How to correctly write a resignation letter of your own free will

A resignation letter is a mandatory procedure for an employee who no longer wishes to work in his current position. The document does not have an approved form according to the Labor Code of the Russian Federation, therefore it is drawn up according to generally accepted rules with free text.

Depending on the reasons, dismissals differ in secondary nuances - benefits, payments, work off.

At your own request

This application is a document written by hand or printed on a computer with the obligatory signature of the employee. The reasons are stated at will.

See sample.

"To the Director of Book Spaces LLC"

Demyanov S.S.

from the seller

Popova E.A.

Statement

I, Popova Ekaterina Aleksandrovna, ask to dismiss me at my own request as of March 2, _____.

02.16._____ _________ Popova E.A.

It should be remembered that the document is submitted at least 2 weeks before the desired date of dismissal.

This means that if there are plans to leave work on March 2, then the manager must be notified of this no later than February 16. If you submit a document on February 28 with a request to dismiss on March 2, then the employer has the right to keep the employee for a legal 2 weeks.

Work off is given so that the employer has time to find a replacement. If such a person already exists, then dismissal may occur ahead of schedule.

What and how to write in the application

How to correctly write a resignation letter of one's own free will worries many. This document is very simple to draw up - it is written in free form, but there are mandatory details:

• indicate the addressee in the upper right corner - usually this is the general director of the organization;
• write who is the author of the appeal (indicate not only the last name, first name, patronymic, but also the position);
• in the center - title: letter of resignation of one's own free will;
• further - the basis, the actual text of the request (you can indicate the number of the article of the Labor Code of the Russian Federation, you can do without it);
• In the lower right corner put your signature, transcript and date.

The main wording of the statement that is used is “I ask you to fire me at your own request.” Below is the resignation form:

This example of a voluntary resignation letter can be downloaded at the end of the article and used by adding your data.

In order to simplify paperwork, you can prepare a sample for employees on how to correctly write a resignation letter of their own free will, or create a folder on the corporate server containing a set of samples of personnel documentation, which will include not only such a document, but also a resignation letter by agreement of the parties. Then employees will not have to rack their brains and compose the texts of documents themselves.

Application by agreement of the parties

This type of document is submitted when the employer and employee have claims or obligations against each other, but they have reached a common decision.

The document is drawn up according to a standard template with the obligatory indication in the text of the phrase “by agreement of the parties” and a mention of the relevant articles in the Labor Code.

“General Director of OJSC “StalInvest”

Konkin V.A.

from the installer

Stepanova V.A.

Statement

I ask you to dismiss me from the position of installer by agreement of the parties (based on Article 77 of the Labor Code of the Russian Federation) from March 1, _____. Until I receive your consent to my dismissal, I reserve the right to withdraw my application at any time.

02.13._____ _______ Stepanov V.A.

An important point is that once a document is signed by a manager, the document cannot be recalled. That is why it is recommended to indicate in the text that the application can be withdrawn before signing.

The document is drawn up in two copies. After signing by the manager, one version is certified by the secretary and remains in the hands of the employee.

The employer does not respond to the employee’s application - what will happen to him for this?

By law, the employer is obliged, without reminders or coercion, to pay the amounts due to the employee on time and in full. If this does not happen, and the employee is forced to apply to him for additional payments, the employer is violating labor laws.

To encourage the company administration to timely pay the employee, the Labor Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation provide for 3 types of liability for delayed payments:

• Financial liability (Article 236 of the Labor Code of the Russian Federation).

The employer is obliged to pay the employee not only the amounts due to him, but also interest for late payment in the amount of not less than 1/150 of the key rate of the Central Bank of the Russian Federation on the amounts not paid on time for each day of delay, starting from the next day after the due date for payment until the day of actual payment, inclusive. Compensation must be paid in an increased amount if such a procedure is prescribed in the employer’s local act, collective agreement or labor agreement.

• Administrative responsibility (part 6 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

The employer may be given a warning or a fine imposed: for an individual entrepreneur - from 1,000 to 5,000 rubles, for a company - from 30,000 to 50,000 rubles, for an official - from 10,000 to 20,000 rubles. In addition, in case of repeated violation, the official may be disqualified.

• Criminal liability (Article 145.1 of the Criminal Code of the Russian Federation).

According to Art. 145.1 of the Criminal Code of the Russian Federation can punish the employer, the head of the company/structural unit, and even the chief accountant if his complicity with the manager is proven.

