How to ask to be relieved of your position at your own request

Release does not mean dismissal

Courts, when considering claims on labor disputes and illegal dismissals, clearly recognize: in order for an employer to have the right to terminate an employment contract at the request of an employee, the application must contain a phrase that cannot be interpreted in two ways. The employee must clearly express his intention to leave the company. Such phrases include:

• fire;
• terminate the employment relationship;
• terminate the employment contract.

The desire to “get rid” of a position can only be interpreted as a refusal to perform certain job functions that are prescribed to the employee. And this cannot be interpreted as an expression of will to terminate the employment contract. In other words, the employee doesn’t want to work anymore, but doesn’t want to quit either. The phrases “release from office”, “consider me free”, “resign” are neutral expressions that cannot be recognized as grounds for dismissal.

In the Labor Code, performing work is a mandatory function of an employee holding a certain position on the staff of an enterprise. Without this, the existence of labor relations between employee and employer becomes impossible.

An exception may be a situation when an employee works part-time and wants to give up only one of his positions. That is, he asks to be relieved of part of the work, without demanding to be relieved of other responsibilities.

If there is only one position, it is not possible to fulfill the employee’s requirement stated in the application. The employer cannot provide the employee with complete freedom from duties without terminating the contract.

What to do if they don’t sign your resignation letter

If there are suspicions that your application will not be accepted and/or signed, then you can insure yourself as follows:

1. When submitting an application, ask the authorized person to personally mark its acceptance on your copy, with the number of incoming correspondence, the date of acceptance and signature.
2. When sending an application by mail, send it by registered mail with return receipt requested.

If an employee does everything correctly, but does not receive feedback from his superiors, then his absence from work at the time specified in the application is not considered absenteeism.

If you still have questions, you can find all the answers in the next video.

Responsiveness

To resolve the issue with an incorrect statement, the head of the company must discuss the statement with the author. A loyal employee will most likely explain the purpose for which he wrote such a document. Several development options are possible:

1. An employee wants to resign, but wrote an incorrect application out of ignorance. In this case, he should be asked to rewrite the document, providing a sample with the correct wording.
2. The employee has no intention of resigning. He simply wants to change his position and is waiting for proposals for a new appointment from the manager. That is, the employee, with his statement, expressed a request to be transferred to another job. Based on such an application, a transfer cannot be processed, since the name of the desired position is not stated in the text. And the transfer itself is not made at the initiative of the employee, but by agreement of both parties to the employment contract. There is only one result: the employee cannot be fired, and the issue of transfer is decided by each employer together with the author of the application. If an agreement is reached, the employee writes a new application, and the change in position is confirmed by signing an addendum to the contract by both parties.
3. A release from a position may camouflage the employee’s need to take time off or vacation: during this period he should not work, but the employment contract is not terminated. In this case, again, the employee needs to rewrite the application, accurately articulating his desire.

Official way to solve the problem

An employee is not always loyal to the company or its manager. The controversial text of the statement may be the result of a conflict, after which the employee decided to “annoy” his superiors. And in this situation, a verbal request will not be enough.

Then the employer needs to prepare and send a written response to the author of the document. It should contain the following information:

1. A message explaining that, from the point of view of labor law, the statement is not considered a basis for taking any legal action. Freedom from a position can be granted only by severing the employment relationship or transferring to another appointment.
2. A reminder that the employee is obliged to fulfill his duties as provided for in the contract and job description. Failure to perform (refusal to perform work) by an employee is a disciplinary violation. The Labor Code contains detailed information about the measures that an employer has the right to apply to an employee who has committed misconduct, including dismissal.

If the author of the document wants to leave the ranks of the company, then he needs to resubmit the application, the text of which must be formulated correctly: “dismiss” and not “release from his position.”

When dismissal occurs by agreement of the parties, an application is not submitted, but the employee and the employer need to draw up an agreement to the employment contract, the text of which must clearly state the consent of both parties to terminate the contract.

Specific exception cases

The described procedure for receiving an application requesting “release” is not valid in all cases. For example, if such an application is submitted by a civil servant, then it is interpreted unambiguously and the employee is fired. The wording “release from position” is used in regulations, and the procedure for terminating a contract with a civil servant is described in Art. 33 Federal Law-79 dated July 27, 2004

Another exceptional situation is removal from a position due to health conditions, especially when it comes to harmful work. An employee may apply to be excused from work due to ill health. But if he does not have a medical certificate, then the employer can temporarily suspend him from performing work contraindicated for health reasons by sending him to a medical organization for examination. After the conclusion is received, the employee is transferred to another job.

Good afternoon. I have been working at school as a head teacher for 3 years now. In the fall of 2015, there was a verbal agreement with the director that at the end of the school year (June 2016). I am resigning from my position as head teacher. The director doesn't want to fire me. The last resort is to leave school completely, but you don’t want to be left without a job either. How can I correctly write a letter of resignation from the position of head teacher, but remain a teacher?

