How to write a letter of resignation to an individual entrepreneur. Dismissal letter


It doesn't matter who you are - a business leader, a self-employed self-employed person, or an ordinary worker. Any of us can face the situation of dismissal.

If for some reason you needed a sample application for dismissal of your own free will for an individual entrepreneur, then this problem is relevant for you. How to fill out such an application correctly?

For an individual entrepreneur, according to article 77 of the Labor Code, an application for dismissal of his own free will is a document notifying the employer of the employee's intention to stop working in a specific place. In this case, the break of the cooperation agreement follows. The compilation of this paper is carried out in any form. The document is essential. Without it, the application of the Labor Code, in particular Article 80, is not possible.

When drawing up an application, it is important to specify the date from which the termination of cooperation is planned, the designation of the time of submission of the document and the presence of the correct wording. Also, you can not talk about the entry into force of the application without the signature of the person. In case of failure to comply with one of these points, dismissal may occur, but under a completely different article of the law.

The nuances of filling out an application for dismissal

The legislation does not provide for any special forms according to which these documents could be drawn up. In this case, you can focus on the key features adopted in such cases.

The preparation of the application is based on them. Let's consider them in more detail:

  • compilation is carried out in writing. That is, printing or filling by hand is allowed;
  • the intention of the employee to leave his position is indicated;
  • the date when the application was drawn up is prescribed;
  • the signature of the person who sent the request is put;
  • transmission of the application is in progress. This is possible through the Russian Post or personally by the employee himself. If you choose the method of sending by mail, you must indicate the date of dismissal with an orientation to the delivery time of correspondence. In addition to the Russian Post, there are also transport companies that provide services of this kind.

As soon as the application is accepted for consideration, the corresponding order is drawn up.

In the modern age, no one has the right to force a person to work against his will. Accordingly, a person can submit a request for dismissal at any time. The approval of the company management is not required for this.

Note! A day off is not considered an obstacle to the resignation of a dismissed employee.

Dates of the procedure

The employee must be notified that he is going to leave his position within 2 weeks from the date of the decision. This rule applies to all categories of employees. It is possible to form an agreement to reduce the specified time between the employee and his management. If a person has notified his superiors that he is going to quit, within the specified 2 weeks he has the right to go on vacation or go on sick leave. The law provides him with such an opportunity.

Important! If the document says “I ask you to fire me from the second day,” then, most likely, the dismissal will occur on the 1st number. Accordingly, it is better to indicate in the statement: "I ask you to dismiss me on October 2, 2017 of your own free will." In this case, the last working day for you will be on the 2nd day.

When an exception to the rule is possible:

  • if it is about the dismissal of an employee during the probationary period, the notice period is 3 days;
  • the above interval is increased to 1 month when it comes to the head of the enterprise.

How to leave work without working off?

The same form is used here as in the previous case. However, there is a small point.

It is important to write in the document that you are asking to be dismissed without working off, since this is impossible for a number of reasons:

  • admission to an educational institution;
  • military conscription;
  • hospitalization.

Vacation with further dismissal

On the form, you can indicate that you need an annual paid vacation of 14 days, for example, and then dismissal of your own free will. Registration is possible in such cases on the last day of vacation. This is done if the employee decided to go on vacation, during which he realized that he intends to leave his position.

Note! The last calculations are made based on the date when the employee last appeared at the workplace.

Sick leave followed by dismissal

Special care is required here, since the presence of the wording is important precisely "of your own free will." The company does not have the right to independently deprive an employee of his position if he is on sick leave.

But if the employee himself has expressed such an initiative, the legislation in our country does not prohibit this. It also happens that the sick leave falls on those dates that are prescribed in the document, according to the data on dismissal shortly before hospitalization. This issue can be easily resolved. Resignation will have to be for the period indicated by the employee in his application, if it has not been withdrawn before.

