Article 80. Termination of an employment contract at the initiative of the employee (at his own request)

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Published: 04/14/2016

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Unlike an employer, who can dismiss an employee on his own initiative only in cases established by law, an employee has the right to terminate an employment contract ahead of schedule at any time . This right is granted to an employee of the Labor Code of the Russian Federation, namely Art. 80 of this regulatory legal act.

The features of this procedure, as well as the rules for its implementation, are worth considering in more detail.

• Legal grounds for termination of the contract
• Conditions for termination of the contract
• Termination procedure Notification to employer
• Preparation of documents for dismissal
• Paying the employee and issuing him a work book

"Correct" article

Despite the basic basic principles of legal acts, namely “absolute clarity in wording,” misunderstandings very often arise.
Under what article should dismissal be made? Clause 3 art. 77 or art. 80 Labor Code of the Russian Federation? But in fact there is no problem in understanding here. One is considered procedural (how to legally change jobs correctly), and clause 3 of Art. 77 of the Labor Code of the Russian Federation – normative, i.e. indicates the fact itself.

Almost everyone knows that you need to work for 2 weeks before leaving the organization. Let us immediately clarify one very important nuance.

Dismissal (clause 3 of Article 77 of the Labor Code of the Russian Federation) does not provide for any work.

You just need to notify the employer no later than this period. Of course, during this period you will have to perform your functions at the enterprise. Hence the erroneous opinion. But let us clarify that compulsory work for half a month is optional.

You can go on sick leave or vacation, warning your employer about future dismissal. In this case, there can be no processing.

Dismissal under the Labor Code

The legal norms are correlated in such a way as to protect not only the performer of labor duties, but also the enterprise that provides the place and payment. The dismissal procedure has been developed in sufficient detail. Compliance with the prescribed procedure allows you to avoid problems, mutual claims, as well as eliminate violations and subsequent sanctions from authorized bodies (Prosecutor's Office, Labor Inspectorate).

Legislative regulation

Dismissal under the Labor Code of the Russian Federation is regulated by Chapters 13 (procedure for termination of the contract) and 27 (general points on guarantees, compensation, social protection of the rights and interests of employees). After the Constitution of the Russian Federation, which enshrines the fundamental rights of a citizen, the Labor Code of the Russian Federation is the next most important normative act regulating issues related to the dismissal of an employee.

Unfortunately, it is impossible to take into account and collect all the nuances of the procedure for terminating work contracts in one document. Controversial situations and difficulties often arise. Therefore, additional acts at the federal and local levels are applied. For example, in 2004, the Plenum of the Supreme Court approved Resolution No. 2 “On the application by courts of the Labor Code of the Russian Federation.”

To correctly fill out, record and store documents after leaving work, separate instructions have been developed:

• Resolution of the Ministry of Labor No. 225 of April 16, 2003. (regarding work records);
• GOST R 6.30-2003 (registration rules, recommended unified forms);
• Federal Law “On Employment of the Population of the Russian Federation” No. 1032-1 dated April 19, 1991. (regulates issues of mass dismissal);
• others.

Attention! The Russian Federation is part of the world economic community, therefore it is obliged to comply with the norms and requirements of international treaties, agreements, regulations, drawing up its own legislative acts on their basis (without contradictions). Including on the issue of dismissal of an employee.

Grounds for dismissal

A complete list of grounds suitable for terminating a contract is set out in Art. 77 Labor Code of the Russian Federation. These include the following:

• by agreement of the parties - the opportunity to reach any agreements not provided for by law (for example, dismissal without service, additional payments, etc.);
• at the initiative of the employee - permissible at any time, regardless of the urgency of the contract, the manager has no right to create obstacles (only work off - usually 14 days);
• at the will of the employer - the reasons are varied (liquidation, reorganization of the enterprise, bankruptcy, inadequacy of the position, drunkenness, systematic violation of internal regulations, refusal to move, disciplinary sanctions and others);
• due to circumstances that arose regardless of the will of the parties - the death of an employee, legal requirements, etc.