Well, if you are registered under TD only as a head teacher, then you will have to resign:

https://taktaktak.org/document/13747 How to properly resign of your own free will

And then submit documents - an application to accept you as a teacher. An application for admission as a document is not established by the Labor Code of the Russian Federation, but in this case, you will need to submit an application for employment as a teacher.

And the main thing here is that the employer has vacant teacher positions where they can place you.

You can, if you are afraid that you will not be hired later, before submitting your resignation, sign an employment contract, and the TD is the main document in labor relations, Articles 16, 56, 57, 67 of the Labor Code of the Russian Federation, and so, sign the TD for the position of a doctor , discuss the hiring date so that it is the next date after the dismissal date.

If I write an application for leave with subsequent dismissal or an application for resignation, I work for 2 weeks - I am required to pay compensation for unused vacation

Maria, leave followed by dismissal is the employer’s right, not an obligation; he can refuse such leave.

If you want, then take a vacation, and during the vacation write a letter of resignation taking into account the requirements of Article 80 of the Labor Code of the Russian Federation:

As a general rule, an employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by the Labor Code of the Russian Federation or another federal law (Article 80 of the Labor Code of the Russian Federation).

The specified period begins the next day after the employer receives the employee’s resignation letter.

If you are not currently entitled to leave according to the vacation schedule, then write a letter of resignation of your own free will, again taking into account Article 80 of the Labor Code of the Russian Federation, as you write - work for two weeks, but the specified period begins the next day after the employer receives the employee’s application about dismissal.

Upon dismissal, you will definitely be paid compensation for unused vacation, Article 127 of the Labor Code of the Russian Federation:

https://taktaktak.org/blog/posts/2014/08/12444/ We learn to correctly calculate compensation for unused vacation and check the employer

https://taktaktak.org/blog/posts/2014/08/12470/ For what period of work is monetary compensation paid for unused vacation upon dismissal?

But I can’t write an application to transfer me from such and such a position to such and such a position, which I held until the position of head teacher?

Listen, I’m the one who’s blunted something, of course, you can arrange a translation. Even better, to arrange a transfer to another position:

1. Application for transfer from position to such and such position;

2. Additional agreement to the TD, take the second copy in hand;

3. Transfer order.

Otherwise, I offered you some complicated option, which in your situation is not needed at all, why would you quit your position as head teacher if you can simply transfer to another position.

How can I correctly and competently write an application for transfer? The fact is that my director does not want to let me go from the position of head teacher. And I no longer have the strength. Which stations? TC should I refer?

Some articles of the Labor Code of the Russian Federation do not work here, because transfer to another position is by agreement of the parties, Article 72, 72.1 of the Labor Code of the Russian Federation. Either the parties will agree or disagree; it is impossible to force either party in this case.

And the text is written like this: “Please transfer from position to position.”

Viktoriya Kochetkova, expert

June 22, 2021, 11:57 pm, 3 years ago 5

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If the employee nevertheless decides to terminate his employment relationship with the organization, then there are two possible options for further developments. 1. Termination of an employment contract on the initiative of the employee (at his own request) (clause 3 of part one of Article 77 of the Labor Code of the Russian Federation). According to Art. 80 of the Labor Code of the Russian Federation, an employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by the Labor Code of the Russian Federation or other federal law. By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal. Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time.

The basics of writing a resignation letter: the main types of applications for the company owner

There are only 4 types of statements. If you have written any statements at least once, you will easily understand them.

They are all prepared according to a template, but there are still nuances.

Each type of treatment has its own subtleties. They relate to the time of submission, issues related to work, as well as some other circumstances.

Before writing, decide what kind of document suits you best, clarify the reasons:

• Leaving work at your own request.
• Resignation from your position, indicating the reasons that will relieve you of your obligations to work (situations that allow this are indicated in the Labor Code). If you cannot work the allotted time, try to resolve this issue with the company management. Typically, such issues are easily regulated by mutual agreements.
• An application for dismissal by agreement of the parties is another popular form. Mutual agreements work best here. Decide in advance whether you need to submit your application within the required 14 days. In some cases, you will be able to leave work when it is convenient for you.
• Transfer to another job. In such cases, the employment contract is terminated without being tied to time. This type of application is not regulated by the labor code. The best option is to resolve everything with the head of the company, since there is no information in the law about such cases.

14 days is the official period within which you must notify the company management of your intentions to terminate cooperation. This is required by the Labor Code in cases where the employment contract does not have a validity period. And if your contract provides for validity periods, then you can do this 3 days before leaving (1 part 296 of Article of the Labor Code).

Also, a person undergoing an internship or working on a probationary period can also report his dismissal 3 days in advance. In this case, the maximum period for submitting an application is 1 month for company managers.

If the departure of employees is associated with the reorganization of the enterprise, staff reduction or re-profiling, then the employees do not write statements at all. In such cases, the employer carries out all formalities related to the preparation of documents himself, including drawing up orders and notifying employees and authorized bodies. In this case, employees who are expected to be fired are notified no later than 2 months in advance.

How to write a letter of resignation from a position?

