How to submit a resignation letter. How to write a resignation letter of your own free will

Application for resignation at will- this is important personnel document. Is it worth writing it when you decide to quit, but don’t want to work for two weeks? Or, on the contrary, have you already informed management about your decision, but changed your mind about quitting? How to correctly write a letter of resignation of your own free will? Let's talk about the intricacies of termination employment contract at the initiative of the employee.

Prompted me to write this article next situation: Recently, one boss forced her employee to write a letter of resignation. Moreover, in this situation it was not necessary to work for two weeks. Under the threat of dismissal under the article, this employee wrote the required paper, but, on reflection, decided not to give up so easily. Before withdrawing her resignation letter, she decided to carefully study the theory and find out how to correctly write a resignation letter of her own free will and how to fight for her rights, if in fact the employee did not have the initiative to terminate the employment contract. So, let's start in order, and at the end of the article we will be able to download a sample letter of resignation at our own request.

What and how to write in the application

How to correctly write a resignation letter of one's own free will worries many. This document is very simple to draw up - it is written in free form, but there are mandatory details:

• indicate the addressee in the upper right corner - usually this is CEO organizations;
• write who is the author of the appeal (indicate not only the last name, first name, patronymic, but also the position);
• in the center - title: letter of resignation of one's own free will;
• further - the basis, the actual text of the request (you can indicate the article number Labor Code of the Russian Federation, you can do without it);
• In the lower right corner put your signature, transcript and date.

The main wording of the statement that is used is “I ask you to fire me at your own request.” Below is the resignation form:

This example of a voluntary resignation letter can be downloaded at the end of the article and used by adding your data.

In order to simplify paperwork, you can prepare a sample for employees on how to correctly write a resignation letter of their own free will, or create a folder on the corporate server containing a set of samples personnel documentation, which will include not only such a document, but also an application for dismissal by agreement of the parties. Then employees will not have to rack their brains and compose the texts of documents themselves.

Letter of resignation during probationary period

A probationary period is often set for a new employee so that both he and the employer have the opportunity to evaluate decision and understand whether they suit each other. It speaks about who can be tested and who cannot be tested. Art. 70 Labor Code of the Russian Federation. In the context of our article, I would like to note only one thing, but important circumstance: resignation letter for probationary period(in case of termination of the employment relationship at the initiative of the employee) is submitted not two weeks, but only three days before the termination of the contract.

The passage of time begins with next day upon receipt of an application or warning by the employer.

Do I need to work for two weeks?

The answer to the question of how many days before dismissal you need to write a statement is very important. The Labor Code of the Russian Federation says that an employee who decides to terminate an employment contract on his own initiative must notify the employer of the termination of the employment relationship no later than 2 weeks in advance (Part 3 of Article 80 of the Labor Code of the Russian Federation). This period begins from the day following the day on which the employer received the resignation letter from the employee.

When asked whether it is necessary to comply with the notice period or not, and therefore to work for 2 weeks upon dismissal, the Labor Code of the Russian Federation answers:

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

That is, to reduce the warning period, an agreement between the parties is required. And for this you can write a statement with the following content:

There are situations when such consent is not required and the employee has the right to terminate labor Relations within the period specified in his application:

• enrollment in educational institution;
• retirement;
• changing of the living place;
• caring for a disabled person of group 1;
• violation by the employer labor legislation.

In all these situations, the employer is obliged to terminate the employment contract within the period specified by the employee in the application. In this case, an application for dismissal without service is written, which indicates all good reasons for this.

Dismissal and vacation

An employee has the right (it is not a fact that this right will be exercised by the employer) before resigning to go on paid leave. IN Article 127 of the Labor Code of the Russian Federation it is stated that an employer can grant leave at the request of an employee before leaving. The legislation does not clearly regulate this question, so an employee can write either one or two statements (meaning for dismissal and for the upcoming vacation).

How to write a letter of resignation with the provision of annual paid leave beforehand? There are no clear recommendations in this case; be guided by the document flow procedure that is accepted in your organization. The text of the statement might sound like this:

I ask you to provide me with annual paid leave followed by dismissal.

