Is it possible to quit without a job? The procedure for dismissal at the employee's own request - reasons, sample application and calculation procedure.

20.04.2019

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The employee is obliged to notify the employer of his intention to quit 2 weeks before the date of the proposed resignation. These 2 weeks are called compulsory work. However, the law provides for dismissal and without compulsory work.

In Art. 81 of the Labor Code of the Russian Federation lists cases when an employee may not work for 2 prescribed weeks. These are cases such as:

inability to continue their labor activity in connection with enrollment in a university or educational institutions full-time undergraduate and magistracy;
retirement of an employee;
violation by an employee of labor legislation, as well as local acts and provisions of labor and collective agreements;
other cases.

In other cases, labor legislation includes:

moving to another area for work;
sending the second spouse to work abroad;
moving to a new place of residence or for medical reasons;
Caring for a sick family member, a disabled child or a child under 14 years old.

Retirees and pregnant women, as well as mothers and adoptive parents with a child under 14 years of age, can quit without work.

Dismissal without working two weeks

An employee can quit without working the obligatory two weeks in a 3-day period. This is possible when the following circumstances occur:

on probationary period- Art. 71 of the Labor Code of the Russian Federation;
if the employment contract was concluded for a period of less than 2 months - Art. 292 of the Labor Code of the Russian Federation;
if the employee was employed in seasonal work - Art. 296 of the Labor Code of the Russian Federation. This period is provided only for the employee. If the employer decides to fire a seasonal employee, he must notify the latter 7 calendar days in advance.

For an employee to be considered a seasonal worker, this must be specified in the employment contract.

Application for dismissal without working off

In order to quit, an employee must write a statement to the employer. The exact same procedure applies if an employee leaves without work. In the application it is necessary to indicate “I am asking to fire me without the obligatory working off of a 2-week period for the reason….”.
In some cases, the employee must provide evidence that he cannot work out the prescribed 2 weeks. For example, if this is not possible due to moving to another place of residence. To do this, it is enough to present the documents on the statement.

Dismissal one day without working off

An employee can quit one day both by agreement with the employer, and in the event of the occurrence of the reasons indicated above. The employee writes a statement, and on the same day he receives a payment and a work book.
In addition to the above reasons, the collective agreement may indicate additional circumstances of the employee's dismissal in one day. If the employer does not believe that the circumstance that has come is the basis for the employee's dismissal in one day, the latter can apply to the labor commission or to the court to protect his rights.

Legal dismissal after three days of service

As already mentioned, the standard term of working before dismissal is 2 weeks. But there are categories of workers that are not included in this list. At their request, the employer must dismiss them and fully settle them in a shorter period of 3 days.

These employees include:

those who are being tested. In Art. 71 of the Labor Code of the Russian Federation says that if an employee who is on probation decided to quit according to on their own, then he should work only 3 working days;
employees with whom a temporary contract has been concluded. That is, in Art. 292 of the Labor Code of the Russian Federation says that if an employee was hired to work only to perform a certain amount of work (or a certain type of work), and an employment contract was concluded with him for a period of up to 2 months, then before dismissal he can only work 3 calendar days;
workers involved in seasonal work. For example, to dig up potatoes. In Art. 296 of the Labor Code of the Russian Federation says that workers involved in seasonal work, and with whom labor contract concluded for a period of up to 2 months, they can safely resign after the expiration of 3 calendar days from the date of notification of their employer.

The employer must be notified in writing. As a rule, only a letter of resignation is enough. It is considered a notification from the boss.

Employee's obligations upon dismissal

When leaving, an employee must comply with a number of his obligations. These include:

mandatory notification of your manager about the upcoming dismissal. Depending on the reason for employment and the reason for dismissal, the notice period may vary - from 2 weeks before dismissal on the day of the warning;
is obliged to pick up his work book and full payment, which includes:
- salary for the time actually worked from the moment of employment until the moment of dismissal;
- vacation compensation: every employee, even if he has worked for several weeks, is entitled to vacation. Therefore, the employer must pay compensation for it, and the employee must accept it;
- severance pay... In some cases of dismissal, compensation benefits are provided. They can also be fixed in a collective agreement.

