Law on dismissal at will. How to organize dismissal at will? Retroactive dismissal at will: is it possible

The employee wrote a letter of resignation of his own free will. The day of dismissal is approaching, when it is necessary to make a full settlement with the employee and issue him a work book. However, dismissal in the company is happening for the first time, so the HR specialist needs a sample 2019 employment record when leaving at his own request.

It all starts with a statement

An employee who decides to quit must notify him of his intention in advance. In general, this must be done no later than two weeks before the expected day of dismissal (Part 1 of Article 80 of the Labor Code of the Russian Federation).

In most cases, the period of service before dismissal is two weeks. However, in some cases, current legislation establishes shorter or, conversely, increased warning periods. For example, an employee resigning during a probationary period must give three calendar days’ notice of the upcoming dismissal.

Employees who have a legally valid reason for leaving may resign without giving advance notice of their plans.

You must notify about your intention in writing by writing a corresponding statement. Such a statement can be written in any form or on a form provided by the personnel department. The working period will begin to be calculated the next day after the employer receives the application.

We fill out the labor

After the application has been written, the order has been issued and the personal card has been closed, the employee must make an entry in the work book about his voluntary dismissal. The content of the entry will be as follows: “The employment contract was terminated at the initiative of the employee, clause 3 of part 1 of article 77 of the Labor Code of the Russian Federation (clause 15 of the Rules, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225, clause 5.2 of the Instructions, approved by resolution of the Ministry of Labor Russia dated October 10, 2003 No. 69).

The dismissal record must be entered in the “Work Information” section, indicating the serial number of the record, the day the employee was dismissed and the details of the dismissal order. After this, the entry made must be certified by the signatures of the employee and the personnel specialist responsible for maintaining work books. If the organization has a seal, then it must be attached to certify the entry made.

This ground for termination of a contract is the most common and desirable today (among employers) because:

  • does not require a special procedure;
  • does not provide for the employer’s obligation to pay increased compensation for dismissal;
  • does not require compelling arguments to terminate the contract.

The procedure for dismissal at will

Although the Labor Code of the Russian Federation does not establish any difficulties with such dismissal, there is still a certain procedure.

Stage 1. An employee decides to quit. He can do this at any time, without giving reasons for his decision. All he needs is to write a letter of resignation. The document is drawn up in free form, but if you are not confident in your abilities, then its sample can be downloaded on the Internet.

The application is submitted to the personnel service of the organization or directly to the boss; if the employee has a suspicion that the application will not be considered, then he has the right to send it by mail in a valuable letter with an inventory.

Stage 2. After notifying the employer, the employee will have to work conscientiously for another 2 weeks. This time is given so that the employer can find a new candidate, and the resigning person strengthens his desire to leave the organization.

It happens that an emotional employee writes a letter of resignation, and after 3 days he already repents of his decision. The article - dismissal at will (Article 80 of the Labor Code of the Russian Federation) provides for such doubting individuals the opportunity to withdraw a previously submitted application, but within a two-week period. The review is submitted in the same form as the initial application, that is, in writing.

There are 2 nuances:

  1. If an employee decides to first take a vacation and then resign, he can revoke the decision only until the day the required vacation begins.(Article 127 of the Labor Code of the Russian Federation).
  2. If a person who cannot be denied employment by law has already been invited to replace the person leaving (according to Article 64 of the Labor Code of the Russian Federation - an employee transferred from another organization), then the withdrawal of the employee’s application will not be accepted.

Working out is not always a mandatory stage. The Labor Code of the Russian Federation establishes the possibility of separating immediately if both parties do not mind: submitted an application - quit - received an extract (copy) from the order, work book, pay - a free person. The employee has the opportunity to go on vacation with subsequent dismissal from work (Article 127 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation contains categories of employees who have the right to quit without working off:

  • enrolled in educational institutions for full-time education;
  • retired;
  • those leaving with their spouse to his new place of service, etc.

