Completing and submitting an application for payment upon dismissal. Sample requirement

How to write a resignation letter of your own free will

An employee has the right to terminate an employment contract at will by notifying the employer in writing no later than two weeks in advance, unless a different period is established by law. For example, if you are on a probationary period, a warning should be sent 3 days in advance. The written form is provided for in Part 1 of Art. 80 Labor Code of the Russian Federation. We wrote about the procedure in detail in the article on how to fire an employee at your own request. The written request must contain:

• clear wording from which it follows that the employee wishes to end the relationship;
• indication of the last day of work;
• personal signature of the employee; without it, the document has no legal force.

General rules for registration:

• the document on A4 sheet is in written or printed form;
• The header, which is located in the upper right corner, includes your full name. and the position of the addressee and originator of the document;
• By ;
• the text about the desire is presented in a free format, indicating the reason for terminating the contract - at one’s own request;
• indicate the date of termination of the contract and the date of formation of the appeal;
• the document is completed with the personal signature (with transcript) of the employee.

Sample application form for voluntary resignation:

How to make an application

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

Legislators have not approved a special form for such an appeal. Therefore, you will have to prepare your application in free time. However, when compiling, be guided by the following rules:

This is important to know: Is it possible to fire a disabled person of group 2 at the initiative of the employer?

1. The document can be handwritten or prepared using printing technology.
2. In the header of the application, indicate the position and full name. the head of the employing organization, then write down the name of the institution.
3. Now write down information about the applicant: full name, address, passport details.
4. In the middle of the new line, enter the name of the document.
5. We write the text of the document on a new line: we describe the essence of the appeal in detail. Be sure to write down the position of the dismissed person and the periods of his work in this institution. Then indicate the reason why you did not show up for the money on the appointed day, or write down a claim regarding disagreement with the amount of the estimated payment.
6. List the documents that you are attaching to your application as confirmation. For example, indicate the number and date of the sick leave or the name and date of the mathematical calculation of the expected amount of payments.
7. Put your handwritten signature and indicate the date the document was compiled.

Hand over the completed paper to the employer personally or hand it to his official representative. For example, give it to your secretary, HR officer or accountant.

How to write when leaving at your own request with work off

Warning the employer about the intention to terminate the contract at will and working out upon termination of the employment relationship at will for a period of 14 calendar days is established by Art. 80 Labor Code of the Russian Federation.

Other norms of the Labor Code of the Russian Federation establish warning periods other than 2 weeks:

An example of how to write a letter of resignation with service:

Employer's liability in case of non-payment

Upon dismissal, payment should be made on the last working day. Otherwise, the employer will be held liable.

This is important to know: Are holidays included in work upon dismissal?

Financial liability is assigned under Article 236 of the Labor Code of the Russian Federation. In case of delay in payments, the employer is responsible for issuing money with interest in the amount of not less than 1/150 of the current key rate of the Central Bank for each day of delay. Or he faces criminal liability under Article 145.1 of the Criminal Code of the Russian Federation, which provides for partial non-payment for more than three months:

• or deprivation of the right to hold certain positions for a period of up to 1 year;
• or forced labor for up to 2 years;
• or imprisonment for up to 1 year.

For complete non-payment for more than two months:

• or forced labor for a period of up to 3 years with or without deprivation of the right to hold certain positions;
• or imprisonment for a term of up to 3 years with or without deprivation of the right to hold certain positions.

How to write when leaving at will without further work

By agreement between the employee and the employer, the employment contract is terminated before the expiration of the two-week period, that is, without traditional work. The dismissal procedure is the same as in the case of working off.

Labor Code of the Russian Federation in Art. 80 defines cases when an employee no longer has the opportunity to work and the employer is obliged to dismiss him on the date specified in the document:

• admission to an educational institution;
• retirement;
• violation by the employer of labor legislation.

When filing a resignation letter, the employee indicates the reason for termination of the employment relationship.

This is what a sample application for dismissal without service looks like:

Application for dismissal under an employment contract

If an employee works under an employment contract, then he is obliged to notify the management of his organization about the termination of the employment contract no earlier than 2 weeks in advance.

Exceptions:

• actual inability to carry out one’s duties: enrollment in a university, joining the army, pension, prison, etc.
• violation by the employer of the employee's rights.

The two-week period begins to count from the next day following the submission of the application.