The range of punishments under this article is extensive: from large fines to forced labor and imprisonment.

For dismissal under an employment contract

Dismissal under an employment contract can be based on many reasons, ranging from the employee’s own desire to a gross violation of labor discipline, for which the employer has the right to terminate the contract unilaterally.

If there is no desire for further cooperation, it is necessary to write a corresponding statement on the part of the employee.

To the Director of JSC "Computer Technologies"

Maltsev D.I.

from the system administrator

Kanishcheva S.V.

Statement

I, Svetlana Vasilievna Kanishcheva, ask you to dismiss me from the position of system administrator on March 3, _____ due to the termination of employment contract No. 034875 dated 03/01/_____.

02.12._____ __________ Kanishchev S.V.

An important clarification is that the agreement continues to have legal force if neither party objects to further cooperation.

Place of application

Due to the lack of a clear indication of the law as to where exactly you need to submit your competent, correctly completed request to leave work, different organizations, firms and enterprises can establish their own requirements in this regard. A person's intention to leave his/her workplace in writing can be provided:

• personally to the employer;
• to the HR department;
• the immediate supervisor or head of the department where the dismissed person works;
• the secretary of the head of the organization or its office;
• It is possible to send it by mail addressed to the company management.

Due to deteriorating working conditions

There are often cases when an employee is assigned additional responsibilities or he/she is transferred to another place of work with different working conditions for the worse. In this case, the employer is obliged to notify the employee in writing about the upcoming changes 2 months in advance. If the employee agrees, then he signs the document and no longer has the right to quit due to worsening working conditions.

If the employee does not agree with the new requirements, then it is necessary to describe the points that do not suit him.

“To the director of the store “Flowers 24 Hours”

Melnikova A.N.

from the seller

Stuzhevoy V.I.

Statement

I ask you to dismiss me from March 1 _____ due to deteriorating working conditions. I am not happy that I am being transferred to a neighboring branch, the building of which is in almost disrepair. In winter, the temperature inside the pavilion does not rise above 15 degrees. It’s also inconvenient for me to get to my new place of work. I ask you to pay me severance pay within the limit of the average salary for two weeks on the basis of Art. 178 Labor Code of the Russian Federation.

02.13._____ _______ Stuzheva V.I.

The employer can meet halfway and maintain the same working conditions for the employee. In this case, the application will be withdrawn. Otherwise, dismissal occurs on the basis of Art. 178 of the Labor Code of the Russian Federation, in connection with which the manager is obliged to pay benefits in 2 weeks.

Features of drawing up a resignation letter

And the reluctance of the management to say goodbye to the “irreplaceable personnel” looks touching, tickling the employee’s vanity, and the creation of artificial barriers “puts a spoke in the wheels.” If they don’t sign the resignation letter, what should an employee who has decided to leave do?

The best way out in this situation is to use the postal service and send the document in a valuable letter with a list of the contents and a receipt stamp. A list of attachments is needed to confirm that a letter of resignation has been sent, and not a greeting card for the upcoming holiday, and a receipt mark confirms the fact of receipt and the start of the countdown of work time.

Often, employers choose the “loss” of a document in the personnel “tablets” as an obstacle. This obstacle is easily avoided by having a second copy, on which a representative of the personnel department or a secretary in charge of office work puts the incoming number and the current date.

The law allows for the preparation of a document without the date of actual termination of the relationship, which justifies itself when using postal services, since the countdown of working days begins from the moment the document is received by the employer’s administration.

Compliance with dating and calculation of deadlines allows you to competently terminate an employment contract within the required time frame, which is important when finding a new place of work, since if the deadlines are unclear and the employee returns to the place of performance of official duties on the 15th day, labor legislation equates to continuation of activity and cancellation of the application without corresponding review.

On probation (without work)

Probationary period is a vague concept, which in different organizations implies its own periods of time. In most cases, this is 2 weeks, but even for this period it is necessary to write a job application indicating the time period of the probationary period. A person has the right to work without registration under the Labor Code for no more than three days.

Thus, if during the probationary period a person understands that the position is not suitable for him or that he does not like the working conditions, then he must submit a letter of resignation. It does not provide for 14 days of work.

"To the Director of LLC "Businessstroy"

Kryukov K.K.

from the driver

Repina A.N.