Stage 3. Actually dismissal. The employer issues a dismissal order, introduces the employee to it, fills out the work book, makes a full calculation (Article 140 of the Labor Code of the Russian Federation), which includes wages for conscientious but unpaid work, compensation for future leave and other payments, if any. internal regulatory documents.

Useful information in our infographic

Timing of voluntary dismissal

The duration of the procedure depends on the grounds for dismissal at the initiative of the employee. The total period from the date of application is 2 weeks plus 1 day for self-dismissal.

If an employee goes on vacation and then leaves the organization, then the period will be extended by the amount of the vacation, but all documents will be completed before the employee leaves for it.

If the employee belongs to the category of people who must be said goodbye immediately, then the dismissal occurs in one day.

Special mention should be made of conscript workers; the Labor Code of the Russian Federation allows them to submit an application three days before dismissal.

Controversial situations

Even with such a simple basis for ending a working relationship, problems can arise. Here is the solution to some of them.

The employer does not want to accept the application: the employee must send it by mail.

The employer himself wants to fire the employee, but forces the latter to resign: it is necessary to go to court (Article 391 of the Labor Code of the Russian Federation, Article 394 of the Labor Code of the Russian Federation, Article 395 of the Labor Code of the Russian Federation).

The employer does not want to accept the withdrawal of the application: the application must be sent by mail.

The employer fired ahead of schedule: the only solution is to go to court.

There is no need to be afraid to go to court, since employees are exempt from paying the costs of making a decision (Article 393 of the Labor Code of the Russian Federation). If the organization’s action is found to be incorrect, the employee will be reinstated immediately and the employee will be paid compensation.

Video on the topic

The Labor Code indicates that every conditional employee upon dismissal must work a mandatory 2 weeks. In labor legislation, this obligation is called formal work. But it is not present in all cases of termination of a contract with an employer. That's why most employees ask this question. Further, the procedure for such dismissal, as well as new amendments to it, will be explained in detail.

Dismissal at will without working out new amendments 2017

In 2017, no fundamental amendments were adopted in this regard. The fundamentals of labor relations have remained unchanged, so the employee’s own desire in most cases requires mandatory work. Article 80 directly states that a citizen, on his own initiative, must submit a sample application at least two weeks before the proposed dismissal. Therefore, the employer has the right to accept this application and sign it accordingly only after 2 weeks. Failure to comply with this procedure is possible only if mutual agreement is reached between the parties. In this case, the employer can sign the application upon submission, after which the employee will have to receive all the required payments and compensations that are provided for by the current labor legislation.

Is it possible to resign of your own free will without working for 2 weeks?

Labor legislation in this regard provides only guidelines that can be agreed upon between the parties. If the employer agrees to such conditions, then working off as an obligation may be omitted. In this case, the employee submits his application, which is signed by his superiors after the fact, and then the subject is paid all the required compensation. Thus, the issue is resolved within 2 days. Article 80 of the Labor Code of the Russian Federation completely excludes dismissal at one’s own request without service, unless the employer’s consent is obtained. Article 77 of the Labor Code of the Russian Federation dismissal of one's own free will without service is also excluded, for the reason that the law gives the employer the opportunity to fill a vacant position during the period of service.

If an agreement is nevertheless reached, then it is impossible to restrict the employee in any way upon dismissal. He is paid the required salary based on the day of the immediate signing of the application and issuance of the local order. Your own desire can be realized regardless of the reasons, and at any time. However, the overall process always remains the same. Upon issuance of the order, the staffing position is removed from the balance sheet of the enterprise, and the corresponding entry is made in the current time sheet. The person is paid all compensation and is issued a personal work book, which indicates the article of dismissal.

Article 80 has not been amended this year, so the obligation is assigned to all employees, regardless of their position. This is possible in cases where the employer does not agree to release a staff member based on an accepted application, which he has every right to do. The disposition states that if the dismissal takes place at one’s own request, then an application to the authorities is submitted no less than 14 days in advance - the fixed period required for working off according to current labor legislation. As for payment, this period is paid in full accordance with the employment agreement, without any possible deductions.

