Rules and features of dismissal of an employee at the initiative of the employer

Basic Concepts

Dismissal is the termination of the employment relationship between the contractor and the organization. The law provides for the procedure for terminating a contract.

To dismiss an employee, you must have a reason that is indicated when filling out the documents. The contract is terminated for legal reasons that comply with the provisions of the Labor Code of the Russian Federation. The following grounds for termination of the contract are identified:

Most often, the employment relationship is terminated by the voluntary decision of the employee. A less common reason is dismissal by order of the employer.

A special dismissal procedure applies to employees carrying out activities under the STD. If the manager does not plan to continue the employment relationship with the employee, he is warned about the completion of work 3 days before the expiration of the contract.

Employee rights and dismissal scheme

Of course, the company where you work understands that employees will not work for them all their lives, but not everyone adequately accepts leaving at their own request. When announcing this decision, problems are not excluded, so you need to be clear about your rights and responsibilities in this situation.

Dismissal of an employee involves the following steps:

All rights are clearly stated in the Labor Code of the Russian Federation:

1. You can terminate a previously concluded employment contract. Along with this right, there is an obligation for the employee to notify about his decision two weeks before dismissal. The warning must be in written form (be careful, it is written), for this you must write an application. It is important to consider that the deadlines begin the next day after the employer receives the application.
2. You don't have to work the 2-week period. Russian legislation provides for when you can not work the last two weeks. For example, when an employee cannot continue working due to full-time enrollment in a higher education institution. There is also no need to work off upon retirement and in other cases.
3. An employment contract for a specified period. As for an employment contract concluded for a certain period, it can be terminated early, but for this the parties must reach mutual agreement. In other cases, you have the right not to work only after the employment contract expires.
4. You have the right to withdraw your application. At any time while your application is with your boss, you can withdraw it, for example, if you change your mind about leaving. This is possible provided that a new employee has not yet been hired to take your place.
5. Last working day. When your work period comes to an end, on the last working day the employer is obliged to give you your work book, other documents, and also make the final payment.

Often, employees who decide to quit perceive the last two weeks as a vacation. This is wrong, because this time is paid in the same way as before. Therefore, there is no need to leave work early or stop performing your duties.

Is the last day of work paid upon dismissal?

Labor relations are terminated according to the general rules established by Art.
84.1 of the Labor Code of the Russian Federation, taking into account the specifics of the legislation for some cases (termination of a fixed-term contract, preservation of a job for a non-working employee, etc.). The same norm contains an answer to the question of whether the day an employee is dismissed from his position is considered a working day.

Based on Part 3 of Art. 84.1 day of dismissal is the last working day. However, there are exceptions, which we will discuss below.

On the last working day, the employer is obliged to complete all procedures provided for by the Labor Code of the Russian Federation (including handing over a work book). This day is paid in full as a working day.

The date of dismissal is determined:

• expiration date of the fixed-term employment contract;
• the expiration of the two-week period allotted for working out when filing an application on the initiative of the employee;
• on the day of issuance of the dismissal order upon termination of employment relations at the initiative of the organization;
• the day of expiration of the notice period for staff reduction established by labor legislation;
• the date on which the parties to the employment relationship agreed to terminate it.

Competent procedure for registering dismissal

Actions when an employee leaves on his own initiative are supported by Articles 80 and 77, paragraph 3, part 1 of the Labor Code of the Russian Federation. They indicate the reasons for ending the employment relationship, as well as additional features of such a procedure.

Leaving your job in 2020 in this way means getting rid of the long process of collecting the necessary documentation and preparing all the necessary certificates. In addition, this formulation allows a person to get a new job without any problems.

When performing the procedure, you should adhere to the following algorithm of actions:

• accepting an employee's application;
• waiting for the period specified in the document;
• execution of orders;
• preparation and issuance of papers;
• payments;
• labor registration.

If at least one point is not met, all actions will be considered a violation of the employee’s rights.

