The letter of resignation indicated to dismiss s. How to write a letter of resignation of your own free will? Can I withdraw? Do I need to register a letter of resignation of my own free will and how to do it correctly

Have you decided to change your place of work? It would seem that everything is simple: I wrote a statement, transferred all the cases, and walk boldly! In fact, there are basic provisions and nuances of how to provide for everything in order to quit your job legally and without consequences.

How to write a letter of resignation

There are basic rules for an employee of an enterprise who decides to quit according to on their own... The employee must inform the head of the organization about this two weeks in writing. You can enter the application personally to the HR department or via mail by sending a message in any form to the employer by registered mail with notification.

The letter of resignation is drawn up by hand or on a computer and certified with a personal signature.

If the employee is on, or works seasonally, it is necessary to notify the management about leaving three calendar days in advance.

The application is submitted regardless of where the employee is at this time, at work or not. Vacation or sick leave may be the reason for the absence from the workplace. At the same time, the date of dismissal may also fall on the day on which the employee will not be at the enterprise. This is allowed under labor law.

There are times when the head of an organization is obliged to fire an employee on any day specified in the application:

  • application for the dismissal of an employee enrolled in an educational institution;
  • letter of resignation due to retirement;
  • violation by the management of the Labor Law, recorded by the labor inspectorate, the labor dispute commission or a court decision.

Dismissal application rules and sample

The personnel department of the enterprise stores a sample of filling out a resignation letter of their own free will. The paper is drawn up in the name of the head of the organization, from the employee - the position and initials in full. Below is a request for dismissal from a certain date.

Note! To avoid disputes between the management and the employee, there is no need to put the preposition "with" before the date. For example, "from April 15, 2016". It turns out that from April 15 onwards. The leader can understand this in his own way. It is better to write down the exact date in full, without abbreviations.

The letter of resignation must be signed personally by the employee with a decrypted signature.

Sample letter of resignation:

If the day of dismissal in the application falls on a weekend or holiday, the employee will be dismissed on the first working day following the weekend or holiday.

Application for dismissal without working off

If an employee has circumstances when it is necessary urgent dismissal, then he brings a statement addressed to the manager indicating the reasons for such a decision. Dismissal without working off is allowed in the following cases:

  1. Change of residence, moving to another city or region.
  2. On the offensive retirement age.
  3. Acquisition occupational disease.
  4. Deterioration of health due to climatic conditions.
  5. Dismissal to care for sick relatives, disabled people.
  6. Transfer of a spouse to a new place of work in another city or region.

In case of a spontaneous decision to leave the company, it is best to first talk with the manager and explain the reason for your decision. If the employer does not agree, then it is worth filing a lawsuit. But it takes time to make a court decision. What to do?

There is an option of dismissal without working off on a legal basis. You can use vacation if it is due to the employee. Write a letter of resignation at this time. The employer has no right to refuse the employee. The same can be done if you are on sick leave.

The manager usually does not agree to dismissal without work in the event that there is no one to replace you, and it will take him time to find a person in your place. Therefore, it is most advisable to talk with the management in advance, inform about your plans and fill out an application.

Sample application for dismissal without working off:

How to correctly draw up a statement upon dismissal (video)

Let's watch a short video where an experienced lawyer talks about dismissal of his own free will with and without detention, the legislative framework, the procedure for dismissal at the initiative of the employee and the content of the application.

Registration of a letter of resignation

There is no legal regulation obliging an employer to register such applications. The dismissed employee may be required to register an application. If there is no such magazine in the personnel department, the manager certifies the paper with a signature and gives the employee a copy of it.

As practice shows, it is better to start a registration log in order to avoid further disagreements. If the employee brings the application in person, then on the same day it is worth registering the application and giving it to the head for signature for the issuance of the order. The receipt of an application via mail is registered on the day the document is received.

But there are some nuances. If the application is provided by the employee personally, and there is a discrepancy between the date of the notice of dismissal and the date of receipt of the notice to the personnel department, it is necessary to draw up an act and endorse it with the signatures of three officials.

If it is conducted at the enterprise, it solves all the issues. The receipt of the application is recorded in the journal on the day of actual admission to the personnel department.