Labor legislation also indicates amendments according to which, even if mutual consensus cannot be reached, the employer must not accept and sign a formal statement from its employee. This is possible in the following cases:

  • when a transfer is processed within the structure of one institution;
  • if the subject’s health condition does not allow him to continue to perform his work duties, in particular this applies to pensioners;
  • own desire is caused by the need to care for the child;
  • initiative of the employer himself;

Amendments may also apply based on local legislation in a particular institution. But they cannot go against the provisions of labor legislation. It is allowed to add reasons to this list, but reducing it will be a direct violation of the relevant labor legislation.

If an employee wants to formalize his dismissal directly upon application, as happens in most cases, then this circumstance, indicating the reasons, must be stated in a formal application. Then the decision will be up to the employer.

Is it possible to quit without working?


Regulatory legal acts determine when dismissal without service can be carried out.

Such situations include:

  • when enrolled in a university as a full-time student;
  • upon the employee’s retirement;
  • in case of violation by an employee of points of the Labor Code of the Russian Federation;
  • other situations.
  • moving to another locality for the purpose of work;
  • due to the sending of the 2nd spouse abroad on a work visa;
  • caring for a sick family member or a minor citizen under 14 years of age.

If there are reasons, the employee is obliged to notify his superiors in advance that he will not be able to work for the required period.

Terms of termination of an employment contract


In accordance with the law, an employee must notify the employer of his intention to leave the workplace with a written statement no earlier than 14 days before leaving.

This period is set for transferring responsibilities to a new employee. During this time period, the employee is required to perform work as before. Otherwise, the employer has the right to dismiss the citizen for absenteeism.

When is training necessary?

Testing should be carried out in two cases:

  • when leaving a job at will, in accordance with Article 80 of the Labor Code of the Russian Federation;
  • due to a reduction in staff, according to Article 180 of the Labor Code of the Russian Federation.

Regarding the second case, the employer most often dismisses the employee with payment of compensation for time not worked.

Duration


The development process is divided into certain periods, depending on the case:

Let's look at each term separately.

Three days

This period is established in the following situations:

  • employee on probation;
  • the employee works on the basis of a fixed-term contract; the employee himself can terminate the agreement;
  • There is an employment agreement for a temporary period of 2 months.

Two weeks

The standard processing time is determined to be 14 days. If the employee changes his mind, he can request his application back and thereby cancel the dismissal.

Citizens who resign by agreement of the parties or when taking leave and subsequently leaving work are deprived of this opportunity.

It is also impossible to return the application if a new employee is hired.

One month

In the case where the employee worked as a director, deputy, or chief accountant, the period of service will be a month. The director is obliged to convene a meeting of the founders.

Athletes, coaches with whom there is a contract for activities lasting more than 4 months. In this case, the agreement is terminated early, but the working period is 1 month.

Also, if the employer-entrepreneur is absent for a long time, the employee has the right to terminate the contract by contacting the local administration.

Legislative framework


The process of working off upon dismissal is regulated by Article 80 of the Labor Code of the Russian Federation.

Payments upon dismissal without service are made in accordance with Article 180 of the Labor Code of the Russian Federation.

Dismissal without work


Dismissal of one's own free will without service is possible in some cases. Such dismissal also applies to certain categories of citizens.

At your own request

Employees have the right to quit in the following cases:

  • if they are employed in enterprises where employers do not comply with the norms and conditions of the employment contract;
  • if retirement age has been reached and the citizen has retired;
  • upon admission to a university, but it is important that documents are attached, for example, an enrollment order;
  • When leaving on a work visa, you must attach a transfer order and a summons.

How to write an order for vacation followed by dismissal? See here.

At the initiative of the employer

Dismissal at the initiative of the employer without working off is not provided for by law.

In some cases, the employer offers to resign at his own request and does not require 2 weeks of work.

On probation

An employee on probation can be fired at any day. Be sure to complete 3 days of training.

Pensioner

According to current legislation, pensioners have the right to resign on the day of retirement.