Statement

I, Repina Anastasia Nikolaevna, ask you to dismiss me on March 2, _____, at my own request, without two weeks of work.

02.28._____ _______ Repin A.N.

In most cases, problems do not arise during the probationary period, so the employee has the right not to go to work the next day. The situation is typical with the consent of the manager.

If there is no one to replace the employee, then according to the Labor Code of the Russian Federation, a minimum working period of three days is provided.

When should it be submitted?

You have the right to terminate the employment contract by notifying the employer no later than two weeks . This means that you will have to go to work and perform official duties for another 14 days. It is believed that during this time the employee will be able to transfer matters to colleagues, and the employer will be able to find a replacement for him.

The two-week period begins to count the day after the employer receives the resignation letter. For example, if you filed it on October 1, two weeks will begin to count from the 2nd, and the dismissal will be formalized on the 16th.

If an employee's last working day falls on a public holiday, the day of dismissal will be considered the nearest working day. For example, if you wrote a statement on April 17, then the dismissal will be formalized not on May 2, but on May 4.

This is a general rule. But there are also special cases.

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

Malysheva O.G.

from a primary school teacher

Ivanova V.P.

Statement

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.

Important Details

It is useful to know some of the nuances enshrined in legislation, namely:

1. The primary document on which the text of other documents will be compiled, changes will be made in the placement of personnel and monetary payments will be made, is the application, therefore it must certainly be drawn up in writing or can be printed on a computer and submitted with the personal signature of the employee whose initiative to dismiss was manifested.
2. It is recommended to make a photocopy of the application, which must be recorded so that it can be proven later that it was actually submitted. Registration of the application includes entering the filing date and entry number; the filing date must be at least two weeks before the desired departure from work.
3. The application form must be completed by hand personally by the employee who is separating from his employer. This is in his own interests, because in the event of a legal dispute it will be much easier to prove the authorship of the document.
4. Management does not have the right to demand that an employee indicate the reason for which he wants to quit, and cannot justify the refusal to dismiss for any reason - even the lack of a necessary replacement for the employee.

In any case, the desire to resign, formalized by law, must be satisfied within the time limits established by legal norms. If an employee falls ill while the deadline for his dismissal based on his application is approaching, this deadline is revised. The law prohibits the dismissal of a person who is on sick leave.

On vacation followed by dismissal

According to the Labor Code of the Russian Federation, the employer is obligated to provide employees with annual paid leave, without pay, and additional (if it is provided for by working conditions and the contract). An employee has the right to first take the allotted time off and then resign. In this case, the last working day will be considered the last day of vacation.

To the Director of OJSC AlmazPlus

Epifantsev A.A.

from an accountant

Troshevoy N.V.

Statement

I ask you to provide me with annual paid leave in the amount of 28 calendar days from March 1 of _____, followed by dismissal.

02.19._____ _______ Trosheva N.V.

The advantage of this solution is that you do not need to work 14 days, since the employer is notified a month or more in advance. This time is considered working time, but applies to annual leave.

It should be noted that the final decision is made by the employer, so if there is a shortage of personnel, the employee may not be allowed to retire. As a result, the employee writes a letter of resignation of his own free will, works for 14 days, and the vacation is compensated in monetary terms.

Is it possible to change my mind

According to Part 4 of Article 80 of the Labor Code, you have the right to withdraw your application at any time before the expiration of the notice of dismissal. As a general rule - until 24 hours on the 14th day.

If you took a leave of absence followed by dismissal, you can withdraw your application before the start of the leave.

The application form is not specified. But you can simply pick it up from the HR department, you can make a corresponding note on the original document, or you can draw up a new one.

I ask you to consider my resignation letter of my own free will as of <date> invalid.

You can withdraw the application even if an order for your dismissal has already been drawn up and an entry has been made in the work book. But there is one “but”.

If another employee who cannot be refused employment (for example, by way of transfer) is invited to take your place in writing, you will not be able to withdraw your resignation letter.

In connection with retirement, sample

Retirement age is a serious argument for dismissal. In this case, the employer cannot refuse, but at the same time does not have the right to insist that the person leave the workplace without good reason.

This means that the desire to resign must come directly from the pensioner.

To the Director of OJSC "Agrokomplekt"

Nikiforov S.E.

from the carpenter

Dmitrieva O.V.

Statement

I, Oleg Valentinovich Dmitriev, ask you to dismiss me from my position as a carpenter from February 21, 2021 due to reaching retirement age.