Director's resignation letter of his own free will

The head of an enterprise is a financially responsible person who is responsible for the state of affairs in the entire organization. Despite this, the rights are the same for everyone. He has the right to leave his post of his own free will. But there are special requirements here.

The director of the organization must notify his immediate management of the upcoming retirement from service one month before the scheduled date. This is necessary in order to find and appoint a worthy replacement in his place. For a whole month, the director has been transferring cases and positions.

There is an opportunity to quit earlier, but only by agreement of the management and members of the organization.

IN joint stock companieswhere all decisions are made collectively, there are cases of disagreement between the participants and the decision of the current director. To prevent this from happening, the director is obliged to send a notice of the upcoming resignation from service to all shareholders by mail, etc. The notification indicates the date and reason for the convocation: the dismissal of the head and the appointment of a new one.

Disagreement of the board members with the dismissal of the director is regarded as an abuse of their rights. At the end of the warning period for the upcoming resignation, the director has the right to issue a resignation order to himself and sign it himself.

How to withdraw a letter of resignation

As long as the application is in the personnel department, the employee can withdraw it, even on the last day before dismissal. Any life circumstances can be the reason for the revocation.

The legislation does not provide for any rules and regulations for writing such a review. An employee can draw up a review by hand and enter it into the HR department, send it by mail by letter, by message e-mail... In all cases, you need to make sure, you can by phone, that the employer has received a response. The surest way is to send the application by registered mail. Thus, the day of sending the letter will be considered the day of submission of the withdrawal of the letter of resignation.

An example of a request to withdraw a previously filed letter of resignation:

As soon as the personnel service receives a response, the word “Canceled” is prescribed on the letter of resignation, and the information about the recall is recorded.

Important! An employee who has expressed a desire to return to their labor duties, must understand that the review will not be canceled. If he decides to quit again, he will have to work again for two weeks.

Sometimes the recall comes at the moment when the order of dismissal is signed and the relevant documents are prepared. In this case, an order is issued to cancel the previous one and is given to the head for signature.

The legislation provides for cases when an employee will not be able to issue a review: if the head of the organization offered this place to another person by written request, who subsequently gave his consent and resigned from previous place work in connection with the transfer to the proposed place.

But the court may act differently. If a person is offered a position ahead of time when the current employee has not yet been fired, the judgment is likely to favor the employee who wrote the revocation of the application.

When on vacation with subsequent dismissal, revocation is also not possible. The application can be written only before the first day of the vacation.

If the notification was received by mail with a delay, and the manager has already managed to fire the employee, then he will have to reinstate him and pay compensation for the forced absenteeism.

What to do if the letter of resignation is not signed

Everyone has the right to quit his job of his own free will. The employer has no right to refuse him under any circumstances. However, it happens that the manager deliberately does not sign the statement, and may threaten the employee with dismissal under the article. The motivation for such behavior may be the lack of a replacement in the enterprise or the difficulty in finding suitable personnel... Such actions are illegal and can be regarded by the court as an attempt to forcibly engage in labor.

On the basis of Article 80 of the Labor Code, an employee has the right to quit his job without asking permission from his manager, no matter what position he holds and what functions are entrusted to him. The only thing that an employee must do is to notify the manager two weeks before dismissal in a proper manner.

What to do in case of refusal?

  1. It is necessary to write a letter of resignation, indicate a specific date and enter it in the personnel department or secretary.
  2. Take a copy of your application, where the date of its receipt is affixed.
  3. If they refuse to accept the paper, send it by mail valuable letter with a list of attachments.
  4. After two weeks, come for the calculation and work book.

If the management stands its ground and does not dismiss the employee, then the latter has the right to write a complaint to the labor inspectorate or file a lawsuit. Judgment will be rendered in favor of the employee. And the head of the enterprise may be obliged to pay compensation to the employee for forced absenteeism and moral damage.

Before quitting your job, check the applicable labor laws. Notify your manager in advance about the upcoming dismissal. If you are refused, do not forget that you can always come to an agreement between the parties. Before running to court, try to resolve the issue amicably.