This refers to the case when a pensioner has just reached the age criterion and is moving to a new status for the first time. There is no requirement to work for 2 weeks.

For family reasons

For family reasons, there are cases when the employee’s spouse received a call to transfer to a workplace in another city/region/country. Moreover, the move must be carried out as soon as possible.

But without documentary confirmation, dismissal will be accompanied by 2 weeks of work.

One day

Dismissal in one day is possible if the employee and the boss managed to reach an agreement between themselves. So, if there are special circumstances that the employee can confirm, a statement should be written.

Options


Dismissal without working for two weeks can be accomplished in different ways, each of which has its own characteristics.

Sick leave

To be dismissed without work, you can go on sick leave. That is, before you draw up a letter of resignation, you should notify your superiors of your intention to resign. The sickness certificate must indicate the deadlines.

After returning from sick leave, the employer is obliged to issue a work report and pay slip.

Vacation followed by dismissal

If an employee has vacation left, he has the right to take the remaining two weeks of rest with subsequent dismissal.

But it’s worth discussing everything with your boss in advance so that they can find a replacement. But even if there was no agreement with the manager, the employee has the right to go on vacation.

Registration procedure


The procedure for registering dismissal in 2017 has not changed. The employee must:

  • write a statement;
  • complete the required period of time;
  • provide the necessary documents;
  • sign the organization’s documents;
  • receive payment and labor.

If the required period is worked out, the employee must transfer his duties to a new employee.

How to write an application correctly?

To resign, an employee must submit an application in the full name of the employer. In this case, it does not matter whether the citizen leaves with or without work.

The application must indicate: “I request dismissal without working a two-week period due to the following circumstances...”.

The employee must provide evidence of why he cannot work for 14 days.

How is dismissal due to job reduction formalized? Information here.

What is the amount of compensation upon dismissal by agreement of the parties? Details in this article.

Sample

  • name of the organization;
  • Employer's name;
  • Full name of the employee;
  • position held;
  • what is the essence - dismissal at one's own request;
  • why it is impossible to carry out mining;
  • number;
  • painting;
  • decoding of passport data.

A sample letter of resignation without work is here.

The application is signed by the head and the seal of the organization. Without a properly completed application, dismissal is impossible.

If you do not indicate that you need to quit without working, the employer has the right to demand that you continue working for another 2 weeks.

Work off upon dismissal of one's own free will - 2017


Send by mail

Work for 2 weeks upon dismissal - article of the Labor Code of the Russian Federation 2017 The year does not directly provide for such an obligation. The features and possible timing of this stage of dismissal in 2017 will be discussed in our article.

Work for 2 weeks upon dismissal: article of the Labor Code of the Russian Federation in 2017


Probably every working person knows about such a stage of dismissal as working off. It is worth noting that the concept of working off is not given in the legislation. It is often confused with the employer’s warning period about upcoming dismissal. Following Art. 80 of the Labor Code of the Russian Federation, an employee is obliged to inform the employer in writing about his decision to leave 14 calendar days before the date of dismissal. But the Labor Code of the Russian Federation does not indicate that an employee is required to work on these days.

Having decided to change jobs, a person may wonder: is it possible to leave without working? The answer to this can be found in labor legislation, as well as the established practice of personnel officers and courts.

First, let's look at what the Labor Code of the Russian Federation says about this. It directly provides for several cases (Article 80 of the Labor Code of the Russian Federation) when you can quit without working off:

  • Firstly, if you agree on this with the employer. With the consent of both parties, it is possible to terminate the employment relationship earlier. The Labor Code of the Russian Federation allows you to do this without any consequences.
  • Secondly, if the employee is unable to continue working. The reasons may vary. The Labor Code of the Russian Federation contains an open list of them, and only 2 are indicated as an example: admission to an educational institution and retirement upon reaching retirement age. Another reason may be the spouse’s relocation for official reasons (resolution of the plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).
  • Thirdly, if the employer violates labor legislation (including those provided for by internal regulations).

