How you can quit your job remotely. Remote firing. Interaction with the employer when working remotely

The protection of the employee's rights is a priority in labor law. Thanks to this, a person can terminate the employment relationship with the employer at any time and without giving reasons. To do this, it is enough just to submit an application, while the personal presence of the employee is not necessary. Remote firing allows a person to end an employment relationship by on their own or for other reasons, without a personal presence in the office, which is especially important in case of bad relations with the organization's management.

Basic information and factors

V Art. 80 of the Labor Code of the Russian Federation it is described how the dismissal procedure takes place, if the initiator is an employee. The main requirement is to inform the manager in advance of his intention to terminate the employment contract. Under normal conditions, this must be done 2 weeks before the desired date of dismissal, however, the period may be reduced depending on the type of employment contract and other reasons.

It's important to know! The current legislation does not establish any requirements for the personal presence of an employee during the procedure for terminating an employment contract, which allows this to be done remotely.

Remote firing has its advantages and disadvantages. Among the factors that could influence the choice of this particular method, it is worth highlighting:

• territorial - a person can apply for dismissal at any time, including while on vacation, on sick leave or under other circumstances when personal presence in the office is impossible. In such situations, the only option for filing an application is to send the document to in electronic format;
• temporary - by remotely sending the application, the employee saves time, since there is no need to visit the office and the personnel department. The procedure will be especially relevant for citizens who have already found a new place of work and are currently undergoing internship or training that require constant presence;
• personal - most employment contracts are terminated for personal reasons, in particular poor relationships with a manager or other employees. Thanks to the remote sending of documents, the need for a personal meeting is eliminated.

When choosing this method of tearing labor relations it is required to find out the email address of the company in advance for the further sending of documents. It is worth considering that not all firms practice remote dismissal due to a number of reasons, for example, a lack of knowledge among the personnel of the personnel department or the manager.

Procedure for procedure and payments

A person, even in the absence of good reason, can send a letter of resignation by mail. The main condition is compliance with the termination procedure.

At the first stage, the employee must draw up a statement. At the legislative level, a single form has not been established, which allows it to be formalized in a free form. It is required to reflect information:

• company name;
• Full name of the head in whose name the document is drawn up;
• Name and position of the employee;
• on the basis for dismissal - the employee's own will.

At the end of the document there must be the applicant's signature and the date the document was drawn up. To prevent possible problems it is recommended to notarize the signature in advance.

It's important to know! The date of drawing up the application is put down only at the request of the employee himself. If the person did not indicate the date in the application, then the dismissal is made 2 weeks after the receipt of the document.

With valid reasons, which are also spelled out in the legislation, the dismissal is made without working off. This will require the consent of the manager, written evidence of the reason and an indication in the application that the dispatch of the labor and documentation package can be made by mail, and not in person.

When the employee has completed the application, it is sent using a registered letter. Upon receipt and consideration of documents, the head issues an order and prepares a return package of documents, which will also be sent by registered mail with notification.

It should be noted that notification is mandatory in both cases.

All documents that are sent must be completed in accordance with Article 80 of the Labor Code of the Russian Federation.

Sending is done on the last working day. The letter itself must also contain a signed list of documents. This is where the dismissal process ends.

With remote dismissal, you can also withdraw the application. To do this, you will need to use mail or appear in person.

There is a nuance regarding the calculation. It is produced according to the standard scheme. If the sending of funds, including salaries and other amounts, is usually carried out by bank transfer, then the employee does not need to specifically indicate where to transfer funds.

If payment is made in cash, then you need to indicate the account where all funds that are relied on in the calculation will be transferred.

Nuances and jurisprudence

The distance care option has a number of nuances that you need to know before starting the procedure. Peculiarities:

• there is an increased risk of being fired in an illegal way;
• postage difficulties and a long delivery time, since the countdown of the procedure begins exactly from the moment the head receives the letter;
• the employer himself cannot confirm the actual signature of the applicant, which often leads to errors.