Terms of dismissal

According to the general rule of Article 80 of the Labor Code of the Russian Federation, an employee must notify the employer in writing about dismissal by submitting an application addressed to him 2 weeks before the expected resignation. This period begins to count the next day after registration of the petition. It is important that the application is registered, otherwise the work period may be delayed. Other rules for dismissing an employee at his own request:

• the two-week period can be canceled by written agreement between the employee and the employer;
• the law does not oblige the employee to be at work during these 2 weeks (you can go on vacation or sick leave);
• the general rule of two weeks of service has exceptions (for a probationary period - 3 days, and for a managerial position - 1 month).

This is also important to know:
How to write a letter of request correctly

The manager does not have the right to refuse an employee. If this happens, then the employee should know that this is a violation of the law by the employer. Then the application is drawn up in a standard form and sent by mail with acknowledgment of delivery. This way you will know that the employer has received the documents. After 2 weeks you can stop working in the organization. After this period, the employee must be given a work book and a paycheck. Otherwise, he has the right to contact the inspectorate that deals with such illegal situations and labor disputes.

Application for resignation

The first thing an employee must do is submit a resignation letter on his own initiative 2 weeks before leaving. The countdown for this period will begin the next day. The law does not define exact requirements, but it should indicate several important points:

1. Last name, first name, patronymic and position of the manager, name of the organization.
2. Last name, first name, patronymic of the applicant, i.e. the employee himself.
3. The text of the statement itself. Includes a request to dismiss from a position on a certain date (it is better to write, for example, “August 1, and not “from August 1”). If necessary, indicate the reason for termination of the contract.
4. At the end there is the date of submission of the application, signature and transcript.

Labor legislation allows you to withdraw your request. This is done in the same form as an application for dismissal at the initiative of the employee. The manager has the right to refuse:

• if the resigning employee’s place has already been replaced by another person who, by law, cannot be denied a job;
• if the employee went on vacation (he should have withdrawn the application before the start of the vacation).

Reasons for dismissal

According to the Labor Code of the Russian Federation, the following cases are considered valid reasons for preserving an employee’s length of service:

• reaching retirement age;
• the need to move;
• some diseases;
• beginning of studies at a higher or secondary specialized institution;
• caring for a sick family member;
• violation of the employment contract by the employer.

It is not necessary to indicate a reason unless it is the basis for any compensatory monetary payments or the cancellation of the period of compulsory service. In general, you should just write “I ask you to fire me of your own free will.” Additionally, you can indicate the reason - “in connection with retirement.” The formulations of other circumstances are drawn up in the same way.

Order of dismissal

If the application for resignation of one’s own free will does not have a clear sample, then the order on it is drawn up according to the T-8 form established by law. It is published in 2 copies, one of which remains in the accounting department for calculating material payments. An order for voluntary dismissal is issued with certain details, such as:

• code according to the All-Russian Classifier of Management Activities (OKUD) – 0301006;
• code according to the All-Russian Classifier of Enterprises and Organizations (OKPO) - it is different for each company;
• name of company;
• the text of the order itself;
• Date of preparation.

Working period

The standard working period is 2 weeks. It starts the day after the application is submitted. But this period is not always maintained. You may not work for 2 weeks if:

• the employer does not see the need for this;
• the employee has valid reasons - enrollment in full-time studies, urgent relocation, becoming a pensioner);
• the employer violated the employment contract;
• the employee is on sick leave.

Vacation before dismissal

An employee has the right to resign on his own initiative, even during or before vacation. The application in this case is written in the same form. More often it contains the phrase “I ask for leave with subsequent dismissal at your request.” In accordance with Article 127 of the Labor Code of the Russian Federation, the last working day is considered the last day of vacation. In this case, you do not need to work 2 weeks.

List of documents upon dismissal of one's own free will

The employee only needs to submit a letter of resignation. In response, he will be issued official documents from the following list:

• work book with an entry on the grounds for dismissal issued by the personnel department;
• certificate 2-NDFL, confirming the amount of income received and withheld personal income tax;
• certificate of payment of wages for the last 2 calendar years;
• information about payments and other remunerations, about the insurance experience of the insured employee.