Separately, the legislation considers the case when an employer delays the payment of wages to its employees for more than 15 days (Article 142 of the Labor Code of the Russian Federation). In such a situation, the Labor Code of the Russian Federation gives the employee the right to suspend the performance of his official duties. And along with the application for suspension of work, submit a letter of resignation. If the suspension of work lasts more than 14 calendar days, then there is no need to work off, since the days of suspended work are considered to have actually been worked.

You can also avoid working time if you go on vacation or sick leave before leaving. If the vacation lasts more than 2 weeks, then the date of dismissal will be the last day of vacation. And if an employee is sick longer than this period, then he must be fired on the 14th day.

In addition to those listed above, there are several other opportunities to avoid two weeks of work upon dismissal. They are not directly provided for by law, but have become practically normative due to the frequency of their use in practice. For example, care for health reasons, when changing place of residence, due to the need to care for a child or a sick relative. All of them are applicable only with the consent of the employer.

IMPORTANT! In the resignation letter, the employee must clearly state his request to be dismissed without work, indicate the reason and the specific date of resignation.

How long to work when leaving voluntarily


Dismissal with 2 weeks of work: how to calculate? At what point does mining begin? Let's try to figure it out.

But the working period may vary. For example, if an employee who is on a probationary period resigns, the Labor Code of the Russian Federation obliges him to notify management of his departure 3 days in advance (Part 4 of Article 71 of the Labor Code of the Russian Federation). The same period is provided for employees who have entered into a fixed-term employment contract (up to 2 months) and perform seasonal types of work (Articles 292, 296 of the Labor Code of the Russian Federation).

If an employee holding a managerial position resigns, the warning period is 1 month (Article 280 of the Labor Code of the Russian Federation). If a sports coach or athlete resigns at his own request, the period is also 1 month. But the validity period of his employment contract must be more than 4 months. And if, according to the terms of the contract, the work period is several months, then he is obliged to comply with it.

Results


To summarize, we can conclude that dismissal without working for two weeks is quite possible. Working out upon dismissal of one's own free will is not always a mandatory procedure, and its duration may vary. Of course, if the employee was unable to avoid working time and is at work, he must comply with all the terms of the employment contract. Otherwise, the employer has the right to fire him for absenteeism or failure to fulfill job duties.

In any situation, the best solution would be to agree on all the details of dismissal with the employer, who often accommodate employees halfway. This will avoid possible difficulties and disputes during care.

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Dismissal of one's own free will without work, sample application


Each employee has the right to dismissal at his own request without working off if he reaches an agreement with the employer.

The employee must notify the employer of dismissal 2 weeks in advance. This period is called “working off”, although such a concept is not provided for in labor legislation.

These 2 weeks are called the notice period, during which the employee finds a new job, and the employer finds a new employee, or tries to “keep” the quitting employee.

But in Art. 80 of the Labor Code of the Russian Federation, which regulates dismissal at the initiative of an employee, provides for dismissal without working out a two-week period.

There are 2 procedures for dismissing an employee without working out the period prescribed by the Labor Code of the Russian Federation:

  • Establishing another working period for the parties, not exceeding 2 weeks;
  • Concluding a severance agreement.

The employee and employer may agree to establish a different working period. For example, a week. This is not prohibited by labor legislation. The main condition is that the period cannot exceed the 2 weeks established by law.

The parties can also sign an additional agreement on dismissal without work.

How to properly quit your job of your own free will without working off


The parties may agree that the employee resigns the day after submitting the application. It is better to document such dismissal by concluding a dismissal agreement.

This agreement must indicate:

  • Grounds for dismissing an employee. In this case, at your own request;
  • Last working day and day of dismissal. These dates may not be the same, so both must be entered. If they coincide, then this is also worth indicating;
  • The amount of all payments that the employer must make:
    • Wages for actual hours worked;
    • Compensation for unused vacation;
    • Other benefits provided for by the employment or collective agreement.
  • The preamble of such an agreement must be the same as in the employment contract;
  • It is necessary to make a reference to the employment contract that is being terminated - indicate its number and date of conclusion.

