Application for resignation: we formalize leaving work competently

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).

Results

The principle that an employer should follow in situations involving the dismissal of an employee on his own initiative is not to curtail the rights of the dismissed person as prescribed in labor legislation, but in controversial situations to compromise with him.
We should also not forget to record the results of the mutual agreement reached. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

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.

Dismissal of disabled people

The legislation does not provide for special rules for the dismissal of employees who have been assigned a disability. Therefore, after submitting an application, the law obliges them to work for another 14 days.

To leave immediately without working, you can use the wording of Article 80 of the Labor Code of the Russian Federation about the impossibility of continuing to work in the future.

Most often, employees use this right immediately after receiving a conclusion on assignment of disability. A copy of a medical report or other document is attached to the application. Since groups 1 and 2 are considered non-working, no problems arise and the dismissal order is signed immediately.

An employer may insist on working hours for employees who need to transfer business or material assets. In this case, you can do different things:

• meet halfway and work for 2 weeks, if health allows;
• go on sick leave;
• take care of the assignment of a disability pension in advance and resign without working as a pensioner.

It is more difficult for disabled people of group 3 who do not have restrictions on their ability to work to quit right away. In this case, you can use the following options:

• obtain a certificate from a doctor stating that certain work is contraindicated (physical labor, eye strain, etc.). Such a document confirms that further work is impossible;
• take advantage of the fact that the employer violates the rights of a disabled person, for example, by requiring overtime work.

This is also important to know:
Resign by agreement of the parties - how to terminate by agreement

Free legal consultation We will answer your question in 5 minutes!

Call: 8 800 511-39-66

But all of the above methods (except for retirement) are possible only with the consent of the employer.

Free legal consultation

We will answer your question in 5 minutes!

Ask a Question

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.

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 fire an employee who falls ill during the working period

While a person is on sick leave, he cannot be fired (Part 6 of Article 81 of the Labor Code of the Russian Federation). At the same time, you cannot dismiss on a date other than the one indicated in the application.

You should proceed as follows (Article 84.1 of the Labor Code of the Russian Federation):

• issue a dismissal order on the date indicated in the application;
• separately indicate that the employee could not familiarize himself with the order because he was sick and absent from work;
• invite the employee in writing to appear for the work in person or send by mail a written order to redirect it by postal parcel (registered mail).

Until the written consent of the employee is received to send him the work book, it is stored at the enterprise. The employee can receive it in person within 3 days after submitting a written request for extradition.

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.

Payments upon dismissal at one's own request

On the last working day, the dismissed employee is paid settlement payments, which contain:

1. Wages for actual time worked.
2. Compensation for unused vacation days.
3. Other payments provided for by the internal documents of the enterprise.

It is necessary to pay attention to the fact that cash payments are made on the employee’s last working day, and not on the date of dismissal; wages and compensation payments must be received on the card on the day of termination of the employment relationship.

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.

Legal grounds not to work out

In practice, there are often cases when it is not possible to warn the employer in advance about your intentions. Current legislation takes this point into account and allows you to quit without working in a number of cases:

• upon admission to the full-time department of a secondary vocational or higher educational institution;
• when conscripted for military service;
• if necessary, care for a seriously ill family member;
• upon retirement;
• for health;
• when moving to another region;
• when transferring a spouse to another country.

A significant reason for voluntary dismissal may be a violation of an employee’s rights by the organization’s management. Systematic delay of wages, coercion to perform duties not provided for in the employment contract and other documents, as well as refusal to provide leave allow a citizen to resign without working.

Important

It should be noted that facts of violations in such cases must be documented by regulatory authorities.

In addition, the procedure and conditions for terminating an employment contract without working out can be specified in the internal documents of the enterprise. In some organizations, parents of children under 14 years of age, pregnant women, parents of disabled children, and mothers of many children can count on dismissal “on the same day.”

Current legislation obliges the employee to notify the organization's management in advance about his dismissal, but does not mention that he must remain at the workplace during this period. That is why there are several other ways to quit without working.

Sick leave followed by dismissal

Sick leave is a valid reason for the absence of an officially employed citizen from his workplace. Temporary disability allows you to avoid working off upon dismissal. In this case, several scenarios are possible:

1. The resignation letter was submitted before going on sick leave.. In this case, the period indicated on the certificate of incapacity for work will be counted within the time limits established by law.
   Attention

   If it is closed earlier, the citizen will have to return to his workplace before the date specified in the application. Otherwise, the employee will be dismissed within the specified period, but he will retain the right to sick pay after termination of the employment relationship.

