How to quit your job. The procedure for dismissal at the employee's own request - reasons, sample application and calculation procedure. About job description

Content

The procedure for dismissal from work has been worked out in the legislation to the smallest detail - in most cases, the employee needs to warn the manager by writing a letter of resignation and work for another 2 weeks. The question of how to quit without working off may be relevant for those workers who leave work due to own will, but due to life circumstances is unable to work for another 2 weeks. For example, this may be due to life circumstances - health status or moving to another area.

Is it possible to quit without working for two weeks

Article 80 of the Labor Code of the Russian Federation analyzes in detail the issues related to the dismissal at the initiative of the employee, and it is precisely here that the need to work out the required two weeks is legally determined. This period begins to count down on the day the director receives the letter of resignation, regardless of when he endorses it and the preparation of the corresponding order begins.

At the same time, for those who are looking for an answer to the question of whether it is necessary to work out 2 weeks upon dismissal, you need to know that this article of the Labor Code of the Russian Federation also speaks of situations when labor contract must be terminated within the period specified by the employee, or the termination labor relations by mutual agreement between the employee and the employer on the time of working off.

Deadlines for dismissal in the Labor Code of the Russian Federation

If approached strictly formally, then Art. 80 of the Labor Code of the Russian Federation does not require a 2-week working off, but states the need to warn the manager within this period (so that he can pick up a replacement, etc.). For example, if an employee writes a statement about the termination of employment before going on a 28-day vacation, then immediately after the end of the vacation, he will be dismissed of his own free will without working off. The term is also considered if the employee warns the director while on sick leave - upon presentation then to the personnel department of a disability sheet, the days of illness can be taken into account.

Three days

The legislation of our country provides for situations when you can write a letter of resignation without working off and stop working in an organization after 3 days. This applies when:

the employee has not finished yet trial period(Article 71 of the Labor Code of the Russian Federation);
the term of the contract concluded with him is less than 2 months (Article 292 of the Labor Code of the Russian Federation);
the employee was involved in the performance of seasonal work (Article 296 of the Labor Code of the Russian Federation).

2 weeks

According to the Labor Code, a two-week period is the period in which you need to warn your boss that you want to change jobs. In this case, the employee needs to work out the prescribed two weeks from the date of writing the application, and receive a calculation and work book from the personnel department in order to get a new job. In fact, the date of dismissal is determined by the management, having agreed with which, you can terminate the employment contract earlier. In this case, it is mandatory to have written proof of the agreement reached (for example, a visa on your application).

It is convenient that if the situation changes and the employee changes his mind about leaving, the application can be withdrawn. In the case when the employment relationship is terminated by agreement of the parties or upon dismissal after a vacation, this cannot be done. However, if another person was found in place of the leaving employee who draws up employment documents, then it will not be possible to withdraw the application.

1 month when working in a managerial position

Separately, the Labor Code of the Russian Federation provides for situations when it comes to the dismissal of an executive. Art. 280 states the need for a month's notice from the time the employer received the completed application. Similar requirements apply to coaches and athletes - upon dismissal, they are entitled to work for a month (unless the contract provides for another, usually longer period). In all cases under consideration, this is due to the specifics of labor, which does not allow immediately leaving the previous job.

What are the reasons for quitting without a job?

According to Art. 80 of the Labor Code of the Russian Federation, a mandatory attribute is not working out, but timely notification of the manager about the dismissal by signing an application, and there is no difference whether the employee will work for this period or be on sick leave. Therefore, from a legal point of view, it would be more correct to talk not about how an employee quit without working off, but how to terminate an employment relationship with a minimum warning period or without it at all (for example, for pensioners). As a rule, this is due to the presence of good reasons, to which the legislation includes:

Admission to educational institution- University or secondary school for full-time education, when the study schedule does not allow you to perform normally labor obligations. In this case, supporting documents must be attached to the application.
Retirement for well-deserved rest for those employees who have reached the retirement age determined by Russian law. At the same time, if such an employee of retirement age gets a job again, he loses the right to dismissal without working off.
According to the decision of the Plenum of the Supreme Court of the Russian Federation on March 7, 2004 No. 2, a good reason, problem solving how to quit without working off is also a new appointment of a spouse with a change of residence - moving to another city or country. In this case, a certificate of transfer of the spouse to another job is attached to the application.

Special circumstances provided by law

Labor legislation considers special situations when an employee can not work for 2 weeks upon dismissal. These are situations like:

Pregnancy and other family reasons (caring for a sick family member, a disabled child, the presence of three or more minor children) with appropriate documentary evidence.
Non-compliance/violation by the administration of the company of the norms of the Labor Code of the Russian Federation or local regulations. delay situation wages more than 15 days considered in Art. 142 of the Labor Code of the Russian Federation - in this case, the employee has the right to suspend the performance of his duties. If at the same time he asks for dismissal, and the salary at the enterprise is not paid for another two weeks, then nothing needs to be worked out. The situation is similar in case of violation of the rules for paying for the period of sick leave, transferring benefits to pregnant women, etc. Judicial practice shows that justice in these cases will be on the side of the employee.