Special circumstances

Do not forget that there are some special circumstances in which an employee can quit immediately, without completing a day.
Labor legislation refers to such circumstances:

agreement of the parties. In Art. 77 of the Labor Code of the Russian Federation says that if the parties conclude an appropriate written agreement between themselves, then the employee can quit without working off;
employees who entered the university and begin their studies. As a rule, such a dismissal occurs on the eve of September 1. As a rule, it is known about an employee's enrollment in a university much earlier than before starting school year... Therefore, he can quit in 2 weeks. But if he wants to terminate labor relations just before the start of the academic year, then he must present a certificate from the educational unit confirming admission to the university;
employees who, due to their age, have reached retirement age and are not going to continue their labor activity. The employee's reaching a certain age when they retire by law is not a reason for terminating the employment relationship;
conflict situation with the employer against the background of his violation of labor law in relation to this employee;
dismissal of an employee due to the employer exceeding his official powers as a manager. It often happens that the boss is “forgotten” and begins to insult his employees and use obscene language towards them;
violation of payment terms wages or other benefits. These include vacation pay, severance pay or sick leave payments, maternity pay and others;
workplace a particular employee is not properly equipped, which prevents him from performing his immediate work duties in full force.

This is an approximate list of reasons for dismissing an employee without 2-week work. But as practice shows, there are many other reasons for terminating labor relations without working off. These include:

family or personal circumstances. Such circumstances will need to be confirmed by documents, which is sometimes quite difficult. But if there is an urgent need for a quick dismissal, you can always talk to the manager and sign an appropriate agreement with him;
moving of a spouse to work in another region. For example, a long-term business trip of a spouse, which entails the forced relocation of the whole family to live in another region. The reason is quite valid, but some employers ask to document it;
cases when the health of the worker has deteriorated and he can no longer carry out his work duties. The law also considers that such a reason is a fairly good reason for dismissal. But you won't be able to quit without the necessary medical documents;
families with children under 14;
large families if the parent is dependent on 3 or more children under the age of 16. And if they study at a university, then before graduation educational institution;
there was a need to care for a disabled child or another family member with the first group of disabilities. The presence of such a reason must also be confirmed by medical documents;
pregnancy of the employee. Having a belly is not proof of pregnancy. It is necessary to present to the head a medical certificate from the medical institution in which this pregnant employee is registered. The certificate is signed by the head physician of the institution, the head of the antenatal clinic and the attending physician. Also, the certificate must have the "main" seal of the institution.

Quit without working off by taking a vacation

There is another option for dismissal without actual compulsory work. But it is likely if the resigning person has days of unused vacation. That is, an employee can go on vacation with subsequent dismissal. Then the last day of the vacation will be considered the last day at this workplace. And working off is not required! But you need to reach an agreement with the employer, at least verbally.

Working off or trial

A situation may arise when an employee has legal grounds for dismissal from this employer without completing the due period, and the employer insists on the opposite. How to be in such a situation?

If the employee does not want to "wag his nerves", he can calmly work out the due date and quit. But there is another option - self-protection of their labor rights. That is, he can sue the employer.
The main disadvantage of this method is that the process can take several months. This is inconvenient for either side. Therefore, it is worth looking for options for a peaceful solution to the problem. What can the worker himself do? He can offer instead of himself a replacement, that is, a competent employee who wishes to start labor duties on the day of dismissal. If the employer is satisfied with this option, he will make concessions and release the quitting employee without working off. But if no measures help, then there remains only a solution to the problem in court.

Sample application

To quit, an employee must write a letter of resignation. If he wants to quit without working off, then this fact must be reflected in the application.
An application for dismissal without working off must contain the following information:

the position and initials of the authorized person who accepts such applications;
the full name of the employer;
the initials and position of the employee who is firing. If the enterprise is large, then you need to indicate the structural unit;
the statement itself. Here the quitting employee states:
- a request to fire him on a certain date. For example, dismiss 04/05/2018. Then the last working day will be 04.04.2018;
- a request to dismiss without working off;
- reasons for dismissal without working off;
- a list of documents that the employee attaches to the application to confirm the reason for such a short-term dismissal;
- if dismissal without working off occurs by agreement of the parties, then you can specify the details of this agreement.
When the employee sets out the main text, he indicates the date of writing the application, puts his signature and decrypts it.

It is advisable to draw up the application on the company's letterhead. But, if this has not been developed, then you can write on a regular sheet.