Attention! Termination of an employment contract at the initiative of the employer is not always possible. Some categories of citizens are protected from unauthorized dismissals and demotions (parents of large families, guardians of relatives with disabilities, single mothers, etc.). You can initiate termination of a contract only after careful preparation (collection of documents, acts of violations, reports).

Grounds not provided for by the Labor Code of the Russian Federation cannot be used as a reason for dismissal. Moreover, some wording can be specified a limited number of times.

Clause 3 art. 77 Labor Code of the Russian Federation: entry in the work book

The most common mistake is incorrect entry. Very often, clerks incorrectly indicate the article in the work book. After this, many former employees face a problem during new employment or when applying for a pension. Clerks put Fr.

But the legislation does not provide for the termination of obligations on the basis of this article. It is important to see the order to terminate the contract. If it is based on the same article, then legally the employee is not fired, because legal procedure was not followed.

Hence the problem for the former employee: he may not be hired for the new position. It is imperative to contact your former organization for correction. The document must contain the following entry: clause 3, part 1, art. 77 of the Labor Code of the Russian Federation (termination of an employment contract at the initiative of the employee).

But let's move on to another common mistake.

The procedure for terminating an employment contract at the initiative of an employee

Registration of contract termination does not present any difficulties. On the part of the hired employee, all that is required is a correctly drawn up application and monitoring of the employer’s compliance with the standards established by law.

Briefly, the stages of terminating TD are represented by the following steps:

1. Submitting an application to management for approval. The administration does not have the right to prohibit resigning, but can agree on the duration of work from the date of filing the application within 2 weeks.
2. During the working period, the person continues to perform work duties, and the company resolves personnel issues with replacement with a new employee.
3. On the last day of work, the employee receives the last settlement funds - salary for the last period and compensation for accumulated, but not vacation days.
4. Familiarization with the order and signature on familiarization.
5. Making the last entry in the work record and handing out the book with reference to Art. 77 TK.

Any deviation from the procedure is a violation of the law and entails liability. For example, in case of non-delivery, the employee has the right to file a claim in court demanding payment of compensation for each missed day.

Application form

The basis for starting the TD termination procedure is a written statement written personally by the employee. No oral agreement is sufficient grounds for termination of a contract.

The application is drawn up according to the approved sample and contains the following structure:

• information about the manager in whose name the application is being submitted;
• personal information about the resigning employee and his position;
• in the main part they express the desire to voluntarily terminate the employment relationship, indicating the last working day (taking into account the expected work);
• date and signature at the bottom of the document with a transcript of the signature.

The application is submitted to management for consideration, and after receiving an approval visa, an internal personnel order is prepared based on the document. (Form T-8)

Download the Application Form for termination of an employment contract at the initiative of the employee (28.0 KiB, 1,673 hits)

Order to terminate a contract with an employee. Form T-8 (41.5 KiB, 2,068 hits)

What do you get when you leave?

Upon leaving, an employee, upon his request, is given a package of papers confirming the fact of his labor activity for a certain period at a specific enterprise:

• a copy of the dismissal order;
• other internal orders, including transfers, promotions, bonuses;
• a certificate from the accounting department in form 2-NDFL and in the form of the enterprise, drawn up in accordance with order of the Ministry of Labor of the Russian Federation No. 182n;
• work book with the latest notice of dismissal.

When agreeing on the terms of termination of a trade agreement, the duration of the work and its necessity plays an important role. As a rule, the parties agree in advance on the need for testing, or refuse it by mutual agreement, based on the documentation in force at the enterprise and Labor Code standards.

Clause 3 Art. 77 Labor Code of the Russian Federation: entry into the labor record. Writing sample

Clerks and directors often face a similar problem. The article seems to be indicated accurately, but the entry is still invalid. The fact is that the wording is as follows: “P. 3 tbsp. 77, dismissal of one’s own free will.”

This is also important to know:
The dismissal procedure under the Labor Code

But according to the rules for filling out the entry must fully comply with the norms of the Labor Code of the Russian Federation.

Therefore, the writing sample will look like this: “Dismissed under clause 3 of Art. 77 of the Labor Code of the Russian Federation - termination of an employment contract at the initiative of the employee.”

The record is radically modified, although the underlying reason remains the same.

