“We examined the dismissal procedure, as well as complex issues about dismissal while the employee is on vacation, on sick leave, etc. And we will devote this article to filling out a resignation letter. It would seem that what could be simpler than this document? However, in practice, many questions arise that often baffle even experienced personnel officers.
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 is evidenced by the phrases “dismiss”, “terminate the employment contract”, “terminate the employment relationship”. Accordingly, they should be contained in the employee’s application.
If it contains neutral expressions (I ask to be relieved of my position, I resign, I ask to be considered free, etc.), then issuing a dismissal order on the basis of such a statement is risky. After all, the employee may later state that he just wanted to take a vacation or time off, or transfer to another position.
Therefore, if an employee brings a statement with such wording, ask him to rewrite the document. If a verbal request is not enough, you can formalize this by order of the manager, issued on the basis of an internal memo from a personnel employee. In this note, the HR employee informs the manager that a statement has been received from the employee, but the will to dismiss is expressed implicitly. The manager, in turn, issues an order in which he informs 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 given to the employee against signature.
Is two weeks a period or a period?
The next bottleneck in a voluntary resignation letter is the date of termination of the contract. Many employees do not bother themselves with calculations and submit applications without indicating the date of dismissal at all, believing that in two weeks they will be fired “automatically.” However, this should not be done under any circumstances. Let's explain why. According to Article 80 of the Labor Code of the Russian Federation, an employee who decides to quit must notify the employer about this at least two weeks in advance. Please note that the legislator says “no less than...”, which means that we are talking only about the minimum warning period. So nothing prevents an employee from notifying the organization of his dismissal three weeks, a month, two, or six months in advance.
So it turns out that if the application does not indicate the date of dismissal, then such a document cannot be accepted for execution. The solution is the same as in the previous case: if verbal suggestion does not help, the personnel employee prepares a “service notice” addressed to the manager, and he issues an order explaining the procedure for dismissal and asking to clarify the date of dismissal.
No preposition needed
Another point in the resignation letter that you need to pay attention to is again related to the date of termination of the employment relationship. According to Article 84.1 of the Labor Code of the Russian Federation, the day of dismissal is the employee’s last working day. Accordingly, it is this day that the employee must indicate in his application as the date of dismissal.
And this must be done clearly to avoid possible misunderstandings. That is why it is customary to indicate the date of dismissal in the application without any pretext. That is, the wording should be like this: “I ask you to fire me on May 11, 2011” or even better: “I ask you to consider May 11, 2011 as your last working day.” But if the application says “I ask you to fire me as of May 11, 2011,” it is no longer clear whether the employee plans to go to work on May 11 or not.
Accordingly, if an “incorrect” application is received, we already know the algorithm of action: an oral request to rewrite it, and if that doesn’t help, then a memo and an order from the manager.
Dismissal without work
And to conclude the conversation about dates, let’s consider another situation where an employee filed an application in which the date of dismissal is indicated without taking into account the two-week notice period, that is, the employee asks to dismiss him before the expiration of this period.
In this situation, the employer has a variety of actions. So, he can agree with this formulation of the issue and fire the employee on the day he asks, without waiting for the expiration of two weeks. A similar possibility is directly provided for in Article 80 of the Labor Code of the Russian Federation. It says that by agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal. In this case, the employee’s statement and the dismissal order issued on its basis will precisely confirm the existence of such an agreement. After all, the Labor Code does not stipulate that the agreement must be written and drawn up in the form of a separate document.
The second possible course of action in this case would be to notify the employee that his application was submitted in violation of the rules established by Article 80 of the Labor Code of the Russian Federation. This should be followed by a proposal to indicate the date in the application, taking into account the provisions on the need to notify the employer at least two weeks in advance. In this case, the employer must inform the employee that his initial statement has no legal force and he will not be fired on its basis.
The signature is the head of everything
Generally speaking, an application for voluntary resignation does not have many mandatory details. And almost all of them have already been discussed above. But don’t forget about the most important detail – the employee’s signature. Obviously, it must be on the application. Without it, this document has no legal force.
To avoid disputes about whether the employee himself signed the application or whether his signature was forged, we recommend making it a rule in all personnel documents to provide employees with the opportunity not only to sign an autograph, but also to fully decipher their signature on their own (as is usually done in notarial documents - powers of attorney, contracts and so on.). It is better to issue a “dismissal letter” in the same way.