Calculation upon dismissal at one's own request

Payment for dismissal of one's own free will, as well as for other reasons, must be made on the day of dismissal, that is, on the last day of work. Calculation upon dismissal involves the payment of all amounts due to the employee: wages, compensation for unused vacations, payments provided for in the collective and employment agreement. If the dismissed employee used vacation in advance, the paid vacation pay is recalculated, and the corresponding amount is deducted from the salary upon final payment.

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If an employee was absent from work on the day of dismissal and was unable to receive a payment, he has the right to apply for it at any other time. The amount due to him must be paid no later than the next day after the application.

Dismissal procedure

No one is obliged to disclose the reason for their dismissal of their own free will.

We can talk about leaving a job of one's own free will when the initiative comes from the employee, and not from the boss. However, as you know, there are quite common cases when an employee is fired due to his fault, but is allowed to write a statement on his own so that he can freely get a new job.

If a person decides to leave on his own, voluntarily, he can write a statement at any time, and this does not require the consent of the manager or director. The dismissal procedure will be as follows:

• A letter of resignation is written of one's own free will. This is done in advance, usually two weeks before the actual departure.
• The application must be submitted to the personnel department, where a dismissal order will be drawn up. This order officially states all the details and conditions under which the employment contract will be terminated.
• The employee must familiarize himself with this order and put his signature confirming this fact. If for some reason the employee is absent and cannot read the order, a corresponding note is made and the signature of the personnel department employee or manager is affixed.
• The person leaving must also receive a paycheck. All amounts due to him (salary, compensation for vacations, bonuses, etc.) can be received on the last day of work in this organization (this is the date that was indicated in the application as the date of dismissal).
• An appropriate entry about the day and reason for dismissal is made in the work book. This is also done by the personnel employee. The work permit is issued in person or sent by mail if it is impossible to pick it up in person.

It is worth remembering that such departure from work is the right of any person. The employer cannot limit or withhold it, or refuse to pay the employee. There is no need to indicate or even name the reason for your departure.

If an employee agrees to work the required 2 weeks, complies with all the rules of the dismissal procedure and submits a statement on time, he is not required to explain his resignation.

Dismissal at your own request during the vacation period

The law does not prohibit resigning at your own request during the vacation period. Such a prohibition is provided only for dismissal at the initiative of the employer. An employee has the right to write a letter of resignation while on vacation, or to include the date of proposed dismissal during the vacation period.

This is also important to know:
Dismissal of one’s own free will during sick leave: procedure

If an employee wants to submit a letter of resignation while on vacation, there is no need to recall him from vacation

An employee can also resign of his own free will after using his vacation. Please note that granting leave followed by dismissal is a right, not an obligation, of the employer. If such leave is granted, the day of dismissal is considered the last day of leave. However, for the purposes of settlements with the employee, the last day of work in this case is the day before the start of the vacation. On this day, the employee should be given a work book and all necessary payments should be made. This is a kind of exception to the general rule given above, confirmed by judicial practice.

What date should be indicated in the employee’s resignation letter and in the dismissal order?

On the day of dismissal of the employee, an order is issued in form No. T-8 or another, if the organization does not use unified forms. However, the date in the order does not always coincide with the day of dismissal.

If the initiator of dismissal is the employer, then the order indicates the employee’s last working day when he went to work.

In addition, the order may contain a date for future dismissal, i.e., the day on which the employee will receive payment and be dismissed is determined. In this case, the date of issue of the order precedes the date of dismissal. However, if the grounds for dismissal for some reason no longer exist, for example, the employee withdrew his application, then the order will have to be canceled.

If an employee resigns of his own free will, he can indicate in the application any date outside the two-week period of work, regardless of what day of the week it falls on. In this case, the day of dismissal in the order will indicate the day following the last day of work.