Cancellation of an agreement regarding the period and grounds for dismissal is possible only with mutual consent of the employer and employee. Upon dismissal by agreement of the parties, a separate written document must be drawn up, signed by the employee and the employer, in which their simultaneous mutual consent to terminate the employment contract must be expressed. The agreement is drawn up arbitrarily; any conditions may be included in it. The answer was prepared by: Expert of the Legal Consulting Service GARANT, Member of the Federation of Tax Consultants Danilova Natalya Answer checked by: Reviewer of the Legal Consulting Service GARANT Kikinskaya Anna October 29, 2008

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.

Application for dismissal from position sample

Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with the Labor Code of the Russian Federation and other federal laws, cannot be denied an employment contract (see, for example, part four of Article 64 of the Labor Code of the Russian Federation) . If, after the expiration of the notice period, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract is considered to be continued. 2.

Termination of an employment contract by agreement of the parties (clause 1 of part one of Article 77 of the Labor Code of the Russian Federation). By agreement of the parties, the employee can quit without two weeks of work.

In accordance with Art. 78 of the Labor Code of the Russian Federation, as well as paragraph 20 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2, upon reaching an agreement between the employee and the employer, the employment contract can be terminated at any time within the period determined by the parties.

Possibility 1: mutual consent of the parties, the desire of the employee

Suitable for situation:

the employer is not satisfied with the result of the employee’s work, while the latter understands the current situation and agrees to move to a less responsible position, one of a lower rank than the one occupied.

How to use:

having previously received an application for transfer from the employee, enter into an additional agreement to the employment contract and issue a corresponding order for the transfer.

Compliance with Law:

complies with legal requirements.

Risk of dispute:

there is a risk that the employee may challenge the transfer, either citing coercion on the part of the employer, or changing his position on this issue. However, in this case the position of the judiciary is interesting.

One of the reasons for changing an employment contract is transfer to another job.

One of the reasons for changing an employment contract is transfer to another job. Promotion and demotion refer to transfers that require the employee's consent. Transfer to another job, according to current labor legislation, is clearly permitted only with the written consent of the employee. This is a general rule, from which the legislator establishes exceptions for cases provided for in Parts 2 and 3 of Art. 72.2 Labor Code of the Russian Federation. According to paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, in accordance with Art. 60 and 72.1 of the Labor Code of the Russian Federation, the employer does not have the right to require the employee to perform work not stipulated by the employment contract, except in cases provided for by the Labor Code of the Russian Federation and other federal laws, and also to transfer the employee to another job (permanent or temporary) without his written consent, except in cases , provided for in Parts 2 and 3 of Art. 72.2 Labor Code of the Russian Federation.

A transfer based on an application received from an employee complies with the procedure established by law. The fact that wages decreased significantly after the transfer cannot serve as an unconditional basis for declaring the transfer illegal, since this circumstance in itself does not indicate the forced nature of writing an application for transfer. And even the fact that the employee performed his duties improperly, and the manager was dissatisfied with such an employee and offered to take a less responsible position, does not indicate that the employee wrote the transfer application under pressure.

On practice.

The employee filed a lawsuit challenging her transfer from the position of deputy head of the bureau for economic affairs to the position of an ordinary senior economist. In justification, she indicated that she first wrote, under pressure from the employer, an application for transfer to a lower position, and then withdrew this application. However, the employer still transferred her to another position, as a result of which she lost not only her official status, but also now began to earn less due to the difference in salaries. She asked that her translation be declared illegal. The court refused to satisfy her demands, recognizing the downward transfer as fully consistent with the law. Based on the data presented, the court found that the manager agreed to the transfer after receiving the plaintiff’s application - but after two weeks of work, taking into account the need to select a new candidate for this position. The company issued an order to transfer the plaintiff to the position of accounting economist, which she was familiarized with, but refused to sign, which was not disputed by anyone. The plaintiff’s argument that she &date> filed an application to withdraw her application for transfer cannot serve as a basis for declaring such a transfer illegal by analogy with Art. 80 Labor Code of the Russian Federation, because the transfer order was issued before receiving an application from her to withdraw the transfer application. The court found the argument that the plaintiff could not previously file an application for revocation because she was undergoing treatment to be unfounded, since a significant period of time had passed from the moment the application for transfer was written until the temporary loss of ability to work. The court came to the conclusion that the plaintiff’s writing of an application for transfer to a lower position due to unsatisfactory performance as deputy head of the bureau for economic affairs and refusal to perform her duties cannot be regarded as pressure from the employer and as a lack of voluntary expression of the employee’s will. Based on the above, the court recognized the downward transfer as legal (decision of the Levoberezhny District Court of the Lipetsk Region).

Application for dismissal from position

An agreement to change the terms of an employment contract determined by the parties is concluded in writing.” Quote: elenaprokofieva from 08 February 2012, 10:25:36 If an employer fires such an employee, wouldn’t this be a violation? To avoid a violation, it is necessary to find out from the employee what he wanted to tell the employer with such an incomprehensible statement.

If he wants to resign, then let him write a corresponding letter of resignation. If his application is dictated by other rights provided for by labor legislation, then let him indicate in his application the corresponding grounds prescribed in specific articles of the Labor Code.