How to quit your job without a job

Since this procedure may have several different reasons depending on the situation, the actions of the employee or employer will also be different. This may include:

minimizing the period until the termination of the employment contract, if the employee needs to quit as soon as possible (for example, if a more attractive job was found);
reducing the time spent at work (for example, in a conflict with the team, the employee experiences discomfort while in such an environment).

By agreement of the parties

If the parties agree, the employee can be fired without working off two weeks, if the manager is not against such termination of employment and has documented this decision, referring to Article 80 of the Labor Code of the Russian Federation. In many cases, this position will be more convenient for the employee than a two-week working off. However, in this case, it may take some time, because it is necessary to issue an appropriate order, the accounting department to make a calculation, and personnel service fill out a workbook.

Sick leave

Being on sick leave, and having received an appropriate medical opinion about the impossibility of performing previous duties (for example, due to injury), the employee may quit of his own free will. In this case, he provides a disability certificate to the person responsible for maintaining the time sheet in the organization, and can be dismissed immediately upon completion of the sick leave. If the period is less than the statutory 14 days for warning the director, the issue can be resolved by agreement of the parties.

Leave followed by dismissal

According to the law, you can go on another vacation and quit immediately after its completion. These may be situations permitted by labor law when:

The employee wants to "walk" the days assigned to him and asks for leave, because he has the right to do so.
The employee, for various reasons (for example, suddenly found a new job), decides to issue an application while already on vacation. In this case, if there are 14 days or more left before the end of the vacation period, he will be dismissed immediately upon leaving the vacation. If this period is longer, then the issue can be resolved by agreement of the parties.

At the initiative of the employer

Article 81 of the Labor Code of the Russian Federation considers situations where dismissal occurs at the initiative of the employer. These reasons can be divided into two groups. The first includes reasons beyond the control of the employee (for example, a reduction in staff, about which he must be warned no later than two months in advance). The second group is connected with the fault of the employee himself and does not provide for working off. This may be due to:

gross violation labor discipline(truancy, appearing at work in a state of intoxication, disclosing entrusted secrets, accidents due to violation of labor protection rules, committing a property crime);
repeated non-compliance labor functions without good reason;
when working with material values - committing an act that undermines trust;
immoral action of a person performing educational functions.

Sample letter of resignation

In this case, the document is drawn up in the name of the director of the organization in which the employee works. The text is written in free form, but there should be all the necessary information:

In the header of the document it is written to whom it is intended and from whom, for example, to “Director of Boomerang LLC” Smirnov A.V. from the driver Ivanov A.S.”
Further, in the center of the line, the name of the document is written - “Statement”.
The basic part contains a request for dismissal without working off, if necessary, supported by a reference to the legislation, for example, “I ask you to dismiss me of your own free will without working off (according to Article 80 of the Labor Code of the Russian Federation) from November 1, 2017 due to the transfer of my wife to work in another city (certificate is attached )".
At the end, the date and signature is put.

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Whatever the reasons for being fired, the event is almost always stressful. You need to leave correctly, not producing enemies and creating a reputation for a brawler. Observe business etiquette - it always justifies itself.

Quit your job? No problem. I wrote a statement, took the work book - and you are free, like a bird, and your own master. But this is only if you are firmly convinced that you will not be left without income, you have, your home does not hang on your wings, or your requests and needs are so modest that the absence does not frighten you. Otherwise, dismissal should be approached with caution.

They leave for various reasons: they leave for a higher salary or position, find a vacancy closer to home, do not work well with their boss, etc. Accordingly, they behave differently upon dismissal. Some finally tell the boss everything they think about him, others settle scores with annoying colleagues and, leaving, slam the door loudly. The third, on the contrary, have eyes in a wet place due to parting with a friendly team. Someone else cannot hide their joy at the dizzying prospects that are opening up. However, no matter what emotions overwhelm someone who intends to quit, they should not be openly shown. As the proverb says, "Don't say gop until you jump over."

1. Before burning bridges behind you, you need to know for sure that they are waiting for us in a new place

We can remember more than one case when vacancy slipped out from under his very nose. The phone rang and a polite voice said, "We're sorry, but circumstances have changed." Getting rejected is always unpleasant, but it will be even worse if we have already rushed to quit or told about our plans "in secret to the whole world."

Asking back? To invent that we were refused because someone's relative took the vacant position? In any case, our pride will suffer, and for especially impressionable natures, it will also suffer. If no one knew anything, it will be easier to survive the failure.

It is not necessary to devote anyone to your plans in advance, also because the new workplace, which we are so eager to get to, may be of interest to someone from our environment. Thus, we will give a tip, and a person can use all his strength and connections to get ahead of us.

Even the boss, who hears rumors about our intention to quit, can put sticks in our wheels. Of course, he is unlikely to interfere if we worked carelessly. But if we are a valuable employee, on whom he had his sights, who knows if he will not intervene in the course of events. Or maybe he will give unflattering recommendations, dismiss him not of his own free will, but, finding fault with something, also under the article.

So, it is worth taking some steps towards dismissal only after all the details have been discussed with the new employer, the date of entry to work has been agreed and the relevant documents have been signed. But now everything is ready, and now you can

2. Notify your boss

Our task is to part with the boss in a kind way, no matter how we really treat him. After all, the professional circle is quite close, especially in small towns, so the reputation of a brawler, an absurd and unbalanced person is useless to us. Most employers prefer to hire non-conflict people, even if they are inferior in competence and professionalism to others. Knowledge and experience can be acquired, but "the black sheep spoils the whole herd."