Preparing a resignation letter

Clause 3, Part 1, Article 77 of the Labor Code of the Russian Federation reflects all the features of voluntary dismissal. However, information about the application form is not provided here. The form of the document is also absent in other regulatory legal acts. Therefore, the employer has no right to reject the application due to non-compliance with the established form. However, the HR department usually has ready-made samples on the basis of which the employee must prepare his application.

Additionally, the form contains a list of mandatory information:

• Full name and position of the head of the company;
• the reason for termination of work - it is enough to indicate the presence of your own desire;
• reference to the norms of current legislation - Article 80 of the Labor Code of the Russian Federation;
• last day of work;
• Full name of the person terminating the employment contract;
• date, signature and its decoding.

Competent procedure for registering dismissal

Actions when an employee leaves on his own initiative are supported by Articles 80 and 77, paragraph 3, part 1 of the Labor Code of the Russian Federation. They indicate the reasons for ending the employment relationship, as well as additional features of such a procedure.

Leaving your job in 2021 in this way means getting rid of the long process of collecting the necessary documentation and preparing all the necessary certificates. In addition, this formulation allows a person to get a new job without any problems.

When performing the procedure, you should adhere to the following algorithm of actions:

• accepting an employee's application;
• waiting for the period specified in the document;
• execution of orders;
• preparation and issuance of papers;
• payments;
• labor registration.

If at least one point is not met, all actions will be considered a violation of the employee’s rights.

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The desire to leave is supported by a statement.

Important! Any employee can submit such an application fourteen days before leaving. This period is counted from the date following the day the document is submitted. It is drawn up in any form, contains the reasons for leaving and is addressed to the employer.

Terms of dismissal

According to the general rule of Article 80 of the Labor Code of the Russian Federation, an employee must notify the employer in writing about dismissal by submitting an application addressed to him 2 weeks before the expected resignation. This period begins to count the next day after registration of the petition. It is important that the application is registered, otherwise the work period may be delayed. Other rules for dismissing an employee at his own request:

• the two-week period can be canceled by written agreement between the employee and the employer;
• the law does not oblige the employee to be at work during these 2 weeks (you can go on vacation or sick leave);
• the general rule of two weeks of service has exceptions (for a probationary period - 3 days, and for a managerial position - 1 month).

The manager does not have the right to refuse an employee. If this happens, then the employee should know that this is a violation of the law by the employer. Then the application is drawn up in a standard form and sent by mail with acknowledgment of delivery. This way you will know that the employer has received the documents. After 2 weeks you can stop working in the organization. After this period, the employee must be given a work book and a paycheck. Otherwise, he has the right to contact the inspectorate that deals with such illegal situations and labor disputes.

Application for resignation

The first thing an employee must do is submit a resignation letter on his own initiative 2 weeks before leaving. The countdown for this period will begin the next day. The law does not define exact requirements, but it should indicate several important points:

1. Last name, first name, patronymic and position of the manager, name of the organization.
2. Last name, first name, patronymic of the applicant, i.e. the employee himself.
3. The text of the statement itself. Includes a request to dismiss from a position on a certain date (it is better to write, for example, “August 1, and not “from August 1”). If necessary, indicate the reason for termination of the contract.
4. At the end there is the date of submission of the application, signature and transcript.

This is also important to know:
The meaning of Article 33 of the Labor Code upon dismissal: official text, what has changed

Labor legislation allows you to withdraw your request. This is done in the same form as an application for dismissal at the initiative of the employee. The manager has the right to refuse:

• if the resigning employee’s place has already been replaced by another person who, by law, cannot be denied a job;
• if the employee went on vacation (he should have withdrawn the application before the start of the vacation).

Reasons for dismissal

According to the Labor Code of the Russian Federation, the following cases are considered valid reasons for preserving an employee’s length of service:

• reaching retirement age;
• the need to move;
• some diseases;
• beginning of studies at a higher or secondary specialized institution;
• caring for a sick family member;
• violation of the employment contract by the employer.

It is not necessary to indicate a reason unless it is the basis for any compensatory monetary payments or the cancellation of the period of compulsory service. In general, you should just write “I ask you to fire me of your own free will.” Additionally, you can indicate the reason - “in connection with retirement.” The formulations of other circumstances are drawn up in the same way.