How to write an application for leave followed by dismissal

According to Part 2 of Art. 127 of the Labor Code of the Russian Federation, before terminating an employment contract, an employee has the right to use accumulated vacation days. To do this, he draws up a document asking for leave and then dismissing him. We talked in detail about this scheme in the article “Applying for leave followed by dismissal.”

A sample application for leave followed by dismissal looks like this:

How to quit while on vacation

To write of your own free will and leave without leaving your vacation is also correct and legal. It’s not for nothing that we mentioned the possibility of sending documents by mail. And the employee will also receive the documents back by mail.

How to write a resignation letter in this case? For example, like this: you can immediately tell your boss that first you are planning a vacation, and then you intend to quit, and the last day of work will be the last day you are at the resort. We give this option as an example to follow. The best part is that, in fact, the days of your annual monthly rest are included in the working period. How nice it is to write a notice right while lying on the beach and send it by mail.

Here you just need to remember about hateful work; its period begins to run from the moment the employer receives your letter.

By the way, if you have vacation days remaining, then you are entitled to monetary compensation for unused vacation.

How to write a letter of resignation by agreement of the parties

According to Art. 78 of the Labor Code of the Russian Federation and the position set out in paragraph 20 of the resolution of the plenum of the Supreme Court of the Russian Federation, the contract is terminated by agreement of the parties at any time within the period determined by the parties. The initiator of termination of the contract on this basis is both the employee and the employer. An important condition for termination of the contract by agreement of the parties, in accordance with clause 1, part 1, art. 77 of the Labor Code of the Russian Federation, is to reach an agreement between the employee and the employer on the grounds and period of termination of the contract (letter of the Ministry of Labor of Russia dated April 10, 2014 No. 14-2/ОOG-1347).

Use this sample letter of resignation by agreement of the parties:

Right to recall and stay or leave

What is the right thing to do if the manager does not cooperate and does not accept the application? You should insist on your decision, write a statement and send it by mail with mandatory delivery against signature. At the same time, pay special attention to the text of the document and compose it in an exemplary manner. Take as a basis the example of an application for voluntary resignation in our article, download the sample in a convenient format for editing.

And, of course, anyone has the right to change their mind (Part 4 of Article 80 of the Labor Code of the Russian Federation), but only within the specified two weeks.
Please note that the review must be made in writing to avoid errors and misunderstandings. If you are planning a vacation before dismissal, it is permissible to revoke the document before the day the well-deserved rest begins. comments powered by HyperComments

How to revoke

If the contract is not terminated, the employee has the right to withdraw his appeal. The form of such feedback is not regulated by law; it is done orally or in writing, especially if you subsequently have to refuse the already selected candidate. The employee writes on the original document that he is recalling it, or draws up a separate document about the recall, which is registered by the personnel department. Read more in the article on how to resign at your own request.

The situation is completely different if an employee is fired by agreement of the parties. If the termination agreement has already been signed by the parties, it will not be possible to withdraw the appeal. As noted by the Supreme Court of the Russian Federation in paragraph 20 of the resolution of the plenum of March 17, 2004 No. 2, the annulment of the agreement regarding the period and grounds for termination of the contract under paragraph 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation occurs only with mutual consent of the parties. In some cases, courts recognize as lawful the refusal of one party to fulfill a mutual agreement on the specified basis. For example, the following case was an exception. The woman was fired by agreement of the parties (clause 1, part 1, article 77 of the Labor Code of the Russian Federation). She was already pregnant, but found out about it only after she quit her job. She appealed to the employer with a request to cancel the application and reinstate her at work, which she was refused. The court concluded that the woman was fired unlawfully. The decision of the court of first instance and the appeal ruling were cancelled. The case was sent for a new trial (ruling of the Supreme Court of the Russian Federation dated June 20, 2016 No. 18-KG16-45). As the court indicated, in this case the employee refused to fulfill the termination agreement due to pregnancy, which she did not know about at the time of signing the agreement. Consequently, this agreement does not remain in force due to the lack of expression of the employee’s will. Otherwise, the contract is terminated not by agreement of the parties, but on the initiative of the employer in violation of the prohibition provided for in Part 1 of Art. 261 Labor Code of the Russian Federation.

To properly withdraw, use the sample notice of withdrawal of resignation letter:

What does the document provide?

If the employee contacted the employer with a statement for a reason that prevented him from receiving payment at the enterprise cash desk on the day of dismissal, the money must be issued no later than the next day.

