What does the correct resolution look like on a resignation letter - a sample executive visa

What kind of visa is this?

Having received and considered the employee’s application containing a request for dismissal, the company’s senior official must express his opinion regarding the termination of the employment agreement with the subordinate.

The manager expresses his attitude to the substance of the request set out in the document by affixing a resolution (visa) to it. The resolution may include:

• in a monosyllabic expression of consent to terminate official legal relations with an employee, in this case, the authorized person of the organization writes a resolution on the document received by him, for example, “I allow”, “I do not object” or, on the contrary, “I do not agree”;
• instructing divisions of the organization to perform certain actions related to the termination of employment relationships (for example, instructing the HR department to prepare and execute documents, instructing the accounting department to calculate payments due).

The resolution itself on the document containing the request for dismissal may be:

• permissive , subject to the consent of the senior official of the enterprise with the termination of the employment agreement;
• prohibitive if the manager does not agree with the termination of official legal relations;
• clarifying , if it is necessary to clarify any points, for example, the period of service preceding dismissal.

The resolution on the resignation letter may look like this:

Features of affixing a resolution on dismissal with service

When a subject expresses a desire to leave work, under standard conditions he must work for two weeks before the actual termination of the employment agreement. The manager must write down this information in the resolution affixed to the application.

However, there are a number of situations when a subject has the right not to work the established 14 days if he expresses a desire to leave work on his own initiative, in particular:

In practice, the resolution on a resignation letter looks like this:

Dismiss Dmitry Igorevich Stepanenko with two weeks of work on the requested date - 01/14/2019.

General Director of Nezabudka LLC

Grishaeva Polina Borisovna

Thus, the resolution is a necessary element of the resignation letter, which determines the legality of further actions in terms of removing a particular employee from his position. Employers are strongly advised to study the current practice regarding affixing resolutions to such documents in order to protect themselves in possible legal proceedings.

What does the manager write?

Issues related to the endorsement of documents, including those related to the termination of official legal relations, are regulated by Rosstandart Order No. 2004-st dated December 8, 2016, which put into effect GOST R 7.0.97-2016 “National Standard of the Russian Federation. System of standards on information, librarianship and publishing. Organizational and administrative documentation. Documentation requirements."

Gosstandart considers issues of affixing a permitting visa to documents, but applies to all resolutions of authorized officials of the enterprise.

According to the requirements contained in GOST R 7.0.97-2016, in the resolution on the application for termination of official legal relations, the responsible official must indicate:

• Full name, position of the person who is to carry out the instructions of the manager;
• the essence of the order;
• the period within which management's instructions must be executed;
• date and signature of the authorized person who signed the resolution (for example, a director).

When considering an application containing a request to terminate an employment agreement, the manager must affix a visa summarizing his attitude to the request contained in the document, including, for example:

• an order to implement the resolution to the HR department, accounting department or specific employees of these divisions of the company;
• the essence of the assignment is the preparation of documents related to dismissal, preparation of calculations;
• date of termination of the employment agreement;
• date of the resolution and signature of the head of the enterprise.

State standard GOST R 7.0.97-2016 allows you to affix a visa to the free field of the received document, on a special resolution form, by entering an order into the electronic document management system.

How to endorse a document?

Having read the document containing the employee’s request to terminate the employment contract, the authorized official of the enterprise must endorse it, that is, put down a resolution corresponding to the decision he made:

• fully satisfy the employee’s request;
• clarify the conditions for termination of official legal relations;
• refuse the request.

By putting a mark on the document indicating refusal to satisfy it, the manager is obliged to justify the decision made.

Refusal without explanation is possible only if the employee made gross errors in dates, personal data of the addressee when writing a petition for termination of official legal relations, or if the rules for writing such documents were violated.

The document must be marked by hand in the upper right corner of the document by an authorized official of the enterprise.

Even if the endorsement itself is performed, for example, using a special stamp, the manager’s signature must be affixed by hand.

Read about what to do if the manager does not sign the resignation letter.

Circumstances in which a manager’s resolution is necessary on a resignation letter

A resolution is understood as a manager’s visa approving a subordinate’s decision to resign from his position. Currently, the Labor Code of the Russian Federation does not provide for regulation of the affixing of the resolution under consideration. However, in practice, document endorsement is a mandatory procedure that confirms the employer’s consent to the dismissal process.

This is important to know: What to do if you didn’t work officially, you were fired, you didn’t get paid

At the same time, a mark of consent is placed not only when the application for dismissal at one’s own request implies appropriate work, but also in circumstances where work is not necessary. Based on Art. 80 of the Labor Code of the Russian Federation, such a period should be a maximum of 2 weeks.