According to the Labor Code Russian Federation, in some cases, the employer can initiate the termination of the contract with the employee. Sometimes the termination of such relations occurs on a mutual desire with the wording "by agreement of the parties." The most common reason for completing an activity is the employee's desire. How to properly resign on your own, observing all the legal subtleties? And what to do when the employer won't let go?

Timeframes and procedure for dismissal

The employee shall give at least 14 days' written notice of voluntary withdrawal. The trainee is obliged to declare the planned retirement no later than 3 days, the leader or sports coach - one month in advance. If the application is submitted, for example, today, the working off begins tomorrow. However, by agreement of the parties, the period established by law before parting may be shorter.

With documentary evidence, persons who are enrolled in educational institutions or who have changed their place of residence can quit without work. The same right applies to pensioners, people caring for disabled people of the first group. The obligation to stay temporarily in place is also removed in the event that the employer has violated the terms of the collective agreement. Important: the fact of non-observance of the employee's rights must be recorded by the court, the commission on labor disputes, trade union or labor inspectorate.

How to properly quit on your own? The procedure is as follows:

Writing a statement before dismissal. For the entire period of warning, the employee retains the right to revoke the document.
Preparation by the personnel service of a dismissal order in accordance with Form No. T-8 (8a). The document must contain the details of the application and a reference to paragraph 3 of part 1 of article 77 Labor Code.
Acquaintance with the order of the employee, confirmation of which will be the signature. If this is not possible, a note is made on the document that the employee refused or was absent.
Making a record of dismissal in the personal account and personal card, work book.
Issuance of basic documents on the day of dismissal. At the request of the employee, copies of the order, certificate (2-NDFL, on wages, insurance premiums) can also be provided.

On the last day of work, a financial settlement is made. If the employee was not on the spot, the entire amount due must be paid within 24 hours after the request. Estimated includes salary and compensation for unused vacation. This also includes additional payments specified in the labor (collective) agreement. Upon dismissal of an employee who was previously granted leave in advance, a recalculation is made. At the end, a note must be drawn up in the form of T-61.

You can calculate the amount of compensation for unused vacation yourself using.

How to write and submit a letter of resignation?

There is no standard application form, but it is still drawn up according to the rules. In the document drawn up to the head of the organization, the full name and position of the employee who wants to leave must be indicated. Then they ask to dismiss "of their own free will" and write on what date it must be done. The reason for leaving is indicated only when they claim to be fired without working. On demand personnel service such a statement will need to be supported by appropriate documents. For example, it can be a copy of a passport with a discharge note and a release sheet, a medical certificate, and so on. At the end of the document, the date of its preparation is indicated, and the signature is put.

It is better to hand over the application to the chief in person in two copies. One sheet should remain with the manager, and the second (with a mark on the acceptance of the document) - with the employee. A duplicate of the application is necessary for the resigning person in case of disputes with the employer. An alternative option for submitting a document is by mail. Send a statement valuable letter, having previously filled in the list of attachments (in 2 copies) and a delivery receipt on the mail forms. This method is good in that the boss will not be able to ignore the document submitted to him, and the employee will have documentary evidence of the fact of delivery of the papers. Important: the working period should be calculated from the date of delivery of the letter to the boss specified in the mail notification.

How to quit during illness or vacation?

A temporarily disabled employee can also leave work of his own free will. If the last day of presence in the office indicated in the application falls on the time of illness, the contract is terminated without the dismissed. On the order, a note is made that the employee was absent, so it was not possible to familiarize him with the document.

An employee can receive a work book himself when he recovers, or by mail. The settlement should be paid to him immediately after the presentation of such a demand. This should happen either on the same day or on the next day. Within 10 days after the provision of the sick leave, the organization is obliged to calculate the temporary disability benefit. The assigned amount is issued on the next payday.

Dismissal on the initiative of an employee can occur before or during vacation. You can write a corresponding statement 14 calendar days before the rest. This can be done directly during the vacation period. In the first case, the two weeks allotted by law are considered working hours. In the application, the request for annual paid leave is supplemented with the phrase “with subsequent dismissal”. The issuance of a work book and settlement with the employee must be made on the day preceding the start of the rest. But it will appear as the date of dismissal, in the papers there will be the last vacation day. Important: if desired, the boss can refuse to provide such rest, since the law does not oblige him to do so.