It is best if the conversation about dismissal goes face-to-face. Bye . Yes, and it is not known how the conversation will turn out. It depends on the relationship in the team, on the current working situation, our personal relationships.

Of course, the question of the reasons for dismissal will follow (the option that the boss will sign the application without looking is not ours). On the one hand, you can’t tell that his management methods do not inspire confidence, there are no prospects, there is no money, and in general “the fish is looking for where it is deeper, and the person is looking for where it is better.” On the other hand, in order to avoid an awkward situation, you need to answer sincerely, because we are not a professional liar who will not give himself away.

Therefore, we will think over in advance a diplomatic answer to such a question. For example, they received a serious offer that they always dreamed of, there is an opportunity career development, new office not far from home, etc. Finally, it is worth noting that we were glad to work under him, and thank you for the experience gained.

You need to be prepared for the option that the boss, not wanting to let go of a good employee, will offer to increase the salary, a new position, change the work schedule, or something else that can interest and retain. Such a counteroffer from an employer with better and more favorable conditions labor in response to the employee's intention to quit was called controffer. True, upon dismissal, it is received by a smaller part of employees who want to quit. As a rule, these are those who find it difficult to find a replacement. In addition, practice shows that not all employers keep their promises in the future.

Would we agree to such a proposal? According to statistics, young people still prefer not to cheat decision, and those who are over 35-40 are responsible for consent.

Of course, the boss may decide that by announcing the dismissal, we are trying to bargain for a higher salary or position, but nothing can be done about it.

3. Two weeks notice

This period is needed in order to find a replacement and to new employee managed to get in on the action. With the consent of the employer, the period of 14 days may well be reduced. If it is known that it is problematic to find a replacement, it is better to notify the authorities earlier than two weeks in order to avoid possible claims, tears and misunderstandings.

The boss may say that he will not sign the letter of resignation until he finds a suitable, in his opinion, a new employee. You don't have to argue with him. You can go the other way - follow all the formalities and leave a statement in the office with a request to pass it on to the head. Another way is to submit an application. by registered mail with notification of delivery to the addressee, that is, the head. The date of delivery of the letter of application, which will be indicated in the notice, will be the starting date of the 14-day period. Upon completion, we go for a work book and calculation. Do not forget about compensation for the days unused vacation. We can take it not in money, but in days - to arrange a vacation with further dismissal. The last day of vacation will be the last day of work at this workplace.

Of course, in this case, you will have to be patient a little, because the boss will probably be offended and will pester you with nit-picking. And if it’s completely unbearable, as an option, you can “get sick” - go on sick leave.

And one more thing you should know: before the expiration of the 2-week period after the application is submitted, it can be picked up. It happens that circumstances change and the issue of dismissal becomes irrelevant.

4. We say goodbye beautifully

And now colleagues are aware that we will say goodbye to them soon. It would seem that you can relax and allow yourself to be a little late, be lazy, play the fool, leave work earlier, because mentally we are already at a new workplace, in a different team.

As Omar Khayyam wrote: "Do no evil - it will return like a boomerang, Do not spit in the well - you will drink water ...".

There is an opinion that in any conversation the last phrase is remembered: “It is important how to enter the desired conversation, but it is even more important to get out of it correctly,” said one scout. In the same way, it will be right to leave in order to keep fond memories of yourself. So:

We will finish our work area without leaving any “tails” for the employees and without forcing them to clear the rubble.
We will help the employee who replaced us to quickly get involved in work.
We would like to thank our colleagues for their cooperation – if it does not work out in person, then by e-mail.
We observe farewell traditions (treats in the form of tea, coffee, sandwiches, sweets).

Many employers often need to find out how to fire an employee without his will under the law. Given the very strict requirements of labor laws, and the fact that very often employees, especially retirees, do not want to leave, this can turn into a long and burdensome procedure in 2018, which also has many additional risks. Therefore, some employers, as a result, are even forced to conduct activities to their own detriment, instead of looking for information on how to dismiss an employee under the article and without consequences. However, there is always a way out of this situation - after all, labor legislation protects the rights of not only employees, but also employers.

How to fire an employee without his desire by law in 2018

Situations in which an employer wants to dismiss an employee without his desire under the law are extremely common in 2018 - some employees may perform actions that are clearly destructive for the company, do not fit in with the team and spoil the working environment, or the need for dismissal may also be caused by third-party circumstances. At the same time, very often employees use the fact of protection from the law and in every possible way prevent their dismissal. Therefore, with illiterate actions, the employer is either forced to tolerate their presence and incur certain costs because of this, or is at risk of being held liable for illegal dismissal.