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. Indeed, in this case, the very principle of dismissal on the initiative of the employee is violated - the initiative no longer comes only from the employee, but partly also 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.
– the procedure is quite simple and quick if you follow certain rules. This is the most popular reason for leaving, even if there was another, objective reason for the person’s dismissal, since after this it will be easier to find a new job and explain to the new boss the reasons for leaving. It is important not to violate the procedure for dismissal and drawing up and submitting an application, so as not to encounter difficulties in the future.
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 someone is fired due to his fault, but is allowed to write a statement on his own so that he can easily 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:
- It is written. 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, 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 is made about the day and reason for dismissal. 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.
Application and deadlines for its submission
Dismissal at your own request: you can write by hand
Of course, it is advisable to notify your superiors of your desire to quit before you do so. During this time, all the nuances can be discussed, and the boss can find a new employee to replace the departing one.
After all issues have been resolved, you can write a statement. It is written extremely simply. All you need is one phrase: “Please fire me voluntarily” and a date that can be considered the day of dismissal. Of course, you need to indicate the name of the organization, the name of the director, signature and date of preparation. That's all it takes.
There is no need to indicate the reason for leaving, and no one has the right to demand this from the employee. However, if the employee does not wish to do so after writing the application, he must indicate the reasons for his refusal. In some cases, documentary evidence may be required to prove that it is necessary to resign immediately and without work.
As mentioned above, the application must be submitted two weeks before the actual departure or earlier. That is, if a person submits an application on March 3, he will be fired on March 17. This period may be shorter if both the employee and the management have agreed on this matter.
If a person quits during the probationary period, he notifies the boss 3 days before leaving. The head of the organization may resign with a month's notice, since it is more difficult to find an employee for this position. Working pensioners are not required to work; they can leave immediately after writing an application.
If the application was submitted in advance, and then the employee fell ill and went on sick leave, then the day of dismissal may fall on sick leave. This date does not change or be postponed unless the employee himself withdraws his application. Accordingly, wages are paid for all days worked and that part of the sick leave that fell before the date of actual dismissal.
If after this the employee continues to be sick, the organization is not obliged to pay him.
However, if an employee first quit and then fell ill within a month after leaving (provided that he did not get a new job), he can still count on a payment of 60% of average earnings.
If the dismissed person continues to be ill and cannot come to the workplace after dismissal, a note is made in the order that he cannot be familiar with the order. He can pick up the work permit and receive payment at any time. The due amounts must be paid to him on the same day or the next day after filing the relevant claim. This applies to salaries and compensation for.
Sick leave benefits are accrued in the same way as for working employees, that is, within 10 working days after submitting sick leave and are accrued on the day of the next payment.
Possible difficulties
Dismissal at your own request: entry into the labor record
Although such a procedure as voluntary dismissal is not often accompanied by difficulties, sometimes they do occur. More often they are associated with formalities, but even if all norms and rules are observed, difficulties can arise due to disagreement between the employee and management. Common difficult situations:
- The quitter forgot to indicate the date of dismissal and indicated only the date of filing the resignation. This should be avoided, since management in this case may determine the date on their own, which the employee will not agree with. If the application has already been submitted, you can attach another document to it, in which you can indicate the date of dismissal.
- The last day of work falls on . If the last working day is a non-working day, you can postpone the dismissal date to the next working day. For example, the application was submitted on February 23, 2016, and the dismissal date falls on March 7, a non-working day. In this case, the date of dismissal can be considered March 9.
The phrases in the statement are blurred. Typically, a sample application can be found from a human resources employee.
You should clearly state your desire to leave your job with phrases like “please fire me”, “please terminate”, etc. You should not write “I ask to be relieved of my powers”, “I ask to be considered free” and so on. These phrases are vague. Moreover, this is risky specifically for the bosses, because then the employee can claim that he meant something else, a vacation or another position.
The employee wishes to withdraw his application. It is believed that the entire period before the day of dismissal can be withdrawn if you write a corresponding petition. However, there are some nuances here:
- It will not be possible to withdraw the application if during this time the management has already found a new person for this position and formalized it.
- No signature. The application contains a small number of details; remembering them is not so difficult. Signature is one of the required items. Moreover, it is advisable to put not only a signature and its transcript by hand, so that later no one can say that the signature was forged.
- The application indicates the date of dismissal without work. In this case, the decision is up to the authorities.