When submitting an application during vacation, the employer cannot demand an urgent exit from the subordinate to the enterprise. If two weeks of the proposed working off fall on vacation, the employee will no longer have to appear on the spot. He must receive both money and documents related to dismissal during the vacation period. It also happens that it is only partially possible to walk the warning period. In this case, after the vacation, they go to work to spend the remaining days of the two-week work there. Further, the dismissal takes place according to the standard procedure.

What to do when the letter of resignation is not accepted?

If the employer does not accept the application and does not dismiss, the employee can send documents to the office and document management department of the organization. How to do this by mail has already been discussed. Until the moment specified in the application, you should fulfill your official duties in full. The right not to go to work appears when the warning period has expired.

Not having received a work book, you can go to court with a requirement to collect from the organization for all days of delay in issuing documents average earnings(paragraph 4 of part 1 of article 234). The employee is also entitled to compensation for moral damage (paragraph 14 of part 1 of article 21, article 237). The inaction of the manager is subject to appeal in a court of general jurisdiction. You can protect labor rights through the organization's trade union, territorial subdivision Rostrud, prosecutors.

There are also legal problems associated with illegal dismissal at will. It is considered as such when the application for the employee was written by another person or the document is completely absent. If a forgery is found, the employee should file a lawsuit with the requirement to restore it, as well as a petition for a handwriting examination. If a conscientious leader wants to hedge, he must accept only those statements that are written by hand and in his presence.

Another condition under which the dismissal is recognized as illegal is the writing of a statement under duress. It is difficult to prove that leaving work was dictated not by one's own desire, but by pressure from the side of the management, therefore, winning cases of this kind are rare. Procedural violations may be the reason for recognizing the dismissal as illegal. Disregard of the norms is sometimes indicated by the discrepancy between the dates specified in the application and the order.

Thus, so that in the future neither party will challenge the dismissal at will, the letter of the law should be strictly adhered to.

May come as a surprise to management and cause a not entirely benevolent reaction. An indispensable assistant in this case will be the knowledge and application of your legal rights in practice.

If you show how competent in this matter, and are ready to defend your rights, then the leader is unlikely to want to complicate your life.

Dismissal scheme and employee rights

It is your inalienable right that termination of employment does not require employer approval. But, certain rules still exist. The employee must notify management of their departure at least two weeks in advance.

For those on a probationary period or seasonal work - in three days, for managers - in a month. This means that you may be required by law to perform your duties during this time after you apply for resignation. You can leave your job immediately, if the employer is not against it. In addition, you can leave for this time on a planned vacation or take sick leave.

When is it worth waiting for dismissal

If the decision has already been made, then you should not postpone it for a long time, however, in some circumstances, it would be wiser to postpone leaving:

If you haven't been able to find a new job yet. The future employer will certainly ask what caused the break in your career. The shorter it is, the better for your reputation.

If you studied at the expense of the organization. In case of premature settlement, penalties in the amount of tuition fees may follow.

If the company plans to cut staff. Dismissal on redundancy is more profitable, since this provides for the payment of severance pay.

How to properly quit your job

What you need to know about a letter of resignation

The statement in an adamant form indicates that the employment contract is terminated at the initiative of the employee and the date of departure. You only need to argue for it if you do not intend to work it out. In Art. 80 of the Labor Code of the Russian Federation provides for the following reasons why the employer is obliged to release the employee without delay - enrollment in a full-time educational institution and retirement. Facts such as:

Transfer of a wife or husband to work in another area,

Caring for a close relative,

Election to a competitive position.

How to protect your rights upon dismissal

It is worth noting that organizations face heavy fines for non-compliance with labor laws, so they are unlikely to commit such serious violations. If, nevertheless, they refuse to release you, and two weeks after submitting the application, the order of dismissal has not been issued, you can file a complaint with the office of the institution. If these measures did not lead to the desired result, do not hesitate to appeal to the judicial authorities.

In order to confirm the fact and date of writing the letter of resignation:

Make a copy of the statement, certifying it with the HR department,

Submit your application in a valuable letter with acknowledgment of receipt,

Send the application by telegram, having verified your signature with the signalman.

The fact that according to the law you can demand material compensation if your salary is delayed or your work book is not given will help you to cheer you up.