If an employee is dismissed by agreement of the parties, the order indicates the date reflected in the agreement on termination of the employment contract.

How to correctly calculate compensation upon dismissal in 2019, read here.

Dismissal at will during sick leave

You can resign of your own free will while on sick leave.
The law prohibits such dismissal only at the initiative of the employer. An employee has the right to apply for dismissal during a period of temporary incapacity for work. A situation may also arise when the previously agreed upon dismissal date falls on the sick leave period. In this case, the employer will formalize the dismissal on the day specified in the resignation letter, provided that the employee has not withdrawn this application. The employer does not have the right to independently change the date of dismissal.

On the last day of work, even if it falls on sick leave, the employer makes the final payment and issues a dismissal order, in which he makes a note about the employee’s absence and the impossibility of familiarizing him with the order. The employee will come for the work book after recovery or, with his consent, it will be sent to him by mail. All amounts due to the employee will be paid to him no later than the next day after he submits the corresponding demand. However, temporary disability benefits will be assigned by the employer within 10 days from the date of granting sick leave and paid on the next day after the appointment, established for the payment of wages in the organization.

How to mark the date correctly?

Based on the resignation letter, you can see the required date for termination of the employment relationship between the company and the employee.

In the statement

The resignation letter is written or printed in any form, but indicating all the required details.

The date of dismissal must be stated (“Please fire me on March 22, 2020...”). To avoid misunderstandings, you should not write from what date the employee must be released from performing labor functions (“I ask you to fire me from March 22, 2020 - incorrect wording”). With this writing, the last working day may be considered March 23 - the next day.

Below is an example of the correct writing of the date of dismissal in a resignation letter.

Example of a resignation letter

It is important to remember that the date the document was drawn up and the date of dismissal are not the same thing. In most cases, the interval between dates is two weeks.

In the order

The date of drawing up the dismissal order and the day of dismissal (last working day) must coincide.

It is not worth issuing an order earlier, since a person wishing to resign during the two-week period of work can take advantage of the opportunity to withdraw his resignation letter.

This right is granted to him by Article 80 of the Labor Code of the Russian Federation. An exception to the rules is the execution of a dismissal order due to staff reduction before the actual day of dismissal.

In the work book

On the day of termination of the contractual relationship (if the employee is actually in the organization), he is given a work book, in which a record of dismissal is made with reference to the articles of the law.

The date of dismissal in the record will be the day, month and year of termination of the contract.

The employer no longer bears any obligations for the delay in issuance if the employee does not pick up his documents in a timely manner (he is only sent a reminder notice).

How to get reinstated at work through the court? Information is in our article. How to quit your job remotely without working off? Find out here.

Can a divorced woman with a child be fired? Read here.

What entry will be placed in the labor record?

It should be remembered that a work book is a rather strict document, and the outcome of possible disputes regarding length of service and type of work activity often depends on the correctness of the entries made in it. Therefore, when dismissing for any reason, including at his own request, the employee must ensure that the company’s personnel officers make an entry in strict accordance with the Labor Code of the Russian Federation. The current instructions for filling out work books provide that the entry is made with reference to Art. 77 of the Labor Code of the Russian Federation is a general article that provides for all grounds for dismissal, and not under Art. 80 of the Labor Code of the Russian Federation, which specifically refers to dismissal at the initiative of the employee.

Therefore, the entry in the work book for the person resigning must contain a reference to clause 3 of Art. 77 of the Labor Code of the Russian Federation and the words “dismissed at his own request” or “dismissed at the initiative of the employee.” Let us emphasize once again: in the labor instructions of Art. 80 of the Labor Code of the Russian Federation should not exist! This is a very common mistake that is made in many HR departments, but due to its prevalence, it does not become acceptable.

If, upon dismissal, you discover that a mistake has still been made, you need to demand that a new entry be made immediately: “The entry numbered ... (the number of the erroneous entry should be here) is invalid.” After this, personnel officers must make the correct entry for the next serial number.