If the signature is forged, the dismissal is recognized as illegal, and the employee will be reinstated in his position. Upon receipt of a letter, the manager must receive information personally from the employee, including by phone or first ask to notarize the document. This makes the procedure more reliable.

The main advantage of remote dismissal is the absence of the need for a personal presence on the last working day to receive all documentation and other procedures. It is better to coordinate the entire procedure with the authorities in advance, as well as draw up all documents in accordance with the requirements.

In case of illegal dismissal, an appeal to the court will be required. In judicial practice, the decision is based on proof that the signature on the application does not belong to the employee. In this case, the dismissal process is considered illegal.

When firing remotely, you must follow the basic rules. If the documents fully comply with all the requirements, the manager must accept the application and dismiss the employee within the appropriate time frame. In case of illegal dismissal, any employee must contact the appropriate authorities, which will carry out a graphological verification of the signature.

To date, the law prescribes the possibility of an employee completing work if he has such a desire, especially when it comes to changes in his personal life. But unfortunately, there are situations when the head office of the company is located in another city. Of course, it makes no sense to go and spend money on travel for the sake of dismissal. There is a way out, since it is quite possible to quit your job remotely. Such a process can be carried out completely legally, but you need to know about your rights.

To date, it is not spelled out in human labor law that it is prohibited to carry out the dismissal process offline, that is, remotely. It is also worth noting that the legislation presupposes certain norms of such a process.

So, the correct sequence of actions is based on legislation. Article 80 of the TC Russian Federation it is indicated that the direct employee must, in the form of a letter, notify the management of his desire to leave a certain place of work. But the law does not specify that such an application must be submitted personally by the employee, it can also be sent by mail.

Everyone knows that after submitting a letter of resignation, you need to work two weeks until the company finds a replacement. In this case, the letter, given the remoteness of the main office, takes a long time. In this case, the two-week deadline starts from the time the letter reaches this head office.

On the basis of paragraph 1 of Article 84 of the Labor Code, after the employer receives the letter, he must familiarize his subordinate, who wants to quit, with a certain document. There are cases when on the last working day, due to personal matters, the employee may not be at the workplace. In this case, the company records his absence and makes a certain entry in the document. This document is then sent to this employee also by mail.

On the basis of the norms that are spelled out in article 84.1 of the Labor Code, the direct employee must be handed a work book when he is fired, the law even establishes certain time norms. If there is no such possibility within a certain time frame to do this, then the company sends a notification that it is necessary to appear for this book, or the document, with consent, will be sent by mail.

What the Labor Code of the Russian Federation says

At the level of the law, all the necessary components of the dismissal of a remote worker are provided, because different situations can be in a person's life. But in what cases is it allowed to carry out such a process. The law does not contain a list of reasons why one can resign offline. It is for this reason that a similar issue can be resolved through the interaction of the employer and the employee himself. Based on the experience gained, people often quit for the following reasons:

In general, the employee has the opportunity to quit in this way if he has any reason that is considered valid. But in this case, no one knows how the direct employers will look at it.

Undoubtedly, such dismissal processes can bring with them certain types of difficulties. This is more true for persons who are financially responsible, because upon dismissal, they must hand over documentation and valuables. Such situations always involve a working off process.

Step-by-step instructions for dismissal

Today, remote work is quite widespread and even justified by law in article 49, paragraph 1 Labor Code... This way of working has a certain scheme for both hiring an employee and firing him. Such norms were introduced into the work with the help of article 84.

So, step-by-step instruction this type of dismissal. When an employee decides to leave, he must:

• write a corresponding statement;
• wait for the issuance of a certain order;
• familiarize yourself with this order;
• get a work book;
• receive payment upon checkout.

Even with remote dismissal, all of the above procedures are carried out in the same way, even despite the fact that the employee is absent. But there are certain situations when the procedures change, but not drastically.