Regardless of the number of applications, the day of termination of the contract, if the employer nevertheless decides to comply with this request for leave, will be considered the last day of paid rest. If the employer does not want to let the employee go on vacation, he will be obliged to pay monetary compensation for all unused days vacation.

How to write a letter of resignation of your own free will demanding payment of such compensation? In principle, this is not required, because the employer, like all others, is obliged to make this payment independently, without additional reminders or statements. However, if you want to play it safe, read about how to do this in our article.

You can decide to quit while you are on vacation - in this case, you can also write a statement and send it by mail. Then vacation days can be included in the two-week working period. However, the countdown of this period will begin when the employer receives the letter (which means it is better to send a letter with notification in order to know this period and prevent accidental absence).

How to quit while on sick leave

This can be done in the same way as in the case described above (during vacation) - just send an application by mail. Termination of the contract during sick leave is possible only at the request of the employee ( Art. 81 Labor Code of the Russian Federation).

Full payment and issuance of documents

The company is obliged to pay all compensation, vacation pay and wages to the employee on the last day of his work. If on the day of termination of the contract the employer has not made a full payment, he is obliged to compensate the leaving employee for his error in the amount of not less than 1/150 of the current Central Bank key rate of the amounts not paid on time for each day of delay, starting from the next day after deadline payments up to and including the day of actual payment and issuance of the completed work book.

If, before terminating the contract, the employee first goes on vacation, then the calculation and issuance of all documents must be made before the vacation.

If the employer delays documents

If for some reason they don’t give you your work book, this is serious violation law. According to the rule specified in Article 234 of the Labor Code of the Russian Federation, in case of delay in issuing a work book on the day of dismissal due to the fault of the employer, he must compensate the employee material damage as lost earnings for the entire period of delay, if the lack of a work book in hand prevented the employee from getting a new job. Moreover, the day of termination of the contract in this case will be considered not the day indicated in the application, labor or order, but the day actual issue work book in hand (clause 35 Decree of the Government of the Russian Federation of April 16, 2003 No. 225"About work books").

As the Labor Code states in this case, termination of an employment contract in such a situation is formalized additional order, and an entry is made in the work book. Previously entry made on the day of dismissal is declared invalid. In order to complete all these steps, you need to contact former employer with a written request to issue you a delayed work book, compensation for lost earnings and to change the corresponding entry in it on the date of actual delivery of the document.

If the employer refuses to voluntarily comply with your demands, you need to go to court. But remember that this can only be done within a month from the day you were fired ( Art. 392 Labor Code of the Russian Federation). If a month has already passed, then it is better that there are good reasons for the delay. And although the court does not have the right to refuse to accept a claim based on omission claim periods, but if the defendant, that is, the employer, declares this, the trial can be lost (unless the court decides to restore the terms limitation period). So keep an eye on the time or stock up on good reasons.

Responsibility of the employer for keeping the work book at work former employee excluded if two conditions are met:

1. The employee did not show up for it on the day of payment (the last working day).
2. The employer sent the employee a notice of the need to appear for work book or consent to its sending by mail.

Is it possible to change your mind and withdraw your application?

Within two weeks of work, the employee’s decision to leave of his own free will can be annulled. After all, he has the right to withdraw his request for dismissal (Article 80 of the Labor Code of the Russian Federation). If the employee goes on vacation before this, he can revoke the document before the day the vacation begins. A sample application for withdrawal of a resignation letter may look, for example, like this:

And if another employee has not yet been invited to this place, who, in accordance with the law, cannot be denied a contract, nothing can prevent the employee from returning.

The Labor Code of the Russian Federation stipulates that another employee must be invited to writing.That is, the employer’s unfounded statement “I already hired someone else, because you were fired of your own free will” will not work here. There must be written proof.

In order to withdraw the first application, you need to write a second one. If your employer refuses you, demand from him written refusal indicating the reasons.

If you were forced to write a “resignation letter of your own free will” and are not going to negotiate, in this case next stage- This is filing a lawsuit. If you are not the only one in the organization with a forced departure “on your own,” invite all the “offended” as witnesses. Now courts in such disputes between employees and employers most often take the side of the former. And if the trial is won, the loser will be obliged to reinstate you at work and pay your salary for the entire time while this issue was being resolved.

