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Published: June 28, 2016
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The labor rights of an employee are protected by law more thoroughly than those of an employer, so a subordinate has the right to quit his job at any time and for any reason.
Moreover, even submitting an application and other documents in person is also not mandatory - all this can be done without visiting the place of work, that is, remotely . Read more about the remote dismissal procedure and the nuances of its implementation later in the article.
- Situations when remote dismissal is possible Dismissal factors Territorial
- Temporal
- Personal
Situations when remote dismissal is possible
The procedure for dismissal at the initiative of an employee is established by labor legislation, namely Art. 80 Labor Code of the Russian Federation.
This article states that a subordinate can terminate relations with the employer in this way under the following conditions:
- written notification of this (by drawing up an application);
- compliance with the established two-week notice period for dismissal.
However, in some cases the period may be less than two weeks. Therefore, the only important condition is to warn management about the upcoming termination of the employment contract.
At the same time, there are no requirements for the employee to submit an application in person - this can be done in another way, that is, remotely.
Factors of dismissal
The need for this method of dismissal may arise under the influence of various factors, for example:
Territorial
As you know, an employee can resign at any time convenient for him, be it vacation or sick leave. If, during vacation or illness, he is far from the employer’s location (in another city, region) without the opportunity to quickly come, remote dismissal will be the only possible option for him.
Temporal
Obviously, the remote method is much simpler and faster in time - just write an application and send it by mail. There is no need to go to the manager or visit the HR department. This is especially convenient if the employee has already found a new place and is undergoing training or internship there, which requires constant presence in the new place.
Personal
This situation is possible if the dismissal occurs for personal reasons - for example, in the event of a conflict with management or colleagues.
By submitting an application remotely, the employee will be deprived of the need to once again visit his previous workplace. The employee has the right to send an application by mail in any case, regardless of whether he has serious grounds. The only requirement is compliance with the established dismissal procedure.
Procedure
The procedure for remote termination of an employment contract begins with the employee drawing up a corresponding application. It is drawn up in free form, but in accordance with the general requirements:
- indication of the name and position of the employee;
- drawing up a document addressed to the head of the enterprise;
- existence of grounds for termination of the employment relationship (that is, one’s own desire);
- indication of the date and signature of the employee.
To prevent possible problems, the employee is recommended to have his signature on the document certified by a notary. As for the dismissal date, the subordinate himself decides whether to set it or not. If the application does not indicate a date, then the employer has the right to dismiss him 14 days after the application was received by the addressee.
If a date is indicated, it is desirable that the two-week work period established by law be observed.
However, in the event of an urgent departure of an employee or members of his family, dismissal is possible without observing this deadline. Also in the application it is worth indicating that the employee agrees to send his work book and other documents by mail. This will allow the employer to fulfill its obligation to issue documents to the employee remotely.
After writing the application, the employee must send it by registered mail with return receipt requested to the employer’s legal address. If the latter agrees to dismissal within the period specified in the document, then he must issue an appropriate order and prepare the following documents:
- work book;
- employee's personal card.
Each of these documents contains a record of dismissal and the legislative basis for it, that is, Art. 80 Labor Code of the Russian Federation. On the last working day, the work book must be sent to the employee by registered mail with a list of attachments. After this, the dismissal procedure is considered completed.
It is worth considering that when dismissing remotely, the employee has the same right as in general cases to withdraw his application. He can also do this either in person or by sending a letter or telegram, within the prescribed two-week period.
Have you ever quit your job remotely?
Yes, it happened No, it didn’t happen This is the first time I’ve heard about this method of dismissal I’ve never quit before
Some nuances
The most significant and main problem in this case may be doubt about the veracity of the resignation letter sent.
This letter can be forged, which is why it must be notarized. It is necessary to use the work of a notary, because the absence of his confirmation can significantly slow down the process. Certain problems may also arise. Such nuances often arise when the main rules of the remote dismissal procedure are not followed. Very often, problems in judicial practice appear after an enterprise’s initiative to fire an employee. From that moment on, the employee's rights are not respected. Not many people know how to quit their job remotely without working off.