Leaving correctly

Regardless of the reason for leaving, the employee must behave very correctly and with dignity, leaving the best impression of himself both as a person and as a specialist. To do this, you need to follow several basic rules. You can’t go “nowhere”; you first need to find a place to work and go for an interview. If the future location is objectively more promising, then you can prepare the team for your departure. Some employers understand that an employee is looking for a new job because they cannot provide prospects for further growth and development. Although most managers and colleagues treat someone who submits a letter of resignation as a traitor.

Diplomacy

It is possible that the bright prospects of working in a new position in a long-awaited place will remain a dream, so you should communicate very correctly with management.

No one is safe from mistakes; what if you have to go back? When talking with the director, you must use maximum arguments and a minimum of emotions. The reason for leaving should be formulated in such a way as not to affect the person’s self-esteem. It is best to start the conversation with gratitude for the invaluable experience of working under his leadership.

If you formulate your request correctly, you may be able to quit your job without working off. But at the same time, it is necessary to provide justification for the completion of all your current affairs. If the diplomatic approach gave a positive result, then you can ask for recommendations for a new job. And then you can even sit down to write a book “How to quit your job the right way.”

This is also important to know:
How to write a refusal letter correctly

The basic rule: there is no need to slam the door and shout about what a bad enterprise this is, even if the dismissal of an employee occurs on the initiative of the manager, you must at least “save face.”

Team

How to quit your job correctly so as not to cut off friendly ties and have the opportunity to return? The recipe is simple - be open and friendly. The work team is a big family - if you explain it correctly, they will understand and support you.

A prerequisite for dismissal is the delivery of all current projects and the completion of work begun. It will be very good if an employee brings a qualified specialist to his place, whose training will not take much time. Then the work process will not suffer, which will greatly please the management of the enterprise and colleagues at work.

After submitting the dismissal document and if it is signed by the director, it is necessary to notify all contractors with whom work and personal contacts have been established. This will help you not to lose useful connections and establish them if necessary, and it will also make the work of the person who will work with them in the future easier.

Common mistakes quitters make

Here's a list of the most common mistakes leaving employees make:

1. The desire to take revenge on all your offenders and break old ties. This cannot be done under any circumstances, you need to save your face and forget about grievances. You and these people cannot baptize your children, and the nerve cells, as you know, are not restored.
2. Stories about how bad the team was in the old company, and how hard it was to work there. These words can reach not only former colleagues, but also alert a potential employer if the person leaving starts complaining during interviews while looking for a new job.
3. Many people think that they can do without relationships with their boss and former colleagues, but they forget that a new job may require a recommendation from a previous position. And in future work, you may have to intersect with old colleagues.
4. Scandal about problems related to dismissal. This could be a lack of compensation for vacation or other situations. You need to talk about this, and not yell at your boss and employees. You need to defend your rights, but it is better to do this using civilized methods.

Thus, when looking for a new job, it is important to know how to quit your job. First of all, you must remember that you are still working in your old position, and you should perform your duties diligently. You shouldn’t sort things out and remember old grievances, otherwise you will achieve nothing but a scandal. And, having left behind a bad impression, former colleagues and superiors will never help you in a difficult situation.

Additional questions

In what cases should you wait to quit?

If the decision has already been made, then you should not postpone it for a long time, but in some circumstances it would be wiser to delay leaving a little:

• If you haven't managed to find a new job yet. A future employer will certainly ask what caused the break in your career. The shorter it is, the better for your reputation.
• If you studied at the expense of the organization. In case of early payment, penalties in the amount of tuition fees may apply.
• If the company plans to downsize. Dismissal due to reduction is more profitable, since it provides for the payment of severance pay.

How to protect your rights upon dismissal

It is worth noting that the organization faces heavy fines for failure to comply with labor laws, so it is unlikely that it will commit such serious violations.
If, nevertheless, they refuse to let you go, and two weeks after submitting the application, the dismissal order has not been issued, you can file a complaint with the office of the institution. If these measures do not lead to the required result, do not hesitate to contact the judicial authorities. In order to confirm the fact and date of writing the resignation letter:

1. make a copy of the application, having it certified by the HR department,
2. send the application by certified mail with acknowledgment of receipt,
3. send the application by telegram, having your signature certified by the signalman.