We continue to work

But let’s say two weeks have passed, you decided to cancel your dismissal from work, and your bosses are in no hurry to pay and return the documents. The Labor Code of the Russian Federation provides that if after two weeks the employment contract is not terminated and the employee does not insist, then the statement “at his own request” loses legal force and the employee is not considered dismissed.

End of story

How did the story with which we began the article end? As expected, the employee was not allowed to withdraw the application, and no evidence was provided of the invitation of another employee. Knowing how to write a resignation letter of her own free will (sample at the end of the article) and how events would develop, she recorded the entire conversation with her boss on a voice recorder, where a phrase appeared that proved that the paper was written under pressure. Now this employee is filing a lawsuit and has already found witnesses who were also forced to leave this organization under pressure. With such evidence, she has every chance of winning this case.

We hope the article answered the question of how to write a resignation letter without errors. The template of this document will help you avoid mistakes in writing, as well as in the sequence of actions.

A letter of resignation is not such a simple document as is commonly believed. The consequences will largely depend on the form in which an employee intending to leave the company submits a resignation letter to the employer and what exactly he writes in it, for example, if the employee changes his mind about leaving or tries to reinstate himself at same place work through the court. We will tell you in our article what is important for an employee to remember, where to find a sample resignation letter, and what an employer should pay attention to.

When is it necessary to write a letter of resignation of your own free will?

The right of an employee to leave the company in which he works is enshrined in Art. 80 Labor Code of the Russian Federation. At the same time, he must inform the employer of his resignation in writing. How exactly to report? Draw up a statement confirming his intention to resign from the organization.

Important! A simple verbal appeal from an employee to the employer with a request to terminate the employment contract is not enough. This oral address(requirement) does not have legal force Therefore, the employer will not have evidence that the employee really wants to leave the company. This means that there will be no grounds for dismissing an employee under clause 3, part 1, art. 77 Labor Code of the Russian Federation.

An employee must write and submit a resignation letter to the organization no later than 2 weeks before his last working day. In this case, the countdown of the indicated 2 weeks will begin only the next day after the employee’s resignation letter is received by the company.

Note! Each employee must understand: if he has submitted resignation letter, but changed his mind, he You almost always have the right to revoke it and return back to the company.

But how to write a resignation letter correctly?

How to write a resignation letter correctly

Currently standard form There is no application for dismissal in the Russian Federation, so it can be drawn up in free form. But at the same time, a number of requirements must be met:

• Firstly, the resignation letter must contain the employee’s signature. IN otherwise it will have no legal force.
• Secondly, the employee must clearly understand that the application must contain unambiguous wording confirming his desire to leave the company. So in your resignation letter it is better to directly indicate: “I ask you to dismiss me from such and such a position.” Otherwise, there may be uncertainty as to whether such a statement is sufficient reason for dismissal under clause 3, part 1, art. 77 Labor Code of the Russian Federation.

Note! If the employee formulated the statement vaguely, the court may subsequently conclude that his decision to leave the company was not voluntary, moreover, that the employer forced the employee to make such a decision. And then the court can reinstate the specialist at work even despite the fact that he himself wrote and signed the application (subparagraph “a”, paragraph 22 of the resolution of the plenum of the RF Armed Forces dated March 17, 2004 No. 2).

Another important detail of the resignation letter is the date of dismissal. If the employee and the employer have no disagreements, then dismissal can be formalized and before the end 2-week period (Article 80 of the Labor Code of the Russian Federation). So if an employee wants to leave a certain number, this must also be indicated in the statement, for example: “I ask you to fire me as of February 11.”

In addition, in practice, employees often have a question: how to write a letter of resignation - manually or on a computer? The Labor Code of the Russian Federation does not contain any provisions or restrictions in this regard. This means that a resignation letter can be written either by hand or executed on a computer. The only thing that is important is that such a statement must prove the employee’s voluntary desire and intention to leave the company, and therefore contain the necessary details specified above and the signature of the person leaving.

Important! It will not be a violation to submit an application for dismissal not in person to the company’s HR department, but by mail (letter of the Russian Labor Ministry dated September 5, 2006 No. 1551-6).