Based on the law, an employee who was fired for one reason or another has a month to resolve the issue of wrongful dismissal. If this issue is resolved in court, then it will not be possible to resolve it remotely and you will have to be present in person. In general, the process is simple, the main thing is to be careful.
Procedure for paying compensation to an employee
In addition to issuing a work book to a subordinate, the employer’s responsibility is also to carry out all monetary settlements with him.
These include payment of wages for the period worked and compensation for the remaining days of vacation. The specifics of final settlements depend on which payment method is used at a particular enterprise. If this is a non-cash payment, then the funds are transferred to the subordinate’s open account in the usual manner. If funds are paid in cash, then the employee must indicate the account number for transferring money in his application or in a separate document and give his consent to this.
Pros, cons and possible problems
It is best to use the remote method of terminating an employment relationship only in cases of extreme necessity, when there is no possibility of visiting the employer in person. This is due to the fact that it has certain disadvantages:
- the risk of illegal dismissal (when the application is made by the employer or a third party);
- possible difficulties in the work of mail;
- the likelihood of losing the application;
- long term (the start date of the procedure depends on exactly when the letter will be delivered to the manager).
For the employer, the main risk may be the inability to verify the authenticity of the employee's signature. If it turns out that it was falsified, the dismissal will be considered illegal, and the employee will need to be reinstated in his previous position.
To prevent such consequences, you must use one of the following options:
- check the employee’s signature on the application with other documents where it also appears;
- contact the employee (for example, by phone) and clarify whether he really sent the application;
- ask the employee to have his signature notarized.
The issue of verifying the authenticity of a signature is not regulated by law, so the employer must choose for himself exactly how to do this. As for the advantages of the procedure, the main ones are:
- speed of dismissal;
- convenience of the procedure;
- minimal time costs;
- no need for a personal visit;
- the opportunity to start another job or study before leaving.
If the dismissal is personally agreed upon with the employer and there is no doubt about the authenticity of the application, then the parties should not have any problems. Otherwise, disputes have to be resolved in court.
Certificate of temporary disability of an employee - find out how to get it. Proper payroll calculation is very important. Find out about the important nuances of this process in our professional article.
If you were sent on a business trip over the weekend, then you need our material!
How to tell my boss that I'm quitting
There are various life situations that prompt us to leave our current place of work.
This may be due to another job being offered to you or other circumstances. One way or another, the boss will have to inform you about the termination of your work for him. But this process can be significantly mitigated if you follow fairly simple rules. First, understand that you should not completely say goodbye to everything that connects you with your work.
Even when you quit, you can leave a good impression on your former colleagues and boss, and maintain your connections in the context of professional interactions. Starting a conversation with your superiors about this topic should be done in private, without prying eyes.
When talking about the reasons for leaving, you should be as sincere as possible, telling your boss the real circumstances that influenced your desire to stop working in this place.
Perhaps you have been offered a new position in another company, or it is no longer possible for you to get to work on time due to a change of residence, or the work team is not satisfied with all this, you should openly admit it.
But at the end, mention that, despite some disadvantages, you are still sorry to leave the company, but you are glad to have gained experience working in this field.
Any boss will be able to understand you, but may offer you new, more tempting working conditions. This could be an increase in salary, a business trip, in general, anything that can keep you in place. It’s up to you to agree to new conditions or unwaveringly follow your goals.
How to leave your workplace if your boss is against it?
It is important to remember that the law is on your side. And you always have the opportunity to quit without even receiving the employer’s signature on the application; just send him a letter with your application
And the date the manager receives this letter will become the starting point, since you have already warned your superiors. After two weeks, no matter how you look at it, the employer will be forced to hand over your work book and calculation, with the addition of compensation for your unused vacation.
Don't forget that if you change your mind and decide to stay in your current job, you can simply withdraw your application. There are always other ways to solve a problem, so don’t despair if you don’t immediately find your way.