For example, if an employee needs to be transferred to another job in accordance with a medical report, then this is regulated by Article 73 of the Labor Code. But no one is obliged to simply “release him from his position.”

Dismissal after sick leave at your own request

Here you need to be careful: exactly at your own request. The company does not have the right to fire any of its hired personnel if the person is currently on sick leave. But the employee himself is not prohibited from doing this while undergoing treatment.

Sometimes, sick leave coincides with the dates indicated in the documents submitted by the employee for dismissal the day before. The solution is simple - the date of dismissal will be the date indicated by the employee in the application (if he has not withdrawn it).

Application for dismissal from the position of director

Zvezdny Boulevard, 21 BLM-Consort (Consulting Group) Moscow, Zvezdny Boulevard, 21, office 212-214 st. Central, 1, bldg. 3, apt. 123 Alexey Maksimov 654321, Moscow, Dorozhny Prospekt, no.8 Dear Sir/Madam! Maksimov Alexey signature 2 letters of recommendation. On the left there are options for resignation letters.

Choose the one that suits you. Good luck in your new job! Reproduction of materials on the Internet is permitted with the obligatory indication of a direct link to the Moscow FAQ. This is the prerogative of medical professionals who must issue an appropriate conclusion. IMPORTANT INFORMATION! The employer has no right to make any personnel decisions without a medical report from the KEK or MSEC.

Any dismissal without such a conclusion related to health conditions is considered illegal.

Application for voluntary dismissal from a position

Regarding the transfer: the employee wrote a letter of resignation from his position with subsequent transfer to the position of teacher. To determine whether this is considered a letter of resignation or an application for transfer, it is necessary to decide whether he had a part-time job before or a part-time job.” “teaching hours” Did he work during his working hours stipulated by his employment contract, or outside of it (optional)? I understood correctly: dismissal from the main position cancels the additional position. Agreement for part-time teaching? It is not additional. if an employee quits - yeah. And the translation too? No. But there is no magic in the world, baby. There is only sensitivity, kindness and sensitivity, and also the ability to see through (c). #4 IP/Host: 87.117.11. Registration date: November 28, 2016 Messages: 12 Re: dismissal from current position + combination The employee has the position of manager. library.

What should an employer do?

In Part 4 of Art. 80 indicates what it means that withdrawal of an application is possible - this is the employee’s ability to withdraw an application to leave work at any time before the end of the warning period.

If the employer has not yet formalized the termination of the employment relationship with the employee, then his actions are simple - cancel the initial request: stamp “Canceled” or write it by hand.

If everything is formalized, then the procedure is as follows:

1. Cancel the order to terminate the employment relationship with a new order. There is no standardized form for such an order; compose it in free form on the organization’s letterhead. The basis for the order is the withdrawal of the application to leave work.
2. Cancel an entry in the work book. The entry is not crossed out. In the next line they write: “Record No. __ is invalid.” The basis is an order to cancel the order to terminate the employment relationship (clause 30 of the rules from the RF PP No. 225 of 04/16/2003, clause 1.2 of the instructions from the Ministry of Labor Resolution No. 69 of 10/10/2003).
3. Correct your personal card - section “Grounds for termination of an employment contract.” The entry on termination is crossed out with one line and written “Corrected believe” (instructions for filling out a personal card from Goskomstat Resolution No. 1 of 01/05/2004). The signature of the responsible employee is required. In the “Additional information” section, enter information about the basis for such a decision - the employee has withdrawn the application to leave work, the employer has issued an order.
4. Recalculate payments and compensations and offset the overpaid money against your next salary. Offset is possible only with the written consent of the employee (Article 137 of the Labor Code of the Russian Federation, letter of Rostrud No. 3044-6-0 dated 08/09/2007).

If an employee changes his mind about quitting after a vacation

But what to do if an employee withdraws his resignation letter after a vacation - refer to Art. 127 of the Labor Code of the Russian Federation and inform that it is no longer possible to withdraw the application.

The employee submits a request for leave with subsequent dismissal at his own request (Part 2 of Article 127 of the Labor Code of the Russian Federation). The day of termination of employment is the last day of vacation. He has the right to withdraw the request only before the start of the vacation (Part 4 of Article 127 of the Labor Code of the Russian Federation). An employee’s ability to cancel leaving work after a vacation disappears on the first day of vacation (Constitutional Court ruling No. 131-О-О dated January 25, 2007, Rostrud letter No. 5277-6-1 dated December 24, 2007).

Application for release from position

Answer Sample of a personal statement Accounting to the Director of the company “Etalon” Akimov I.N. STATEMENT 12/17/99 I ask to be relieved of my position as chief accountant due to my transfer to another job. personal signature of P.I. Gromov Samples of cover letters. Sample 1. BLM-Consort129085, Moscow, Zvezdny Boulevard, building 21 Dear sirs! I became aware of your company thanks to regular information in the media. Perhaps, due to the expansion and development of your clients’ activities, they will be interested in my candidacy for the position of Sales Director. Over the past seven years, I have successfully worked in senior positions at Jackson Ltd., where I was able to significantly increase sales volumes in Russia (from 50 to 250 million dollars), and also participated in establishing the company’s image as a reliable and promising partner for a number of well-known Russian companies. enterprises.

