Application for resignation: we formalize leaving work competently

Each employee, based on his own needs and desires, can sever his employment relationship with the employer. Only one condition needs to be fulfilled - write a corresponding application ten days (working days) before the date of leaving the position. It is assumed that during this time the employer will be able to find a replacement for the resigning employee, and he, in turn, will have time to transfer the affairs to the successor.

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What is a resignation letter?

Article 77 of the Labor Code of the Russian Federation lists the grounds for termination of an employment contract. One of them is employee initiative. Having decided to leave your job, you must write a letter of resignation of your own free will.

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

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

However, the application of Article 80 of the Labor Code of the Russian Federation is, as a rule, mutually beneficial: there is less hassle for the employer, and the employee has a normal entry in his labor record.

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

Must be fully endorsed

And in conclusion, we want to give one more universal piece of advice. Many managers like to endorse employee applications. So, you need to take into account that in the case of a resignation letter, it is possible to endorse only the entire application.

In other words, when endorsed, the manager cannot make any reservations or otherwise change the dismissal procedure specified by the employee in the application. In this case, the very principle of dismissal “on one’s own” is violated: the initiative no longer comes only from the employee, but partly from the employer. Therefore, all such changes can be carried out only by agreement of the parties, drawn up either in a separate document or in a new, clarified statement from the employee.

When should it be submitted?

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

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

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

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

No work due to family reasons

This dismissal is not a valid reason as it is a vague concept. It is expressed in the employee’s personal desire to leave his job, therefore, by law, he is required to work for 14 days.

Despite the fact that family circumstances do not exclude the need for work, specific reasons may influence the employee to be released on the day the document is written.

“To the director of MAOU secondary school No. 54

Malysheva O.G.

from a primary school teacher

Ivanova V.P.

Statement

I ask you to dismiss me on March 2 _____ without two weeks of work due to family reasons. The reason for this was the illness of my mother, who lives alone in the village. Her condition worsened yesterday and requires urgent care.

02.28._____ _______ Ivanova V.P.

The employer himself decides whether to dismiss the employee immediately or oblige him to complete the allotted time. Considering that the subordinate is resigning for personal reasons, no additional benefits other than salary and compensation for unworked vacation are provided.

How to write a resignation letter

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

The law requires that it be in writing: handwritten or typed on a computer. The personal nature of the expression of will is also emphasized by the employee’s signature. Without it, the application is invalid.

In the header you need to indicate the addressee (“to the general director of SharKo LLC, Ivan Ivanovich Ivanov”) and the addressee (“from the sales manager of SharKo LLC, Petrov Petrovich”). The word “Statement” will be the title. Next, you need to formulate a request for dismissal.

I ask you to dismiss me from my position at your own request <date>.

or

I ask you to dismiss me at your own request on the basis of Article 80 of the Labor Code of the Russian Federation. I request your dismissal to be made on <date>.

Please note that according to the order of Rostrud, the employee is not required to indicate specific motives. And it is better not to use the preposition “with” when indicating the date. The fact is that if you write “I ask you to fire me on October 20, 2021,” the personnel officer will most likely formalize your dismissal on the 19th. To avoid date confusion, indicate the specific day, month and year of dismissal.

You can submit your resignation letter in person or by mail, sending it by registered mail with notification.

Due to deteriorating working conditions

There are often cases when an employee is assigned additional responsibilities or he/she is transferred to another place of work with different working conditions for the worse. In this case, the employer is obliged to notify the employee in writing about the upcoming changes 2 months in advance. If the employee agrees, then he signs the document and no longer has the right to quit due to worsening working conditions.

If the employee does not agree with the new requirements, then it is necessary to describe the points that do not suit him.

“To the director of the store “Flowers 24 Hours”

Melnikova A.N.

from the seller

Stuzhevoy V.I.

Statement

I ask you to dismiss me from March 1 _____ due to deteriorating working conditions. I am not happy that I am being transferred to a neighboring branch, the building of which is in almost disrepair. In winter, the temperature inside the pavilion does not rise above 15 degrees. It’s also inconvenient for me to get to my new place of work. I ask you to pay me severance pay within the limit of the average salary for two weeks on the basis of Art. 178 Labor Code of the Russian Federation.

02.13._____ _______ Stuzheva V.I.

The employer can meet halfway and maintain the same working conditions for the employee. In this case, the application will be withdrawn. Otherwise, dismissal occurs on the basis of Art. 178 of the Labor Code of the Russian Federation, in connection with which the manager is obliged to pay benefits in 2 weeks.

Is it necessary to work for 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 separate before the expiration of a two-week period by mutual agreement of the parties. If the manager does not mind, 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:

• Enrolling 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).

How to terminate an employment contract while on vacation

The Labor Code prohibits dismissing employees while they are on vacation if the initiator of termination of the contract is the employer (Part 6 of Article 81 of the Labor Code of the Russian Federation). An exception is the liquidation of an organization or termination of activities by an individual entrepreneur. If the employee himself has expressed a desire to resign during vacation, then the legislation does not establish any restrictions. In this case, it is important that the employee complies with the deadlines for submitting documents, and the employer carries out the dismissal in accordance with the procedure.

ConsultantPlus experts analyzed what controversial situations arise when an employee dismisses his own free will and how to resolve them. Use these instructions for free.