Upon termination employment contract on the initiative of the employer, this is unacceptable (Article 81 of the Labor Code of the Russian Federation). Timing You have the right to terminate the employment contract by notifying the employer about this no later than two weeks in advance. This means that another 14 days will have to go to work and perform job responsibilities... It is believed that during this time the employee will be able to transfer cases to colleagues, and the employer will be able to find a replacement for him. The two-week period begins on the day after the employer receives the letter of resignation. For example, if you filed it on October 1, two weeks will start counting from the 2nd, and the dismissal will be issued on the 16th. If the last working day of an employee falls on a public holiday, the next working day will be considered the day of dismissal. For example, if you wrote an application on April 17, then the dismissal will be issued not on May 2, but on May 4. This is a general rule.

In the statement "please dismiss from ..."

How to write a letter of resignation of your own free will Only an employee's handwritten and signed dismissal statement is the basis for terminating the contract with him! Therefore, this document must be correctly drawn up, taking into account the following:

  • the application does not have a strict form;
  • it must be drawn up in writing (Article 80 of the Labor Code of the Russian Federation);
  • the document can be drawn up on a typewriter or using a computer, or it can be written by hand;
  • the statement must clearly show the employee's intention to terminate labor activity at this enterprise;
  • the application is written two weeks in advance, but not later, before the dismissal;
  • in the application, it is imperative to register the date of the last working day (i.e. dismissal).

What is a letter of resignation In Article 77 of the Labor Code Russian Federation the grounds for termination of the employment contract are listed. One of them is the employee's initiative. When you decide to quit your job, you must write a letter of resignation of your own free will.
A letter of resignation is a personal document required to terminate an employment contract between an employer and an employee on the initiative of the latter. It is assumed that the initiative comes from the employee and his intention is completely voluntary.

Attention

In practice, this is not always the case. However, the application of Article 80 of the Labor Code of the Russian Federation, as a rule, is mutually beneficial: both the employer has less trouble, and the employee has a normal labor record. Another plus is that you can quit even during the period of temporary absence from the workplace.


For example, while on sick leave or vacation.

Important

What to do if in personnel service the application is not accepted or the boss refuses to sign an autograph? First, to rejoice: you are a valuable employee, they do not want to part with you! Second, make a knight move. Try to register the application with the office of the organization as incoming correspondence.


Didn't it work? Then plan B: send it by registered mail with notification addressed to the manager. A postal notice will confirm that the employer has received your message and a visa will not be required. Then work for two weeks and you can be completely free. It's another matter if the application is not signed, the dismissal is not formalized and you don't want to leave.
If after 14 days you continue to work as if nothing had happened, the employment contract will continue. Termination procedure By the end of the termination notice, the employer issues an order to terminate the employment contract.

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Please dismiss with or without with

But there are also special cases. Condition Term of notice of dismissal Stay on probationary period (Part 4 of Article 71 of the Labor Code of the Russian Federation) 3 days Performing seasonal work (Article 296 of the Labor Code of the Russian Federation) 3 days Termination of an employment contract for up to two months (Article 292 of the Labor Code of the Russian Federation) 3 days Termination of an employment contract with a coach or athlete (Article 348.12 Labor Code of the Russian Federation) 1 month Termination of an employment contract on the initiative of the head of the organization (Article 280 of the Labor Code of the Russian Federation) 1 month How to write a letter of resignation No unified form... But there are rules for drawing up a letter of resignation.
The law requires it to be written: handwritten or typed on a computer. The personal character of the expression of will is also emphasized by the signature of the employee.


Without it, the application is invalid.

Dismissal with or without with

Date of dismissal? ya vodolazeg Writes: nee, pomnitsa, it was in this vein that they considered here that if "C" is the 10th, it means that the 10th is no longer working - which means the last working day is 9th. that's why I wrote that it is better to write “dismiss the 10th” without an excuse so that there would be no confusion and doubts. The employee wrote in the statement "I ask to fire from April 9th."


In the order "to fire on April 08". I apologize for the confusion in the dates, I confess, the frames themselves were misled. # 9 IP / Host: 80.250.81. Date of registration: 08/19/2011 Messages: 12,438 Re: Please dismiss from May 10. Date of dismissal? there is no unambiguous practice in this regard. in this case, the problem of using the union of the preposition "s" leads to a possible misunderstanding of the employer of the employee's desire about the date of termination of the employment contract. principle, completely removable contradictions.