- If he has no desire to keep the employee further, he will sign the order and release him without work. If there is a need to work, he will notify the employee that such a statement has no legal force, and he is obliged to work for 14 days.
To avoid such difficulties, you need to discuss such issues with your superiors in advance and follow all the rules of the dismissal procedure.
We find the answers in the video - dismissal at will:
Application for resignation– a document drawn up by an employee for the purpose of terminating an employment contract with the employer. There is nothing complicated in its preparation, but it is worth knowing some points, which we will discuss in this article.
Let's look at the possible reasons for dismissal that occur in organizations, the general rules for filling out a resignation letter, and give a few resignation letter samples which are used in certain situations.
Possible reasons for dismissal
An employee may be dismissed from the organization in the following cases:
- Forced dismissal of an employee under the article;
- Dismissal at your own request.
Forced dismissal of an employee under article
An employer can fire an employee if he does not comply with the terms of the employment contract. For example, if an employee fails to cope with his duties, is absent from work without a good reason, etc. Each of these cases is regulated by a specific article in the Labor Code of the Russian Federation.
For forced dismissal under this article, the organization prepares a corresponding order. In this case, a resignation letter is not drawn up, since applications are always written on behalf of the employee, and in this case the initiative comes from the management of the organization.
Dismissal at your own request
Dismissal at your own request– this is the dismissal of an employee on his own initiative. In this case, the employee, for some reason, decided to stop working in the organization. For example, when moving to another place of residence, when offered a job in another place with better conditions, etc. In this case, the employee needs to write a letter of resignation of his own free will and submit it to the employer.
According to the Labor Code of the Russian Federation, an employee must notify the employer of dismissal 2 weeks before, unless a different period is specified in the employment contract. If the employee is on a probationary period, or the contract with the employer was concluded less than 3 months ago, the employee is obliged to notify the employer 3 days in advance. If a manager leaves the organization, he must notify about this at least a month in advance. The countdown starts from the next day after submitting the application.
Thus, after submitting the application, the employee must work for some more period established in the Labor Code of the Russian Federation, so that during this time the employer can find a replacement for the employee. note: if an employee does not come to work without a good reason after submitting an application, the employer may fire him for absenteeism!
Working off will not be required if the employee quits due to entering an educational institution, the employee has changed his place of residence, or his retirement date has approached. Also, the employee will not need to work off if he has come to a mutual agreement with the employer, which must be drawn up in a separate document.
An employee who has submitted an application for dismissal of his own free will may withdraw his application before dismissal no later than one day before the day of dismissal, if another candidate invited in writing has not yet been selected to replace him. The refusal to dismiss is written in free form. You can also simply withdraw your resignation letter.
How to write a resignation letter?
There are a number of rules that must be followed when drawing up resignation letters:
- The application can be printed or handwritten on an A4 sheet.
- A header is filled in in the upper right corner of the sheet. Here the full name and position of the person to whom the application is addressed (usually the director) and the full name and position of the author of the application (employee) are indicated.
- Next, the title “statement” is indicated.
- After this, the text of the application is written in free form. Here you must indicate the reason for dismissal. When leaving at your own request with service, it is enough to write “at your own request.” It is also advisable to indicate the date of dismissal. When calculating it, you need to take into account the deadlines established in the Labor Code of the Russian Federation (see above). note: if the date is not specified, the employer will calculate it himself, and it may not coincide with the date you plan!
- After the main text, you need to indicate the date the application was drawn up and sign with a transcript. The application must be signed by hand!
Samples of resignation letter (examples)
Below are examples of resignation letters, which are used in various situations.
Sample application for voluntary resignation
Let's give 2 examples applications for voluntary resignation. They are compiled taking into account two weeks of work after submitting the application:
Director of IT LLC
Vinogradov M. S.
from a programmer
Moshevoy O.V.
statement.
Director of IT LLC
Vinogradov M. S.
from a programmer
Moshevoy O.V.
statement
about voluntary dismissal.
Based on Art. 80 of the Labor Code of the Russian Federation, I, Mosheva O.V., ask to be dismissed from the position of programmer on September 29, 2016.
Sample application for dismissal without service
An employee can resign without service only in exceptional cases (enrollment in an educational institution, retirement, change of place of residence, or by agreement of the parties). A sample letter of resignation without work is similar to a regular letter of resignation, but here you will also need to indicate the reason.
To the Director of Sfera LLC
Alimov S. G.
from an analyst
Voropaeva E. M.
statement.