Correct paperwork

It is quite possible to fire a remote worker at the initiative of the employer, or at his own request. The letter of resignation takes into account all the direct norms of Article 80 of the Russian Federation, which states that the employee must notify his employer exclusively in writing. Therefore, the first step in dismissal is to write a letter of dismissal.

The letter of resignation remotely has its own differences. The first difference between such documents is the certification of the employee's signature by a notary. This minimizes the likelihood of such a document being forged. Justified by the fact that the underscore and signature of all employees is impossible to remember. In case of forgery of this document, the company is subject to a fine.

The written application must be sent to the company using a certified letter. You also need to order the receipt of a notification that the letter has been delivered, because it is from this moment that the countdown of the two-week working off begins.

At the expense of the sent application, the heads of this enterprise make a decision to terminate cooperation. It is also necessary for the employee to read the relevant dismissal order and sign. But this process is impossible to carry out due to the great distance and the absence of a direct worker.

The way out of this situation is as follows. You need to make a copy of that very order of dismissal and put a certified seal on it. Such a copy is sent by means of a registered letter to the employee himself, and at the same time the date of the time when the letter was sent is entered in the original document. This is necessary in order for the order to be sent to the employee for review. In the best case, company executives need to add copies of other documents to the letter itself.

The process of drawing up a work book

Many are wondering whether it is possible to quit remotely and how to pick up a labor at the same time. An entry in a work book is entered according to the same principle as in the process of dismissal of a standard type. On the basis of the norms that are specified in the law of the Russian Federation, representatives of the management must issue an employee with his work book, but here the immediate absence of this employee is already an obstacle. It should be noted right away that the option with the absence is also provided for in the legislation. Therefore, there are certain options in the remote type of dismissal.

After such a process, the company's management and the company itself are not to blame for the delay in issuing a work book. In this case, the person who quits decides how urgently he needs it.

This scenario implies two ways out:

• First option based on the fact that an employee cannot come for a book and asks to send it by registered mail;
• Second option considered in the case of the employee's ownership of this issue. When sending a copy of the document, a request is sent immediately to send the work book by mail. This option speeds up the process.

The second case allows you to get a work book much earlier.

Payments and compensation

The norms and rules for payments are specified in the law in article 140 of the Labor Code. The entire calculation in terms of finance should be made on the immediate day of the employee's dismissal. Accordingly, if you do not violate the law, then the money will be transferred to a bank card without any delay.

It is very good that the law specifies two calculation options, this is either at the place of work, that is, the main office, or by translation Money to map. But, unfortunately, today there are still such enterprises that issue money at the cash desks and under the signature of employees. In this case, you need to send another document with a request to send funds to a specific card. It is also possible to agree to dispense funds from the enterprise to another person, but the person must be verified.

The fact that the process of leaving the work of an employee is carried out remotely, the timing here will be appropriate. In this case, it takes time to exchange letters by mail. For the delivery of one letter, you will need to wait from two days to a week, depending on how far the main office is from the employee's place of residence. Also, the term will be affected by the time of consideration of the letter of resignation.

Determining the date of dismissal

The legislation says that the countdown of two weeks' work begins from the period when the certified letter was received by employers. The employee receives a notification about this if he orders it. This is a must-know, because many people think that this moment begins from the moment the letter is sent.

Also, the law says that an employee arbitrarily cannot but go to work in two weeks. Such actions during the confluence of certain events can be regarded as absenteeism. If the employee works after the expiration of the term of employment, then his application sent to the head office will simply be invalid and the cooperation of the two parties will continue.

Both in the first and in the second case, with remote dismissal at will, the start date of the term of service should be documented, because otherwise there will be just confusion.

Some nuances

The most significant and main problem in this case may be doubt about the truth of the letter of resignation sent. This letter can be forged and that is why it must be notarized. It is necessary to use the work of a notary, because the absence of his confirmation can significantly slow down the process.

Certain problems may also arise. Such nuances often arise when the main rules of the remote dismissal procedure are not followed. Very often, problems in judicial practice appear after the initiative of the enterprise to dismiss an employee. From that moment on, they begin to disregard the rights of the employee. Not many people know how to quit remotely from work without working out.