However, the law also protects employers by providing them with such tools to influence employees:

This is the best option, as it will allow the employee not to receive negative entries in the work book, and the employer will get rid of possible claims. At the same time, you can both convince the employee to write and draw up an agreement with him to terminate the employment contract - the second case provides for the possibility of providing the employee with any guarantees and payments in accordance with the provisions of Article 78 of the Labor Code of the Russian Federation. However, not every employee will take such actions - if he is determined to stay at work at any cost, then it will be impossible to dismiss him in this way.
The current legislation gives the employer the power to use disciplinary action against employees, up to dismissal for a certain list of misconduct. At the same time, the range of grounds for dismissals is quite wide, therefore, in many situations, the employer has the opportunity to get rid of an objectionable employee if he does not follow instructions or grossly violates labor discipline.
In cases where the main purpose of dismissal is to save the company's finances, it may turn out good option dismissal of an employee without his desire, according to the law, it is a reduction in staff. However, it should be remembered that this method requires the strictest adherence to procedural requirements and is associated with additional costs for the employer.
If it is necessary to dismiss an employee who does not want to quit, having a probationary period will greatly simplify the dismissal procedure. However, with such a nature of dismissal, it is still necessary to take into account many features and nuances, without which it may be invalid.
Repeated violation of labor regulations. If the employee did not commit gross guilty acts, due to which he can be fired immediately, then if there are several disciplinary action, he can still be fired under the article.
Mismatch or insufficient . In some situations, an employee can be fired for inconsistency with the position held or due to insufficient qualifications.
In the event that an employee who does not want to quit, occupies a managerial position, he can be dismissed without other grounds when the owner of the enterprise changes. Sometimes employers even have to specifically resort to a change of ownership in order to fire an employee who threatens the operation of the entire company.
The employer has the right to independently change the working conditions for individual positions or the entire enterprise as a whole, which allows you to put the employee in conditions that will make his further work simply unprofitable. And although the employee has the right not to agree to work under the changed conditions, the employer will have the opportunity to fire him, observing a number of certain procedural actions.

There are some categories of employees who cannot be fired at the initiative of the employer under any circumstances. In particular, a pregnant employee cannot be fired even if she commits gross misconduct and guilty actions against the employer. The ability to dismiss an employee who has a child under the age of three is also limited - if this employee is a woman or the sole breadwinner.

Each of the above methods of dismissal has its own characteristics, advantages and disadvantages, as well as many nuances of the procedural registration of the procedure, so they should be considered separately in order to know how to properly dismiss an employee by law in 2018 if he does not want to quit.

How to force an employee to quit voluntarily or by agreement

In many, even conflict situations, if it became necessary to get rid of an objectionable employee, employers simply do not know how to force the employee to quit of his own free will or convince him to stop working by agreement of the parties. At the same time, there are enough possible actions that can be taken to ensure that the employee makes the right decision, even when he is initially set to conflict with the employer.

First of all, you should use polite treatment with the employee and find out why he does not want to leave and what actions the employer can do for the employee. This may be additional monetary compensation, issued by agreement of the parties, drawing up positive recommendations, or other benefits that may incline the worker to cooperate. However, it is not a fact that the employee will accept them.

Therefore, then the employee should be explained that he will not achieve anything by conflict, and the employer will have significant opportunities to “spoil” the employee’s life. In particular, it is necessary to notify him that a “bad” entry in the work book will significantly complicate employment. In addition, the employer may make a negative recommendation about the employee. But these methods of influence do not work for every employee.

In this case, the simplest tactic of action will be to use all the tools provided by the legislation. For example, initiate the fixing of the employee’s working time, issuing all instructions to him in the form of written orders with acts of acceptance, and fixing each result or error in the employee’s activities in order to find another reason for dismissal. Including the employer may be required to resort to one of the following methods.

The most convenient for the employer will be the dismissal of employees, if initially in the employment contract the working conditions are specified as clearly as possible, but with the possibility of the employer making certain assumptions. For example, an employer has the right to set a low salary for an employee or not to indicate a specific place of work within one locality- then he will have the right to deprive the employee of the bonus part of the salary, if such an opportunity is provided for by local regulations or transfer him from place to place without his consent.

In general, these methods of action are legal, but they cannot guarantee a 100% result. Therefore, if they fail, other methods will have to be used. It should be noted that even dismissal of one's own free will can be challenged in court if it was made under duress. Therefore, the employer should properly record all his actions and the actions of the employee in the process of persuading the latter to quit. If the dismissal was carried out by agreement of the parties, then arbitrage practice demonstrates the minimum number of decisions in favor of the employee, since such a dismissal is almost impossible to challenge.

The dismissal of a pregnant woman of her own free will, as well as by agreement of the parties, is an exception. In this case, the court most often takes the side of the employee if the employer did not provide her with adequate compensation upon dismissal, comparable to the possible benefits that she would have received if she had remained at work.

How to fire an employee for a gross violation

The current legislation provides for a number of grounds on which an employee can be dismissed for a gross violation. However, the employer should remember that each such violation must be accurately and reliably documented in the manner prescribed by law. Gross violations that allow you to dismiss an employee on the sole fact of their implementation include:

This is an exceptional list of circumstances in connection with which it is possible to dismiss an employee without his desire under the law in 2018 due to a one-time misconduct. In this case, the employer will be required to complete the following procedural procedures:

Begin an official investigation regarding the circumstances.
Ask the employee for an explanation.
Issue an order to dismiss an employee.
Give the employee a work book, funds due to him and a certificate of income.