Labor disputes: what you need to know when going to court

What documents are received upon dismissal

On the last working day, check if you have received all the documents:

A work book with a form record of dismissal made in it,

Certificate of the total amount of salary for the last three years,

According to the Russian labor law, an employee who decides to quit is obliged to work the prescribed two weeks. But can you quit early? This rule has exceptions, so in certain cases, and you can leave the organization immediately after submitting an application.

According to the law, a person who decides to leave the job of his own free will must notify the manager of his decision to quit 14 days in advance. This term called working off.

The legislation also regulates other terms for dismissal. This may be in cases where the company has announced a reduction procedure, then the employee is warned about this two months in advance.

The maximum period during which an employee must perform his duties (two weeks) can be reduced in the case when he was initially accepted by the manager on special conditions. They should be written about in. So, are special conditions in the following:

According to him, the employee was hired as part of a probationary period.
The person is formalized for seasonal work. If the manager decided to dismiss the employee, then he must be informed seven days before the order is issued.
The contract was drawn up within the framework of Art. 292 of the Labor Code of the Russian Federation, and its term does not exceed 2 months.

Observing the prescribed term, the employee must also fulfill his obligations related to leaving at his own request:

The manager is notified in writing. The application is written 14 days before leaving, and in some cases - on the same day. Therefore, the timing may be different, it all depends on the circumstances.
The employee is obliged to receive a calculation and a document on labor activity.
Receiving.
Receiving severance pay. This type of payment is usually provided for in a collective agreement.

When working off is not necessary

Is dismissal possible without working off? There are times when an employee is allowed to be fired on the same day when applying. At the same time, the terms of the contract are not violated, and the employee does not deprive himself of the payments due to him. But if there is no reason not to work out 14 days, then you can ask your boss and spend the rest of the time at home.

This method is not without its drawbacks, including such moments:

the employee is not entitled to compensation for unused vacation, as he uses it;
the date of dismissal is in two weeks;
the boss may not let the retiring go on vacation for this time, the legislation gives the right to decide such an issue precisely to the management.

It is possible to circumvent such a formality as working off, if available. If the resigning person has documentary evidence of the fact of violation of his rights by the management, then he also may not work for 2 weeks.

Art. 81 of the Labor Code of the Russian Federation provides for cases when an employee does not need to work out 2 weeks after submitting an application. Let's call them:

retirement;
enrollment in the full-time department of a higher educational institution, in connection with which it is impossible to further extend the work activity;
violation of the law by the employee;
other cases.

Other cases include the following situations:

new job in another city;
relocation of the second spouse to work outside the country;
caring for a baby until he reaches the age of 14, a child with physical or mental disabilities or a sick person;
care adopted child up to 14 years old;
pregnancy.

Is it possible to quit in one day?

How to quit in one day? Dismissal one day is possible, but this practice is rare. More often, very quickly they release those employees who are simply unreliable, for whom they are registered repeated violations labor contract.

There are also official reasons for leaving on the day of application, they are listed in the labor code. Some organizations in their collective agreements provide additional reasons to quit one day.

If the circumstances for which a person would like to urgently leave work without working off do not fit any paragraph 81 of article of the Labor Code of the Russian Federation, then you can revise local acts the organization in which he works. Perhaps there are additional reasons to refer to.

It should be understood that it is not always possible to get a calculation so quickly and immediately after notifying the authorities about their decision. Due to some circumstances, the management of the enterprise may need several days.

Registration procedure

The procedure for dismissal without working off the prescribed two weeks is no different from the standard process. Unless everything is happening faster. The order of registration looks like this:

submission of a written application for resignation to the management of the enterprise;
issuance of a dismissal order;
settlement with the employee and transfer of all documents to him.

If the order of dismissal is issued on the day of writing the application, then sometimes you will have to wait with the issuance of documents and receipt of the calculation. However, the employer must make the calculation no later than the next day after the employee is fired.

Application submission

To quit your job, you must submit to management. The document should reflect the fact that the employee wants to quit in 1 day. Besides, given fact requires documentary evidence.