Based on the law, an employee who was fired for one reason or another has a month to resolve the issue of illegal dismissal. If this issue is resolved in court, then it will not be possible to resolve this remotely and will have to be present in person. In general, the process is simple, the main thing is attentiveness.

In life, each person is faced with certain difficulties, the solution of which requires a deviation from some traditional rules and foundations. Working relationships are no exception. If you are located in another city, your place of work is in a completely different region, and there is a need to terminate the employment agreement - it is not necessary to make a long way to a personal meeting with your employer, you can quit remotely.

How to quit your job remotely?

Today, dissolution is not prohibited at the legislative level labor agreement remotely. Moreover, legal regulations a certain order of this process is regulated.

Art. 80 of the Labor Code of the Russian Federation says that the employee must provide the employer with a written notice of dismissal exactly fourteen days in advance. But the article does not indicate the exact form this action... That is, the appeal can be submitted both personally to the boss, and in electronic form, sent, for example, by mail.

The following articles of the law state that the absence of an employee on the spot in the last working days does not exclude the day of his dismissal. In other words, the employee will in any case be dismissed 14 days after the filing of the appeal (unless other reasons for canceling the employment agreement are considered). The only difference is that the absence of the employee will be recorded in the documents.

The law also does not establish cases when it is possible to resign remotely. Presumably, this rule applies in a number of situations:

• moving to another city for personal reasons;
• inability to move for health reasons;
• conflicting relationships with the employer or other workers;
• maternity leave and, accordingly, difficulties in movement, etc.

Dismissal remotely without working off

As previously defined, remote work at the legislative level, it is no different from other ways of performing their duties. Accordingly, the Labor Code of the Russian Federation establishes a number of cases when an employee can quit without obligatory two-week work:

• agreement with the employer;
• enrollment in an educational institution;
• retirement;
• violation by the employee of corporate or federal regulations.

Persons who can quit in one day include retirees, as well as pregnant women.

How to write a letter of resignation remotely?

The letter of resignation, remotely or in the traditional way, is no different from each other. The same requirement remains - a written form and the need to notify the employer two weeks in advance.

A little advice. In order to avoid mistakes and disagreements, the employee's statement should initially be notarized. For remotely means, at least, taking into account the time factor. Also, in this situation, counterfeiting is not excluded, which threatens the company with administrative sanctions.

How to fire a teleworker at the initiative of the employer?

How to fire a teleworker without breaking the law? Observe the rules and regulations established by the employment contract.

The employer is obliged to send the employee in electronic form not only a notice of termination of employment, but also a copy of the order.

Dismissal of a remote employee of their own free will

The employee can personally cancel the employment contract. In this particular case, it is enough to write an application and send it to the employer in two weeks. The grounds for leaving of their own free will can be justified reasons of the employee himself, which he can indicate in his application also at his own request.

How to fire a teleworker for absenteeism?

Failure to comply with work duties due to absenteeism is a very common situation among unscrupulous employees. It is very difficult to monitor compliance with this requirement among telecommuters.

This method of terminating an employment contract has a number of distinctive features:

• the absenteeism act is drawn up and sent to the employee on the same day as he did not present a report on the work done;
• then an urgent request is sent to the employee to explain his behavior. If the employer does not receive an answer, an appropriate act on non-receipt of explanations is drawn up;
• you can also draw up a protocol on the creation of a visiting committee. This group of specialized persons checks the place of direct work of the employee and finds out the reasons for his failure to fulfill his duties;
• after completing the above actions, the preparation of a dismissal order follows. Of course, in the absence of valid reasons.

Thus, the activities of a remote worker are legislatively similar to an ordinary, traditional worker, however, undoubtedly, it has distinctive features... In order to avoid any embarrassing situations, the time and organization of a remote worker should be initially set in the employment contract.