Order of dismissal

If the application for resignation of one’s own free will does not have a clear sample, then the order on it is drawn up according to the T-8 form established by law. It is published in 2 copies, one of which remains in the accounting department for calculating material payments. An order for voluntary dismissal is issued with certain details, such as:

• code according to the All-Russian Classifier of Management Activities (OKUD) – 0301006;
• code according to the All-Russian Classifier of Enterprises and Organizations (OKPO) - it is different for each company;
• name of company;
• the text of the order itself;
• Date of preparation.

Working period

The standard working period is 2 weeks. It starts the day after the application is submitted. But this period is not always maintained. You may not work for 2 weeks if:

• the employer does not see the need for this;
• the employee has valid reasons - enrollment in full-time studies, urgent relocation, becoming a pensioner);
• the employer violated the employment contract;
• the employee is on sick leave.

Some tricks - how to avoid detention

In exceptional cases, no work is required:

1. Enrollment in higher education institutions upon provision of a training order.
2. When going on annual paid leave, if it is 2 weeks, subject to prior submission of a letter of resignation 14 days in advance (Article 127 of the Labor Code of the Russian Federation).
3. If the husband or wife is transferred to work abroad or to another region. It is necessary to confirm the circumstance with an order, then dismissal without service will be legal.
4. If the employer violates labor laws: regular non-payment of wages, lack of annual paid leave. All these facts must be recorded by the conclusion of the labor inspectorate, a court order or a response to a complaint to the prosecutor’s office.
5. The leave on sick leave coincided with the two-week work period before dismissal.

How to quit without working for 2 weeks: instructions

In order to receive dismissal without service, you must complete the following steps:

1. Submit an application for dismissal and attach to it documents justifying the need for urgent termination of the contract: medical report, notification of leave, sick leave, pension certificate, etc. Or, by agreement, along with the application, an agreement to the employment contract on termination of duties is drawn up.
2. The listed grounds for termination of a contract without working out are not listed in the law. Satisfaction of such a request is at the discretion of the company. However, if there are good reasons, if a specialist is denied dismissal, he has the right to file a claim in court, which in most cases is inclined to favor the employee’s position.
3. Wait until the day of dismissal. With sick leave and vacation - this is the next day after the end of their terms. For health reasons and in connection with transfer - the day after filing an application on the basis of Article 127 of the Labor Code of the Russian Federation.
4. The employer pays for vacation or sick leave in full, and the employee receives a payment.
5. On the last day of work, a work book, dismissal order and other necessary documents are issued.

This is also important to know:
Dismissal due to liquidation of an enterprise: payments, procedure, sample notice

Good to know: the calculation upon dismissal includes the amount for annual paid leave, bonuses and other payments due to the employee for the period of activity. Personnel cannot be deprived of these benefits due to urgent leaving of their workplace. All amounts are subject to personal income tax in accordance with the procedure adopted for tax accounting, and deductions are also made to the Pension Fund of the Russian Federation and the Social Insurance Fund of the Russian Federation. As can be seen from the content of Art. 80 of the Labor Code of the Russian Federation, there are quite a lot of circumstances that make it possible to complete work without working off. You may not go to your place of employment the next day after submitting your application if the employer violates the terms of the employment contract or the employee has valid reasons for urgent termination of obligations.

The main thing is to fill out the documents correctly: an application and, if agreed with the company, an agreement to terminate the employment contract without working off.

Watch the video in which a specialist explains the nuances of voluntary dismissal with and without work:

List of documents upon dismissal of one's own free will

The employee only needs to submit a letter of resignation. In response, he will be issued official documents from the following list:

• work book with an entry on the grounds for dismissal issued by the personnel department;
• certificate 2-NDFL, confirming the amount of income received and withheld personal income tax;
• certificate of payment of wages for the last 2 calendar years;
• information about payments and other remunerations, about the insurance experience of the insured employee.

Conditions for termination of the contract

One of the main conditions for termination of a contract by an employee is a warning to the employer. In this case, the following requirements must be met:

• written form of warning (this is done by writing a statement);
• compliance with established warning periods.