If the resigning employee does not agree with the assigned settlement amount, the director must promptly pay the undisputed amount. The rest of the money will be paid after judicial review. Moreover, the employee can count not only on the issuance of the payment in full, but also on compensation for its retention.

The ultimate goal of issuing a demand is an order for settlement upon dismissal and payment of funds due.

What to do if the document is not signed

The appeal is sent by mail or telegraph. In accordance with Rostrud letter No. 1551-6 dated 09/05/2006, the two-week period begins the next day after the employer receives it. Therefore, it is necessary to take into account the time it takes to deliver the postal item.

Having been warned by the employee two weeks in advance, the employer is obliged to take all necessary actions during this time. The primary document is the order to terminate the contract. On its basis, the personnel service issues a work book and other documents, and the accounting department makes calculations.

IMPORTANT!

Upon expiration of the notice period, the employee has the right to stop working. On the last day of work, the employer is obliged to issue a work book and other documents and make final payments to him. Any delays are grounds for going to court and seeking compensation for untimely paid wages, forced absenteeism and moral damages.

Why do you need an application?

A sample request for payment upon dismissal will be needed if the specialist did not work (was absent from the workplace) on the day of dismissal. For example, he took the remaining vacation days off, was on sick leave, or was absent for other reasons.

You will also have to write a statement if the employee did not show up at the appointed time to receive his dismissal money or does not agree with the amount of the final payments.

Articles on the topic (click to view)

• What to do and where to go if you are not paid upon dismissal
• What to do if you are laid off at work
• What to do if the employer does not want to fire at his own request
• What to do if the date of the dismissal order is later than the date of dismissal
• What to do if the employer does not give the work book after dismissal
• What to do if you didn’t work officially, you were fired, you didn’t get paid
• What is the employer obliged to give the employee on the day of dismissal?

The result of processing the claim will be an order for settlement upon dismissal and payment of the money due.

Salary and taxes

Two weeks of work is considered a paid period. The payment is calculated according to the signed employment contract. If the employee had to extend this period, he receives for each day an amount equal to his average salary for the day.

Dismissal of an employee does not relieve the employer from paying mandatory taxes.

Thus, personal income tax is paid after providing the dismissed person with all the money that was accrued for two weeks of work. If this day may fall on a weekend, then it is possible to postpone the date to the nearest weekday. Contributions to the pension fund are also transferred after settlement with the employee.

Mutual compliance with the legal norms of the Labor Code of the Russian Federation is the basis for successful cooperation between a manager and his employee. In case of violation of his rights, an individual entrepreneur has the right to go to court for justice.

About working off upon dismissal

The concept of "working off"

Such a concept as “working off” simply does not exist in the Labor Code of the Russian Federation, but in personnel records management it is constantly used. Although from a legal point of view this is incorrect - since the employer does not have the right to force the employee to work for two weeks.

But he has the right for the employee to inform him of his desire to quit at least 2 weeks in advance. These two concepts can be seen more clearly with an example.

The manager of Nezabudka LLC writes a statement on April 1 with a request to terminate the employment contract with him at his request from April 2. But the employer puts forward a resolution: “Work for two weeks, fire on April 15.”

On April 15, the personnel officer issues a dismissal order, transfers it to the accounting department and draws up all the necessary documents. The manager takes the documents and leaves. And after some time, the head of Nezabudka LLC is informed that he has received a complaint about illegal dismissal and the following circumstances are clarified:

• the manager wanted to quit on April 2, which was indicated in his application; this document did not contain any information about April 15;
• the employer does not have the right to demand work off;
• the employee is subject to reinstatement at work with payment for days of forced absence.

Where is the employer’s mistake, what should he have done to make everything right?

When submitting the above application, it was necessary to put down a resolution with approximately the following content: “ Dismissal to be refused due to failure to comply with the notice period ” and return it to the employee. And he, in turn, should have written a statement with corrected dates.

In fairness, it must be said that such cases are rare in judicial practice, but here everything depends on the conscientiousness of the employee.

What is regulated

Work off, or rather the employee’s obligation to notify the company administration of his intention to resign, is prescribed in the Labor Code of the Russian Federation, in Part 1 of Article 80.

It says that any employee has the right to terminate an employment contract by notifying the employer at least 14 calendar days in , that is, the notice period will include weekends and holidays .