02.22.2018 ________ Dmitriev O.V.

The document can be submitted at any time, since the reason does not provide for a two-week working period. This right can only be used once. If the next time a pensioner quits his job, the procedure is carried out on a general basis.

Judicial practice shows that the right to dismissal without service can be exercised both at the time of retirement and after it, if the pensioner had previously resigned for other reasons.

What to write in a voluntary resignation letter

Writing a letter of resignation of one's own free will, which in common parlance is often also called a letter of resignation, is the first stage of terminating an employment contract. This procedure consists of four steps in total:

1. Writing a resignation letter of your own free will.
2. Transfer it to the employer.
3. Preparation of a dismissal order and calculation of payments due to the employee.
4. On the day of dismissal, final payment is made to the employee and all due documents are handed over to him.

The process of dismissal at will is regulated by Art. 80 of the Labor Code (LC) of the Russian Federation. This article contains the minimum requirements for a resignation letter:

• written form - by hand or in printed form is not specified;
• request for dismissal;
• the date of termination of the employment relationship desired by the employee;
• personal signature of the resigning employee.

The application itself can be drawn up in free form, taking into account these requirements.

Voluntary resignation letter template

In this case, the employer has the right to impose additional requirements on the application form in accordance with the standards adopted by the organization. The legislation does not limit it in this; the main thing is that the minimum set of requirements for this document be met.

Some HR experts recommend insisting that the employee not type the resignation letter on his own request on a computer, but write it entirely by hand. In judicial practice, there are cases where an employee dismissed on the basis of a printed statement then filed a lawsuit and sought compensation for forced absence. In court, he argued that he allegedly did not write a statement, but once signed a blank sheet of paper. And employers were not always able to prove that they were right in such situations.

If the application is not signed by the employee, the employer has every right to leave it without consideration. After all, it’s actually the same as if there is no document.

Typically, in the “header” (top part) of a resignation letter, the following data is indicated:

• Full name and position of the head of the organization to whom the application is addressed (the decision to dismiss an employee is entitled to be made by the first person or the one who replaces him during absence);
• full name of the employer;
• Full name of the employee;
• employee position;
• name of the structural unit where the employee works.

For example:

General Director of Romashka LLC

Ivanov I. I.

sales manager

Petrova P. P...

Samples of voluntary resignation letters

The most common situation is when an employee submits an application for resignation of his own free will within the standard two-week period provided for this by the Labor Code of the Russian Federation.

As a sample, you can use the example shown in the illustration.

Sample letter of resignation with working out the two weeks required by the Labor Code of the Russian Federation

In the example given, the employee asks to dismiss her on August 16, but the application itself is dated August 2 - that is, written exactly 14 days before the date of the proposed dismissal.

Application for dismissal without service

In some cases, the Labor Code of the Russian Federation allows an employee to terminate an employment contract on his own initiative in a shorter period than the designated two weeks, or, as it is commonly called, without working out. Such situations include:

• retirement;
• admission to full-time study at an educational institution;
• acceptance to a position in another organization as a result of an officially announced competition;
• moving to another area;
• medical contraindications to further work, documented;
• caring for a child under 14 years of age or a sick family member whose need for care is confirmed by a medical certificate;
• violation by the employer of the employee’s rights, which became the reason for dismissal. However, the fact of a violation must be documented, and if you contact the labor inspectorate, it will take just two weeks to consider the complaint.

All of these reasons for dismissal without service are considered valid.

In such cases, the employee indicates in the application the reason relevant to his case. For example, how it is done in the sample.

Sample letter of resignation of one's own free will without service

In this example, the employee requests dismissal from the next day after submitting the application. Since the reason for dismissal in his case is valid, this is allowed. The date of dismissal in such cases is not even discussed.

Sample application for resignation of one's own free will without service due to moving to another area

The reason giving the right to dismissal without working for two weeks usually needs to be documented. To do this, you need to attach, for example, a doctor’s report, a certificate of enrollment in full-time study, a copy of the order to transfer a family member to another area, etc. In this case, a list of attached documents is given in the application.

Sample letter of resignation of one's own free will with a list of attached documents confirming a valid reason for dismissal

If desired, the employer can fire the employee without forcing him to work the required two weeks, even if there are no valid reasons for this. Many managers believe that since a person has decided to leave, it means that his motivation is at least not the same, and there is no point in keeping him, and in some cases it would be better to get rid of him as soon as possible.