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More than a year ago, the Labor Code was amended chapter 49.1, which regulates the work of teleworkers. During this time, many personnel officers managed not only to conclude a full-fledged employment contract with freelancers in electronic form, but also to terminate labor relations via the Internet. We found out what difficulties accompany the procedure for dismissing telecommuters. What are the reasons for dismissing a remote worker? What date should I put in the order of dismissal, which is sent to the freelancer by registered mail? In what order is the record of dismissal made in the work record book of the telecommuter?

General grounds for dismissal

It is possible to terminate an employment contract with a telecommuter on general grounds, as well as with other employees ( Art. 77 of the Labor Code of the Russian Federation). For example, by agreement of the parties ( Art. 78 of the Labor Code of the Russian Federation), due to the expiration of the employment contract ( Art. 79 of the Labor Code of the Russian Federation), at the initiative of the employee ( Art. 80 of the Labor Code of the Russian Federation) and etc.

The labor legislation and other acts containing norms apply to telecommuters. labor law (part three of Art. 312.1 of the Labor Code of the Russian Federation). This means that when you decide to fire such an employee due to a reduction in the number (of staff), make sure that he does not belong to the category that is prohibited from firing. For example, an employee is in charge of minor children whom he brings up without parents ( Art. 261 of the Labor Code of the Russian Federation). Find out if he has a pre-emptive right to stay at work ( Art. 179 of the Labor Code of the Russian Federation), and etc.

Note that the teleworker does not travel with the organization. Therefore, it is impossible to terminate the employment contract with him in connection with the refusal to transfer to work in another locality together with the employer ( clause 9 h. of the first art. 77 of the Labor Code of the Russian Federation).

Additional grounds for dismissal

In addition to the general grounds in an employment contract for teleworking, it is possible to establish additional grounds for dismissal at the initiative of the employer, which are not in the Labor Code ( h. first art. 312.5 of the Labor Code of the Russian Federation). They should be clear, clear and specific in order to avoid controversial situations and ambiguous interpretation of the terms of the contract.

If you conclude an employment contract on teleworking, then indicate in it that the dismissal of an employee is possible on general grounds provided for by the Labor Code, and also establish additional grounds for dismissal in the interests of the employer

In addition, additional grounds for dismissal at the initiative of the employer must necessarily be related to the functions and duties of the employee. Practice has developed several typical reasons for the dismissal of a telecommuter, which are most often included in employment contracts. These are, in particular:

- repeated, more than three times, non-compliance with the deadlines for completing the work entrusted to the employee or non-compliance of its results with the requirements enshrined in the employment contract;

- repeated, more than three times, violation of the deadlines for submitting reports on the work performed;

- refusal of an employee to use information security tools provided or recommended by the employer, etc.

Is it possible to fire a remote control for absenteeism?

It seems extremely difficult to fire remote controllers for absenteeism, which is explained by the impossibility of proving the fact of absenteeism. The nature of teleworking involves performing labor function outside the location of the employer and outside the stationary workplace. Here, the main condition is the use of the Internet by the employee to interact with the organization ( h. first art. 312.1 of the Labor Code of the Russian Federation). In fact, the nature of distance labor relations is close to a contract for the provision of paid services, when the result of the work is paid, and not the time spent on its execution. Remote worker has the right independently determine the working hours and rest hours, unless otherwise provided in the employment contract ( h. first art. 312.4 of the Labor Code of the Russian Federation). That is, it all depends on what working time regime and its control are established by the labor contract for the telecommuter.

Often a situation arises when it is necessary to ensure the participation of a remote employee in production process simultaneously with workers at stationary workplaces. Then, in the employment contract, you can specify the working time regime ( h. first art. 312.4 of the Labor Code of the Russian Federation). For example, set a five-day work week (40 hours) with two days off. In this case, the employer can dismiss the employee for absenteeism, provided that the procedure for such dismissal is followed (Art., 193 of the Labor Code of the Russian Federation).

To date arbitrage practice on the dismissal of teleworkers for absenteeism has not yet formed, therefore, there are certain risks in the procedure for such dismissal, and each employer has the right to decide for himself whether to take these risks or not.