Labor contract

If a person works under an employment contract, then he has certain obligations. He must send a notice to the head of the enterprise about the termination of the employment contract. This must be done no earlier than 14 days before the expected date.

The exception to the rule is:

  • the inability to fulfill their obligations due to admission to an educational institution, military conscription, getting to places of imprisonment, retirement;
  • the fact of violation of the employee's rights by his management.

The countdown of the two-week period starts from the next day after the submission of the application.

By mutual agreement

Both parties to business cooperation are able to determine independently when termination of an employment contract is possible. This can be done at any time if an appropriate agreement has been drawn up, on which the signatures of the employee and his manager are present.

In such cases, an order is issued. It is filled in according to the universal form T-8a. The order specifies the details of the employment contract.

Can I withdraw my application?

It also happens that a person thinks over his decision and comes to the conclusion that he was in a hurry with the statement. You can withdraw it within 2 weeks. However, by that time, the management did not yet have to pick up a new employee to replace him. This is a prerequisite.

What if the employee decided to go on vacation, and then decided to quit? If he later changed his mind about leaving his beloved company, he can withdraw the application before going on vacation.

As such, there are no universal requirements for withdrawal of an application by law. It is allowed to create a written note on the application for dismissal. The employee can also write that he wants to withdraw the old application by filling out a separate document in free form.

The application is not signed. What to do?

If you are afraid that your application will not be signed, you can additionally insure yourself. What to do:

  • When submitting your application, ask the authorized person to put an acceptance mark on the copy you have. There must be signatures, the date of acceptance of the document and the number of incoming correspondence;
  • when sending documentation by mail, use a certified letter. The best option would be the possibility of a return receipt.

If the employee did everything correctly, but the management does not provide feedback, further absence from work will not be considered by law as absenteeism.

Legislative framework

The moment regarding dismissal of one's own free will is regulated by the Labor Code of Russia. Article 80 plays a key role in this respect. Before the expiration of the two-week period, the person has the right to withdraw the application at any time. Even if the management promised someone to replace this employee in words, he does not lose this right. He cannot return only if a written contract has been concluded with the new employee.

As soon as the two-week period ends, the person has the right to stop working. On the last day spent on the territory of the company, the employee receives his work book in his hands, as well as any documents related to the place of work. The latter are issued after a written application from the employee has been completed. Following this, all final calculations are made.

If two weeks have passed and the employment contract has not been terminated, they are guided by additional points. For example, if the employee does not insist on dismissal, the employment contract continues to operate.

Disagreements and their resolution

Situation 1

The employee drew up a statement in which he did not record the date of dismissal. Accordingly, the document contains only the time of writing the application. It will not be possible to fire an employee without his consent in such cases. We'll have to wait two weeks.

Situation 2

The application contains the date of dismissal, but less than 14 days remain before it. Submission of such an application is possible only with the consent of the parties, or in the presence of special circumstances. Let's say it can be admission to a university, the onset of retirement age, and so on. In all other cases, the head of the company has the right to demand work for the remaining 2 weeks.

Situation 3

There was a conflict. Less than 14 days remain until the date indicated in the document. The bosses categorically disagree with her, but the subordinate insists on exactly this time of dismissal. As soon as the specified date comes, he does not go to work. If an employee has no valid reason, according to the law, he must work for exactly 2 weeks. It turns out that he may well be fired for absenteeism, and the application for dismissal will be considered invalid.

Situations different from the general one:

  • leaving employees work under an employment contract concluded for 2 months or more. Notification is made 3 days before the expected date;
  • a seasonal employee also notifies superiors about planned care 3 days in advance;
  • if we are talking about a coach or an athlete performing duties under an employment contract for a period of 4 months or more, the notification must be received no later than one month in advance.

Article 77 of the Labor Code of the Russian Federation lists the grounds for terminating an employment contract. One of them is the employee's initiative. When you decide to leave your job, you must write a letter of resignation of your own free will.

A letter of resignation is a personal document required to terminate an employment contract between an employer and an employee on the initiative of the latter.