The fact that, by law, you can demand financial compensation if your salary is delayed or your work book is not returned will help you to cheer up. Labor disputes: what you need to know when going to court

What to do if you are forced to resign

There are situations when an employer tries to force an employee to resign at his own request. There can be many reasons for this: from personal hostility to reluctance to pay compensation amounts in case of layoffs.

As in the case of reluctance to accept a statement, these actions are considered illegal.

Termination of an employment contract by the employer can be based only on the grounds specified in Article 81 of the Labor Code of the Russian Federation.

Therefore, most likely, if the boss tried to hint at “his own desire”, then there is a high probability that he does not have any legal grounds for dismissal.

When an employee feels pressure from his superiors, and often hears requests to resign at his own request, he has every right to contact the labor inspectorate.

There you need to write a statement about the illegality of the employer’s actions. For the best effect, it is recommended to attach some evidence, for example, audio or video recording.

This is also important to know:
Can a pregnant woman be fired from work: reasons for dismissal according to the Labor Code of the Russian Federation

If an unlawful dismissal has already been made, then you can safely go to court to restore your rights.

What to do when your resignation letter is not accepted

If the employer does not accept the application and does not dismiss, the employee can send documents to the organization’s office management and document management department. How to do this by mail has already been discussed previously. Until the time specified in the application, you must perform your official duties in full. The right not to go to work appears when the notice period has expired.

Having not received a work book, you can go to court with a demand for all days of delay in issuing documents to recover the average earnings from the organization (paragraph 4 of part 1 of Article 234). The employee is also entitled to compensation for moral damage (paragraph 14 of part 1 of Article 21, Article 237). The inaction of the manager is subject to appeal in a court of general jurisdiction. You can protect labor rights through a trade union organization, a territorial division of Rostrud, or the prosecutor's office.

There are also legal issues associated with wrongful termination. It is considered as such when another person wrote the application for the employee or there is no document at all. If a forgery is discovered, the employee should file a lawsuit with a demand to restore it, as well as a petition for a handwriting examination. If a conscientious leader wants to play it safe, he should accept only those statements that are written by hand and in his presence.

Another condition under which dismissal is considered illegal is writing a statement under duress. It is difficult to prove that leaving a job was dictated not by one’s own desire, but by pressure from management, which is why winning cases of this kind are rare. Procedural violations may be grounds for declaring dismissal illegal. Neglect of the norms is sometimes indicated by a discrepancy between the dates indicated in the application and the order.

Thus, to ensure that neither party challenges the voluntary dismissal in the future, the letter of the law must be strictly adhered to.

How to challenge a dismissal order

You can appeal an order within one month from the date of receipt of the work book or a copy of the order.

The statement of claim states:

• data of the dismissed employee;
• information about the organization;
• claims against the employer.

Is it possible to withdraw a resignation letter?

The law establishes that during the working period, an employee has the right to withdraw the submitted application, and thereby change his mind about resigning. Thus, if this happens, the employee must submit a new application to the manager, which would cancel the previous one.

The law also establishes that if an employee continues to perform his duties after the date of dismissal, then the employment agreement with him will be considered valid and the dismissal will not have occurred.

It is also not uncommon for an employee to decide to first go on vacation and only then quit. Then you will be able to apply to cancel your previous resignation only before the start of the vacation period.

This limitation is imposed by the fact that despite the fact that the actual date of dismissal will be indicated as the last day of rest, by this time all documents have already been completed and the payment has been paid.

Therefore, due to the employee's right to rescind his or her application, it is best to complete all necessary termination paperwork on the final day of employment.

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Important! The withdrawal of the application may be refused. This will happen if a new one has already been invited to replace the resigning employee, and this was done by transfer from another employer.

