When is this possible?
Drawing up such a document is often a tool of manipulation on the part of the employer. Sometimes the company administration uses this technique to protect itself and fire an employee retroactively. There are precedents when, with the help of such a document, employees had to work overtime or do more work in order not to lose their position.
The organization takes such steps to reduce the number of payments to the employee in the event of liquidation of the company or planned staff reduction. Such methods contradict the current Labor Code of the Russian Federation.
Reasons for not specifying the number
There are cases when the employee himself does not indicate the date of the desired day of dismissal. This can happen for various reasons. Most often this is simple inattention when drawing up a document. Therefore, experts advise re-reading the document several times before submitting it to the organization’s office.
According to Article 80 of the Labor Code of the Russian Federation, an employee is not required to indicate the date of dismissal in the application, but it is necessary to notify management of his decision at least two weeks before leaving. Labor legislation does not establish an employee’s obligation to work 14 days before dismissal; such requirements from management are contrary to the law. The employee must only notify of his decision no later than the specified period.
Reference! Sometimes a worker deliberately does not indicate the date of dismissal.
This often happens if in the future he plans to go on sick leave or maternity leave, during which he does not have the right to fire him. Such actions also contradict current legislation; the company has the right to defend its rights in court in the event of such disputes.
Where to contact a subordinate
If an employee was forced to write a letter of resignation without a date, then he has the right to contact the labor inspectorate or the prosecutor's office. He can also initiate legal proceedings. It is necessary to contact the district court within 1 month from the date when the person learned about the violation of his labor rights.
Labor inspection is designed to protect the rights of subordinates. The employee must send a written statement describing the circumstances and providing evidence of violation of his labor rights. You must also indicate in your application your full name, contact information and employer contacts. Anonymous requests will not be considered.
The prosecutor's office is obliged to monitor compliance with the legislation of the Russian Federation. The study of labor disputes is not within the powers of this body, but at the same time, a subordinate has the right to file a complaint against the actions of the employer and to this body.
Important! If an appeal to the labor inspectorate and the prosecutor's office does not lead to results, you will need to send a claim to court. A court order has legal significance, and the parties to the dispute are obliged to comply with it.
Often employees do not have sufficient legal knowledge to hold the employer accountable. To do this, they have to seek legal assistance from specialists, but not everyone has the financial means to do this. At the same time, the legislation exempts subordinates from paying state fees for court consideration of these circumstances.
Is it necessary to put a date?
In Russia there is no general form for filing an application for dismissal. It can be filled out in any form or according to the organization’s regulations. It is important that the document must be in writing; no oral agreements have legal force.
You can send your appeal to your employer in written, printed or electronic form. It is important to take into account that it is better to draw up such a document in two copies. To protect your rights, you should require the employee’s copy to be signed by management regarding the fact of receipt of the document.
According to the labor code, the date of termination of the employment relationship must be indicated in the application. You need to set the date carefully. If you indicate a specific date in the application, the employment contract will cease to exist on that date. If the application contains a request to dismiss at will from a certain date, the employment contract will be terminated the previous day.
The employee has the right to withdraw his appeal at any time and continue cooperation with the company. The exception is cases when a corresponding candidate has already been invited in writing to a vacant position.
Sample of a correct letter of resignation:
No work due to family reasons
This dismissal is not a valid reason as it is a vague concept. It is expressed in the employee’s personal desire to leave his job, therefore, by law, he is required to work for 14 days.
Despite the fact that family circumstances do not exclude the need for work, specific reasons may influence the employee to be released on the day the document is written.
“To the director of MAOU secondary school No. 54
from a primary school teacher
I ask you to dismiss me on March 2 _____ without two weeks of work due to family reasons. The reason for this was the illness of my mother, who lives alone in the village. Her condition worsened yesterday and requires urgent care.
02.28._____ _______ Ivanova V.P.
The employer himself decides whether to dismiss the employee immediately or oblige him to complete the allotted time. Considering that the subordinate is resigning for personal reasons, no additional benefits other than salary and compensation for unworked vacation are provided.