Application to vacate a position

When an employee presents a medical report, on the basis of which the employee is recognized as completely disabled, the employer is obliged to terminate the employment relationship with him. This conclusion is confirmed in the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (hereinafter - Resolution of March 17, 2004) work available to the employer that is not contraindicated to the employee due to his condition. If an employee, who, in accordance with a medical certificate, needs a temporary transfer to another job for a period of up to four months, refuses the transfer or the employer does not have the corresponding job, then the employer is obliged suspend the employee from work for the entire period specified in the medical report while maintaining his position. How to write an application for dismissal from a position? moving to another job. I believe that I meet the specified requirements to participate in this program. In this regard, I am sending you my resume. This year I received my bachelor's degree. Studying at the Faculty of Sociology of Moscow State University allowed me to gain the necessary knowledge and skills in the field of marketing and public opinion management, which I can successfully apply when working in your company. In 2003, he completed a summer internship at. Working in the marketing department gave me the opportunity to thoroughly master the basic methods of marketing the company's products and identify development trends in the modern consumer market. I have good computer skills, speak and write English fluently, have completed a business English course, and have a valid driver's license.

An internship abroad confirmed my desire to work for a multinational company.

You can add a topic to your favorites list and subscribe to email notifications. Margarita at the school I hold the position of deputy director for education and management and part-time as a teacher of the Russian language.

I want to quit my main position, but remain a teacher. What do I need to do?

I want to draw the moderator's attention to this message because: A notification is being sent... Necta Russian Federation, Blagoveshchensk #2 November 9, 2012, 20:01 Do you have two employment contracts or one? An employment contract and an additional agreement to it or just two employment contracts agreement? What entry is in the work book? I want to draw the moderator's attention to this message because: A notification is being sent...

Release from office is formalized in accordance with the provisions of labor legislation. The law reflects situations when an employee is released from the position he held.

When a person is employed by a company, an employment agreement is concluded with him. Upon dismissal, the document is terminated. The corresponding entry is recorded in the work book.

What does it mean

Federal Law No. 79 “On the State Civil Service of the Russian Federation,” adopted in 2004, established the grounds for release.

These include:

1. Agreement between employee and organization.
2. Expiration of the contract.
3. The desire of the employee.
4. Initiative of the company's management.

The measure in question is applied if there are grounds specified in the laws. This is the failure to take any measures, the employee carrying out entrepreneurial activities, etc. For some categories of employees, exemption is applied subject to a corresponding decision of the head of state.

If we talk about the staff of an organization conducting business activities, it is assumed that the relationship with the employee will be terminated. The initiative comes from management. In fact, this action is similar to dismissal.

Art. 81 of the Labor Code of the Russian Federation grounds for dismissal

This norm contains a list of grounds for termination of employment relations.

• termination of the organization’s activities at the official level;
• reducing the number of employees at the enterprise;
• based on the results of the certification, a discrepancy was established with the person’s qualifications for the position he occupied;
• there is a change in the management of the enterprise and owners;
• repeated failure to fulfill the duties assigned to the person (it should be taken into account that he has previously received disciplinary sanctions and there are no valid reasons for such behavior);
• violation of duties of a gross nature;
• absenteeism without a valid reason;
• when an employee goes to work in a state of intoxication;
• a person commits an illegal act, expressed in embezzlement or theft of valuables from an organization;
• other reasons.

Intoxication can be of any kind. To terminate an employment relationship with a person, the organization must document the violations committed. When an employee appears intoxicated, a certificate must be issued. Based on the certificate, an order is issued reflecting the termination of the contract.

How to correctly formalize the dismissal of an employee

When exactly is an employee of the company obliged to inform management about the termination of the contract? 14 days is the shortest time in which you need to notify the employer. Although you can start the process whenever it is convenient for you. An employee can submit an application in any circumstances:

1. While at work and doing current affairs.
2. On holiday.
3. While working on a business trip.
4. While on sick leave.
5. If the employee is absent from work for another reason.

If you need to resign before the legally required 14 days, please report the circumstances in your application.

Sample application for release

You can be relieved of your position by:

• transfer to another place of work;
• dismissals.

In both cases, you need to fill out an application. Otherwise, there are no grounds for terminating the employment relationship. The reasons for making such a statement are varied. For example, health status.

It will not be possible to completely relieve an employee from performing the duties assigned to him without terminating the employment agreement. The only possible option is to transfer to another place of work in the same company.

The application must indicate the name of the organization where the person works and information about the manager. Employee data is subject to reflection. The request for dismissal from office is indicated, indicating the reasons. At the end of the document, the employee puts the date of preparation and his signature.

A sample application for the General Director can be downloaded below:

How to write the correct resignation letter in 2018

There are no statutory forms for this document as such. But you need to know some important features of drawing up this document.