Info

The basis for the dismissal of an employee on his initiative, drawn up under an employment contract, is a statement written by him:

  • in any form;
  • addressed to the head of the enterprise;
  • indicating the day of dismissal and its grounds - "of their own free will";
  • with affixing your own signature and the date of drawing up the document.

But the reason for the dismissal can be omitted. And if such is stated in the document, this is not considered an error, as well as a reason for refusing to dismiss.

However, in case of dismissal without working off, you still need to reflect the reason. But you should not deceive - personnel officers can request documentary confirmation of the reason for dismissal reflected in the statement without working off.

In other cases, it will be enough if the document states “I ask you to dismiss me of my own free will” and next to this phrase they put the date of dismissal.
The amount of this child allowance from February 1, 2017 is 16 350 rubles 33 kopecks. This child allowance is paid to one of the relatives who actually takes care of the child. The amount of the allowance is 40% of the average earnings.

When working during part-time parental leave or at home, the right to benefits is retained. When dismissing voluntarily, the employee applies to the employer with a letter of dismissal. By general rule, the employee must notify the management of the dismissal at least two weeks in advance.

This period can be reduced by agreement with the employer.

The employee has the right to submit the prepared application in person, send it by registered mail or in any other way that makes it possible to determine the fact and date of receipt of the application by the organization (letter of Rostrud dated September 5, 2006 No. 1551-6). Settlement with an employee On the last day of the employee's work, make a final settlement with him, and also give him: This is stated in part 5 of article 80 of the Labor Code of the Russian Federation.

If the employee did not work on the day of dismissal, then pay the corresponding amounts the next day after the employee applies for a payment (Article 140 of the Labor Code of the Russian Federation). Attention: for late issuance work book and payment of the final settlement upon dismissal of an employee, material and administrative liability is provided (Art.

234, 236 of the Labor Code of the Russian Federation, art. 5.27 of the Administrative Code of the Russian Federation).
You can apply for dismissal in person or by mail by sending it by registered mail with notification. Do I have to work for two weeks? Yes. But this is again a general rule. According to part 2 of article 80 of the Labor Code of the Russian Federation, it is possible to part even before the expiration of a two-week period by mutual agreement of the parties. If the manager does not mind, the dismissal can be formalized even on the day the application is submitted.

The law also specifies cases when the employer is obliged to terminate the contract within the period specified in the application. For instance:

  • Enrollment of an employee in an educational institution.
  • Retirement.
  • Employer violation labor legislation (it must be officially recorded labor inspectorate, court or labor dispute commission).

Can I get fired for absenteeism if I wrote a letter of resignation? Yes they can.

Sergey Petrov

From what date to write a letter of resignation of your own free will? The answer to this question will be useful to many, because in this way you can increase the amount of calculation. If the date is incorrectly chosen, the worker may stay at the workplace for one or more days.

When is the best time to quit?

Article 77 of the Labor Code of the Russian Federation.

According to Labor Code, namely, the worker has the right to resign on his own initiative at any time convenient for him. The only condition is to notify the boss in advance about leaving.

Article 80 of the Labor Code of the Russian Federation.

The manager should be notified of the imminent completion labor relationsby writing a letter of resignation on personal initiative. The question arises - what is the date to write a letter of resignation?

The law establishes how many days before the termination of labor relations an application must be written and submitted. In order to leave on the date necessary for the worker, it is necessary to enter it in the application, and submit the document itself earlier. The Labor Code provides for the following periods of time to notify the manager:

  • 14 days;
  • 3 days;

For directors and some other senior employees, the employer notification period is longer and is 30 days.

By agreeing with the manager, you can vacate the position at a time that is convenient for both parties.

The general rule when setting any deadlines is to ask to terminate an employment contract with a specific date, and you do not need to use the preposition "with". That is, if a worker asks to be given the opportunity to leave office on April 25, the last day in the institution will be 25, and if he asks to terminate the labor contract on April 25, the dismissal will occur on the 24th.

When is it necessary to give 14 days' advance notice?

If there are no privileges, the dismissal procedure follows the general rules. That is, it is necessary to ask to dismiss in 14 days from the date of writing the application.

It is imperative to put the date when the document is drawn up. If the selected date falls on a holiday or weekend, then the employment contract will be terminated on the day following them.

Example: if an employee wishes to leave on March 25, and the 14th day falls on a day off, then he will be fired on April 11 - the next working day.