Read more: Sample power of attorney for purchase of land
Actions of the parties in controversial situations
Many companies, even at the time of hiring an employee, require that they write a letter of resignation of their own free will with an open date. Such demands are unlawful. The purpose of such actions on the part of the organization is the company’s own safety and interests.
In practice, it is simply not possible to apply for many vacancies without writing such an application. When this cannot be avoided, experienced lawyers advise applicants to fill out the document with their own hands using their own fountain pen. You should also make an endorsed copy for yourself. In order to further prove and defend your rights, it is recommended to record the conversation when drawing up the appropriate document using a voice recorder.
Attention! You can contact the prosecutor's office or the labor inspectorate regarding the unlawful demand of the enterprise administration to draw up an application for dismissal with an open date.
Court proceedings in disputes involving applications for dismissal will include:
- Conducting a chemical and biological examination, on the basis of which it will be clear that the date was entered later than the application was written
- Handwriting examination, which will show that the date is written in a different hand
- Analysis of existing audio or video recordings.
You can always prove infringement of your rights, but it is better to refuse such management requirements when applying for employment.
Another unlawful action of an employer is dismissing an employee before the established deadline. This applies to dismissal earlier than the date specified by the employee in the application, as well as if the date was not indicated and the employee was dismissed before 14 days had elapsed from the date the administration received the relevant application.
The procedure for terminating a contract if the document only indicates the date of preparation
In such situations, termination of the employment relationship must be made after 14 days from the date of drawing up the contract. In this case, all days are taken into account, not just working days. The employee has the right to withdraw the specified application if he changes his decision and a candidate is not invited to his position. It is important that the employer has no legal grounds to demand that you work two weeks before dismissal.
In certain circumstances, it is possible to terminate an employment contract earlier than the period specified by law. To do this, the parties to the employment relationship must enter into a written agreement with a specified date for termination of the relationship.
How many days in advance is it served?
The period in which an employee must notify the employer of his upcoming dismissal depends on various factors. Let's look at them in more detail and tell you how much time in advance management needs to be notified.
Submission deadline when officially employed on a permanent basis
How many days in advance should a statement be written when leaving a permanent job? In general, a resignation letter is written 2 weeks before the expected day of dismissal. The work period begins the next day after the application is submitted to the personnel service . This period is needed so that a replacement can be found for the employee, and he can finish the unfinished work and transfer the work to other employees.
If the contract is terminated by the head of the organization, he must give 1 month’s notice. Termination of a contract with a coach or athlete also requires 1 month notice.
What number is written if the employee is employed under a fixed-term employment contract?
For a contract period of up to 2 months, the employee must give 3 days notice of his resignation . The same period is established for seasonal work. In other cases, the standard period of 2 weeks remains.
We recommend interesting articles on similar topics:
- What to do if the employer does not sign the law?
- How to write an application for revocation of a memory?
What to write if the employee is on probation?
In this case, you must notify the employer 3 days before dismissal.
Can they be fired without working?
There are situations when an employee can quit without prior work.:
- Upon admission to an educational institution.
- Upon retirement.
- When conscripted for military service.
- If the employee is pregnant.
- When moving to work in another area.
- If the employer violated labor laws or local regulations.
- If an employee falls ill and cannot continue to work.
- If close relatives of an employee require constant care.
- By agreement of the parties.
We invite you to watch a video about the list of persons who can be dismissed without work:
The procedure for terminating the contract if no dates are indicated in the application
The absence of dates in the document is a reason for the company’s management to treat the received application with great care. The administration may still ask the employee to indicate the desired date for termination of the employment contract and the date the document was written. If these actions are not possible to carry out, then experts advise the employer to do the following in order to avoid controversial situations when terminating the contract.
It is necessary to register the application in the appeal log. The recording must be made in the presence of witnesses who can confirm the actions of the HR department in the event of a trial. The court may also take into account available CCTV footage when considering the case. Only after registering the document can you begin to further formalize the termination of the employment relationship. The need to comply with the 14-day period from the date of submission of the announcement until the termination of the contract also remains mandatory.