It is assumed that the initiative comes from the employee and his intention is completely voluntary. In practice, this is not always the case.

However, the application of Article 80 of the Labor Code of the Russian Federation, as a rule, is mutually beneficial: both the employer has less trouble, and the employee has a normal labor record.

Another plus is that you can quit even during the period of temporary absence from the workplace. For example, while on sick leave or vacation. When terminating an employment contract on the initiative of the employer, this is unacceptable (Article 81 of the Labor Code of the Russian Federation).

What are the deadlines for submitting it

You have the right to terminate the employment contract by notifying the employer about this no later than two weeks... This means that another 14 days will have to go to work and perform official duties. It is believed that during this time the employee will be able to transfer cases to colleagues, and the employer will be able to find a replacement for him.

The two-week period begins on the day after the employer receives the letter of resignation. For example, if you filed it on October 1, two weeks will start counting from the 2nd, and the dismissal will be issued on the 16th.

If the last working day of an employee falls on a public holiday, the next working day will be considered the day of dismissal. For example, if you wrote an application on April 17, then the dismissal will be issued not on May 2, but on May 4.

This is a general rule. But there are also special cases.

Condition Dismissal notice period
Probationary period (part 4 of article 71 of the Labor Code of the Russian Federation) 3 days
Seasonal work (Article 296 of the Labor Code of the Russian Federation) 3 days
Termination of an employment contract for up to two months (Article 292 of the Labor Code of the Russian Federation) 3 days
Termination of an employment contract with a coach or athlete (Article 348.12 of the Labor Code of the Russian Federation) 1 month
Termination of an employment contract on the initiative of the head of the organization (Article 280 of the Labor Code of the Russian Federation) 1 month

How to write a letter of resignation

There is no uniform form. But there are rules for drawing up a letter of resignation.

The law requires it to be written: handwritten or typed on a computer. The personal character of the expression of will is also emphasized by the signature of the employee. Without it, the application is invalid.

In the header, you must indicate the addressee ("Ivanov Ivanovich Ivanovich, General Director of SharKo LLC") and the addressee ("from Petrov Petr Petrovich, the sales manager of SharKo LLC"). The word "Statement" will be the heading. Next, you need to formulate a request for dismissal.

Please dismiss me from my post of my own free will.<дата>.

Please dismiss me of my own free will on the basis of Article 80 of the Labor Code of the Russian Federation. I ask you to dismiss<дата>.

Please note, according to the order of Rostrud, the employee is not obliged to indicate specific motives. And it is better not to use the preposition "from" when indicating the date. The fact is that if you write “Please fire me from October 20, 2016”, the personnel officer will most likely issue the dismissal on the 19th. To avoid confusion in dates, indicate the specific day, month and year of dismissal.

You can apply for dismissal in person or by mail by sending it by registered mail with notification.

Is it necessary to work out two weeks

But this is again a general rule. According to part 2 of article 80 of the Labor Code of the Russian Federation, it is possible to part even before the expiration of a two-week period by mutual agreement of the parties. If the manager does not mind, the dismissal can be formalized even on the day the application is submitted.

The law also specifies cases when the employer is obliged to terminate the contract within the period specified in the application. For example:

  • Enrollment of an employee in an educational institution.
  • Retirement.
  • Violation of labor legislation by the employer (it must be officially recorded by the labor inspectorate, court or labor dispute commission).

Can I get fired for absenteeism if I wrote a letter of resignation

Yes they can.

Throwing a statement on the boss's desk, slamming the door and hammering in on everything is spectacular. But counterproductive.

From the day you apply for dismissal until the day you terminate your employment contract, you are still an employee of the company and must obey the working rules.

Absence from the workplace for no good reason is absenteeism. For this they are fired (part 6 of article 81 of the Labor Code of the Russian Federation). As well as for inappropriate behavior in the workplace. Show up to work drunk is also not an option.