The agreement is drawn up in two copies and signed by both parties. One copy remains with the employee, the other with the employer. On the employer’s copy, the employee must sign and write “received a copy of the agreement.”

The more detailed the agreement is, the less likely the employee is to challenge the dismissal in court. And although the law does not provide for the conclusion of such an agreement without fail, as practice shows, it is better to conclude such an agreement.

It will protect both parties to the contract from each other’s dishonesty.

In Art. 80 of the Labor Code of the Russian Federation also provides reasons why an employee can quit without working a two-week period, even without the consent of the employer:

  • Conscription of an employee for compulsory military service;
  • Beginning of studies at a higher or secondary vocational educational institution. To dismiss, you must bring a certificate of enrollment from the educational institution;
  • Retirement;
  • Violation of labor legislation by the employer.

As judicial practice shows, an employee can quit without working in the following cases:

  • Discovery of an occupational disease that prevents the employee from further performing his job functions;
  • A health condition that does not allow you to live in this area;
  • Moving to a new place of residence;
  • Business relocation of a spouse.

Article 80 of the Labor Code of the Russian Federation - dismissal at will without working off


Every person has the right to leave their job any time they want. No one can limit him in this. Labor Code of the Russian Federation as amended, stipulates that each person must give 14 days' notice to their supervisor before resigning. The date in the application is indicated based on the deadlines agreed with management. An employer cannot force employees to work longer than what is required by law. New amendments made to the Law of the Russian Federation sometimes provide for the dismissal of an employee immediately, on the same date indicated in the application, if he has some valid reasons.

Dismissal at will without work - new amendments 2017

Amendments were made to the legislation for 2017 to the effect that an employee can quit without working. This applies to cases when you need to resign, if the manager violates the law, or when the employee cannot continue working for an important reason - health status, the need to start studying. To formalize your dismissal, you must provide documents confirming your right not to work.

Is it possible to resign of your own free will without working 2 weeks?

Provides in some cases Article 80 of the Labor Code of the Russian Federation dismissal of one's own free will without work. Recent amendments to the Law and other regulations also regulate special cases, when a person has the right to leave immediately:

  • child care - for different categories this concept has a different interpretation, depending on whether the mother is single or raising a disabled person;
  • sending an elderly employee to retire - when retiring, it is not at all necessary to resign automatically on the same day, this is a person’s personal initiative;
  • pregnancy;
  • caring for a relative with a disability;
  • election to a position, victory in a competition for a vacant post;
  • serious illness;
  • moving.

Sometimes it is still worth trying to come to an agreement with the manager, because it is not always possible to provide confirmation. For example, it is difficult to prove the need to move to another city if this is not due to health conditions or the spouse’s departure for duty.

Rules for dismissal at will without work

The care procedure will be standard:

  • write a statement;
  • provide documents confirming the right to leave of one’s own free will immediately;
  • receive documents and payment on the agreed date.

It should be recalled that upon dismissal of one's own free will, severance pay is often not paid - only compensation for unused vacation time and salary. But there are some cases when benefits are due, for example, care due to the husband’s departure to his place of duty.

In what cases is an employee required to work 2 weeks?

Before the amendments were made, it was provided that if the employer initiates dismissal, it is possible to draw up all the necessary documents at once. Working off is provided upon leaving for everyone who does not have benefits in this regard.

But it is also quite possible not to work if the employer does not insist. Then in the application it is possible to indicate any desired date, agreed with the manager. And of course you can leave immediately if there is a layoff. Then a certain period of dismissal is initially indicated in the order - this day will be considered final.

When can an employee be released from working 2 weeks?

There are some ways to leave without working two weeks. Formally, it is necessary to work off, but in fact the employee will be free. To do this, by writing an application, you can immediately apply for leave. The person will receive the paycheck and documents before the vacation, but at the same time, the length of service will also include the vacation time, which will be automatically counted towards the working time.