Example 2: if a worker wants to become unemployed on June 16, and June 3 is a day off, then the application should be submitted no later than June 2, and if you ask to be dismissed on Monday, that is, on June 5, then according to the norms the dismissal must be made on 19 June. th.

Dismissal in 3 days

In some situations, you can end your relationship with your boss after 3 days.

These include:

  • conclusion of a contract for no more than 2 months;
  • provision of seasonal work.

In this case, the date should be indicated in the document, which will be 3 days later than this one. That is, if you want to start looking for work on Monday, you should write an application not earlier than Tuesday, because if you put the number on Monday as the day of dismissal, it will have to be worked out, because on the day off the dismissal procedure is not carried out.

Quit right away

It is possible to terminate relations with the authorities immediately only in some cases. In this case, the application must indicate a valid reason for such an act.

Substantial circumstances include the following:

  1. The worker has reached the age of retirement.
  2. The worker passed the entrance tests and was enrolled in an educational institution on a full-time basis.

Such reasons include illness or injury, which cannot allow working further.

In order to quit immediately, you must provide the appropriate certificates - for example, an agreement with an educational institution or a medical certificate.

When is getting fired is better?

A person has the right to independently choose the number from which he should be fired. It is necessary to take into account the conditions that prompted the termination of the employment contract: is it expected at a new place as soon as possible, or is it possible to work longer and receive a large amount of payments. Especially important holidays for those who work in shifts, in these cases the work is paid double.

Don't forget about quarterly and annual bonuses. Some bosses draw up orders, which say that the payment of bonuses is possible only for the period worked. Hence, it is advisable to dismiss after this period. The application is written 2 weeks before the desired date of departure.

Only the employee himself should decide on the timing of dismissal, having fully studied the nuances of the process.

Dismissal letter - a document that is drawn up by an employee in order to terminate an employment contract with an employer. There is nothing difficult in compiling it, but it is worth knowing some points, which we will discuss in this article.

Consider possible reasons layoffs that take place in organizations, general rules filing a letter of resignation and give a few samples of application for dismissalthat are used in certain situations.

Possible reasons for dismissal

An employee can be dismissed from the organization in the following cases:

  • Compulsory dismissal of an employee under the article;
  • Dismissal of your own free will.

Compulsory dismissal of an employee under article

An employer can dismiss an employee if he does not comply with the terms of the employment contract. For example, if an employee does not cope with his duties, is absent from work without a valid reason, etc. Each of these cases is regulated by a certain article in the Labor Code of the Russian Federation.

For compulsory dismissal under the article, the organization prepares an appropriate order. In this case, a letter of resignation is not drawn up, since applications are always written on behalf of the employee, and in this case the initiative comes from the management of the organization.

Dismissal of your own free will

Dismissal of your own free will Is the dismissal of an employee on his own initiative. In this case, the employee, for whatever reason, decided to stop working in the organization. For example, when moving to another place of residence, when offering work in another place with better conditions, etc. In this case, the employee needs to write a letter of resignation of his own free will and give it to the employer.

According to the Labor Code of the Russian Federation, the employee must notify the employer of dismissal 2 weeks before that, unless another period is specified in the employment contract. If the employee is on probation, or the contract with the employer was concluded less than 3 months ago, the employee is obliged to notify the employer 3 days in advance. If a manager leaves the organization, he must notify about it at least one month in advance. The timing starts from next day after submitting the application.

Thus, after submitting the application, the employee must work for a certain period established in the Labor Code of the Russian Federation, so that during this time the employer can find a replacement for the employee. note: if an employee, after submitting an application, does not go to work without a good reason, the employer may fire him for absenteeism!

Working off is not required if the employee leaves due to admission to an educational institution, the employee has changed his place of residence, or the retirement date has approached. Also, the employee will not need to work if he has come to a mutual agreement with the employer, which must be formalized in a separate document.

An employee who has submitted an application for dismissal of his own free will can withdraw his application before dismissal no later than 24 hours before the day of dismissal, if another candidate, invited in writing, has not yet been selected in his place. Waiver of dismissal is written in free form. You can also just pick up your letter of resignation.

How to write a letter of resignation?