In any case, this procedure can be challenged by the employee in court, and the judiciary imposes on the employer the obligation to prove the validity of the dismissal. At the same time, it should be remembered that during absenteeism for a good reason, an employee cannot be fired if the state of intoxication was not recorded by authorized persons - the employee also cannot be fired, disclosure of secrets or personal data must have all the signs of disclosure.

Notification of the employee and the issuance of all documents related to the dismissal to him must be carried out in the presence of witnesses and with their signatures on the transfer of documents to the employee and, if any, on the refusal of the employee to accept them.

How to dismiss for non-compliance or insufficient qualifications

If the employee does not correspond to the position held or has insufficient qualifications, the employer has the right to terminate the employment relationship with him. At the same time, it should be remembered that this ground for dismissal must indeed take place and certain confirmations. In addition, the very establishment of qualifications and compliance job requirements of an employee must be carried out in independent centers for assessing qualifications, and the employee has the right to challenge their decision.

You can read more about dismissal for non-compliance. However, the employer should take into account that a fictitious dismissal for this reason will in any case be illegal. In addition, the employer will have to pay for services to confirm the qualifications of an employee.

A mandatory step before dismissal on this basis is to offer the employee positions that suit his qualifications. It will be possible to finally terminate the relationship only if there are no such positions in the enterprise, or if the employee refuses to occupy them.

How to dismiss an employee without his desire under the law by changing the terms of the contract

A common method used to fire an employee without his will under the law in 2018 may be to change the terms of the employment contract. According to the law, the employer can make such changes only with the consent of the employee. However, a number of actions and situations allow changes to be made without the consent of the employee.

In this case, the employer only needs to notify employees 2 months in advance of changes in working conditions, including the place of work, the amount or system of payment, official duties in connection with the reorganization production processes. The very fact of reorganization must also be confirmed by internal regulations. Employees who do not agree with these changes should be given the opportunity to take any other vacant position suitable for them in terms of qualifications and health at the enterprise - and only after their refusal or in the absence of these positions, they can be dismissed.

How to get fired on probation

If an employee needs to be fired without his desire during a probationary period, the provisions of the current legislation give the employer additional opportunities to carry out this procedure. In particular, he can inform the employee about his failure to pass the test at least three days before the actual dismissal. In this case, the employer in case of disputable situations should take into account the following nuances:

It is the employer who must provide evidence confirming the employee's failure to pass the test. In their absence, the dismissal will be considered illegal.
The employee must be legally on probation. And this period cannot be assigned to young professionals, pregnant women and minors.

Therefore, basically challenging the dismissal during the probationary period is based precisely on the above two grounds. And it is the employer who should take care of the availability of all documents confirming both the legality of the probationary period and the validity of dismissal due to unsatisfactory test results.

How to lay off an employee without his desire

If it is necessary to reduce an employee without his desire, the employer has the right to do this in accordance with the standards of Article 81 of the Labor Code of the Russian Federation. At the same time, it should be remembered that the employer in connection with such a dismissal has a number of responsibilities:

Advance notification of layoffs. Employees must be given at least two months' notice of impending layoffs.
Mandatory notification of all regulatory authorities. Namely, a trade union organization, an employment center.
Providing severance pay to employees. It is paid at least in the amount of two months' average earnings of employees.
Execution social guarantees for certain categories of employees. Such guarantees include both a complete ban on layoffs for some workers and the right of workers to have priority retention in the workplace.
Everyone's offer vacancies. The employer, as in many other situations, is obliged to provide the reduced opportunity to get other vacancies suitable for them.

You can also read more about the features of layoffs to reduce staff, where all the nuances of this procedure are considered.

How to dismiss an employee without his desire under the law in 2018 - other nuances and features

In case you need to dismiss an employee without his desire by law in 2018, there are also many other additional nuances and features that unscrupulous employees can use to keep them at work. In particular, regardless of the circumstances, the dismissal of employees on sick leave or vacation is expressly prohibited. In this case, it is necessary to notify the employee in writing about the need for him to sign an agreement to dismiss on a specified date, or else - to first require such consent from him.

An attempt to dismiss a pensioner without his desire according to the law in 2018 can cause particular difficulties for the employer. In practice there are no normative documents, which in a special way would regulate the procedure for the dismissal or retention of pensioners at work. The exception is public service of any nature - in this case, the age limit at which an employee can hold a position is 65 years old and he will not be able to challenge such a dismissal.

Keep in mind that, according to Article 80 of the Labor Code of the Russian Federation, an employee is obliged to notify his boss of his own free will two weeks before leaving work. By writing a statement in time, you will save yourself from many problems with the law. In particular, there will be no situation when you need to go to a new place of work, and you have not yet taken your work book and have not received a payment.

You can ask your supervisor to shorten the two-week deadline if needed. That is why it is important to talk calmly and politely, otherwise the chance that you will be met halfway will be small.

It is recommended that you inform your supervisor of the dismissal not two, but three weeks before leaving. This is not yet about filing an application, but about a warning. This will give the company more time to find a new employee.

If a new employee needs to be prepared for your position, you will have more time for this, and subsequently you will not have to be distracted.