Sample letter of resignation without working towards vacation

Dismissal without working towards vacation is a situation where, after submitting an application, an employee takes another vacation, if it is due to him, or arranges vacation at his own expense for exactly the two weeks that he is legally required to work. The option of registering sick leave for this period is also practiced - with this option, there is no need to formalize anything additional; upon leaving sick leave, it is enough to present a certificate of temporary incapacity for work covering the missed days.

In a situation where an employee takes a vacation, two options are possible:

• an application for leave with subsequent dismissal is written;
• two applications are written - one for leave, the second for voluntary dismissal.

Sample application for leave followed by voluntary dismissal

If the employee has already used the right to another vacation, he can take vacation at his own expense for the period preceding the date of dismissal (without pay). An application for such leave followed by dismissal usually indicates the reason for the leave: for family reasons, due to the need for treatment, to care for a sick relative, etc. If necessary, a document confirming the circumstances stated in it is attached to the application.

Work upon dismissal (video)

What date should be indicated on the resignation letter?

When there are no valid reasons for voluntary dismissal without work, the date on the application should be no earlier than two weeks from the date the application was written. In this case, the countdown does not start directly from this date, but from the next day. For example, if an employee dates the application on January 20, he must count the required 14 days from the next day, that is, January 21. In this case, the earliest date of dismissal that he can indicate in the application will be February 3, and not the second, as if the countdown started from the date of writing.

When one of the listed valid reasons is behind the desire to quit, the date can be any. Indeed, in this situation, the law allows you to quit even from the day you submit your application.

You must also understand that a two-week period is only the minimum requirement of the law and the employee can indicate a later date in the application. If an employee asks to be dismissed in a month or even a year, this is not a basis for refusing to accept the application. An employee simply does not have the right to demand that he be fired earlier than two weeks later. But the employer does not have the right to demand that he work more than two weeks.

If the employee indicated a date in violation of the two-week deadline, for example, as in the example given a little earlier, he began counting directly from the date the application was written, the employer has three options:

• sign the application, turning a blind eye to non-compliance with formalities, which often happens in practice; for the employer, this option does not entail anything other than the fact that the person leaving will work a day less than expected;
• impose on the application a resolution with a dismissal date that satisfies the requirements of the law, for example: “Dismiss from 02/03/2018 in accordance with the requirements of Art. 80 Labor Code of the Russian Federation";
• refuse to accept an application with a resolution, for example: “The request is refused, since the period for a written warning to the employer does not comply with the requirements of Art. 80 Labor Code of the Russian Federation." Or communicate your decision to the employee verbally. However, it won’t take long to rewrite the application indicating the correct date in this situation.

Employers often set the following condition: if you work as long as I say, I will let you go with the right to return, and if not, goodbye forever. Whether in this case it is worth giving in and valuing relations with an employer to whom the law is not written is up to everyone to decide.

In practice, filing an application is often preceded by preliminary oral negotiations between the employee and his immediate superior and/or the company’s top executive. The day of dismissal may be one of their results - either in two weeks, later or earlier. If there is such an agreement, this date is indicated in the application.

Labor law experts recommend not using the preposition “from” when indicating the date of dismissal. Simply put: you don’t need to indicate “from 02/03/2018”; it’s better to just “02/03/2018”. They motivate their position by the fact that the presence of “c” allows the employer to interpret the employee’s request as allowing for later dismissal.

Is it necessary to register a resignation letter of one’s own free will and how to do it correctly

The Labor Code of the Russian Federation does not require mandatory registration of a resignation letter. However, it may be provided for by the internal rules of document flow in a particular company and regulated exclusively by them.

Practice shows that depending on the specific company, such statements can be accepted by:

• the head of the company himself;
• the immediate supervisor of the resigning employee;
• personnel service (personnel department, HR department);
• accounting, if it is also entrusted with personnel functions, as is often the case in small businesses;
• office of the head of the organization;
• secretary.

The internal rules of a particular company also determine the algorithm for moving an application between the relevant services. In some companies, it is enough to submit an application once and not think about it again until the day of settlement. In others, the resigning employee himself goes around with it to all the structures into which it should end up. For example, having received a visa for the first person of the company, he takes the application to the personnel service or accounting department.