The same procedure applies to sick leave – it is also paid upon presentation. In addition, other documents regulate the possibility of immediate dismissal, so they should be taken into account when analyzing the procedure and the benefits provided.

An example of an application for resignation of one's own free will without work

The application written by an employee who wants to resign is in any form. In this case, the document must include a certain list of mandatory items:

  • basis, referring to Art. 80;
  • desired date of dismissal;
  • details of the organization, director, date of writing;
  • employee details - full name and position;
  • additional reasons to leave immediately. If possible, it is worth clarifying in writing what documents are attached as proof of entitlement. This could be a certificate from a university, from your husband’s work, or from a hospital.

It is better to take a sample of a standard document to avoid mistakes. At the same time, it is worth regularly clarifying the amendments that can be made to the document form in order to avoid problems in the future. Sometimes you need to write 2 copies and keep one for yourself with the registration mark of the secretary, so that you can then defend your rights in the appropriate authorities, if such a need arises.

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In most cases, termination of an employment contract occurs at the initiative of the employee. To do this, it is enough to submit an application for resignation of your own free will - in 2017 there are no problems with this. According to current legislation, after this the employee will have to work for 14 days. Or leave on the same day, in agreement with management.

Deadlines for filing a resignation letter

The first step is to resign. The legislation does not stipulate requirements for filling it out, but it is better to use clear wording. For example, " I ask you to fire me on July 20» clearly indicates the last day of work. Option " I ask you to fire me as of July 20» – gives the employer the opportunity to fire on the next day after the specified date.

The Labor Code (Part 1, Article 80) obliges the employee to notify the employer of his resignation no later than 14 working days. This period is necessary to find a replacement and transfer the cases. Sometimes it happens that an employer agrees to a meeting and fires an employee without completing the specified period.

Deadlines no later than which a notice of resignation must be submitted

Also, the employer must dismiss the employee within the period specified by him in the event of:

  • if he cannot continue to work due to retirement, start of full-time studies, etc.;
  • violation by the employer of local regulations, labor legislation, etc.

Important! The employee has the right to change his mind and withdraw his application for dismissal even on the last day of the established two-week period.

If an employee changes his mind about leaving and decides to continue working in the organization, then dismissal is not carried out. An exception may be a situation when another specialist has already taken his place, transferred from another organization.

If a citizen decides to resign after the next vacation and writes a corresponding statement, then he can withdraw it only before the start of the vacation.

Dismissal procedure

Once the application has been accepted, the dismissal procedure begins. The HR department must prepare an order and make a corresponding entry in the work book with the wording: “at its own request”, “at the initiative of the employee”. On the last working day (day of dismissal), the employee signs the order.

By the last working day, the accounting department must prepare a salary certificate for the last two years. It is necessary for calculations at a new place of work. A resigned employee has the right to apply for such a certificate even after his resignation - the employer is obliged to prepare it within three days from the date of the written request. The accounting department also prepares a document about all payments to the Penfund made during the employee’s employment.

In addition to documents, on the last working day the resigning specialist is due a salary, compensation for unused vacation, if any, and other payments.

Important! Depriving a departing employee of the bonus due to him or her is discrimination.

After all, the person receives a work book. The entry on the termination of the employment relationship includes: serial number, date of dismissal, reason (Article 77 of the Labor Code of the Russian Federation describes various options for terminating the employment contract), the name of the document (order) on the basis of which the employment relationship is terminated and this entry is made.

Calculation procedure

The final calculation includes: salary for the last month, payment of unused vacation (if any), other payments.

If the employer refuses to pay compensation for unprovided leave, the employee has the right to contact the labor inspectorate. In this case, the culprit will face a fine of up to 50 thousand rubles.

If the employer pays the money due late, he will also be required to pay additional compensation in connection with the delay in labor payments.

Which article of the Labor Code of the Russian Federation provides for voluntary dismissal? Have any amendments or additions been made in 2018? Most workers are not familiar with the peculiarities of such dismissal, for example, is it possible not to work for the notorious 2 weeks before leaving? Proper paperwork will help save your nerves and your time.