With a three-week notice of termination, you can also protect yourself from the point of view of the law. Unfortunately, sometimes employers do not want to let an employee go and delay the dismissal process, frustrating his plans. If you find out in a conversation that they do not intend to let you go, write a statement and send it by registered mail with notification or send it through the office so that your copy is marked with acceptance and the incoming document number. In this case, even without the signature of the manager, in two weeks you will be able to pick up your salary and work book.

How to quit smartly without ruining relationships

In no case do not burn all the bridges, leaving the old job, even if you do not have the best relationship with your superiors and colleagues. This is especially true if management knows where you intend to go to work. You may be given an unflattering characterization, and this is undesirable.

It is not recommended to spend the last two weeks at work as if you did not have to do anything at all. Constant tardiness, breaking rules, unwillingness to do your duty, leaving the office long before the end of the working day and other mistakes can lead to the fact that you ruin your reputation, undermine the credibility of your superiors and, in addition, you can get a fine, reprimand or face other troubles . Remember that the employer pays the last two weeks in the same way as regular weeks.

Sources:

Article 80 of the Labor Code of the Russian Federation
proper resignation letter

Now few people manage to work in one place for a dozen or two years. Modern dynamic life forces us to change not only the place of work, but sometimes the look labor activity generally. At the same time, it is better to quit, leaving a positive impression about yourself.

Instruction

It is not known how your life will turn, so when dismissing, show maximum tact. Let your employer know in advance of your intention to change jobs. Explain your position so that he understands the reasons for your dismissal.

Also, let your colleagues know in advance that you are leaving. This will give them the opportunity to distribute your load among themselves until a new one is accepted to take your place. If necessary, train the person preparing for your position.

Finish all your affairs, fulfill your obligations. As much as possible, report to management to avoid omissions about the work not done. Be especially careful with documentation.

At the end of the working period, organize a tea party for colleagues. Thank them for their help. Highlight each one's best professional quality, especially those that have replenished your personal piggy bank. Do not cut off the established connections: they can be useful to you in the future.

Be sure to check the correctness of the execution of your documents, entries in the work book. This will save you from annoying misunderstandings and wasting time on re-issuing.

Everyone has had to change jobs at least once in their life. Someone leaves easily and simply. And for others, being fired is a real stress. And one of the questions that people who are faced with the need to change jobs are asking is how to quit without problems. It is the fact that the leadership will prevent them from leaving that stops many people. Meanwhile, the Labor Code Russian Federation there is a procedure for dismissal of one's own free will. That's what you should stick to.

Instruction

In accordance with Article 80 of the Labor Code of the Russian Federation, an employee who decides to leave at will must notify management of his decision two weeks before the expected date of departure. To do this, a statement that must be signed by the head. Two weeks begin to count from the moment the application is signed. On the last working day, you should be given a book and make the final payment.

In addition to the legal aspect, there is also a psychological one. Many people are afraid to quit, because they believe that by doing so they will let their leader down. But such fear is misplaced here. If you decide to change jobs, you have a reason for it. First of all, you must take care of yourself and your future. And if you doubt the correctness of your decision, then perhaps you should not rush to make it. It's better to think it over again.

Some, out of a sense of responsibility, announce their departure a month in advance, some even months in advance. If you know that the leader will take this news, then it is really worth saying earlier than two weeks in advance. If you are sure that the boss will take this news negatively and may try to ruin the remaining time of work, inform him strictly two weeks in advance. So you avoid unnecessary worries. And do not worry about where and when you will find a replacement. The manager will not be able to make claims against you if you do everything right. If he tries to do this, you can always refer to the Labor Code, which clearly spells out the provisions for hiring and firing employees.

If you are not officially registered for work, then here you need to be guided by the concluded contract, which should contain the points related to the dismissal. If there is no contract, then you will have to rely on the decency of your employer and that he will delve into your situation and let you go without problems

Sources:

Labor Code of the Russian Federation

The departure of a good and valuable employee is often perceived by the employer as a personal insult. The ability not to quarrel with superiors when parting and maintain good relations with colleagues is a whole art.

You will need

- voluntary resignation letter.

Instruction

Give advance notice of your departure. The law requires you to notify the employer two weeks before the expected date of dismissal. If your position is difficult to quickly find a specialist or you are responsible for a large amount of work, give a few months' notice of your departure. The employer will select a replacement for you, and you will be able to calmly transfer business to a new person.

Choose the right time for a conversation with the employer: “burning” projects that require concentration and attention, important negotiations, stressful situations are unlikely to contribute to the fact that the news of your departure will be received with enthusiasm. Try to choose a time when the leader is complacent, then you are less likely to spoil his mood and enter into conflict.

Explain your reasons for leaving. It is not necessary to say that you were offered a higher salary or a more promising position. Family circumstances or an elementary desire to change the working environment, gain experience in another place are quite sufficient reasons for dismissal. Be firm. Make it clear that the decision is final. And you don't want to compromise. Thank you for your cooperation. Pleasant and sincere words are unlikely to leave a person indifferent. Even if it was fraught with many conflicts and difficulties, find and note only positive moments. Discuss your work with management. Show an interest in ensuring that your departure does not affect the work performed - try to complete all current affairs by the scheduled date of departure and prepare a replacement for yourself.