1. The application form is simple written (printed or handwritten);
2. The employee’s intention to resign is stated;
3. Date of application;
4. Employee signature;
5. The document can be delivered in person by Russian Post. If you decide to send a letter, do not forget to indicate the date of dismissal, taking into account the delivery time of correspondence by Russian Post or transport company.

After the application is accepted, a dismissal order is drawn up. It has a model established by Russian legislation.

• Download the employee dismissal order

Sample order for dismissal from a position

To terminate an employment relationship with a specific employee or transfer him to another position, an order must be drawn up. Otherwise, the person may claim in court that the dismissal was illegal. The order reflects:

1. Information about the company and its code.
2. Name of the act.
3. Document Number.
4. Data of the employee who is being relieved of his position.
5. Day and grounds for termination of employment relations.
6. Information regarding the use of rest time.
7. Manual data and its description.

It is required to familiarize the employee with this document. This must be done with a signature. The signature must be decrypted. When the order is signed by the parties, the employee is given compensation payments for the rest time that was not used, earnings and other payments. All payments are made on the day of termination of the employment relationship.

Sample resignation letter: fill out the resignation document correctly

Sample resignation letter[sc:year ]

Let's look at an example of a resignation letter. To write a letter of resignation of your own free will, prepare an A4 sheet.

The upper right corner is a field for personal data: to whom the application is addressed in the dative case (“Petr Nikolaevich Ivanov, director of Trest No. 76 LLC”).

Next, we indicate from whom the application is being submitted: last name, first name and patronymic of the employee, position. The header of the application is ready.

Under it in the center you need to sign the text of the request: “application”. As a rule, the text is signed with a small letter. And then the main text template: “Please dismiss me (release me from my position) at my own request/other reason.” Do not forget to put the planned date of dismissal without the particle “from” (not from October 10, but simply October 10). Please note that on this you are not indicating the date of writing the application (it is written later), but the date of dismissal, which will occur in 2 weeks. Under the main part of the application, the date of its completion is written and signed.

It is important to correctly fill out an application for dismissal, choosing the appropriate type of document, and submit it for consideration on time, in accordance with the rules established by the Labor Code. Experts recommend that you always make a photocopy of such a document in order, if necessary, to demonstrate the correctness of its preparation or to confirm the specified date of leaving the position.

All rights and obligations of employees wishing to resign are clearly regulated by the Russian Labor Code. You have the right at any time, on your own initiative, to terminate your employment relationship with the company, receive monetary compensation or take time off if it is not used, receive your salary and all documents on time. Knowing your rights, you will be free to navigate in any situation and will be able to leave work on your own initiative in accordance with all legal requirements.

In every company, from time to time there are personnel changes and some employees decide to leave their jobs for one reason or another. How to resign of your own free will: step-by-step procedure. Let's also consider common conflicts when severing employment relationships. What to do if you are forced to resign?

Piece wages – good or bad. Let's try to understand the next topic.

Release of the General Director

There are several reasons for the dismissal of the CEO.

• end of contract;
• committing unlawful acts;
• the will of the employee;
• change of owner of the company.

Labor relations can be terminated at the initiative of the founders of the organization. This option is considered the simplest. The sequence of actions is reflected in labor legislation.

The dismissal process is carried out on a general basis. They are reflected in Article 77 of the Labor Code. In addition, the basis may be the termination of the company's activities due to insolvency. When dismissing, you must comply with the law.

The basis may be a decision made at a general meeting of founders. It depends on the form of ownership of the enterprise. When these persons have given their consent, the process continues in the standard sequence.

Appointment to office

The basis in question is often confused with the fact that an order is issued regarding the hiring of a person. Some authors say that the concept concerns labor relations with the management of the company or its representative office.

They cite civil legislation to substantiate their point of view. It reflects that the management of the branch or representative office must be appointed to the position by the organization. The basis is considered to be a power of attorney.

The norms of civil law do not reflect how labor relations are established between the organization and the director of the representative office. It only reflects that the management of the main company controls the activities of this manager. There are several ways to obtain a position. Including:

1. Conducting a competition.
2. Elections.
3. Other procedures established in a particular society.

In labor legislation, this procedure is covered by Articles 16 and 19. It is understood as a process that is regulated by laws and acts of a local nature. The legislator says that the concepts of appointment to a position and confirmation in a position are similar.

The law reflects that some officials are vested with the authority to appoint other employees to positions. For example, the Prosecutor General is appointed by decision of several authorized bodies. The order is reflected in the laws. These are representatives of the Federation Council. They act on the basis of a proposal from the head of state.

Members of the Federation Council conduct a vote. If, based on the results, the proposed person does not receive a majority of votes, his candidacy is rejected. Then the head of the country selects a new candidate within a month and proposes it to the vote.

You can look at an example of appointing a person managing a unitary enterprise to a position. The legislator does not establish clear requirements for the procedure, but all actions related to the work activity of the specified employee are carried out by the owner of such an enterprise.

The process associated with appointment to a position and termination of labor relations with management is fixed at the level of local acts. As an example, acts of this kind are adopted in certain regions and at specific enterprises. In Moscow, a similar regulation was adopted in 2011 under No. 441-PP. It is adopted by the executive body of the subject.