Sometimes employees use a trick: they give the HR department a copy of their resignation letter, but keep the original. In this situation, it is important for the employer to remember that a copy of the employee’s resignation letter is not grounds for dismissal. If the employee subsequently, trying to be reinstated in his previous position, denies that he ever made such a statement, the court will most likely side with him ( appellate ruling Moscow Regional Court dated March 24, 2014 in case No. 33-6364/2013).

In practice, many companies, in order to eliminate possible unpleasant consequences for themselves, form an internal universal sample applications for voluntary resignation. And when the employee decides to leave, all that is required of him is simply to print and sign such a sample, indicating his data.

Example of a resignation letter (sample)

Now that the basic rules for drawing up a sample resignation letter have been reviewed, we will show you how to write such a letter clearly.

Results

Drawing up a resignation letter is a simple task, but at the same time it requires the employee to understand some basic principles and norms of the Labor Code of the Russian Federation.

In particular, the employee must apply for dismissal in in writing, in free form, indicating a clearly defined intention to leave the organization, indicating the date of your last working day and confirming the application with a signature. The resignation letter can be written either by hand or on the computer.

The company, in turn, should understand that it is very important for it to have the original application signed by the employee. Otherwise, the possibility of the court declaring such dismissal illegal cannot be ruled out. It is best to create an internal universal form application, which the employee will only have to sign and take to the HR department.

Application for resignation- this is a personal document that contains an employee’s request to terminate the employment contract between him and the employer.

How to write a resignation letter correctly

The resignation form has the same structure as a regular application.

The header, in the upper right corner of the document, indicates to whom the application is addressed and from whom: position, name of the organization and full name of the head (in the dative case), as well as the position and full name of the compiler (in the genitive case).

Below, in the middle of the sheet, the title of the document is indicated - Application.

Then comes the text of the application, in which the employee sets out his request for dismissal, indicates the reason (at his own request, by agreement of the parties, by way of transfer, etc.) and the date.

At the end of the document the date of writing the application and the signature of the originator are indicated.

An employee can draw up and submit a resignation letter at any time:

• during work;
• during illness;
• while on vacation;
• while on a business trip.

The employee has the right to withdraw his application before the expiration of the notice period for dismissal, i.e. before the end of the last working day. To do this, you must write a corresponding statement to the employer with a request to consider the submitted application for dismissal invalid. Dismissal of an employee in in this case shall not be carried out unless his place has already been accepted in writing new employee.

Types of resignation letters

Application for resignation of one's own free will without service
Contains the employee’s request to resign at his own request without working off due to the inability to continue working.
The deadline for submitting such an application is at any time.
1 sample Application for dismissal by agreement of the parties
It sets out the employee’s request for the employer’s consent to terminate the employment contract by mutual agreement.
The deadline for filing such an application is any time. In this case, working out is not mandatory.
1 sample

Application for dismissal by transfer
Contains the employee’s request to terminate the employment contract in order to transfer to another organization. The Labor Code of the Russian Federation does not define specific deadlines dismissals due to this basis, therefore, the deadline for filing such an application and the date of dismissal are agreed upon through negotiations.

Sample letter of resignation

To the Director of LLC "Revision"
Vladov I.S.
marketer
Denisov Vitaly Alexandrovich

Statement

I ask you to dismiss me on September 16, 2013 under clause 5 of Art. 77 Labor Code Russian Federation in connection with the transfer to Rassvet LLC on the conditions set out in the invitation of Rassvet LLC dated September 6, 2013 No. 6.

11.09.2013

Denisov

V.A.Denisov

A resignation letter is most often written by hand on an A4 sheet of paper; some organizations practice writing it on a computer. Based on the application for dismissal, a corresponding order is issued.

02/08/2019, Sashka Bukashka

An application for voluntary resignation is written request employee to the employer with a request (and in fact notification) to terminate the employment relationship.

So, you have decided to resign of your own free will and are now looking for correct sample“black mark” for a disgusted boss. Well, we will help you with this.