There are a number of rules that must be followed when drawing up resignation applications:

  • The application can be typed or handwritten on A4 paper.
  • The header is filled in the upper right corner of the sheet. Here the full name and position of the person to whom the application is addressed (usually the director) and the full name and position of the compiler of the application (employee) are indicated.
  • Next, the heading "statement" is indicated.
  • After that, the text of the application is written in free form. Here you must indicate the reason for the dismissal. In case of dismissal of your own free will with working off, it is enough to write "of your own free will." It is also advisable to indicate the date of dismissal. When calculating it, you need to take into account the terms established in the Labor Code of the Russian Federation (see above). note: if the date is not specified, the employer will calculate it himself, and it may not coincide with your planned date!
  • After the main text, you must indicate the date of drawing up the application and sign with a decryption. The application must be signed by hand!

Samples of a letter of resignation (examples)

Below are the examples of applications for dismissalthat are used in various situations.

Sample application for dismissal of your own free will

Let's give 2 examples voluntary resignation applications... They are compiled taking into account two weeks of working off after filing an application:

Director of IT Co. LLC
Vinogradov M.S.
from the programmer
Moshevoy O. V.

statement.

Director of IT Co. LLC
Vinogradov M.S.
from the programmer
Moshevoy O. V.

statement
about dismissal of their own free will.

Based on Art. 80 of the Labor Code of the Russian Federation, I, Mosheva O.V., please dismiss me as a programmer on September 29, 2016.

Sample application for dismissal without working off

An employee can quit without work only in exceptional cases (admission to an educational institution, retirement, change of residence or by agreement of the parties). A sample letter of resignation without work is similar to a regular letter of resignation, but here you will also need to indicate the reason.

Director of LLC "Sphere"
Alimov S.G.
from analyst
Voropaeva E.M.

statement.

I, Voropaev E.M., please dismiss me of my own free will from the position of analyst on March 10, 2016 without working off due to retirement.

Sample application for dismissal with work on account of vacation

If the employee has an unrealized annual paid leave, the employee can spend it on working off. In this case, you need to use

statement.

Sample application for the withdrawal of a letter of resignation

The letter of resignation can be withdrawn with the help of another statement, which must be sent to management no later than 24 hours before the date of dismissal. If the management has not yet found another candidate for the position of the employee, then it will be approved.

Director of LLC "Knizhnik"
Potapova A.Z.
from the seller
Petrova I.E.

statement.

I ask you to consider my letter of resignation of my own free will dated December 25, 2016 invalid.

Content

According to article 80 of the Labor Code, voluntary dismissal occurs at the initiative of the employee due to different reasons: new offer, move or other circumstances. This procedure for terminating an agreement is today considered one of the most conflict-free. The reason is that, unlike the case initiated by the employer due to absenteeism or layoff, no arguments are required, a special procedure and increased compensation payments are not required. Although the procedure for dismissal is simple, it still has its own rules.

Under what article is dismissed at will

Article 80 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation) entitled "Termination of an employment contract on the initiative of an employee (at his own request)" discusses in detail the procedure and rules for this procedure. They relate to reasons, deadlines for filing a petition and cases of termination of work before the expiration of the warning period. In addition, the article contains information on the withdrawal of the application.

The procedure for dismissal of your own free will

Any employee, including a pregnant woman, in accordance with paragraph 3 of Article 77 of the Labor Code of the Russian Federation "General grounds for terminating an employment contract", has the right to resign on his own initiative due to various circumstances. To do this correctly, it is important to know the specifics and rules for terminating an employment contract. This will prevent conflicts with the employer and other problems that will drag out the process for a long time.

Dismissal terms

According to the general rule of Article 80 of the Labor Code of the Russian Federation, the employee must notify the employer in writing about the dismissal by submitting an application to his name 2 weeks before the intended departure. This period begins to count on the next day after the registration of the application. It is important that the application is registered, otherwise the working period may be postponed. Other rules for dismissing an employee at will:

  • 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 the workplace during these 2 weeks (you can go on vacation, on sick leave);
  • the general rule of two-week working off has exceptions (during the trial period - 3 days, and for leadership position - 1 month).

The manager has no 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 receipt. This way you will know when the employer has received the documents. After 2 weeks, you can stop working in the organization. After this period, the employee must be issued a work book and a calculation. Otherwise, he has the right to contact the inspectorate dealing with such illegal situations and labor disputes.