In general cases, these deadlines are at least two weeks, which means this can be done earlier.
The beginning of the period begins to be calculated on the day following the date of writing the application. For example, if an employee wants to resign on April 15, then he must write a statement no later than April 1. This deadline is set for several purposes:

1. provide the employer with the opportunity to find someone to replace the resigning employee;
2. give the employee the opportunity to change his mind and write a review of the dismissal of his own free will.

In the latter case, during the entire period before dismissal, the employee has the right to withdraw his application and, thus, keep his job.

The exception is situations when another person has already been invited to the company in writing, who cannot be refused due to legal requirements.

It is worth considering that the established two-week period for some categories of workers may differ. For example, it could be:

• Minimum three days. This period is given to warn an employee who is engaged in seasonal work or is on a probationary period at the company. The same applies to termination of an employment contract concluded for a maximum of 2 months.
• At least a month. Such a long period is established for the resigning head of the organization.

Special conditions are defined for those persons who work for an individual

entrepreneur or in religious organizations. In these cases, the terms are not regulated by law - they are established in the employment contract with a specific employee. In the presence of certain circumstances (retirement, relocation, violation of the law by the employer), non-compliance with the minimum terms is allowed - the employee determines them independently and indicates them in the application.

An employment contract can be terminated before the expiration of the established period if the employee and the manager agree on this voluntarily.

An employer cannot independently dismiss an employee ahead of schedule..

Termination of work by an employee ahead of time is also not allowed and is defined as a violation of labor discipline - in this case, he may be dismissed under another article.

Payments and compensations

The amounts of payments in 2021 are fixed by Article 140 of the Labor Code of the Russian Federation. It states that the employee must receive the funds due to him in an indisputable amount.

On the day of dismissal, the employee is entitled to the following payments:

• Salary from the date of its last payment.
• Compensation for allotted vacation days, regardless of the statute of limitations.
• If the contract stipulates severance pay, then it must also be compensated.

If an employee quits due to joining the army, then he is also entitled to a benefit, the amount of which is specified in Article 178 of the Labor Code of the Russian Federation.

Payment to the employee

Article 77, paragraph 3, prescribes a full settlement on the day the person completes his activities in the organization. At this moment, a work book is also provided. If the relevant procedure is violated, a person may consider his interests violated and demand compensation for all types of damage. For missing the deadline for providing funds, interest is charged. Additionally, there are penalties for late payment. They can be charged against the company itself and its management.

Video

An employee may qualify for the following payments:

• accrued but not provided wages;
• amounts due under a certificate of incapacity for work;
• compensation for unused vacation;
• funds provided for by law and internal regulations of the company.

Funds are provided on the last day of work. The only exception is payments for sick leave. By law, funds may be accrued not on the day of dismissal, but later. In such a situation, the amount is provided on the day of payment of wages or received after dismissal. The rule applies if the period between the provision of sick leave and the day of payment of wages exceeds 10 days.

Please note: By law, the employer is required to pay for sick leave that was provided by the employee within a month from the date of termination of official employment. The rule applies if a person has not managed to get a job in another organization.

If a person does not show up for work on the day of payment, payments are made the next day after the corresponding request is made. In this case, the work book can be sent by mail.

Video

How to resign of your own free will

It is important for an employee to know that he has the right to resign at his own request, and the employer cannot refuse to accept an application. It is important to do everything according to the instructions so that there are no disagreements. The procedure on how to resign correctly includes several stages:

1. Writing an application. An employee who decides to take such a step must submit an application to the director within a certain time frame, indicating, if necessary, the reason for his departure.
2. Issuance of an order. After registering the application (you must follow this, and it is better to make a copy for yourself), an order will be generated. It is drawn up in a standard unified form. The employee must familiarize himself with the order and put his signature on it.
3. Dismissal. The employer makes a corresponding entry in the work book, and the employee signs for it in his personal card. At the same stage, a full calculation is made based on Article 140 of the Labor Code of the Russian Federation.

Legal grounds for termination of the contract

Termination of an employment contract at the initiative of the employer is better known among citizens as voluntary dismissal. This is the most common reason for terminating an employment relationship, sometimes being used instead of other, more serious reasons.