If it is customary for a company to register applications from employees, these functions can be assigned to a secretary, receptionist or, for example, a human resources manager

Registration of the application under the Labor Code of the Russian Federation is not required. But if it is provided for by internal rules, then it must be done. For example, a company may keep an application log that reflects all applications from employees, including voluntary resignation.

The employee himself has the right to ensure that the employer has received the resignation letter. Moreover, it is often in his interests. To do this, he can take a copy of the document and ask the secretary or other employee whose competence includes accepting such papers to sign and date it.

The situation is similar with the approval of the application. This is not required by law. But the corporate standard of office work may provide, for example, such a scheme when the application is signed first by the immediate supervisor of the person leaving, then by the deputy manager supervising their department, and only then by the chief executive of the company. As for the employee, in case of controversial situations, the presence of signatures on the application is only beneficial for him - after all, this is confirmation that the employer received the document.

A resolution or signature of the first person is also optional by law. But if the internal rules of the company require its presence, it means that until the application is endorsed by the manager, neither the personnel service nor the accounting department will take it into work.

Form and registration of resignation letter of one's own free will (video)

Application for dismissal if wages are not paid

Delay of wages is a serious administrative offense on the part of the employer. If wages are not paid for more than 30 days, then employees have the right not to go to work. You must notify your manager of your decision in writing.

Submitting a document is a personal decision of the employee, so the reason is “own desire.” You can indicate in the text the fact of non-payment of funds, but this is not mandatory.

To the Director of JSC "NashBeton"

Kupriyanov V.V.

from a mason

Stolyarova A.I.

Statement

I, Stolyarov Andrey Ignatievich, ask you to dismiss me at my own request as of February 25 _____ due to a delay in wages in the amount of 85 thousand rubles. On the day of dismissal, I ask you to issue my documents and make a payment.

02.25._____ ________ Stolyarov A.I.

Despite a gross violation on the part of the employer, the employee is required to work for 14 days. On the day of dismissal, the manager is obliged to pay the employee in full, including unclaimed vacation days. Otherwise, it is necessary to file a complaint against the director with the Labor Inspectorate.

How is calculation made upon dismissal?

To start the process of generating a payout, the employee must write a letter of resignation with payout. If this is the desire of the employee himself, and not a forced measure by the management of the enterprise, then the dismissed person is not entitled to severance pay or other additional payments.

Based on the results of consideration of the application, the manager is obliged to draw up and publish not only an order to terminate the employment relationship, but also an order for payment upon dismissal.

The accountant forms the final amount based on the salary for the period worked but not paid, and compensation for unused vacation days.

The calculation is made using the formula:

salary for the month / working days in the month × days actually worked - all deductions required by law.

Due to a change of residence

A change of residence that involves difficulties in getting to the workplace may be a reason for dismissal. However, by and large this is the personal initiative of the employee, therefore no payments or compensation are provided.

It will also be necessary to work 14 days if the employer has not found a suitable replacement. You can indicate the main reason in the text of the document, or you can simply write “at your own request” - this will not change anything.

General Director of UE "Doors and Windows"

Myakishev G.V.

from the installer

Grigorieva S.R.

Statement

I ask you to dismiss me on March 12 _____ of your own free will due to moving to another area of ​​the city. This circumstance does not allow me to arrive at my workplace on time every day, and also requires me to leave work earlier.

01.03._____ __________ Grigoriev S.R.

Can I be fired for absenteeism if I wrote a letter of resignation?

Yes they can.

Throwing a statement on the boss’s desk, slamming the door and giving up on everything is impressive. But counterproductive.

From the day you submit your resignation until the day your employment contract is terminated, you are still an employee of the company and are required to obey the labor regulations.

Absence from work without a valid reason is absenteeism. For this they are fired (Part 6 of Article 81 of the Labor Code of the Russian Federation). The same goes for inappropriate behavior in the workplace. Showing up to work drunk is also not an option.

Due to moving to another city

Moving to another city almost always involves a change of job. But this does not give the employee any privileges or additional rights. The dismissal procedure is no different from the usual reason “at one’s own request”, and also provides for a standard two-week period of work.

“To the director of the store “Self-tapping screws”

Agarkin D.O.

from the seller

Lyubavina E.N.

Statement

I, Lyubavina Evangelina Nikonorovna, ask you to dismiss me on March 16 _____ of the year at my own request in connection with my move to Moscow.

01.03._____ _______ Lyubavina E.N.

