases, a different period is established. The two weeks begin to count the day after the employer receives the application. The day of receipt of such notification is the day of registration in incoming documents. The notification must begin to be processed on the day following registration. Before the end of the above period, the employee has the right at any time to abandon his intentions and withdraw the application. However, he cannot be fired. An exception is the case when another person is invited in writing to replace the person resigning, to whom labor legislation prohibits refusing employment. Upon expiration of the notice period, the employee has the right to stop working.

The specific day of dismissal is determined individually. If it is not indicated in the application, termination of the employment contract occurs 14 days after the employer receives the application, even if the document was sent a month ago. The notice period protects the rights of both the employer and the employee. It allows the employee to revoke the document. If the petition indicates the desired date of dismissal and:

the notice was received earlier than two weeks before the date specified in it - the subordinate must be dismissed on the day designated by him. A subordinate has the right to inform about his departure for a period longer than 2 weeks. During the period from the date of receipt of the document to the date indicated in it, he may refuse the request for dismissal;
the notification was received after two weeks from the specified date - the subordinate should not be dismissed on the day specified in the notification: the implementation of this procedure retroactively is not permitted by the Labor Code of the Russian Federation. You do not have the opportunity to part with your subordinate on the day on which you receive the application. This date is not the day of dismissal agreed upon by the employer and employee.