Unlike previous requirements, current labor legislation does not require special grounds for early termination of an employment contract. Now the employee has the right to do this for any reason.

The most common grounds for dismissal are:

• retirement;
• enrollment in an educational organization;
• violation of labor laws by the employer;
• moving to another area (both the employee and his spouse);
• inability to continue working due to health reasons (for example, illness or disability);
• lack of career prospects;
• moving to another job, etc.

The right of early termination is granted to all employees without exception, regardless of whether the contract is fixed-term or indefinite.

An employee can submit an application at any time, even while on vacation or during temporary disability. When writing an application, he has the right to both indicate the reason for dismissal and remain silent about it.

Some grounds give him the right to be dismissed from work on a date chosen independently, so it is better to indicate such a reason. In other cases, mandatory work for a certain period will be required.

It is also worth considering that the employee’s filing of an application and termination of the contract is his legal right, which the employer cannot refuse to fulfill. Submitting an application is of a notification nature, not a permitting one. That is, the employee does not ask whether he can be fired, but simply notifies the manager about this.

Therefore, the employer cannot refuse to accept the application and terminate the contract. Subject to written and advance warning from the subordinate, he is obliged to do this, otherwise he risks violating labor laws.

They don't sign the application. What to do

It’s a fairly common practice when a person wants to change a company for one reason or another, but they start putting spokes in his wheels: “there’s no director in place,” “let’s do it, I’ll sign it later,” etc. And after a while they refuse with the wording “there is no one to work”, “I do not consent to your dismissal”. Some are so dishonest that you can hear the answer “I didn’t see your application” and so on.

This is also important to know:
Dismissal of the director of an LLC at his own request: registration

To avoid these or other problems, it is enough to follow one of two scenarios:

1. Write a written application and register it with the secretary or other authorized person.
2. Send a registered letter.

The first option will be faster, because... the two-week period will begin the day after registration. The employer will not be able to later claim that he “did not see and did not know.” The duty of the secretary or other authorized person to notify the authorities as soon as possible.

With the option of sending through the Russian Post service, everything will take a little longer. The two-week period will begin on the day the employer receives the letter, not on the date it is sent. When the application has reached the addressee, it will be indicated in the notification, which means the employee will know the exact date of receipt.

After this, the director will have to release the employee. Clause 3 art. 77 of the Labor Code of the Russian Federation obliges us to do this.

Record of dismissal in labor

Filling out the employee's record book must be carried out strictly in accordance with the requirements of the Labor Code (Part 5 of Article 84.1) and the “Instructions for filling out the labor record” and display:

1. serial number of the record;
2. date of dismissal;
3. the reason for leaving with the obligatory indication of the Labor Code article;
4. information about the document terminating the validity of the TD, indicating the name, date of execution and internal number.

According to the general rules for maintaining personnel documentation, recording is made with a blue, red or lilac ballpoint pen. The text is written legibly and without abbreviations. When you receive your work permit, carefully study the notice of dismissal; if any inaccuracies are found, ask the HR staff to make corrections.

If you change your mind, what to do?

Such cases are also not uncommon. The reasons can be different: there was no agreement on a new place of work, the director realized that the employee really wanted to leave, and improved working conditions and much more.

To cancel an application that has already been submitted, you must write and also officially register a new one in accordance with all the rules. No matter how good the relationship between him and the employer may seem to the employee, it is important to know the main rule: the application for refusal of dismissal must be submitted officially, i.e. in writing through a secretary or by mail.

What is dismissal?

The Labor Code of the Russian Federation strictly regulates dismissal. You cannot simply break off an employment relationship without observing certain rules. Therefore, in addition to the actual severance of this relationship between the employer and the employee, dismissal also means a strict procedure, if violated, both parties may suffer.

The rules for dismissal are the same for any employee and employer, no matter whether it is a state-owned enterprise, a commercial company, an individual entrepreneur, an ordinary worker or a top manager. Having separated correctly according to the law, the employee receives a work book, related certificates and a full settlement of debts and compensation payments. The manager finds a new employee to fill the vacant position.