Can you change your mind

According to part 4 of article 80 of the Labor Code, you have the right to withdraw your application at any time before the expiry of the notice of dismissal. As a general rule - until midnight on the 14th day.

If you took a vacation followed by dismissal, you can withdraw your application before the vacation begins.

The application form has not been established. But you can just pick it up from the HR department, you can make a note on the original document, or you can draw up a new one.

My letter of resignation of my own free will from<дата>please consider invalid.

You can pick up the application, even if an order for your dismissal has already been drawn up and an entry has been made in the work book. But there is one "but".

If another employee is invited to your place in writing, who cannot be refused employment (for example, by way of transfer), you will not be able to withdraw the letter of resignation.

What to do if the application is not signed

The law does not oblige the employer to endorse the letter of resignation. But in practice, as a rule, they are registered in a special journal and the manager puts his signature.

What if the HR department does not accept the application or the boss refuses to sign an autograph? First, to rejoice: you are a valuable employee, they do not want to part with you!

Second, make a knight move. Try to register the application with the office of the organization as incoming correspondence. Didn't it work? Then plan B: send it by registered mail with notification addressed to the manager. A postal notice will confirm that the employer has received your message and a visa will not be required. Then work for two weeks and you can be completely free.

It's another matter if the application is not signed, the dismissal is not formalized and you don't want to leave. If after 14 days you continue to work as if nothing had happened, the employment contract will continue.

How is the dismissal procedure

By the end of the notice of dismissal, the employer issues an order to terminate the employment contract. You must be familiarized with it on receipt (article 84.1 of the Labor Code of the Russian Federation).

Then the personnel officer will make an entry in your labor book: “Dismissed voluntarily, paragraph 3 of part 1 of article 77 of the Labor Code of the Russian Federation” or “The employment contract was terminated on the initiative of the employee, paragraph 3 of part 1 of article 77 of the Labor Code of the Russian Federation”.

Make sure that the HR specialist does not confuse paragraph, part and article of the Labor Code. Material liability is provided for entering into the work record book of an incorrect or incompatible formulation of the reason for dismissal (Article 234 of the Labor Code of the Russian Federation).

Having received a work book and other necessary documents in your hands, you can apply for a calculation. You must be paid wages for the days worked in the month of dismissal, and compensation for unused leave, as well as severance pay, if it was stipulated by the employment contract.

That's all! You can collect things, say goodbye to colleagues and take home your favorite ficus.

A letter of resignation of one's own free will is an ordinary document that sooner or later all employees and employers face. Although it is easy to draw up, some staff have difficulty preparing it. Let's take a closer look at the sample of a resignation letter of our own free will in 2019, as well as what procedure must be followed when submitting it to the head.

Provides employees with the right to terminate an employment contract on their own initiative. And in paragraph 3 of Article 77 of the Labor Code of the Russian Federation, the will of the employee is called one of the grounds for the termination of labor relations.

Voluntary application: sample 2019

The form of a letter of resignation of one's own free will is not legally approved. Nevertheless, there are rules developed in practice for its compilation. It must contain the following information:

  • employer name;
  • FULL NAME. the head;
  • Full name, position of the applicant, division;
  • Title of the document;
  • text;
  • the date of termination of the employment relationship;
  • the reason for the dismissal;
  • date of preparation of the document;
  • FULL NAME. and the signature of the employee.

In the text, it is worth referring to Article 80 of the Labor Code of the Russian Federation, as a legal basis for the employee's actions. When drawing up the document, it should be borne in mind that according to the Labor Code of the Russian Federation, the employee must warn the employer that he plans to dismiss at least two weeks before leaving. For example, if an employee wants to terminate an employment contract on November 21, then management must be notified on November 7 so that the deadline starts from the next day.

The text of the letter of resignation of one's own free will may be something like the following:

“In accordance with article 80 of the Labor Code of the Russian Federation, I ask you to dismiss me of my own free will on November 21, 2018”.