An employee is not a slave; he has the right to terminate a contract with any employer, be it an individual entrepreneur or Gazprom. All the reasons necessary for this are listed, one of them is the employee’s own desire. At the same time, it is not necessary to look for a sample letter of resignation at your own request! Requirements, how to write, and some single example There is no legislation, a citizen has the right to express his will in any form: write an appeal by hand or on a computer, present it to the office or send by mail. The main thing is that the desire to quit is clearly expressed. If it is written clearly, then everything is correct.

Fill in the details

You can also enter them correctly without preparation. They are the same as other documents presented to the employer:

• the header indicates the company and the manager’s details;
• in the second line write who this request is from - your name and position;
• then it is customary to write the title of the document: “Application”;
• and now we clearly and clearly express our intention. Usually they write like this: “I ask you to dismiss me of your own free will” (you can also add: “based on Article 80 of the Labor Code of the Russian Federation” if you want to emphasize your legal literacy);
• date and signature required.

That's the whole correct sample for you to use as an example.

By the way, according to the order of Rostrud, you are not required to write about specific reasons for dismissal.

Sample resignation letter: text

LLC "Vesely Dolphin"

Director Zasuzhuka I.F.

from the bartender Bukashka Alexander Borisovich

Statement

There are some subtleties

It is not necessary to indicate at what point you wish to terminate your relationship with your employer. Doesn't matter two week period for your work will start from the day following the day when the accounting department received the appeal. However, for example, if the parties reached an agreement on a shorter period of work than established by law, then it is better to write: “dismiss on the 24th” rather than “dismiss on the 24th”. Otherwise, discrepancies may arise regarding last day work activity (23 or 24).

How to work it out correctly

Any employee can stop working at his own request if he does not like the conditions, or for some other reason. However, we must remember that the law establishes for all categories the obligation to notify your superiors of your intentions half a month in advance, because you need to find a replacement. The countdown of these two weeks will begin the day after you present your own desire in writing. Let's take our sample application as an example. If you submit it on October 2, then two weeks will begin to count from the 3rd, and your dismissal will be formalized from the 17th.

How to do without two weeks

There are exceptions, of course: if the reasons for which a citizen resigns are force majeure (army, prison), then these two weeks are out of the question. In addition, the period of this duty is increased for the person occupying leadership position, - a month, and is reduced for an employee on a probationary period - 3 days. . You can agree with the director on a shorter period of service or no work at all; the law gives this right to the parties (). So for your own benefit, try to stay with the manager a good relationship. In order to avoid problems, it is better to discuss with him in advance how to correctly write a letter of resignation. It is necessary to take into account all the circumstances important to the parties, because situations vary.

And there are also examples in the law when they will be required to terminate the contract on the day specified by you:

• enrollment of an employee in an educational institution;
• retirement;
• violation by the employer of labor legislation (it must be officially recorded labor inspectorate, court or labor dispute commission).

Example of dismissal on sick leave

No one has the right to forcibly dismiss a sick employee who is on sick leave (). Here only his own desire will be taken into account. It happens that he decided to write a statement, and then fell ill. In this case, he can be fired if the paper is not withdrawn and he does not recover, on the very day specified by him. Only an employee can change the date. Don’t be lazy to defend your rights, you can always.

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 can insist on your decision, write a statement and send it by mail with mandatory delivery against signature. At the same time, turn Special attention on the text of the document, compose it in an exemplary manner. An example of an application for voluntary resignation is presented in our article; the sample can be downloaded in a convenient format.

And, of course, anyone has the right to change their mind (part 4), but only within the specified two weeks. Please note that revocation is also made in writing to avoid errors and misunderstandings. If you are planning a vacation before dismissal, you can revoke the document before the day the well-deserved rest begins.

When an employee wants to terminate his employment relationship with his employer, he needs to know exactly how to fill out a resignation letter and when it needs to be submitted to his superiors. What nuances should be taken into account when drawing up a document?

Types of statements

Sample letter of resignation.

An employee has the right to express his desire to resign at any time:

• performing essential duties in the workplace;
• while on a business trip;
• during the holiday period;
• during illness.