Two options for document exchange

In the section "Labor disputes"

you will find a court decision that notification of the employee about the need to obtain a work book removes the employer's responsibility for its delay (help.kdelo.ru/sn/item4936?catId=4334)

Termination of an employment contract with a remote employee can be formalized both in the traditional way (on paper) and electronically. Paper option consists in the exchange of documents through regular mail by means of registered letters with notification of their delivery to the addressee ( ch. 49.1 of the Labor Code of the Russian Federation). In practice, many employers invite a telecommuter to come to the office to sign the necessary papers (sample below).

If the telecommuter and the employer have agreed to interact through the exchange of electronic documents, they both must have enhanced qualified electronic signatures ( h. fourth art. 312.1 of the Labor Code of the Russian Federation , h. 1 tbsp. 5 of the Federal Law of April 6, 2011 No. 63-FZ). In this case, each of the parties is obliged to send the other confirmation of its receipt of electronic documents. The deadline for sending confirmation is established by an employment contract ( h. fourth art. 312.1 of the Labor Code of the Russian Federation).

However, even in the presence of enhanced qualified signatures, it will not be possible to completely abandon the preparation of documents on paper. The employer is obliged to send the telecommaster by registered mail with a receipt acknowledgment of receipt of a paper copy of the order of dismissal, duly executed ( h. second Art. 312.5 of the Labor Code of the Russian Federation). Moreover, this must be done directly on the day of termination of the employment contract.

The date of the order and the day of dismissal may coincide with the date of sending the order by e-mail and regular mail, since the employee was previously familiarized with the document in electronic form.

Attention!

When issuing an order for the dismissal of an ordinary employee, it is unacceptable to use an electronic signature. The ability to issue such an order using an enhanced qualified signature is provided only for remote employees (Chapter 49.1 of the Labor Code of the Russian Federation)

Making a record of dismissal in the work book and personal card

If the remote control was carried out employment history, then upon dismissal it is necessary to make an appropriate entry in it, which is drawn up in the general order ( p. 3.1 Instructions approved Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69). In the event that the termination of the contract occurs on additional grounds, indicate not only the clause and part of the article of the Labor Code, but also the clause of the employment contract (sample below).

Then get from the employee consent to send a work book by mail in the form of an electronic document with electronic signature or in paper form ( h. sixth art. 84.1 of the Labor Code of the Russian Federation). On the day of dismissal, send the employee a work book by registered mail with notification ( p. 36 Of the rules approved Decree of the Government of the Russian Federation of April 16, 2003 No. 225(Further - Rules for maintaining and storing work books)). If he is present on the day of dismissal in the office, hand over the work book.

If the work book is sent to the remote control by mail with his consent, a note must be made in the book for registering the movement of work books and inserts in them (clause, Rules for maintaining and storing work books). How exactly, the legislator does not explain. In practice, there are such options:

- in column 12 indicate the details email, in which the employee gives his consent to receive a work record book by mail. Column 13 is not filled;

- in column 13 they write that the work book was sent by mail, and in column 12 they indicate the date of receipt of the document by the employee (they will recognize it from the receipt notice when it is returned to the employer).

In addition to the work book, a record of dismissal is entered into the employee's personal card, which must be familiarized with it against signature (paragraph, Rules for maintaining and storing work books). It is possible to comply with this requirement by exchanging electronic documents ( Part 5 of Art. 312.1 of the Labor Code of the Russian Federation). This option is equivalent to familiarizing an employee with a personal signature. Software used for personnel records must allow the maintenance of personal cards in electronic form.

On the last day of the employee's work, pay him the final payment, issue a certificate of the amount of earnings and special periods for the current and two years preceding the dismissal ( Part 5 of Art. 80 of the Labor Code of the Russian Federation , p. 3 h. 2 tbsp. 4.1 of the Federal Law of December 29, 2006 No. 255-FZ). If it is impossible to issue a certificate in person, send the employee a notification that he must either come to the accounting department for the certificate himself, or write a letter stating that he wants to receive it by mail.