However, there are a number of situations when a visa is not issued. This occurs when an employee does not need to submit a letter of resignation, and removal from position is either due to an offense committed by the person, or occurs by agreement of the parties. In the second case, the grounds for dismissal are various reports, agreements or other similar papers.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

One of the most important aspects that managers often overlook is the availability of a signature transcript. In the event of legal proceedings, the court may make a claim regarding the absence of such a mark (or, in extreme cases, declare the resolution invalid).

What mark does the director put on the document?

The content of an authorized official's visa will differ slightly if an employee submits an application with a request to terminate the employment relationship with him or her with or without 2 weeks of work.

With a working period of 2 weeks

According to the general rule established in Article 80 of the Labor Code of the Russian Federation, an employee is obliged to submit to the employer a notice of termination of the employment contract at his own request 2 weeks before the desired date of dismissal. How to resign correctly and how many days in advance a resignation letter must be written and when it is submitted is described here.

Having received such a document, the responsible official must reflect this circumstance in the visa issued. The resolution on the application submitted, for example, to the personnel department, may look like this:

• Full name, position of the employee who will carry out the assignment;
• actions that he must perform (preparing an order, drawing up a work book, making calculations, etc.);
• date, signature and transcript of the signature of the head of the enterprise.

We recommend that you read the article on how to withdraw a resignation letter and what to do if you already have an order, as well as how to quit if you are an individual entrepreneur.

Without working off

In cases established by law, or with mutual consent of the parties, an employment contract with an employee may be terminated before the expiration of the two-week period provided for in Article 80 of the Labor Code of the Russian Federation.

Thus, preliminary work is not required if the need for dismissal is caused by the following reasons:

• employee retirement;
• admission to a higher or secondary educational institution as a full-time student;
• moving to another area;
• violations by the employer of labor legislation, as well as local acts of the company containing labor law standards.

In this case, the visa on the document containing the request to terminate the employment agreement will contain the following information:

• consent of the manager to terminate the employment relationship;
• date of dismissal;
• date, signature and transcript of the signature of the head of the enterprise.

Labor legislation provides employees with the right to terminate employment relationships at their own request. This right is exercised by submitting a resignation letter to the head of the enterprise, which must be necessarily endorsed by an authorized official.

There are no difficulties in affixing a resolution, and the visa itself varies depending on the decision made by the manager.

General information about drawing up a resignation letter

The most common reasons for dismissal, based on Art. 81 of the Labor Code of the Russian Federation are as follows:

• due to an offense committed by the subject, which entails liability under one of the articles of the Labor Code of the Russian Federation and implies subsequent dismissal;
• the person expresses an independent desire to leave work.

Thus, an employment agreement can be terminated at the initiative of the employer (if the subordinate is a persistent offender), at the initiative of the employee, by agreement, as well as for some other reasons given in Art. 81 Labor Code of the Russian Federation.

If there are grounds for an employee to submit a corresponding request to remove his official duties and the document is submitted to the administrative body, the manager must put a resolution on dismissal on the application.

Articles on the topic (click to view)

• What to do and where to go if you are not paid upon dismissal
• What to do if you are laid off at work
• What to do if the employer does not want to fire at his own request
• What to do if the date of the dismissal order is later than the date of dismissal
• What to do if the employer does not give the work book after dismissal
• 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?

Moreover, if a person resigns by personal will, then it is necessary to notify the employer, in accordance with the provisions of the law, 2 weeks before the planned departure, and the subject must work for the specified period (or take a vacation or go on sick leave, which is not prohibited).

The general requirements for drawing up an application include the following:

1. The paper can be provided to the manager in either handwritten or printed form. In this matter, the main requirement is the signature of the employee, as well as the date of generation of the document.
2. In the upper right corner is written general information about the addressee of the application and its originator. It is important to place the name of the company, full name and position of the manager, as well as the full name and position of the employee in the upper right corner, since in the left, in turn, the resolution of the head of the enterprise will be entered in the future.
3. In the middle of the sheet is the name of the document, in this case - “Application”.
4. This is followed by the main text. It is drawn up in free form, however, the applicant must use a business style of speech and show literacy when writing (since blots, errors or strikethroughs are not acceptable). In this section, it is important to indicate what caused the dismissal (for example, one’s own desire, which results in the need for two-week work). In addition, it is appropriate to indicate the actual date on which the subject wishes to be fired. If the employee does not indicate it, the manager must calculate it himself. In this case, it may not coincide with the applicant’s plans. Therefore, employed subjects are initially recommended to indicate all required information in the application.
5. At the end, the application is endorsed with the signature of the subject and the current date of formation of the paper.