Dismissal application: we arrange leaving work competently

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

Almost all employees go through the procedure for dismissal of their own free will at least once in their life. Therefore, we have prepared instructions on how to write a letter of resignation. We will also tell you whether it can be revoked and what to do if the application is not signed.

What is a letter of resignation

Article 77 of the Labor Code of the Russian Federation lists the grounds for terminating an employment contract. One of them is the employee's initiative. When you decide to quit your job, you must write a letter of resignation of your own free will.

A letter of resignation is a personal document required to terminate an employment contract between an employer and an employee on the initiative of the latter.

It is assumed that the initiative comes from the employee and his intention is completely voluntary. In practice, this is not always the case.

However, the application of Article 80 of the Labor Code of the Russian Federation, as a rule, is mutually beneficial: both the employer has less trouble, and the employee has a normal labor record.

Another plus is that you can quit even during the period of temporary absence from the workplace. For example, while on sick leave or vacation. When terminating an employment contract on the initiative of the employer, this is unacceptable (Article 81 of the Labor Code of the Russian Federation).

What are the deadlines for submitting it

You have the right to terminate the employment contract by notifying the employer about this no later than two weeks … This means that another 14 days will have to go to work and perform official duties. It is believed that during this time the employee will be able to transfer cases to colleagues, and the employer will be able to find a replacement for him.

The two-week period begins on the day after the employer receives the letter of resignation. For example, if you filed it on October 1, two weeks will start counting from the 2nd, and the dismissal will be issued on the 16th.

If the last working day of an employee falls on a public holiday, the next working day will be considered the day of dismissal. For example, if you wrote an application on April 17, then the dismissal will be issued not on May 2, but on May 4.

This is a general rule. But there are also special cases.

Condition	Dismissal notice period
Probationary period (part 4 of article 71 of the Labor Code of the Russian Federation)	3 days
Seasonal work (Article 296 of the Labor Code of the Russian Federation)	3 days
Termination of an employment contract for up to two months (Article 292 of the Labor Code of the Russian Federation)	3 days
Termination of an employment contract with a coach or athlete (Article 348.12 of the Labor Code of the Russian Federation)	1 month
Termination of an employment contract on the initiative of the head of the organization (Article 280 of the Labor Code of the Russian Federation)	1 month

How to write a letter of resignation

There is no uniform form. But there are rules for drawing up a letter of resignation.

The law requires it to be written: handwritten or typed on a computer. The personal character of the expression of will is also emphasized by the signature of the employee. Without it, the application is invalid.

In the header, you must indicate the addressee ("Ivanov Ivanovich Ivanovich, General Director of SharKo LLC") and the addressee ("from Petrov Petr Petrovich, the sales manager of SharKo LLC"). The word "Statement" will be the heading. Next, you need to formulate a request for dismissal.

Please dismiss me from my post of my own free will.

or

Please dismiss me of my own free will on the basis of Article 80 of the Labor Code of the Russian Federation. I ask you to dismiss.

Please note, according to the order of Rostrud, the employee is not obliged to indicate specific motives. And it is better not to use the preposition "from", indicating the date. The fact is that if you write "I ask you to fire me from October 20, 2016", the personnel officer will most likely issue the dismissal on the 19th. To avoid confusion in dates, indicate the specific day, month and year of dismissal.

You can apply for dismissal in person or by mail by sending it by registered mail with notification.

Is it necessary to work out two weeks

Yes.

But this is again a general rule. According to part 2 of article 80 of the Labor Code of the Russian Federation, it is possible to part even before the expiration of a two-week period by mutual agreement of the parties. If the manager does not mind, the dismissal can be formalized even on the day the application is submitted.

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

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

Can I get fired for absenteeism if I wrote a letter of resignation

Yes they can.

Throwing a statement on the boss's desk, slamming the door and hammering in on everything is spectacular. But counterproductive.

From the day you apply for dismissal until the day you terminate your employment contract, you are still an employee of the company and must obey the working rules.

Absence from the workplace for no good reason is absenteeism. For this they are fired (part 6 of article 81 of the Labor Code of the Russian Federation). As well as for inappropriate behavior in the workplace. Show up to work drunk is also not an option.

Can you change your mind

According to part 4 of article 80 of the Labor Code, you have the right to withdraw your application at any time before the expiry of the notice of dismissal. As a general rule - until midnight on the 14th day.

If you took a vacation followed by dismissal, you can withdraw your application before the vacation begins.

The application form has not been established. But you can just pick it up from the HR department, you can make a note on the original document, or you can draw up a new one.

I ask you to consider my letter of resignation of my own free will invalid.

You can pick up the application, even if an order for your dismissal has already been drawn up and an entry is made in the work book. But there is one "but".

If another employee is invited to your place in writing, who cannot be refused employment (for example, by way of transfer), you will not be able to withdraw the letter of resignation.

What to do if the application is not signed

The law does not oblige the employer to endorse the letter of resignation. But in practice, as a rule, they are registered in a special journal and the manager puts his signature.

What if the HR department does not accept the application or the boss refuses to sign an autograph? First, to rejoice: you are a valuable employee, they do not want to part with you!

Second, make a knight move. Try to register the application with the office of the organization as incoming correspondence. Didn't it work? Then plan B: send it by registered mail with notification addressed to the manager. A postal notice will confirm that the employer has received your message and a visa will not be required. Then work for two weeks and you can be completely free.

It's another matter if the application is not signed, the dismissal is not formalized and you don't want to leave. If after 14 days you continue to work as if nothing had happened, the employment contract will continue.

How is the dismissal procedure

By the end of the termination notice period, the employer issues an order to terminate the employment contract. You must be familiarized with it on receipt (article 84.1 of the Labor Code of the Russian Federation).

Then the personnel officer will make an entry in your labor book: “Dismissed voluntarily, paragraph 3 of part 1 of article 77 of the Labor Code of the Russian Federation” or “The employment contract was terminated on the initiative of the employee, paragraph 3 of part 1 of article 77 of the Labor Code of the Russian Federation”.

Make sure that the HR specialist does not confuse paragraph, part and article of the Labor Code. Material liability is provided for entering into the work record book of an incorrect or incompatible formulation of the reason for dismissal (Article 234 of the Labor Code of the Russian Federation).

Having received a work book and other necessary documents in your hands, you can apply for a calculation. You must be paid wages for the days worked in the month of dismissal, and compensation for unused leave, as well as severance pay, if it was provided for by the employment contract.

That's all! You can collect things, say goodbye to colleagues and take home your favorite ficus.