Be impeccable at work, especially in recent weeks, so as not to give rise to accusations of poor performance of duties.

A small gift for colleagues, a farewell treat will smooth out the possible negativity from your departure. Do not talk about the bright prospects of a new job - people can be unpleasant to listen to such revelations. Show respect for the feelings of colleagues.

Keep your finger on the pulse

There is nothing wrong with looking for the best place to work, even if your current state of affairs suits you perfectly. Browse the job market and be aware of where you can go in case of emergency. As the saying goes, hope for the best and prepare for the worst. Such a passive search for a new job will save you a lot of effort, time and nerve cells in case events do not develop in the most pleasant way for you.

Show your professional value

By doing your best at your current job, you will show your boss that it will not be so easy to replace you. Good employees are rarely fired, usually firms hold on to such people, realizing that without highly qualified people the whole business will fall apart.

Don't take everything to heart

But, unfortunately, it is impossible to fully insure yourself against dismissal - even the best can be fired. Don't worry and take it personally. Just find new job, which will not be difficult, given that you are fully aware of the current situation in the labor market (see point 1).

Find out about benefits

As a rule, for those who have been laid off, severance pay equal to three monthly salaries. So maybe you shouldn't be so upset about being fired.

Look at everything from the other side

Getting fired is not the end of the world, but a chance for you to find a new one. interesting work with a higher salary, in a more convenient location, and maybe even go for a promotion.

Sources:

Sergey Zanin » How to avoid problems when dismissed from work?

If you decide to change jobs, it is important to follow all the formalities. One of them is mandatory. Let us consider in more detail when the employer's requirements are legitimate, and when they can be avoided and quit without working off.

Is it mandatory to work out in 2 weeks upon dismissal

According to the Labor Code of the Russian Federation, the employee is obliged to notify the management of his departure 2 weeks before the dismissal. During this time, the employer will be able to find a worthy candidate, and the worker will be able to transfer all cases in full. "Working out" implies that the employee must notify of his departure, pick up documents and receive all payments. Sometimes an employee is unable to complete a mandatory period of time. For example, if he wrote a statement, and then went on sick leave for more than two weeks. The employer does not have the right to make any demands.

The working period is not always two weeks; you can notify the employer 3 days in advance if:

The probationary period has not ended, the employee has decided to quit, or the employer is not satisfied with the professional qualities and skills of the candidate. The condition is met if the employment contract is concluded for a period of up to three months.
This is seasonal work. The employee must notify the administration three days in advance, if the initiative comes from the company, then it is necessary to give the notice to the employee seven days in advance.
The employment contract is concluded for a period not exceeding two months. Usually in such cases we are talking about the liquidation or closure of the IP.

Persons holding leadership positions (Chief Accountant, manager) and sports coaches (if the contract is concluded for more than 4 months), are required to notify about their departure one month in advance.

Based on the reasons for dismissal, the employment contract can be terminated on the day of the appeal. This rule applies to the case when the employee leaves of his own free will.

How to quickly quit without working off, without a good reason

The employee is not required to work if the management violated the requirements of the Labor Code. Non-payment or delay of wages are not. In such a situation, it is worth writing a complaint to the trade union, the labor commission. The competent authority conducts an audit on the results of which a decision is made. If a violation is recorded, the employer will pay a fine.

The best option is if the subordinate and the employer agree on dismissal by agreement of the parties. The Labor Code does not stipulate mandatory working off or immediate termination of cooperation in such situations. The parties independently agree on the conditions for the termination of employment relations. Even if good relations have not developed with the management, you should not refuse this method of breaking off labor relations. As practice shows, not every director wants to endure an unpleasant person in the state.

Management often makes a big mistake if an employee leaves by agreement of the parties. They require a letter of resignation. This document is not needed, as the initiative may come from management. Employers are also trying to change the conditions of dismissal: they force them to submit a report, complete a series of assignments, or work for several days. These actions are also illegal.

Dismissal without working off according to the Labor Code - a list of cases when working off is not needed

In Art. 81 of the Labor Code lists all exceptions to the general rule.

An employee may not work the due date if:

enrolled in a university or educational institution for a bachelor's or master's full-time department;
retires;
violated the Labor Code, local labor laws and the collective agreement;
he or his spouse (s) are moving to another city/country for work;
changes the place of residence for medical reasons;
caring for a family member, child, disabled person.

The exception also includes pregnant women and mothers with a disabled person, a child under 14 years old. In this case, a copy of the birth certificate is attached to the application, medical certificate or any other document confirming the status of the child.

If we are talking about caring for a family member with a disability, then as supporting documents you can attach:

a certificate from the housing office on the residence of relatives with you;
copies of passports with the same registration;
a copy of the medical report, and state in the application that the person needs your care.

The letter of resignation should be certified in the office, and the document itself should be sent by mail with notification. If an unreasonable refusal follows in response, then you will have to go to court.

Quit of your own free will

The best way to quit your job without working off is to take advantage of the accumulated vacation days. Every officially employed citizen has the right to a certain number of days of paid leave. Minimum - two weeks, maximum - 56 days.