Documents of this kind state that before a person is approved for a management-type position, a selection process is required. It can take place in several stages. The owner of the company will pay attention to the candidate’s experience in this field and education.

Removal from office is regulated by the legislator. These provisions are enshrined in the Labor Code. There may be several reasons for dismissing a person from his position.

An employee’s desire to move to another job or quit is subject to consideration on an equal basis with other grounds. The release process requires documentary support. This includes drawing up a statement and order.

About the dismissal of an employee due to loss of trust, see this story:

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>Removal from office

What are the reasons for dismissal without work?

If you have decided to leave your current position and do not want to work at the company for another two whole weeks, you must remember that there are some features of this procedure:

• Notify the head of the organization of your desire to leave his position by writing a statement no later than 14 days before the expected date of dismissal.
• After the deadline specified in the application expires, the employer has no right to force the employee to continue to perform his job duties.
• If the employee has legal grounds for this, he has the right to quit without the two weeks of work required by law.
• An employee has the opportunity to exercise his right to resign without compulsory service, for example, to go on sick leave or vacation.
• If an employee decides to quit without notifying his employer or without working the required period, the employer has all legal grounds to fire him for unjustified absenteeism.

Many of our readers are interested in the question, what documents are needed to carry out this procedure? Having made such a difficult decision for every person, it is necessary to notify the employer by submitting an application, which should indicate the date of future dismissal from the position.

At the same time, it is not necessary to indicate the reason why he wants to do this, unless this is particularly necessary.

After an employee is fired, he must be given the following documents:

• work book, with the recorded date and article under which the employee was dismissed
• copy of the order
• salary for the period of time when the employee performed his direct duties, as well as financial compensation for vacation that the employee did not take

Every person may have a situation when he simply needs to quit. There are two ways out of this situation: by agreement with the employer or if there are special reasons.

There could be many different reasons for this. Among the most common are the following:

• If the employee is enrolled in an educational institution. In this case, the form of education (correspondence or full-time) in this institution does not have any significant significance.
• Retirement of an employee. One of the mandatory conditions is that the employee indicate in the application that the reason for his dismissal is considered to be retirement.
• Availability of confirmation that the employer violated labor rights.
• Moving to another place of residence. In this case, the fact of relocation must be documented: a note in the passport and others.
• Transfer of one of the members of a married couple to a position in another city or town. This fact must also have documentary evidence.
• The need to change place of residence, which is caused by a deterioration in the general state of health and an unsuitable environmental or climatic situation.
• Deterioration of health due to unsuitable conditions at this production site. This fact must be attested.
• The need to care for a child until he reaches the age of 14 years or a disabled child. In this case, the presence of children of such categories must be indicated when applying for a position.
• If it is necessary to care for one of the family members who is a disabled person of the 2nd group (medical confirmation is required).
• When enrolling in this workplace on a competitive basis.
• If the employee is included in categories such as pensioner and disabled.
• If a woman is pregnant.
• The woman has a child under 14 years old.
• The family has three or more children who have not yet turned 16 years old or children who are students who have not yet turned 18 years old.

When writing a letter of resignation, you must indicate one of the previously listed reasons. In this case, the head of the enterprise has no legal grounds not to satisfy the employee’s request.

If an employer has violated any rights of an employee, he can file a claim in court. The reason for filing a claim may be the following:

• the right to terminate the employment contract was violated
• the employer does not issue all the documents required in this case
• no monetary compensation is paid for
• unused regular vacation
• the employer forces the employee to work for two weeks if he does not have legal grounds for doing so.

In this case, it is necessary to remember that there is a deadline for filing a claim, the duration of which is 3 months.

Expert opinion

Pershina Olga

Our website lawyer

In 2021, there were changes in the country's labor legislation regarding the statute of limitations when going to court. So, according to Art. 392 of the Labor Code of the Russian Federation: a) The period of 1 month is established when applying to the court on issues of dismissal. For example, if the dismissal occurred illegally and the employee intends to seek reinstatement or amendment to the work book regarding the reason for dismissal. The statute of limitations begins to run from the day the employee receives a copy of the dismissal order/work record book. If the employee refuses to receive the above documents, the claim period still begins to count from the date when the employee was asked to receive them.

b) A period of 3 months is established for going to court in individual
disputes between the management of the enterprise and the employee.
These include violation by the employer of the employee’s rights in terms of untimely provision of leave, imposition of additional responsibilities on the employee without his written consent, etc. This claim period begins from the day the employee learned/should have known about the violation. c) A period of 1 year is established when going to court regarding the collection of arrears of wages /other payments due. The limitation period in this case begins from the day when the employer violated the deadline for paying the employee material remuneration for work, vacation pay, sick leave payment, etc.

What is important is that employees are exempt from paying state taxes. fees when going to court, in accordance with Art. 393 Labor Code of the Russian Federation and 333.36 Tax Code of the Russian Federation.

What is dismissal from a position?

In accordance with the norms of stat. 33 of Law No. 79-FZ of July 27, 2004, the general grounds for releasing an employee from the position being filled include mutual agreement of the parties or termination of the period of validity of a fixed-term contract, or the initiative of the employer, or the initiative of the civil servant.