2. The resignation letter was submitted after going on sick leave . If the period specified in the certificate of incapacity for work exceeds the legally established time of 14 days, the employee will not have to return to his workplace. In cases where the sick leave ends before the date specified in the resignation letter, the citizen is obliged to work the remaining days before the termination of the employment contract.

Attention

It should be noted that this method is suitable for those employees who really have health problems, since falsifying a certificate of incapacity for work threatens with criminal punishment.

Vacation followed by dismissal

Another way to avoid working before dismissal is to go on vacation. The Labor Code of the Russian Federation (Article 127) allows employees to use accumulated vacation days before terminating the contract, while:

• the date of dismissal of the employee coincides with the employee’s last day of rest;
• the employee has the right to withdraw his application only before going on vacation, after which he is deprived of such authority.

Article 127 of the Labor Code of the Russian Federation indicates that an employee can use accumulated vacation days before dismissal, but does not oblige employers to provide the employee with such a right. That is why termination of an employment contract in such cases can occur according to two algorithms:

1. With the consent of the employer, the employee submits an application for leave with subsequent dismissal.
   Information

   In such cases, a new employee can be registered for the vacated position on the first day of leave of the dismissed person.

2. The employee goes on vacation according to a pre-approved vacation schedule, and then submits a letter of resignation 14 days before the date of termination of the employment relationship. Moreover, if there are 2 weeks left until the end of the vacation, the employee will not have to return to his workplace.
   Attention

   In cases where the employee submits an application less than 14 days before starting work, he will have to work the remaining time until the date of dismissal.

It should be noted that an employee on vacation can submit a resignation letter in several ways:

• Personally . The procedure for terminating an employment contract in such situations is no different from the standard one.
• By mail . It must be taken into account that two weeks in such cases begin to be calculated from the day following the date of receipt of the letter by the employer.
• Through a legal representative acting on the basis of a notarized power of attorney.

Often, company management makes concessions and allows an employee who has gone on vacation to declare his intention to terminate his employment relationship later than the legally established deadlines, so as not to return to his workplace after the vacation. That is why possible options for the development of events must be discussed with the employer even before writing a letter of resignation.

Before dismissal, an employee can use basic and additional vacations, in whole or in part. In the latter case, the remaining days will be compensated to the dismissed person in cash.

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.

Last working day

On the last day of work, the parties must make mutual payments to each other so as not to remain in debt to each other. To do this, the employee is given a bypass sheet, in which notes are made that he has handed over the valuables previously entrusted to him intact. For example, a computer, printer, laptop, etc. If, due to his position, he was entitled to personal protective equipment, then he either rents them out or buys them back at the residual value.

In turn, the employer is obliged to accrue all amounts due for work performed and other remuneration due to the dismissed person. The employer also issues the citizen his personal documents and salary certificates. All these manipulations are carried out on the last working day, since after termination of the contract the parties cannot make demands on each other in the usual manner, although they have the right to go to court if issues are not settled voluntarily.

Issuance of a work book

The work book is kept by the employer throughout the entire period of work with a record of the person’s admission to the organization. When an employee is transferred from place to place, appropriate notes are made in it. Upon dismissal, a record of termination of the relationship is made on the last working day and not earlier, since before this moment the decision may change, and the relationship will be subject to changes.

The HR department employee makes an entry in the work book about the date of termination of the contract, as well as the reason for it. In case of urgent care due to the onset of retirement age, a corresponding note is made, which will subsequently prevent the use of this right a second time. The information is based on the issued order, and its wording fully corresponds to it. Data on the order number and the date of its issue are entered in the appropriate column. The entry made is certified by the signature of the personnel officer and the seal of the organization.

The work record book is issued to the person who resigned against his signature, which is placed in a special journal.

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.

Grounds for termination of an employment contract at the initiative of the employee

The contract can be terminated at the employee’s own request, subject to personal expression of will. If an employer persuades a person to sign a resignation letter, then when the disadvantaged employee appeals to the court, State Tax Inspectorate or the prosecutor’s office, the actions of the LLC or individual entrepreneur will be declared illegal (see paragraph “a”, paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17. 2004).

In the work book, along with information about the work, transfers and data on the person’s awards, the basis for dismissal is entered (clause 3 of article 77 of the Labor Code of the Russian Federation, part 4 of article 66 of the Labor Code of the Russian Federation). The same data about his experience is entered by the LLC, individual entrepreneur or his legal representative in SZV-TD (Article 66.1 of the Labor Code of the Russian Federation).