The employee writes a statement in which he indicates that he will quit immediately after the vacation. Since the application for leave is supposed to be written at least a month in advance, the requirements of the Labor Code are met. The advantages of this option are that the last day of work is the day of vacation, for which a person receives money. During this time, you can look for a new place.

If the vacation has not yet been used, but it is due, then the employee is paid compensation. This rule applies even to minors and pregnant women. If an employee has not rested for two years in a row, then he can take legal leave, and for the second he will receive cash. "Walk away" two holidays will not work.

If a person falls ill during the rest period, then, if there is a sick leave, the vacation can be postponed or extended for a few more days.

To take unpaid leave without giving reasons before dismissal have the right:

WWII veterans;
working pensioners;
disabled people;
military family members.

Dismissal at the initiative of management

It often happens that staff are fired due to staff reductions. According to Art. 81 of the Labor Code, the employer must notify about this two months in advance and pay compensation. Some managers are trying to "slope" from this responsibility and force subordinates to write statements at their expense. This is illegal and such a dismissal can be challenged in court. Otherwise, a person loses the right to receive monetary compensation in double size.

What documents will need to be presented

The employee must write an application addressed to the employer.

It should contain the following information:

position and full name of the head;
position and full name of the authorized person;
employer name, structural unit when it comes to a large enterprise.

If the management goes towards a subordinate who does not have a good reason for dismissal, then the latter needs to indicate in the application the wording “I ask you to dismiss me without working off 2 weeks ....”. You should also list the documents confirming the short-term dismissal. After the text, the date of the application, signature and initials must be indicated.

How to quit your job without working off - step by step instructions

If the employee does not have a good relationship with the management or there is no good reason, it is quite difficult to quit without working off, but it is possible. Let's consider in more detail the algorithm of actions.

Make a decision to leave

The first step is to make a firm decision to change jobs. It is best to choose a new springboard for activity in advance than to go nowhere.

Write a letter of resignation

Write an application according to the model with the obligatory indication of the conditions for leaving without working off. The document is drawn up in two copies. The first is transferred to the employer, and the second is certified by the office. It remains with the employee and, in the event of a dispute, will serve as evidence of compliance with the law.

Wait for management's decision

During working off for any reason, the employee is obliged to regularly perform all his duties. If an employee fails to come to work for no good reason, he may be fired under the article.

Get paid, vacation pay

On the last day, the employee must pay off: pay the salary and vacation pay, if any. If for some reason the employer delays the payment of funds, then for all days of delay he must pay the average daily salary. If the employee took a vacation, then the last working day is considered the last day of the vacation. On this day, he should receive full payment.

In case of violation of the terms for receiving the calculation, the employee may require a payslip, taking into account the accrued penalty. The latter is calculated according to the following formula:

Penalty \u003d (0.003 * Central Bank refinancing rate) * (Salary + Vacation pay)

This amount is charged for each day of delay.

If during the working period a worthy candidate for the position was not found, then the employee may cancel his application. The management has no right to interfere with him, since he complied with all the requirements of the law.

Pick up all documents, labor, hand over special. shape, etc.

On the last day or a few days before the dismissal, the employee is given a bypass sheet. This is not a mandatory document, but it is often used on large enterprises. An employee could interact with several departments. Therefore, the employer must be sure that the employee does not have any "debts" to the company. By “debt” is meant not only financial debt (for example, unused funds under the report), but also other IBEs. This may be a non-returned work form, books from the library, a pass, etc.

With a bypass sheet, employers are trying to “scare” the employee that he will not receive his payment. But these actions are illegal. Moreover, the obligation of the employee to pass the bypass sheet should be spelled out in the employment contract. Otherwise, its use is also illegal.

A serious violation is the refusal to give the work book. If such a situation has occurred, then the employee must be compensated for the damage for each day of deduction, since the absence work book does not allow a person to get a job.

The date of dismissal in the document must correspond to the day the book was issued in hand. If the document was not handed in on time, then you need to write an application for compensation and change the date of departure. If the employer refuses to comply with these conditions, then you can immediately go to court. The main thing is that no more than a month has passed since the dismissal. Otherwise, the statement of claim will be accepted only if there are good reasons for such a large delay, and the chances of the management to win the court will increase significantly. The employer is not responsible for violation of the deadlines for receiving the book, if the employee himself did not come for it, ignored the management's notification or agreed to send the document by mail.

What to do if the boss does not let go from work without a two-week working off

If there are good reasons for dismissal without working off, the employer does not have the right to deny this right to the employee. In practice, such situations occur frequently. In this case, it is better to contact the trade union or the Labor Commission. If the employee still wants to come to a peaceful solution, then he can offer a replacement instead of himself. If the employer is satisfied with this option, then the employment contract may be terminated on the day the application is signed. If it was not possible to reach a consensus, it will be necessary to move to higher bodies.

For example, in the labor inspectorate. This government agency accepts the application, both in person and by mail, in in electronic format. You need to “sneak” into the inspection of the region in which the company is registered.

In extreme cases, you should write a statement to the court. Proceedings can take several months. When it comes to self defense labor rights, then these measures will be justified. After a decision is made in favor of the plaintiff, the employer is obliged to reinstate former employee, calculate and pay him compensation for downtime.