I, Voropaev E.M., ask to be dismissed at my own request from the position of analyst on March 10, 2016 without work due to retirement.
Sample application for dismissal with working on vacation account
If the employee has unfulfilled annual paid leave, the employee can spend it on working off. In this case you need to use
statement.
Sample application for withdrawal of resignation letter
The resignation can be withdrawn using another application, which must be submitted to management no later than one day before the date of dismissal. If management has not yet found another candidate to replace the employee, it will be approved.
To the Director of Knizhnik LLC
Potapova A. Z.
from the seller
Petrova I. E.
statement.
Please consider my resignation letter dated December 25, 2016 invalid.
Often, when dismissing employees of an organization, controversial situations arise regarding the date of the official release of the worker from his position.
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It is important that the day of dismissal is correctly determined and stated in the resignation letter in accordance with current legislation.
What does the law say?
The Labor Code allows an employee of an organization to sever employment relations with the employer.
The definition of the final day of an employee’s career at a particular enterprise is discussed in the Labor Code, namely in Articles 77 and 80.
The final 8 hours of work in the organization are also the deadline for dismissal.
Paragraph 1 of Article 84 of the Labor Code of the Russian Federation states that an employee ceases to be an employee of the organization and to perform labor functions at the moment of termination of the document confirming the cooperation of the employer with the employee under certain conditions -.
How to correctly determine the last working day?
Self-care
Upon liquidation
If a legal entity ceases to exist, employees of the organization and trade union bodies must be warned about the upcoming event in advance (two months before liquidation).
The order for job reduction indicates the date of completion of the organization's commercial activities, which will be considered the moment of dismissal. The same procedure applies when declaring bankruptcy of an enterprise.
Moreover, even pregnant women and women on maternity leave will not have special benefits upon dismissal.
When staffing is reduced
Before the start of the process of mass dismissal of employees of the enterprise (reduction), the manager issues an order on staff reduction, which every employee of the organization must be familiar with.
The date of dismissal and termination of the contract with the organization will be considered the last day of work of the employee in the company.
After sick leave
An employer cannot dismiss an employee on his own initiative who is not present at the workplace due to poor health.
In such a situation, the last day of dismissal is considered a working day, the first after closing.
If an employee of an organization has died, it is impossible to dismiss him using a death certificate.
It is necessary to wait for the death certificate to be issued, and only then issue the appropriate order.
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) to him, 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 day, month and year.
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).
When is an employee paid?
The deadline for issuing the full amount of money due to the employee is limited by Art. 140. Labor Code of the Russian Federation.
According to the provisions of the Code, all settlements with the dismissed person must be made in the last hours of the contract.
Subject to issue:
- funds earned for all time worked, but not yet issued;
- the amount of severance pay, if any is provided;
- amounts of other compensation.
Responsibility for violation of payment deadlines lies with the employer.
In case of untimely payments, administrative fines are imposed on the organization and the perpetrators:
- 5 – 50 minimum wages from guilty officials;
- up to 300 minimum wage per employer.
Is it possible to move dates?
It is important for the employer to remember that during the last two weeks of cooperation with the employee, he must have time to complete all employment relations with him.
Dismissal at the request of an employee is considered one of the most common ways to leave a job. The initiator is the employee, and the head of the employer company can only approve the application to terminate the employment relationship with him. However, not all so simple! And you need to resign of your own free will correctly.
The procedure for dismissal at the initiative of an employee
First of all, it is worth clarifying: an application for termination of contractual relations at one’s own request is written only by a full-time employee drawn up under an employment contract. If there is a civil contract and if there is a desire to terminate it, a notice is written.
The basis for dismissal of an employee on his initiative, drawn up under an employment contract, is a statement written by him:
- in any form;
- addressed to the head of the enterprise;
- indicating the day of dismissal and its grounds - “at one’s own request”;
- with your own signature and date of preparation of the document.
But the reason for dismissal may not be indicated. And if it is included in the document, it is not considered an error, nor is it considered a reason for refusing dismissal. However, if you are dismissed without service, you will still need to indicate the reason. But you shouldn’t lie - HR officers may request documentary evidence of the reason for dismissal without work reflected in the application. In other cases, it will be enough if the document states “I ask you to dismiss me at your own request” and the date of dismissal is placed next to this phrase. This date is recognized as the employee’s last day of work.