The correct procedure for registering dismissal

Article 77 of the Labor Code of the Russian Federation.

What article can support actions in case of voluntary dismissal? The law of the Russian Federation primarily points to Article 80 and 77, paragraph 3, part 1 of the Labor Code of the Russian Federation. They contain the grounds for ending the employment relationship and additional nuances of the dismissal procedure.

Article 80 of the Labor Code of the Russian Federation.

Additionally, several more articles of the Labor Code allow you to carry out the procedure correctly.

Resigning in this way means avoiding the lengthy collection and preparation of certificates. In addition, such wording in the documentation means problem-free new employment. We recommend that you familiarize yourself with the average salaries in Moscow and other cities.

The procedure for voluntary dismissal is described in the Guarantor System.

The algorithm of actions will be as follows:

  • accepting an application from an employee;
  • waiting for the deadline written in the application;
  • drawing up a dismissal order;
  • preparation and issuance of certificates and documents;
  • payments;
  • registration of a work book.

Failure to comply with at least one point means a violation of the employee’s rights.

The desire of the worker is supported by a statement.

Any employee can submit an application for termination of employment two weeks before the desired date of leaving the organization.

The 14-day period must begin on the next calendar day after the day on which the application is written. It is written in free form, but usually a unified version is used. We have already talked about when an employee does not have to work for two weeks.

Sample application.

The application is addressed to the employer and must include the date and grounds for dismissal. The date is calculated based on the present date plus 14 days. The application can be submitted in written or printed form.

You can hand it over to the secretary or personally into the hands of the boss. In some cases, for example, if an employer refuses to lose a good employee, the option of filling out an application and using mail services is possible - it must be sent by a valuable letter.

Order

Also, the period can be increased if necessary if the resigning person agrees.

However, there are cases when a quitter does not need to work 14 days. Dismissal at one's own request without service is possible under the following circumstances:

  1. A move is taking place.
  2. The employee wants to retire.
  3. Health problems. Supported by a medical certificate.

The basis for such a decision may be the unlawful actions of the boss or the violations of the employee himself.

The application must then indicate the reason when, as usual, such information is not required.

If the employee was hired temporarily, for example, to replace an employee on maternity leave, the employment contract can be terminated by dismissal on one’s own initiative, no modifications will be required.

If an employee who is undergoing a probationary period is dismissed, he is given a mandatory period of work of 3 days. If the head of the organization or the production manager decides to resign, he will be asked to work for 28 days.

It is not necessary to be at the workplace for the agreed period of time - the employee has the right to take leave, if it is due, or go on sick leave. In this case, the vacation time ends on the day of dismissal, since the employer cannot change the date in the application, the remaining part of the legal vacation is compensated financially.

In addition, during this period, the employee can withdraw his application if a new employee has not yet been found in his place, who was invited in writing, for example, by transfer. It will be necessary to draw up a written application for the revocation of the previous document; it is drawn up in free form.

If the dismissed person decides to use his leave after he has written a letter of resignation, he will be able to withdraw it only on the day before the stated start of the leave.

Nuance! If an employee asks in a statement to dismiss him on a certain date, then he is fired according to the documents on the day before the specified date. And when an employee writes that he needs to be fired on a specific date, that date will be his last day in the organization.

What to do if an employee's rights are violated?

In almost half of the cases, even with voluntary dismissal, the rights of the employee are violated.

There are enough situations, for example, the following nuances are possible:

  • the employer does not accept the resignation letter;
  • withdrawal of an application without reason will not be accepted;
  • the necessary calculation has not been completed;
  • The organization fired me early.

Sometimes the boss requires the employee to write a statement of his own free will. This is a violation of workers' rights.

It is necessary to contact the court or the prosecutor's office, they will help you formulate and write a statement or claim against the organization. The employee does not have to pay state duty if a claim is filed in court; all payments fall on the shoulders of the negligent manager.

If the boss is found guilty, the employee will be reinstated and (or) paid compensation established by the court.