Such data must contain an application for dismissal of the employee:

the position and name of the person who has the right to register these applications;
the name of the company;
the position and name of the initiator of this document;
the name of the structural unit in which the employee who resigns works;
in the application itself, it is necessary to state the request to be fired from work;
the employee indicates that he wants to receive a calculation without working off;
the reasons for this desire;
a list of papers that must be attached to the application, among which, in particular, there must be papers confirming the need for urgent dismissal;
when the whole process takes place with the agreement of the parties, then it is necessary to indicate their details;
at the end of the sheet the date, signature and initials of the applicant are put down.

The application is signed and submitted to the personnel department in the organization or directly to the management of the enterprise. When accepting a document, an incoming number is affixed to it.

Issue of an order

Filling out a dismissal order is not much different from the standard T-8 form. The only feature of such an order is that the date of its issue and the date of dismissal may coincide or differ by a day. Details and order processing are identical to other forms.

The order signed by the director is transferred to the accounting department to carry out all charges. The employee must also familiarize himself with the order of his dismissal, sign, which will mean consent to the entry of such information.

Labor enrollment

It does not matter whether the employee will work out the allotted 2 weeks or he will be fired in one day, the entry in the work book will be the same. The book contains the article on the basis of which the dismissal was made. An explanation is also recorded in it.

The entry in the work book and the entry in the order regarding the employee must correspond to each other. They cannot be different. In addition to the entry on the page, the following must be present:

date of dismissal;
the signature of the employee of the personnel department who made an entry in the work book;
company's stamp.

Employee benefits

The payments due to an employee upon dismissal with working hours are identical to those paid when leaving without working off. The main compensation consists of money that is paid for unused vacation. But on condition that there is an unused part of it.

Some companies pay extra money to pregnant women and retirees. You can find out whether there are such payments or not by reading the collective agreement or it can be indicated by an employment contract.

Additional payments are received by employees who leave their former place of work by agreement of the parties. To do this, you need to record the exact amount of payments due to the employee in the document.

Thus, at your own request, you can quit in one day. But this requires certain circumstances provided for by law. If they are confirmed, the employer is obliged to dismiss the employee on the day the application is submitted.

It will be interesting for you

If over the years you have accumulated grievances against your bosses or the team, then of course you want to leave, slamming the door and saying everything to everyone. However, it is better not to allow loud scenes upon dismissal in order to leave good memories of yourself with former colleagues and bosses.

Think it over well

Before making an important decision in your life, weigh the pros and cons several times. Probably, doing quit is due to accumulation. Go on vacation, get distracted, change the scene, relax and think about what prompted you to make the decision to quit. Write down all the advantages and disadvantages of your job on paper. Do not be surprised if, after careful analysis and have a nice rest you will realize that not everything is so bad, and you will return to work with renewed vigor.

If you are not satisfied with your salary or position, try to discuss possible prospects. Don't expect to get a raise or salary boost right away, but it is likely that you can find an option that works for both parties. But do not try to threaten, blackmail and use other ultimatum methods, as they never lead to anything good. Once this may well work - the bosses will ask you to stay and give you what you want. But in general, in such cases, the success rate is very small.

When is it better not to quit

You can't quit if you don't have another job in mind! And even if you have a certain sum of money, on which you can live until you pick up new job... The fact is that the more you "rest", the more questions the future employer will then have about a long break. Consequently, your value in the labor market will diminish imperceptibly.

There is no need to quit during the "off season": during vacations and holidays, the number of vacancies decreases, so you are unlikely to be able to quickly find Good work in this period.

Also, you should not quit immediately after training at the expense of the company. The contract for training usually contains a clause that you need to work for a certain period or return, in case of dismissal, the amount that the employer spent on your training. If you do not have such an amount, then you will need to work until the end of the term or until the amount necessary for the return has been accumulated.

Important little things

When publishing your resume on the Internet, do not forget that your company's HR department uses the same sites. Sooner or later the moment will come when they will notice your ad. Thus, you do not need to indicate the name of the company in which you work, and your surname, if you want to find a new job without quitting your old job. Don't talk on your work phone about your new job, don't use corporate email to send letters, don't fax your resume, or block your coworkers when you check your email. Look for a new job outside of the office. For example, you can take a vacation and begin to calmly call other employers and go to interviews.

When you decide to quit, first let your boss know in person, not your fellow workers in the smoking room. Do not tell your colleagues your plans "just like that", because there are a lot of "well-wishers" around. The boss will not like it if he learns about your upcoming departure not from you, but from someone else. When asked why you were fired, say that you want to move forward with your professional development: these general phrases usually work best.