The same term is named in the stat. 13.1 of Law No. 273-FZ of December 25, 2008. It says that dismissal from office can be initiated by law if there are sufficient grounds. Regulatory reasons include an individual running a business, failure to provide mandatory income data, failure to take measures necessary to prevent conflicts, etc.

Additionally in stat. 27 of Law No. 342-FZ of November 30, 2011 talks about dismissal from a position in the internal affairs department. Such a procedure in relation to senior officials is carried out only by decision of the President of the Russian Federation.

If we talk about the personnel of commercial companies, dismissal from a position means termination of the employment relationship with an employee at the initiative of the employer’s administration. In fact, this is the dismissal of a specialist. Since, when leaving the organization of his own free will, the employee independently terminates the contract, dismissal from the position occurs only upon dismissal at the initiative of the employer.

Dismissal for violation of labor discipline

Possibility 3: Demotion as a result of penalty

Suitable for situations:

demotion of law enforcement officers, for whom the law calls demotion a disciplinary sanction. This is possible in relation to, for example:

• police officers (clause 3 of article 15 of the Federal Law of November 30, 2011 No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation”);
• employees of the prosecutor's office - a reduction in class rank and a warning about incomplete official compliance (Article 41.7 of the Federal Law of January 17, 1992 No. 2202-1 “On the Prosecutor's Office of the Russian Federation”);
• employees of the Investigative Committee of the Russian Federation - also a reduction in special rank and a warning about incomplete official compliance (Article 28 of the Federal Law of December 28, 2010 No. 403-FZ “On the Investigative Committee of the Russian Federation”).

How to use:

taking into account the norms of the Labor Code of the Russian Federation and the law specifically regulating the work of the above-mentioned employees.

Compliance with Law:

complies with the law only when applied to employees from the above-mentioned specific bodies. In relation to employees of ordinary organizations, demotion as a punishment is illegal.

Risk of dispute:

there is a risk that the employee will challenge the punishment applied to him in the form of demotion. The position of the court in these types of disputes is identical to the position in similar disputes with employees of any enterprise: if during the consideration of the case violations of the procedure for bringing an employee to disciplinary liability are established, the punishment cannot be considered lawful.

On practice.

An employee of the internal affairs bodies (hereinafter referred to as the Department of Internal Affairs) was reinstated at work by a court decision. The court found that the plaintiff was dismissed due to refusal to transfer to a lower position. A proposal in the form of a transfer order came from the employer after an internal audit established that the employee had improperly performed his duties. When considering the case, the court found that the employer violated the deadlines for bringing the plaintiff to disciplinary liability, as well as the procedure for conducting an internal inspection. The plaintiff was not notified of the fact that an inspection was being carried out against him, and an explanation for the violation of official duties was not taken from the employee. Taking into account these conclusions, the court found the disciplinary action against the plaintiff illegal and reinstated the police officer in his previous position (decision of the Oktyabrsky District Court of Arkhangelsk dated May 28, 2012 in case No. 2-1562/2012).

Part II. Some important questions related to demotion

How to dismiss from your position

The legislative grounds for termination of a labor agreement (employment contract) are detailed in the Labor Code of the Russian Federation. You can’t just fire someone like that. There must be good reasons for this. At the same time, you are allowed to change your place of work at any time - at your own request (two-week work is required) or by agreement (on the same day).

Regulatory grounds for termination of employment relationships at the initiative of the employing company (Article 81 of the Labor Code):

• Official liquidation of a business, including termination of the business activities of an individual entrepreneur.
• Reduction of the company's staff.
• When confirmed by the results of the certification, the revealed discrepancy between the employee’s qualifications and the position he occupies.
• Official change of owners of the enterprise, including management, deputies and chief accountants.
• In the absence of valid reasons and the presence of a disciplinary sanction, numerous failures by a specialist to fulfill his duties.
• A single gross violation by an employee of his duties.
• Absenteeism by an employee for the entire day or failure to appear at the place of employment for more than 4 consecutive hours and in the absence of valid reasons.
• The appearance of an employee in an organization under the influence of alcohol, toxic or drugs.
• Commitment by an employee of theft, embezzlement, damage to the employer's property.
• Other grounds according to stat. 81 TK.

To fire a specialist on legal grounds, the employer needs to have documentary evidence of his actions. For example, if an individual appears at work in a state of intoxication, a medical certificate will be required. In case of inconsistency with the position - the conclusion of a special commission, etc. Then the personnel officer issues an order, which is approved by the manager and brought to the attention of the dismissed employee.

Note! Personnel are dismissed in a special manner during the liquidation of a company. In this case, it is necessary to notify employees at least 2 months in advance. before the upcoming termination of the TD.

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Useful video

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What does the term “dismissal from office” mean? Is there any difference between this concept and dismissal of an employee? Strictly speaking, the first term is usually used in the event of termination of an employment contract with civil servants. When terminating employment relationships with other categories of employees, as a rule, this means dismissal at the initiative of the employer.