This article also states that separate legislative acts and articles of this Code may establish a different procedure for terminating employment relationships:

• in some cases the 14-day period is extended to a month;
• in some cases, the employee has the right not to notify the employer and to terminate the employment relationship on the day the application is submitted;
• The warning period can be changed in any direction by agreement of the parties.

The two-week period begins to count the next day after the application is submitted to the manager or registered in the organization’s incoming correspondence.

Example:

The manager of Nezabudka LLC submits an application to the manager on April 1, 14 days begin to count from April 2, respectively, the day of dismissal will be April 15, the same day will be considered the last working day.

But at the same time, the manager can submit an application on April 1, and indicate the date of the desired end of work as April 20, respectively, the day of dismissal will be this number, since the law establishes only a minimum threshold for the notice period, and the maximum threshold can be anything.

After the warning period expires, the employee has the right to stop performing his duties, but if he continues to perform them, and the employer, in turn, does not insist on issuing a dismissal order, then the employment relationship will continue by default.

In what cases is it mandatory?

The employer's warning about dismissal is a standard option that is applied in all cases of termination of an employment contract at the initiative of the employee, in which he does not have the right not to comply with this provision of the law.

That is, work is mandatory in all cases, with the exception of those that the law indicates as an exception.

In what cases is it not necessary?

The legislation provides for several cases when an employee can quit on the day the application is submitted:

• pregnancy;
• retirement;
• enrollment in an educational institution;
• conscription for compulsory military service;
• entry into force of a court decision;
• moving to a permanent place of residence in another area;
• caring for a child with a disability;
• parents with three or more minor children.

All these reasons must be specified in the application for dismissal, and additional documentation will also need to be attached confirming this right.

Methods for such dismissal

If an employee does not fit into one of the above categories, but still wants to resign without two weeks' notice, there are several ways that are a consequence of various provisions of the law:

• Go on vacation and then write a statement. To do this, the duration of the vacation must be at least 15 days. Thus, the entire notice period will have to be rest, as well as the last working day.
• The period of temporary incapacity for work will also be included in the two-week period, and even on the day of dismissal the employee is still ill, the employer will have to dismiss him.
• Going on vacation followed by dismissal. This method can be used when vacation is on the schedule and the employer cannot refuse to provide it. This method is prescribed in the Labor Code of the Russian Federation and has a number of differences with simple dismissal when going on vacation.
• Agreement with the employer. If the employer has nothing against it, then he can allow the employee to resign before the expiration of the 14 day period.

Note! All of these methods, except the last one, do not imply the cancellation of the notice period, but allow the employee not to be at the workplace during the specified period.

Validity period of the application

The application must indicate the date of dismissal, from which two weeks will be counted. This period determines the duration of the application. It can be changed if the employee revokes the previous document and submits a new one. This option is possible, then the period will be counted from the new date. If the application does not indicate any dates, then it cannot be accepted, that is, it is also impossible to set the validity period.

How to submit

After drawing up the document, it must be transferred to the individual entrepreneur or to the human resources department, if available. You can do this in several ways:

• The application can be submitted in person. On the second copy, which remains with the employee, you must ask to put a mark on receipt of the document, indicating the registration date, assigned number and signature of the responsible person (IP);
• send via registered mail. This method is especially relevant if the employee is on sick leave, on vacation, or simply cannot appear in person. To do this, you need to use the services of the nearest post office. An additional sheet with a list of all enclosed documents must be attached to the application. This information may be required if there is a disagreement about the contents of the letter. A registered letter with acknowledgment of receipt must be sent to the location of the organization. After it is received by the individual entrepreneur, a receipt will be sent to the sender;
• send the application via telegram with notification of receipt. To do this, a person will need to go to the nearest post office with a passport or other document that can confirm his identity and signature, as well as an application form. The text of the telegram must fully correspond to the text of the statement. Before sending, the operator puts an o, which indicates the compliance of all specified data. Upon receipt, the applicant is also sent a corresponding receipt;

It is important to know! If for some reason the individual entrepreneur refuses to sign the receipt, then postal employees can personally mark the delivery of the letter or telegram.

• send a document via email. This method is not used in all organizations. In addition, the applicant must have a digital signature certified by a notary. Without it, the document has no legal force.

After receiving an application from the employee, the individual entrepreneur can begin the dismissal procedure.

Read on the topic: Dismissal at your own request by mail