Dismissal at your own request during a probationary period

If a citizen is accepted after passing a test, then a simplified dismissal procedure also applies to him. This means that he must express his desire to end his employment relationship not in 14 days, as with a regular dismissal, but in just 3.

In addition, by agreement with the administration, the working period can be canceled altogether. However, it is necessary to obtain unequivocal consent, since such a failure to appear can be framed as dismissal for absenteeism.

Important! If the employee decides to quit and the probationary period has already passed, then he will have to work under general conditions for two weeks.

In the case where the dismissal during the probationary period is carried out by the employer on his own initiative due to low performance results, there will be no need to work off at all.

You are on vacation

The Labor Code of the Russian Federation stipulates that every employee must be granted vacation every year. At the same time, an employee on vacation cannot be dismissed except at his own request. Consequently, an employee has the right to resign not only during work, but also during the vacation period.

You can do this in two ways:

• Apply for leave with subsequent dismissal. In this case, work will not be required: the vacation time will be counted towards the notice period for dismissal.
• Having already gone on vacation, submit your resignation letter. In this case, however, you should make sure that the application is sent at least two weeks before the end of the vacation - otherwise the head of the enterprise has the right to involve the resigning person in work for the missing days of up to two weeks.

At the end of the vacation, the employee who submitted such an application no longer goes to work, but receives a work book, reads the order of his dismissal against signature and receives a full payment.

I am a pensioner

Labor legislation does not require that a retired employee must resign from the moment his pension is assigned. However, retirement is one of the good reasons why an employee has the right to resign on the day he sets, without observing the two-week work period.

This is also important to know:
How to correctly formalize dismissal by agreement of the parties

Strictly speaking, there is some ambiguity in the norms of the Labor Code of the Russian Federation. In practice, it is usually believed that a working pensioner has the right to exercise the right to dismissal without service only once, and if he gets a job again in the future, he is obliged to follow the same rules when dismissing at his own request as all other employees, that is, to warn employer at least two weeks in advance. However, a literal interpretation of the law formally allows a retired employee to exercise the right to dismissal without service in the future. No single solution has been found yet.

I work part-time

According to the law, an employee has the right to carry out part-time work in his free time from his main job. The same rules apply to a part-time employee as to an employee in his main job, so the procedure for his dismissal will be exactly the same as in all other cases.

The only thing you should pay attention to is that the entry in the work book is made only at the main place of work. Accordingly, a part-time worker does not need to monitor the accuracy of the dismissal record and wait for the issuance of a work book.

I'm on maternity leave

Strictly speaking, current legislation does not contain the concept of “maternity leave”. This term in practice refers to two completely different types of vacation:

• Maternity leave provided only to women expecting a child.
• Leave to care for a child up to the age of three, provided to both mothers and other relatives.

What these two holidays have in common is that during their period the employee cannot be dismissed except at his own request. In all other respects, the dismissal procedure is absolutely the same as for other categories of workers - including regarding working off. Of course, in reality no one will call a woman back from vacation, but the application should still be submitted at least two weeks before the date of dismissal. However, in practice, managers are usually willing to fire an already absent employee immediately.

If I am a director (manager)

Like other categories of employees, the head of an enterprise has the right to resign. However, there are several special rules regarding it:

• The notice period for dismissal will not be two weeks, but not less than a month.
• The application is submitted to the owner of the organization's property. Depending on the organizational and legal form, this may be a state or municipal authority (for unitary enterprises), a meeting of participants or shareholders (for LLC, OJSC or CJSC), or an individual entrepreneur.
• If the manager works in a company (joint-stock or limited liability), the decision to dismiss him is made by the general meeting of participants or shareholders. To do this, the resigning director must first convene it in accordance with the rules of civil law.
• If the owner (or meeting of owners) does not make a decision to dismiss the manager within a month, he has the right to stop working. In this case, a unique situation arises: in fact, the director will fire himself, signing the order for his dismissal and putting a mark on familiarizing himself with it.
• As a rule, the head of the enterprise keeps the statutory documents of the organization. In case of dismissal, he is obliged to transfer them to his successor. In the same case, if the owner of the organization did not bother to appoint a new director, the person resigning can act in different ways:
• Store documents yourself.
• Transfer them to a notary for safekeeping on behalf of the organization.
• Unfortunately, a manager who resigns without the consent of the owner will not be able to make changes to the Unified State Register of Legal Entities, and until a new director is appointed, he will be listed in the Unified Register as the head of the organization.