Video - the procedure for dismissal at your own request:
After the application is written, it must be transferred to the personnel department or registered with the secretary or the person who has the right to mark the acceptance of the application. In small enterprises, this can be done by both the manager himself and the chief accountant. Therefore, it is best to draw up the application in 2 copies:
- this is not prohibited by law;
- one copy is marked with acceptance of the application for dismissal - and it is this copy that remains in the hands of the resigning employee and serves as protection for him from any attempts to keep him in the workplace.
After registering the application with the personnel service, a dismissal order is issued based on it. For this purpose, use the form approved by the State Statistics Committee of the Russian Federation in Resolution No. 1 of 01/05/04 - form T-8. This document must include a link to:
- on the Labor Code of the Russian Federation (according to the text - the Labor Code of the Russian Federation) - on clause 3, part 1 of article 77;
- on the application details of the resigning employee.
As soon as the order is issued and signed by the manager, the employee is introduced to the contents of this document against signature. If it is not possible to familiarize the employee with the order (for example, he has left or refuses to sign it), then a note about this is made on the document, which can be certified by witnesses.
On the last day of work, the employee is paid his salary, compensation for vacation, and other amounts as provided for in the Labor and (or) Collective Agreement; And .
How to write a resignation letter of your own free will
Only a personally drawn up and signed resignation letter of an employee is grounds for terminating the contract with him! Therefore, this document must be drawn up correctly, taking into account the following:
You don’t have to give a reason for writing a resignation letter if the reason is your own desire. However, if we are talking about terminating a contractual relationship without working for 2 weeks, the application will have to indicate the reason for leaving work.
How to properly quit your job of your own free will without working off
An employee can resign without service, both on his own initiative and for reasons established by law:
- on their own initiative - upon retirement, upon admission to a university, and for other reasons (Article 80, Labor Code of the Russian Federation);
- on legal grounds - violation by the employer of the provisions of labor laws, norms of the employment contract, local regulations, etc.
In both cases, the employee writes a statement in which he necessarily reflects the reason for the termination of the relationship and writes the phrase “I ask you to dismiss at your own request without working off “____”__________2016.” Apart from this phrase, writing and submitting this application is the same as for a regular dismissal at will. And the employer has no right to refuse. Moreover, he is obliged (!) to terminate the employment relationship with him within the period specified in the employee’s application.
But the employer can satisfy the request for dismissal without mandatory service in other situations. To do this, the employee must negotiate directly with the employer so as not to be refused.
Submitting an application
As stated earlier, the statement:
- submitted personally by the employee;
- sent by mail (not by email!);
- sent via courier.
This is done so that the employee who is resigning receives a mark indicating that the employer has accepted the document. For the employee, this mark is important because it allows you to establish the beginning of the period from which the employee has the right to resign.
This period begins immediately after the employer receives the application. In addition, the presence of this mark is protection for the employee if he does not return to work at the end of the two-week period. In this case, no one has the right to recognize him as a truant and dismiss him under the article.
An employee has the right to submit an application for dismissal while:
- on a sick leave. In this case, even if the day of dismissal falls on the validity period of the sick leave, the employer is obliged to prepare an order for dismissal and a work book, and calculate payments for the employee. In such a situation, since the employee cannot sign the order, a note is placed in this document about the reason for the inability to familiarize himself with the order. The employee will come for the work book and payments after recovery;
- on holiday. The date of dismissal may fall either on the vacation itself or on its end. An employee can take out a work book and payment after returning from vacation.
After the application is submitted
After submitting their resignation letter, some employees choose to stay away from the workplace for two weeks, but this is not recommended at all. Is it worth spoiling the relationship with the employer, whom you will have to contact for?
At the end of the notice period (on the day of dismissal indicated in the application), the employee must receive the entire payment:
- salary;
- vacation pay;
- bonuses and other payments as provided for in the collective and (or) labor agreement.
In addition, the employee must be given his work book. But, upon receiving this document, it is necessary to clarify the entry made in it: the reference to the article of the Labor Code of the Russian Federation must correspond to the content of the dismissal, i.e. at the initiative of the employee. In this case, the work book should contain a reference to Article 77, its clause 3, part 1. And nothing else!
conclusions
An employee can be dismissed on his own initiative only on the basis of his written application, and signed by him. When terminating an employment relationship on his own initiative, an employee can file an application, either with or without work. But in the latter case, it is necessary to clearly indicate the reason for leaving work. The application must also indicate the day of dismissal and ensure that this document reaches the employer.