What is it for

There are often cases when the employer is not against such dismissal. But he had no reason to do it himself. And then the employee himself brings such a letter of resignation under clause 3 of Art. 77 Labor Code of the Russian Federation.

Then after some time the employee announces that he has changed his mind. The director, knowing the legislation, says with joy on his face that “I understand everything, continue working.”

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This is also important to know:
Termination of an employment contract at the initiative of the employer: grounds, how to formalize

After a two-week period from the date of writing the application, a dismissal order is issued in accordance with clause 3 of Article 77 of the Labor Code of the Russian Federation - at one’s own request.

There is no use going to court. Legally, the director did everything correctly. One of the principles of law was at work here: “Most moral principles become legal norms, but not all.”

When refusing an application of your own free will, there is one very important nuance. If, from the moment the employee was fired until his refusal, a written invitation was sent to another person to accept this position, then it will no longer be possible to cancel it.

Here the law will be on the side of the future employee, i.e. someone who has already been invited. Because Now no one has the right to refuse him employment.

Therefore, it is necessary to weigh everything carefully before writing a letter of resignation. There are times when there is no way back.

Termination procedure

After the employee makes a decision to terminate the employment contract, both parties must follow a certain procedure:

Employer Notice

As already noted, this is done by writing a statement. There is no set form, but when drawing up the following requirements must be met:

• compliance with established submission deadlines;
• written form;
• compliance with general office work requirements.

In the application, the employee notes his desire to be fired (with language like “Please fire me”). A specific reason for this may or may not be stated. There are also no requirements to indicate the date of dismissal. If it is not set, then the expected day is the end date of the established two weeks.

The application can either be submitted in person or sent by mail.

In the first case, it is worth making a copy of the document and getting a note on it from the receiving person about receipt (indicating the date, signature and position). In the second case, the document is sent by registered mail with a list of attachments. Such measures will help prove the fact that the employee submitted the application in the event of the manager’s refusal to sign it or in the event of its loss.

resignation letters can be found here.

Preparation of documents for dismissal

The main document that must be issued by the manager is the order to dismiss the subordinate. It is usually drawn up a few days before the proposed dismissal or on the last working day. The employee must familiarize himself with the order (against signature).

Calculating maternity benefits is a responsible matter. We recommend that you first read our article to do this correctly. How to correctly calculate your sick leave if you are pregnant - read here.

You will find out what the maximum period of time you can count on when receiving sick leave is if you follow the link and read our material.

What to do if you are forced to resign

There are situations when an employer tries to force an employee to resign at his own request. There can be many reasons for this: from personal hostility to reluctance to pay compensation amounts in case of layoffs.

As in the case of reluctance to accept a statement, these actions are considered illegal.

Termination of an employment contract by the employer can be based only on the grounds specified in Article 81 of the Labor Code of the Russian Federation.

Therefore, most likely, if the boss tried to hint at “his own desire”, then there is a high probability that he does not have any legal grounds for dismissal.

When an employee feels pressure from his superiors, and often hears requests to resign at his own request, he has every right to contact the labor inspectorate.

There you need to write a statement about the illegality of the employer’s actions. For the best effect, it is recommended to attach some evidence, for example, audio or video recording.

If an unlawful dismissal has already been made, then you can safely go to court to restore your rights.

Stages of voluntary dismissal

If an employee independently wants to stop working for the company, this is the simplest situation. It is regulated by the Labor Code, or Labor Code. Usually, the parties independently agree on all the nuances of terminating legal relations, and conflicts do not arise.

It is important! Sometimes unscrupulous employers require you to write a statement of your own free will, while dismissing you for other reasons. In this situation, you can challenge the legality of the dismissal by going to court.

Today, experts have developed a clear scheme that must be followed in order to resign at your own request.