An employer can take the employee’s position if the move is almost complete and there are real problems with getting to the workplace. In this case, the dismissal can be processed in 1-2 days.

Submission deadlines

At any time, having decided to change jobs, an employee has the right to submit a letter of resignation. It may be located:

• at work, directly performing the duties provided for in the employment contract;
• before going on vacation;
• or on vacation.

If he goes on vacation with subsequent dismissal, he has the right not to additionally notify his employer about this, just like while on sick leave. It is also possible to be absent from work for other valid reasons.

It is necessary to comment in more detail on the situation of an employee going on vacation with subsequent dismissal.
The right to paid leave arises after a person has worked for at least six months in the organization. If an employee has plans to leave work, he can write a statement asking that he be given the opportunity for paid legal leave with subsequent dismissal. The last day of his rest will be the day of dismissal. If the employee wishes, he has the right to refuse the leave required by law and instead receive monetary compensation upon dismissal. It is important to note that pregnant women and workers under the age of majority, who are otherwise deprived of such a right, have the right to such compensation.

There is one more nuance that you need to know: for example, last year an employee was recalled from legal leave for some official need, and the vacation time was postponed to the current year, and the employee decided to resign. How to be in this case? After all, he is entitled to not one, but two vacations - both for the current year and for the past. The following solution to the situation is possible: monetary compensation will be received for one vacation, and the person can safely take the second vacation immediately before dismissal.

The director does not sign the application, what should I do?

If the manager does not sign the dismissal letter, then there are several options for the development of events:

1. It is necessary to draw up the document in two copies and have each certified (registered) by the manager or secretary. One of the documents marked with registration must be kept for yourself. After this, 14 days are worked out and work stops. The employee’s actions are to contact the HR department for a work book, and then to the accounting department for a payment.
2. If the application is not accepted, this is a common situation for small companies when the secretary is absent as a position, and the employer does not personally accept the document. The solution is to send a registered letter with acknowledgment of delivery. After a two-week period from the date of receipt of the letter by the manager, you can apply for payment and documents.
3. An extreme case is when the director does not sign the dismissal letter and the employee does not receive a notification note about delivery of a registered letter. In this case, you need to contact the Labor Inspectorate with a statement about the employer’s unlawful actions.

It should be remembered that unauthorized absence from work without a signed resignation letter will be considered absenteeism. In this case, the boss has the right to dismiss the employee under the relevant article in the Labor Code of the Russian Federation.

How to write an explanatory note correctly? Examples (samples) Are you receiving funds? Make a receipt for receipt! A receipt for receiving alimony A receipt for receiving money for a garage A receipt for receiving money for a house and land How to write a receipt for receiving money for work performed?

Features of the application

There is no standard unified form for writing such a statement - each employee has the right to write it in free form. The main thing is to indicate in it the name of the enterprise and the date from which you want to terminate the employment relationship with the employer, as well as to put your signature. But one immutable rule must be observed - this statement must be written solely according to the employee’s own voluntary expression of will . At the same time, if the company’s management and the subordinate come to an agreement, then the employment contract can be terminated before the two-week period has passed.

It should be noted that the employee has the right to notify the employer of the termination of the employment relationship both directly during the work process, and during sick leave, during planned and other types of vacation, etc.

Tips and tricks

You can advise the employee to fully fulfill his functional duties during the working period, come and leave work on time and try not to spoil relations with his superiors. After all, you may still have to turn to this boss for a reference requested from a new place of work.

On the day specified in the application, the employee must receive the entire payment, namely:

• vacation pay;
• salary;
• premium;
• and all other payments that were provided for by the labor and (or) collective agreement. Also, on the day of dismissal, a work book must be issued to the employee. It is recommended to check the entry made in the work book. A correct dismissal record must contain a reference to the relevant article of the Labor Code, from which it follows that the resignation from work occurred precisely on the initiative of the employee, and not for any other reason.

There are certain methods of legal insurance in case of suspicion that management may not sign or accept the employee’s resignation letter on their own initiative. The following options are possible:

• the authorized person must personally put a mark on the copy of the application, taken from him in advance, about its acceptance and assignment of the number of incoming correspondence, signature and date of acceptance, registration;
• It is possible to send an application by mail, but it must be a registered letter with mandatory notification of delivery to the addressee.

If an employee follows this algorithm and does not receive any response from his superiors, he can safely not go to the workplace on the day following the one indicated in the application as the last day of work. This will not be considered absenteeism.