You definitely need to notify your employer about the planned dismissal at least a month in advance if you are in a managerial position, and at least 3 calendar days in advance if you are on probation. By notifying the management in advance, the company will have time to find a new employee for your position. You will calmly hand over all the cases and put all the documents in order, and you will also be able to teach a little newcomer who will take your place. Just in case, you can leave him your contact details.

Communicate with bosses and colleagues in a polite and correct manner. If you have reasons to be dissatisfied, you still don't need to make scandals and ruin the relationship. Do not forget that “a thin world is better good quarrel", So try to save face and behave with dignity. Sometimes it is not easy at all, but do not succumb to provocations, responding with negative to negative. Your future manager can call your previous place of work, and if you are given positive characteristics, it will only be a plus for you.

Organize a farewell banquet and invite all your colleagues to it. This could be a simple afternoon tea or afternoon tea, where you should thank everyone for working together. Send emails to e-mail indicating your coordinates by which you can be contacted. There is no need to break off relations with all colleagues and speak badly about them for, because you never know how your life will turn on and who else will be useful to you.

Step-by-step instructions for the correct dismissal

The letter of resignation should be written by hand, and the text should be something like this: “I ask you to dismiss me of my own free will on such and such a date. Date and signature ”. Do not put the preposition "from" in the date ("from such and such a date"), so that the number you specified will become the last day of work in the company.

Please note that the two weeks of work will be counted from the next day you write your application. During this period, you have every right to withdraw your application and stay with the company. However, you should understand that the attitude towards you will surely change after that. Although, if you are an irreplaceable and very valuable person, then everyone will be happy about your decision to stay.

The employer does not have the right to hold you for more than two weeks. Ultimatums like “until you submit your report, you won't go anywhere” are powerless here.

You can even write a letter of resignation while on sick leave or on vacation. Ideally, the management should sign your application, and you will work out the prescribed two weeks, receive a work book, they will pay you, and you will switch to a new one. life stage... However, what if everything happens differently?

If the boss doesn't want to sign the statement?

How should one quit if the manager does not want to sign the application? A copy of the written statement must be registered with the secretary or in the personnel department, and it must indicate the date, number and signature of the recipient. This will become evidence in the event that the office begins to assure that they did not receive anything, lost, etc. If after two weeks the order for your dismissal does not appear, you can safely write to the relevant authorities: the prosecutor's office, the court or the labor inspectorate.

Another option is to send an application by registered mail with a notification and a list of attachments to the address of your company. The inventory of the attachment must be made in two copies, leaving one of them to yourself. On the inventory, put a postage stamp with the date of dispatch. This date will be taken as the date of application. You can also resort to courier delivery services. The notification indicates the date and time of receipt of the letter, the position and name of the recipient.

Last day of work

On your last working day, the employer must give you a work book, pay the money you earned, compensation for the vacation that you did not have time to use, benefits and allowances (if any). If for some reason you did not receive money on your last working day, then after 3 days you can write a claim statement, which should be registered with the secretary as an incoming document. If after that no action is taken, you can safely go to court, prosecutor's office or labor inspectorate.

In the accounting department, you need to take a certificate of the amount of salary, remuneration and other payments for the two calendar years that preceded the year of your dismissal or the year of applying for the certificate on which you were charged insurance premiums... This document is not mandatory when applying for a job, but it may be required when calculating a certificate of incapacity for work at a new place of work.

If you were unable to come on your last working day for a work book (were sick or were on vacation), then the employer must send you a written notification about the need to pick up the work book. From the day this notification is sent, the employer ceases to be responsible for the delay in issuing a work book to a retiring employee.

Be sure to pay attention to what they wrote to you in the work book. The name of the company must be indicated as in the charter - full and abbreviated in brackets. If you have been transferred to different positions in this company, this should be reflected. The termination record must have the following wording: “ Labor contract torn off at the initiative of the employee, paragraph 3 of the first part of Article 77 of the Labor Code of the Russian Federation. Not a word about reduction! The record must be certified by an authorized person, indicating his position, signing and decoding the signature, as well as putting a seal. You need to sign the traffic log work books, and do not forget to turn in all keys, pass and material values. Say goodbye warmly to colleagues and management - and forward, to new life and to new achievements!