An example of a letter of voluntary resignation is presented below.

What about working off

By agreement of the parties, the mandatory 2-week working period can be reduced. In some cases, the employer is obliged to terminate the contract within the period specified in the employee's application. For example, if an employee is enrolled in an educational organization, retires, or in the event of an established violation by the employer of labor laws or local regulations.

Do not neglect the opportunity to talk with management about early termination of contractual obligations. The employer has the right to fire him without requiring a job. Article 77 of the Code allows you to terminate the contract by agreement of both parties at any time.

If you need to quit on sick leave

The company's management does not have the right to dismiss an employee who is on sick leave. However, he can resign on his own - but only on his own initiative. If he falls ill during the working period, then the sick leave does not interrupt this period and it is not necessary to apply for dismissal again. The employee must also provide a closed certificate of incapacity for work for calculation.

If you need to terminate the contract while on vacation

The Labor Code prohibits the dismissal of employees during their vacation if the initiator of the termination of the employment contract is the employer (part 6 Art. 81 of the Labor Code of the Russian Federation). The exception is the liquidation of an organization or the termination of activities by an individual entrepreneur. If the employee himself has expressed a desire to quit during vacation, then the labor legislation does not establish any restrictions. In this case, it is important that the employee observes the deadline for submitting the application, and the employer resigns in accordance with the procedure.

If the employer does not accept the application

If the employer for any reason refuses to accept the request to stop working, it is recommended to follow the following algorithm:

  1. Send the document by registered mail with a receipt notification.
  2. Work until the date of dismissal, on the last day the employer is obliged to make a calculation and issue all the necessary documents.
  3. If the calculation is not carried out, and the documents are not issued, file a complaint with the labor inspectorate, trade union, prosecutor's office or court.

It is worth saying that in the event of a trial, the legal costs will be paid by an unscrupulous employer. And if in the course of the case it is proved that the actions of the employer led to losses due to the inability to work, the plaintiff can count on compensation for moral damage.

Withdrawal of an application for dismissal of your own free will

If, for any reason, the employee decided to withdraw the letter of resignation of his own free will (the sample of 2019 can be downloaded below), he can do this before the expiration of the warning period. For example, if the document is dated November 1, and the employee wants to resign on November 15, then before that date he has the right to change his mind. But by this time, the employer should not have time to invite in writing another employee who cannot be denied employment. For example, if an employee is invited by way of transfer from another employer and has already terminated the employment relationship with him.

The existing legislation does not stipulate the form of withdrawal of the application. It is believed that such a decision can be conveyed to the head and orally. But in order to avoid possible disagreements and have evidence in case of litigation, it is recommended to prepare a written review.

In addition, it is necessary that the revocation is registered by the HR department of the enterprise.

Registration of termination of an employment contract

Upon expiration of the warning period established by law, the employer proceeds to formalize the termination of employment. For this, a corresponding order is issued. It can be drawn up using the unified form No. T-8 or on a form developed by the employer. If a unified form is used, in the column "grounds for termination (termination) of an employment contract (dismissal)" it is indicated "at the initiative of the employee", and a reference is also made to paragraph 3 of part 1 Article 77 of the Labor Code of the Russian Federation... Below, the employer refers to the employee's statement. After drawing up the order, it is necessary to familiarize the employee with his signature.

Then an entry is made in the work book about the termination of the employment relationship, and a note is made about this in the personal card. The entry in the card is certified by the signature of the former employee.

On the last working day, all payments due to the employee are made, a work book is issued, as well as some other documents at the request of the person.

In this article, we will consider the issue of dismissing an employee if the employer is an individual entrepreneur. We will tell you how to arrange a dismissal correctly and what documents you need to hand over to an employee.