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To complete the procedure you will need to:

• Prepare an application and submit it to the employer. Please note that the date of dismissal is considered the final day of employment in the organization.
• Wait until the working period ends. The standard period is two weeks. If a person holding a managerial position is dismissed, the period is extended to 1 month. At the mutual request of the parties, the working period may be terminated earlier. The employer cannot insist that the period be reduced without the employee's wishes.
• A dismissal order is issued. The corresponding document is drawn up on the final day of work. The documents are provided to the employee for review. If necessary, the employee can obtain a copy of the order.
• The employee is provided with a salary certificate for the last two years. If issuing a document at the time of dismissal is not possible, it can be provided within 3 days from the receipt of the relevant application.
• The employer notifies the Pension Fund of dismissal.
• A record of termination of employment is made in the employee’s personal card.
• Draw up a settlement note. The document records information about the employee, information about termination of activity, information about accruals and payments received upon dismissal.
• Perform a full calculation. All funds must be provided by the last day. If the person was not present at work at this moment, the money is transferred the next day after receiving the corresponding request.
• An appropriate entry is made in the employee’s work book and the documents are issued to the owner.
• Provide a copy of the documentation that was presented at the time of hiring.

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Where to defend labor rights

If during the dismissal procedure or in any other case that arose during the employment relationship, your rights were violated, then you need to defend them in one of the following ways:

• Contacting the Labor Rights Protection Inspectorate.
• Statement of claim to court.
• Contacting the prosecutor's office.

A citizen of the Russian Federation whose rights have been violated may appeal simultaneously to all competent authorities. Administrative punishment is provided for the guilty person. But the citizen himself does not have the right to initiate such a case through the court. This can only be done by either the prosecutor's office or the labor inspectorate. To do this, you need to send a complaint to these structures.

In parallel, the employee has the right to file a lawsuit in order to receive compensation for moral damage or any other payment from the employer, if provided by law, because administrative sanctions do not provide for this. All fines issued by the prosecutor's office will go to the state. Therefore, it is better to contact the regulatory authorities in order to bring the offender to justice and go to court for moral or other payments.

Methods for an employee to proactively terminate an employment contract as soon as possible

The legislator has established that in addition to reaching a mutual agreement on dismissal, the employer must dismiss without working and within the period reflected in the employee’s application, under the following circumstances:

1. The inability of the employee to continue his duties under the concluded contract related to his enrollment in an educational institution. This fact must be confirmed by a certificate of admission issued by the university.
2. The employee reaches retirement age and enters a well-deserved retirement. Currently, a sufficient number of citizens who have already reached retirement age continue to carry out their work duties, while they are subject to generally accepted working conditions, however, this category of workers also has some privileges, in particular, they can quit at any time. It is inappropriate for the management of organizations to refuse to dismiss working pensioners, since, as practice shows, the court in these cases always sides with the workers.
3. When it is established that the employer has violated the requirements of labor laws. Such violations include facts of the employer exceeding his powers, associated with violation of working hours, failure to fulfill his obligations regarding the social security of workers, failure to ensure labor protection and safety requirements, as well as untimely payment of wages and other payments provided for by law (maternity pay, vacation pay). , sick leave).

Separately, we should highlight the category of workers who carry out the labor duties assigned to them under a fixed-term contract concluded for a certain period, as well as those who are on a probationary period. These subjects of labor activity have the right to notify the employer of their intention to permanently leave their place of work three working days in advance.

It should be noted that the current law does not provide an exhaustive list of valid reasons that provide prerequisites for the dismissal of workers in conditions that exclude working 14 days upon dismissal, however, taking into account the emerging judicial practice, as well as the provisions of a number of by-laws, these should include:

• reasons related to various family circumstances, which, if necessary, should be documented, with which certain difficulties may arise;
• relocation of one of the spouses for a long time to another region or state, in particular, departure on a long business trip, in this case it is advisable to provide documentary evidence;
• the appearance of a disease in an employee that prevents him from further carrying out his work duties in a particular region, for example, due to certain climatic conditions, this circumstance must be confirmed by a medical report;
• the fact that the employee’s family is recognized as having many children (three or more minor children dependent on him), these families have state certificates of the established form;
• the need for constant care for a disabled child, as well as for a seriously ill family member, in this case it is mandatory to provide the employer with a medical report;
• the presence of a woman in a state of pregnancy, regardless of its duration.

These reasons are not exhaustive; other unforeseen situations are also possible, in connection with which the worker may need to quickly and permanently leave his workplace, while it must be remembered that if the employer does not want to meet halfway, the employee retains the right to go to court to resolve the conflict that has arisen.