Attention!

You can certify several interconnected electronic documents (a package of electronic documents) with one electronic signature. Moreover, each of them will be considered signed.

If the remote control needs documents related to work, then he can send an application for their issuance to the employer in electronic form ( h. fourth art. 84.1 , h. sixth art. 312.1 Labor Code of the Russian Federation). Employer within three working days from the date of filing such an application, he must send copies of the requested documents, duly certified ( h. eighth art. 312.1 of the Labor Code of the Russian Federation). At the request of the employee, these copies can be sent by registered mail with notification or in the form of an electronic document.

Correcting the error

Remember the main thing

The experts who took part in the preparation of the material note:

Marina TOLSTYAKOVA,

Deputy Head of the Department of Recruitment and Personnel Accounting of AMKapital LLC, Avtomir Group of Companies (Moscow):

- It is possible to dismiss a remote worker both on general grounds established by the Labor Code, and on additional grounds prescribed in the employment contract. In some cases, the norms of the Labor Code cannot be implemented. For example, dismissal due to refusal to transfer to work in another locality together with the employer. After all, the remote control does not move with the organization.

Alla SAETOVA,

Head of HR Department, LeCon LLC (Bryansk):

- Termination of an employment contract with a teleworker occurs in accordance with the general procedure. If he gets acquainted with the order of dismissal in electronic form, the employer is obliged to send him by registered mail with notification a copy of the said order, duly executed. Moreover, on the day of termination of the employment contract.

Alena SHEVCHENKO,

lawyer, expert of the "Personnel business" magazine:

- The resignation record must be entered into the personal card of the remote employee and familiarized him with it against signature. If an employment contract is terminated without his personal presence at the office, then this requirement can be met by exchanging electronic documents using an enhanced qualified electronic signature.

Related documents

Current labor standards place great importance on the rights of employees. That is why an employee can quit according to own initiative, absolutely at any time.

Few know that dismissal can be carried out remotely, even without visiting the workplace.

In what cases can a remote termination be made?

The provisions of the Labor Code of the Russian Federation establish that remote dismissal will be possible subject to the following conditions:

1. Mandatory prior written notification to the employer of the employee's intention to terminate the employment relationship.
2. Accounting for the mandatory deadlines in which the employee must issue a warning - no later than two weeks before last day work.

In the above conditions, the first is undoubtedly the main thing. At the same time, nowhere is it said that a written notice must be submitted to the head personally in the hands. This means that its remote transmission is not prohibited either.

The main factors

Often, a sharp appearance of the need for remote dismissal without a personal meeting is due to the following, the most common factors:

Territorial

An employee can be on sick leave or on vacation. At the same time, the current legislation guarantees him the lawful possibility of dismissal even during these time periods. If a citizen really cannot appear at his place of work, remote dismissal can be quite the best option for breaking off official relations with the employer.

Temporal

As you know, going through the dismissal procedure always requires some time. A person needs to come to his place of work, get an appointment with the personnel department, write a corresponding statement. In case of remote dismissal, the interested person will only need to draw up a document and send it by mail.

This method can be an excellent solution if the employee has already found a more suitable place of work and, for example, undergoes preliminary training there.

Personal

Often, the emergence of a desire to quit is associated with a deterioration in relations with the employer, the emergence of constant disputes, legal conflicts, etc. In this case, a distance breakdown of relations can be an excellent solution if, for example, the employee does not want to once again confront management or with his colleagues.

It should also be noted that the employee will have the right to remote dismissal in any case, regardless of the exact reasons and grounds for which he no longer wants to continue his professional activities in this organization.

Procedure steps

The initial stage of absolutely any dismissal procedure is the manifestation of the employee's initiative by drawing up an official written statement. There is no clear form for this document, an uninterested person must take care of specifying the following information in it:

• information about the employee, as well as his position;
• information on who exactly the document is being drawn up in;
• information about the reasons for which the employee wishes to quit. As a rule, standard wording is indicated here, for example: “Due to family circumstances, etc.”;
• the current date of preparation of the document and the personal signature of the author.