Legislative regulation of the issue

Legislative regulation of the issue is carried out by the Labor Code of the Russian Federation, articles:

  • , which describes the procedure for dismissal at the initiative of the entrepreneur;
  • , which describes the obligation to pay severance pay upon dismissal;
  • Chapter 48, which regulates labor relations if the employer is an individual entrepreneur;
  • , which describes the general procedure for dismissal.

The procedure for dismissing an employee of his own free will

If an employee who is engaged in the activities of an individual entrepreneur decided to quit, then the procedure for dismissal is practically no different from the procedure for dismissal from an organization. The employee is obliged to write a letter of resignation 14 calendar days from the expected date when the employment contract will be terminated. There is no unified application form, it can be written in any form. A sample application form can be downloaded here:

Statement.

After the expiration of the term, the entrepreneur: (click to reveal)

  1. Draws up an Order on termination of an employment contract;
  2. On the last working day, calculates the employee;
  3. Makes a note about the dismissal in the work book and gives it to the resigning person;
  4. Provides the employee with a package of documents.

Let's consider each stage in more detail.

Order to terminate an employment contract between an employee and an entrepreneur

In order to dismiss an employee, the entrepreneur is obliged to draw up an Order of dismissal. The Order form was introduced by the Order of the State Statistics Committee of the Russian Federation dated January 5, 2004 with number 1. It contains the following items:

  1. Document number and date of compilation;
  2. The name of the organization or the full name of the entrepreneur;
  3. Full name of the dismissed person and his position;
  4. Grounds for termination of the contract;
  5. Entrepreneur and employee signatures.

The order is drawn up at the time of dismissal and signed by the entrepreneur. The employee also puts his signature in the column “I have read the order”. The Order Form can be downloaded here:

Order

Important! Form T-8 from January 1, 2013 is not a mandatory document. An entrepreneur can develop his own form of order.

Employee calculation

Upon termination of the employment contract, the entrepreneur is obliged to issue wages and all compensation payments to his employee. Funds are issued on the last business day. If the employee cannot receive payment, then it is made within one day at the employee's request. Compensation payments include compensation for unused vacation, which must be calculated by the entrepreneur if the employee has worked for him for more than six months.

Dismissal of an employee due to the closure of an individual entrepreneur

Termination of the TD can occur not only on the initiative of the employee. There are situations when an entrepreneur is forced to terminate his activities and deregister. Such cases are indicated in the Labor Code. If an organization stops operating, then the Labor Code establishes the obligation to pay severance pay. But if the employer is an individual entrepreneur, then Article 307 of the Labor Code states that settlements between an entrepreneur and an employee are made in accordance with the terms of the employment contract. Thus, if the Employment Contract specifies the obligation of the entrepreneur to pay severance pay when closing an individual entrepreneur, then the entrepreneur must do this. If, however, the employment contract does not specify anything in this regard or indicates that there is no obligation to pay severance pay, then the entrepreneur may not pay severance pay.

Important! The obligation to pay severance pay at the closure of an individual entrepreneur arises from the entrepreneur only if it is indicated in the employment contract with the employee.

For the rest, upon the closure of an individual entrepreneur, dismissal occurs in the same way as upon dismissal of his own free will. But when closing an individual entrepreneur, the entrepreneur must report this action to the employment service.

What documents to provide to the employee

Upon dismissal, the employee receives a whole package of documents in his hands, the list of which includes the following items:

  • Help 2-NDFL;
  • Help for calculating benefits for the last two years;
  • Extract from SZV-Stazh and other documents upon request.

Employee taxes

In the process of dismissal for an employee, the entrepreneur must pay taxes: (click to expand)

  • Personal income tax - must be paid to the budget no later than the next day after all payments to the employee are made. That is, on the last day of work or the day following this day;
  • Insurance premiums for compulsory pension insurance, health insurance, social insurance and contributions against accidents and occupational diseases - until the 15th day of the month following the month of payroll.