Can I be 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 giving up on everything is impressive. But counterproductive.

From the day you submit your resignation until the day your employment contract is terminated, you are still an employee of the company and are required to obey the labor regulations.

Absence from work without a valid reason is absenteeism. For this they are fired (Part 6 of Article 81 of the Labor Code of the Russian Federation). The same goes for inappropriate behavior in the workplace. Showing up to work drunk is also not an option.

Due to a change of residence

A change of residence that involves difficulties in getting to the workplace may be a reason for dismissal. However, by and large this is the personal initiative of the employee, therefore no payments or compensation are provided.

It will also be necessary to work 14 days if the employer has not found a suitable replacement. You can indicate the main reason in the text of the document, or you can simply write “at your own request” - this will not change anything.

General Director of UE "Doors and Windows"

Myakishev G.V.

from the installer

Grigorieva S.R.

Statement

I ask you to dismiss me on March 12 _____ of your own free will due to moving to another area of ​​the city. This circumstance does not allow me to arrive at my workplace on time every day, and also requires me to leave work earlier.

01.03._____ __________ Grigoriev S.R.

Is it possible to change my 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 expiration of the notice of dismissal. As a general rule - until 24 hours on the 14th day.

If you took a leave of absence followed by dismissal, you can withdraw your application before the start of the leave.

The application form is not specified. But you can simply pick it up from the HR department, you can make a corresponding note on the original document, or you can draw up a new one.

I ask you to consider my resignation letter of my own free will as of <date> invalid.

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

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

Please consider me free...

Let's start with the most basic thing that should be in the application, on the basis of which the employment contract with the employee will be terminated. Namely, with a clearly expressed desire of the employee to terminate the employment contract with the employer. This may be evidenced by the phrases: “dismiss”, “terminate the employment contract”, “terminate the employment relationship” - these are exactly what should be contained in the employee’s application.

If the document contains neutral expressions (“I ask you to relieve me of my position”, “I resign my authority”, “I ask you to consider me free”, etc.), then issuing a dismissal order on the basis of such a statement can become a very risky business. . After all, the employee may later state that he just wanted to take a vacation/time off or transfer to another position.

Therefore, if an employee brings a statement with such wording, ask him to rewrite the paper. You can formalize this by order of the manager, issued on the basis of an internal memo from a personnel employee. In it, the HR employee informs the manager that a statement has been received from the employee in which the will to dismiss is implicitly expressed. The manager, in turn, issues an order informing the employee of the provisions of the Labor Code about the procedure for dismissal at his own request and asks to confirm whether the employee’s will is aimed specifically at dismissal. This order is delivered against signature.

In the Kontur-Personnel program, you can use not only the unified form T-8 “Dismissal Order”, but also the expanded form T-8, taking into account the vacation days used.

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What to do if the application is not signed

The law does not oblige the employer to endorse resignation letters. But in practice, as a rule, they are registered in a special journal and the manager signs.

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

Secondly, make a knight move. Try registering the application in the organization's office as incoming correspondence. Didn't work? Then plan B: send it by registered mail with notification addressed to the manager. The postal notification will confirm that the employer 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 no longer want to leave. If after 14 days you continue to work as if nothing had happened, the employment contract will continue.

Features of the application

There is no standard unified form for writing such a statement - each employee has the right to write it in free form. The main thing is to indicate in it the name of the enterprise and the date from which you want to terminate the employment relationship with the employer, as well as to put your signature. But one immutable rule must be observed - this statement must be written solely according to the employee’s own voluntary expression of will . At the same time, if the company’s management and the subordinate come to an agreement, then the employment contract can be terminated before the two-week period has passed.

It should be noted that the employee has the right to notify the employer of the termination of the employment relationship both directly during the work process, and during sick leave, during planned and other types of vacation, etc.

How does the dismissal procedure work?

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

Then the personnel officer will make an entry in your work book: “Dismissed at his own request, paragraph 3 of part 1 of Article 77 of the Labor Code of the Russian Federation” or “The employment contract was terminated at 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 the clause, part and article of the Labor Code. Financial liability is provided for entering into the work book an incorrect or non-compliant formulation of the reason for dismissal (Article 234 of the Labor Code of the Russian Federation).

Once you receive your work book and other necessary documents, you can apply for payment. You must be paid wages for days worked in the month of dismissal, and compensation for unused vacation, as well as severance pay, if provided for in the employment contract.

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

What documents should be given to an employee on the day of dismissal?

1. Paper work book. If the employee does not show up on this day, send him a notice that he needs to pick up the work book or agree to have it sent by mail. This way you won’t be punished for delaying your work book.
2. At the request of the employee - certified copies of documents related to work, certificates in forms 2-NDFL, 182-n.
3. Payslip - so that the employee knows how his last salary and compensation for unused vacation are calculated.
4. Extract from personalized information. To do this, in Elbe go to the employee card → Print.
5. STD-R - information about work activity, that is, an extract from the electronic work record book. The extract is issued on paper; it must be certified by the signature of the manager or authorized representative, as well as the seal of the organization (if any). In Elba, STD-R is available on the Employees tab.

Issue all documents against signature, for example, take a receipt from employees for receipt of documents. You must have confirmation that you have complied with the requirements of labor legislation.