It will not be superfluous to register the created document in a notary order. The date of termination is optional. In its absence, the dismissal will occur 14 days after the creation of the application. If the employee intends to quit on a certain date, one should not forget about the mandatory period of work. The only exception will be those cases in which the dismissal must be made urgently.

In case of remote dismissal, it is necessary to confirm in the application the fact that the employee agrees to send his documents by mail.

After sending the document and receiving it by the employer, the latter can proceed to drawing up the appropriate order of dismissal. The dismissal record is duplicated in the employee's work book, as well as in his personal card, which was kept at the enterprise during the entire period of his work there.

On the last working day, the employer must take care of the formation of a package of documents for sending them already former employee... The envelope must contain his work book, as well as a special inventory.

How are the due payments made in case of remote dismissal?

In the event of an employee's dismissal, the employer's responsibilities will include making the payments due to him. The main ones include wages for the hours worked, as well as compensation for the remainder of the vacation.

The further procedure for issuing the due money will directly depend on what payment scheme is established in a particular organization or enterprise. If the money is transferred to the card, then no problems should arise, the final amount received after the calculations will simply be transferred to the quitting employee. In the event that the settlement is carried out by issuing cash, the employee must indicate the account number in his letter of resignation, which will be used by the employer in the future.

The main advantages and disadvantages of this type of dismissal

The remote termination procedure, despite its obvious advantages for the employee, is still best used as rarely as possible, only when absolutely necessary. One cannot but mention its shortcomings, which are expressed in the following:

• the possible risk of forgery of the letter of resignation when it is drawn up by another person for personal benefit;
• there is always a risk that the employer simply will not receive the documents, for example, due to poor mail performance or other force majeure circumstances;
• possible delay in the deadline for dismissal, for example, if the employer received documents too late.

There are also serious risks in relation to the employer. First of all, he will not be able to check whether the signature in the documents is indeed the signature of the employee himself. Otherwise, the manager may suffer, because then the dismissal made will be recognized as completely illegal. A personal contact with an employee, for example, by phone, or preliminary registration of the signature in a notary manner will help to clarify the situation a little.

The undoubted advantages of this type of dismissal include:

• saving time and even financial costs - you will not need to spend money on the road for the sake of visiting the organization itself;
• convenience and the ability to get settled in a more suitable place as soon as possible.

In the event that there are no problems with the verification of the authenticity of the signature, no difficulties should arise during the remote termination procedure.

Existing practice

If you pay attention to the court cases that relate specifically illegal dismissals, you can see that the vast majority of claims are filed by employees. Often they believe that the employer chose to terminate the relationship with them absolutely illegally, without having a legal basis for this.

Consider a corresponding example:

The court ruled to recognize the earlier dismissal of Andreeva E.The. from the position of HR specialist illegal. For the purpose of additional verification during the consideration of the case, the court ordered a graphological examination. As a result of this procedure, it was established that the letter of resignation was written by another person.

The court decision was the restoration of Andreeva E.The. in office, as well as payment to her monetary compensation during the absence of work. The defendant, in turn, tried to appeal this decision by inviting witnesses who confirmed the fact that the employee had actually spoken earlier about her intentions to quit. However, the judicial authority did not consider this to be reliable evidence and left earlier decision unchanged, since unfounded statements were not recorded anywhere.

As can be seen from the foregoing, remote dismissal has both a number of clear advantages and certain disadvantages. It should also be noted that in our country this method of terminating official relations between an employer and an employee is not very common.

If an employee wants to quit without visiting the place of work, it is better to discuss this issue with the employer in advance. This is the only way to avoid unnecessary disputes that may arise during the implementation of this procedure. Indeed, otherwise the employee may lose much more time than he would have spent on the usual procedure for dismissal.