Important! If an entrepreneur dismisses all employees, then he must submit a notification to the Social Insurance Fund in the form that was introduced on October 25, 2012 by Order number 574. Thus, the entrepreneur is deregistered as an employer.

conclusions

The dismissal of an employee must be formalized in accordance with all the rules - take an application from the employee, create an order, calculate the employee on the last working day. It is also necessary to return the work book to the employee, making an entry in it about the fact of dismissal, and provide documents that may be useful to the employee in the future - a 2-NDFL certificate and for calculating benefits and other documents at the employee's request.

If an employee is the initiator of the dismissal, then he must write a letter of dismissal to the employer of his own free will. This must be done 2 weeks before the expected date of dismissal. If the parties reach an agreement, then the employee can quit without working out this term. This is stated in Art. 80 of the Labor Code of the Russian Federation.

How to write the correct letter of resignation of your own free will

There is no unified form for such a statement. The law does not specify how exactly the application for dismissal on one's own initiative should look like. But there are several rules that must be followed when writing such a document.

The application must be written in your own hand. This does not mean that if it is printed on the computer. It will not be taken into account.
The application is written in the name of the employer or his authorized representative (for example, the general director, who is an employee from the employer), but not in the name of the head of the structural unit.
This information is indicated in the upper right corner. Here you also need to specify:

  • position and name of the manager or employer
  • the name of the employer, indicating the organizational and legal form
  • position and name of the applicant
  • the name of the structural unit where the applicant works

Then the word "statement" is written in the middle of the sheet, and after it you need to state the very essence of the statement.
When dismissing of your own free will, here you need to indicate:

  • the date from which the employee wants to quit;
  • reason for dismissal. In this case, "at will";
  • if the employee wants to take unused vacation before dismissal, then he must indicate this in the application;
  • date and signature of the applicant.

This statement is passed on to the HR department or to the employer in the hands. If through the personnel department, then it is better to write 2 copies, and so that the one that remains with the employee has a mark with the number of the incoming document and the signature of the accepting one. This is done in case of loss of the application.

If you transfer it personally into the hands of the employer, then you also need to play it safe. It is better for the employer to write "read" on the second copy.
If the employer refuses to accept the application or put a mark, then the letter can be sent by registered mail with a notification.
Exactly after 2 weeks, the employee has the right not to go to work. If the employer refuses to make all the payments due, the employee can appeal his actions in court.

When writing an application, there are several nuances to consider:

  • do not write "please dismiss from ...." The preposition "s" is superfluous in this sentence;
    It turns out a double interpretation of the meaning of the statement - the employee wants the specified date to be the last working day, or he wants to start working from this date. Therefore, it is better to write “please dismiss ChCh. MM.YY
    That is, the specified number of employees no longer works for this employer
  • the date of writing the application and the date of filing must match. Otherwise, the allotted 2 weeks will be counted from the date of filing, not writing;
  • it is advisable to indicate the number of the employment contract that the employee asks the employer to terminate, and the date of its conclusion.

An employee can write a statement while on vacation or on sick leave. You can take a vacation to the end, and then not go to work. While on sick leave, the employee will be dismissed of his own free will after 14 days. The employer will be obliged to pay him sick leave in accordance with applicable law.

If the employee is on probation, he must notify the employer of his intention to quit 3 calendar days in advance. In all other cases - 2 weeks before. In Art. 80 of the Labor Code of the Russian Federation provides grounds for an employee to resign on the day of writing an application without obtaining the consent of the employer.
If, with the consent of the employer, the employee leaves the next day after submitting the application, then an agreement on dismissal must be concluded. In this document, you need to paint in detail:

  • the date of dismissal and the date of the last working day. These days do not always coincide;
  • be sure to indicate that the employee leaves the next day "by agreement of the parties";
  • all payments to which the employee is entitled before dismissal - wages, compensation for unused vacation, severance pay, if provided for by an employment or collective agreement.

An example of a letter of resignation of his own free will

to CEO
LLC "ABS" Yakovlev A.B.
From Polikarpov V.D.,
Sales manager

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