When a decision is made, a corresponding document is written. Its type depends on the reason for termination of the employment relationship:

1. At your own request. When drawing up the document, the employee’s initiative is indicated as the reason for termination of the contract. Assumes work within 14 days after submission of the document.
2. At your own request, but without working out. When drawing up such a statement, the employee must not only express a desire to resign, but also indicate the reason why work is impossible, for example, moving to another city, enrolling in day department University, retirement, military conscription, violation of an agreement or legislation by the employer.
3. By agreement of the parties. It can be written in the case when all the nuances of the procedure are agreed upon with the management, and both parties have no complaints against each other.
4. For dismissal by transfer. This is a special version of the document, which contains not only the consent of the employee and his employer, but also an agreement between the two enterprises on the dismissal and hiring of a specialist.

The validity period of the transfer procedure is not regulated by law, so the entire process is based on contractual relations.

Addressee and form of preparation

The application is addressed to the director of the unit who hired the employee. If the manager is absent due to a business trip, next vacation or illness, his name is still indicated in the header of the document. If the position of director is vacant, then the paper should be addressed to the acting director, who is entrusted with all powers.

A verbal warning from the manager has no legal force. The document must be submitted in writing, but whether it is written by hand or printed on a computer is a matter of preference.

A document written by hand.

If the resignation form is printed out, and the employee only signed it, in the process judicial trial it will be difficult to prove that the paper was drawn up by the employee personally, whereas handwritten document extremely difficult to fake.

Most organizations provide staff with a sample or form on which information must be entered in a designated space. This helps you write your resignation letter by hand without any hassle.

Contents of the document

Sample indicating the article of the Labor Code of the Russian Federation.

For the document to have legal force, the resignation form must be in writing. The rules for its compilation correspond to general standards writing documents. The resignation letter form is no different from other forms. A header is formed in its upper right corner, which indicates:

• name of the enterprise;
• last name, first name, patronymic of the manager;
• position, surname, name, patronymic of the applicant.

In the center, under the header, you must write the word “Statement”. There should be no additional notes such as “Application for resignation” or “Application of one’s own free will.”

Important! The employee's last name, first name, and patronymic name indicated in the document must correspond to the information in the passport, and the position must correspond to the staffing table.

Next, the text of the document is written, which sets out the employee’s request and indicates the reason why he is leaving. Specific example There is no application for dismissal in the legislation. However General requirements imply that the document must be drawn up in such a way that it is clearly clear what the employee wants and the reasons for his decision.

An example of document preparation.

The text of the application must indicate the reason for dismissal, corresponding to the articles Labor Code. This means that the employee cannot write that he is quitting because “the husband is against it.” Examples of reasons for dismissal correspond to the options listed in the Labor Code.

The statement is concluded with the employee’s signature and date. The employee’s signature confirms his free will, and the date helps prevent fraud with deadlines.

Important! When drawing up an application, you should not add the preposition “C” to the date; it is enough to indicate the day the document was written, and the deadline final settlement will be announced in relevant order by enterprise.

If an employee is not sure that the manager will easily part with him, it is worth registering the paper with the secretary, making a copy for himself with the incoming number, and only then going to the boss.

How to submit paper correctly?

It is better to deliver the written statement in person. According to the law, the manager is obliged to study the document and endorse it, putting a date and signature.

Important! When studying information regarding the preparation of an application and the subsequent procedure, it is worth considering that the difference between dismissal with large enterprise or a small individual entrepreneur is missing.

If your boss won't let you leave work, don't argue. First you need to try to resolve the situation peacefully, explain the reasons for such an action, for example:

• non-competitive salary;
• inconvenient schedule;
• difficult working conditions;
• difficult family circumstances;
• conflicts in the team.

If the proposed new conditions meet the employee’s expectations, he has the right to change his mind and continue labor activity. If the specialist refused to continue cooperation, and the application was subsequently lost, you can send it by mail by registered mail with notification of delivery - in this case, the sender will be notified of the date of receipt of the letter, the working period will be counted from this date.

How to withdraw an application?

The date indicated in the document must be the day of dismissal. If before the creation of an order for the enterprise, an employee changes his mind about leaving, he can remain at his workplace.

To do this, you need to contact your boss with a request to return the application or provide another document in which to write a refusal of the previously made decision.

The only exception to this scenario can be a written agreement by the manager to hire a specialist to fill the vacant position by transferring him from another enterprise.