In what cases can you quit without working?

The law establishes cases when compulsory service is not required. But in this situation you need to provide a supporting document.

Such situations include:

• Transfer of a spouse to a place of work in another locality, city, etc. (a summons certificate is provided);
• Admission to full-time studies (based on the enrollment order);
• The employee's first retirement. This right is granted once. If a pensioner gets a job again and quits again, this will have to be done on a general basis with a two-week period of work;
• If the company’s management violates the provisions of the Labor Code - it does not pay wages on time, conditions in the workplace have worsened, etc.

Correct dates on application

When an employee of an organization plans to submit an application to terminate the contract, the date must be correctly indicated in it . It is also necessary to date the application so that in the future the employer does not have doubts about working out the required two-week period.

It happens a little differently when the contract is terminated by agreement of the parties. In this case, it is necessary to indicate in writing the decision to terminate the employment relationship with the employer. In this case, it should be indicated in the document not “of one’s own free will”, but by “agreement of the parties.” In this case, it is necessary to enter the date on which the parties had an agreement.

When employees do not date the notice, they are making a mistake. The fact is that the countdown of the two weeks assigned as work begins from the moment the employer accepts the notice. If the termination of the employment contract falls on a holiday or weekend, the employer may dismiss the employee a day earlier.

When an employee does not indicate in the document the date from which he asks to be dismissed, the organization’s management has the right to do this after two weeks.

Despite the fact that, according to Article 80 of the Labor Code of the Russian Federation, a specialist is not obliged to monitor the correctness of the document, including the correct date setting, it is advisable that he still check this. This will help avoid misunderstandings in the future.

Dismissal in two weeks

When there are no special conditions, dismissal is carried out in accordance with general rules . That is, the employee asks to be fired 14 days from the date he wrote his resignation letter. Therefore, this period of time must be taken into account when considering the question of what date a resignation letter is written.

It is necessary to set the date at the moment when the document is drawn up. When the selected date falls on a holiday or weekend, the termination of the employment contract will be postponed to the next day.

For example, if the resignation letter says dismissal effective March 25

If the fourteenth day is a day off, then the dismissal will take place on the next working day, namely April 11.

If an employee wants not to be registered at work as of June 16, but this day is a day off, then the application must be submitted no later than June 2. And if the request indicates Monday - June 5, then the termination of the employment contract will be carried out according to the norms only on the 19th. That is, the employee needs to write a letter of resignation from a certain date.

Release from position after 3 days

In special cases, it is possible to terminate the employment contract between the parties after three days. This is possible when:

• employee's probationary period;
• if the contract was concluded for no more than two months;
• when the contract provides for the provision of work of a seasonal nature.

In such cases, the document should be dated on a date that is 3 days later than the current one. If you set Monday as the day of dismissal, you will have to work it off, because the dismissal procedure is not carried out on weekends.

Termination of an employment contract

Some cases provide for immediate termination of the employment contract. However, the document must indicate a valid reason for such a decision. Circumstances that make it possible to immediately terminate a contract include:

• Reaching retirement age by workers.
• The employee passed the entrance exams and entered a higher education institution as a full-time student.
• An employee who resigns is drafted into the army.
• Relocation of a worker.

Also, similar reasons include illness or injury that makes it impossible to work. At the same time, in order to terminate the employment contract immediately, it is necessary to provide documents that correspond to the problem. This could be medical certificates or an agreement with the institution where the employee who decided to resign will study.