Dismissal letter

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

  1. Surname, name, patronymic and position of the head, name of the organization.
  2. Surname, name, patronymic of the applicant, i.e. the employee himself.
  3. The text of the statement itself. Includes a request to be dismissed from his position on a certain date (it is better to write, for example, "August 1, not" from August 1 "). If necessary, the reason for the termination of the contract is indicated.
  4. At the end, the date of submission of the application, signature and transcript are put.

Labor law allows you to withdraw your petition. This is done in the same form as the application for dismissal initiated by the employee. The manager has the right to refuse:

  • if another person has already been hired in the place of the resigning employee, who, according to the law, cannot be denied a job;
  • if the employee went on vacation (he had to withdraw 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 maintaining the length of service of an employee:

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

It is not necessary to state the reason, unless it is the basis for any compensation payments or cancellation of the period of compulsory service. In general, you should just write "please dismiss me of my own free will." Additionally, you can specify the reason - "in connection with retirement." Other circumstances are formulated in the same way.

Dismissal order

If the letter of resignation of his own free will does not have a clear pattern, then the order about it is drawn up in accordance with 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 of dismissal is drawn up of his own free will with certain details, such as:

  • code by all-Russian classifier 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.

Term of working off

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

  • the employer does not see the need for this;
  • employee has good reason - admission to full-time study, urgent relocation, becoming a pensioner);
  • the employer violated the employment contract;
  • the employee is on sick leave.

Vacation before dismissal

An employee has the right to resign on his own initiative, even during or in front of a vacation. In this case, the application is written in the same form. More often it contains the phrase "I ask you to provide a vacation with subsequent dismissal at will." In accordance with article 127 of the Labor Code of the Russian Federation, the last working day is the last day of the vacation. In this case, you do not need to work out for 2 weeks.

List of documents upon dismissal of your own free will

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

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

Rights upon dismissal of your own free will

Each side has its own rights. For the employee, this is the opportunity to withdraw the application at any time. The employment contract remains in effect if the employee was not dismissed on the last day. The employer has the right to demand from him the full performance of his duties, up to and including dismissal. In case of violation by the head of the labor contract, the employee may not work for 2 weeks, but only if he was able to prove it in court.

Calculation upon dismissal of your own free will

It must be made on the day of dismissal, i.e. the last worker after 2 weeks of work. The final settlement includes the payment of all amounts due to the employee. These include:

Sick leave

An employee can apply even if the date of dismissal falls within a period of temporary incapacity for work. The employer has no right to change it. After the expiration of a 2-week period, the management calculates, issues an order with a note that the employee is absent. You can come for documents and amounts due at any time. The only condition for the dismissal procedure is that temporary disability benefits are assigned within 10 days after the sick leave is granted. It will be paid on the next payday.

On holiday

All calculations in this case and the issuance of a work book in this case are made on the last working day before the vacation. The employee writes a letter of resignation of his own free will on the same conditions. In addition to the salary, the employee must be issued vacation pay. Compensated payment for unused vacation already excluded. An employee can get it if he refuses to provide him with rest.

After vacation

If an employee has already used vacation and decided to quit after it, then he will have to work 2 weeks for general grounds after writing the application. Payments in this case are the same as when leaving work at any other time. These include wages and payments under an employment or collective agreement. If the application was submitted before the vacation with a note of dismissal after it, then the calculation is made on the last working day. At the same time, they issue a work book. If the vacation was provided in advance, then the amount of overpaid vacation pay in the amount of 20% is withheld from the dismissed.

After sick leave

If the employee, after the end of the period of incapacity for work, cannot continue to work, then in the application he refers to this reason and confirms it with documents. In this case, he can be dismissed on the same day with the calculation and issuance of a work book. The person receives compensation for unused vacation, salary and payment for sick leave.

Dismissal in one day

If the employee is unable to continue working, the organization is obliged to terminate the contract with him within the time period specified in the application. To do this, you need to provide supporting documents, for example, a certificate from a medical institution about the disease, from an institute on admission, etc. Writing an application, issuing an order and familiarizing with it in case of early dismissal takes place in one day. The calculation can be made no later than the next day, including salary and compensation payments for vacation.