How to write a letter of resignation of your own free will? Can I withdraw?

Decided to change jobs? It would seem that everything is simple: I wrote a statement, handed over all the cases, and walk boldly! In fact, there are basic provisions and nuances on how to foresee everything in order to quit your job legally and without consequences.

How to write a letter of resignation

There are basic rules for an employee of an enterprise who decides to quit of his own free will. The employee must inform the head of the organization about this in writing two weeks in advance. You can submit an application in person to the personnel department or via mail by sending a message in any form to the employer by registered mail with notification.

The application for dismissal is drawn up by hand or on a computer and is certified by a personal signature.

If the employee is on, or works seasonally, the management must be notified of the departure three calendar days in advance.

The application is submitted regardless of where the employee is at that time, at work or not. The reason for absence from work may be vacation or sick leave. At the same time, the date of dismissal may also fall on the day on which the employee will not be at the enterprise. This is allowed under labor law.

There are cases when the head of the organization is obliged to dismiss the employee on any day specified in the application:

• an application for the dismissal of an employee enrolled in an educational institution;
• application for dismissal due to retirement;
• violation by the management of the Labor Law, recorded by the labor inspectorate, the commission on labor disputes or a court decision.

Rules for filling out a letter of resignation and a sample

The personnel department of the enterprise stores a sample of filling out a letter of resignation of one's own free will. The paper is issued in the name of the head of the organization, from the employee - the position and initials in full. Below is a request for dismissal from a certain date.

Note! To avoid disputes between management and the employee, the preposition “from” should not be put before the date. For example, "since April 15, 2016". It turns out that from April 15 onwards. The leader can understand this in his own way. It is better to write the exact date in full, without abbreviations.

The application for dismissal must be signed personally by the employee with a decryption of the signature.

Sample letter of resignation:

If the day of dismissal in the application falls on a weekend or holiday, then the employee will be dismissed on the first working day following the weekend or holiday.

Letter of resignation without work

If an employee has circumstances when an urgent dismissal is necessary, then he brings a statement addressed to the head indicating the reasons for such a decision. Dismissal without working off is allowed in the following cases:

1. Change of residence, moving to another city or region.
2. Upon reaching retirement age.
3. Acquisition of an occupational disease.
4. Deterioration of health due to climatic conditions.
5. Dismissal to care for sick relatives, disabled people.
6. Transfer of a spouse to a new place of work in another city or region.

In the event of a spontaneous decision to leave the company, it is best to first talk with the manager and explain the reason for your decision. If the employer does not agree, then it is worth filing a lawsuit. But it takes time to reach a decision. What to do?

There is an option of dismissal without working off legally. Leave can be used if the employee is entitled to it. Write a letter of resignation at this time. An employer has no right to refuse an employee. The same can be done if you are on sick leave.

The manager usually does not agree to dismissal without working off if there is no one to replace you, and he will need time to find a person in your place. Therefore, it is best to talk to management in advance, inform about your plans and fill out an application.

Sample letter of resignation without work:

How to correctly write a letter of resignation (video)

Let's watch a short video where an experienced lawyer talks about voluntary dismissal with and without working off, the legislative framework, the procedure for dismissal at the initiative of the employee and the content of the application.

Registration of a letter of resignation

There are no legal provisions obliging an employer to register applications of this kind. The employee being terminated may be required to register a statement. If there is no such journal in the personnel department, the manager certifies the paper with a signature and hands the employee a copy of it.

As practice shows, it is better to start a registration log in order to avoid further disagreements. If the employee brings the application in person, then on the same day it is worth registering the application and submitting it for signature to the head for issuing an order. The receipt of the application by mail is registered on the day of receipt of the document.

But there are some nuances. If the application is submitted by the employee personally, and a discrepancy between the date of the notice of dismissal and the date of receipt of the notice itself by the personnel department is revealed, it is necessary to draw up an act and endorse it with the signatures of three officials.

If the company is doing it, it solves all the problems. The receipt of the application is recorded in the journal on the day of actual admission to the personnel service.

Notice of resignation of director

The head of the enterprise is a financially responsible person who is responsible for the state of affairs in the entire organization. Despite this, the rights are the same for everyone. He has the right to leave his post at will. But there are special requirements here.

The director of the organization must notify his direct management of the upcoming departure from the service a month before the planned date. This is necessary in order to find and appoint a worthy replacement in his place. For a whole month, the director is engaged in the transfer of cases and positions.

It is possible to quit earlier, but only by agreement of the management and members of the organization.

In joint-stock companies, where all decisions are made collectively, there are cases when participants disagree with the decision of the current director. To prevent this from happening, the director is obliged to send a notice by mail to all shareholders about the upcoming departure from the service and. The notice indicates the date and reason for the convocation: the dismissal of the head and the appointment of a new one.

The disagreement of the members of the board with the dismissal of the director is regarded as an abuse of their rights. At the end of the warning period for the upcoming departure, the director has the right to issue a dismissal order for himself and sign it himself.

How to withdraw a resignation letter

During the entire time that the application is in the personnel department, the employee can withdraw it, even on the last day before dismissal. The reason for the recall can be any life circumstances.

The legislation does not provide for any rules and regulations for writing such a review. An employee can issue a review by hand and bring it to the personnel department, send it by mail, letter, message by e-mail. In all cases, you need to make sure, you can by phone, that the employer has received a review. The surest way is to send the application by registered mail. Thus, the day the letter is sent will be considered the day the withdrawal of the letter of resignation is submitted.

An example of an application for revocation of a previously submitted letter of resignation:

As soon as the personnel department receives a review, the word “Cancelled” is written on the letter of resignation, and the data on the recall is recorded.

Important! An employee who has expressed a desire to return to his work duties must understand that the recall is not canceled. If he decides to quit again, he will again have to work for two weeks.

Sometimes the recall comes at the moment when the dismissal order is signed and the relevant documents are prepared. In this case, an order is issued to cancel the previous one and is given for signature to the head.

The legislation provides for cases when an employee will not be able to issue a review: if the head of the organization offered this place to another person upon a written request, who subsequently gave his consent and left his previous job in connection with the transfer to the proposed place.

But the court may do otherwise. If a person is offered a position in advance, when the current employee has not yet been fired, the court decision is likely to be in favor of the employee who wrote the withdrawal application.

When you are on vacation with subsequent dismissal, a recall is also impossible. The application can be written only before the first day of vacation.

If the notification was received by mail late, and the manager has already managed to dismiss the employee, then he will have to reinstate him and pay compensation for forced absenteeism.

What to do if the letter of resignation is not signed

Everyone has the right to quit their job at their own will. The employer has no right to refuse him under any circumstances. However, it happens that the manager intentionally does not sign the application, and may threaten the employee with dismissal under the article. The motivation for such behavior may be the lack of a replacement in the enterprise or the difficulty in finding suitable personnel. Such actions are illegal and can be regarded by the court as an attempt to force them to work.

Based on Article No. 80 of the Labor Code, an employee has the right to quit the enterprise without asking permission from his manager, regardless of what position he holds and what functions are assigned to him. The only thing that the employee is obliged to do is to notify the manager two weeks before the dismissal in a proper way.

What to do in case of refusal?

1. It is necessary to write a letter of resignation, indicate a specific date and bring it to the personnel department or the secretary.
2. Take a copy of your application, where the date of its receipt is indicated.
3. If they refuse to accept the paper, send it by mail in a valuable letter with a description of the attachment.
4. After two weeks, come for the calculation and work book.

If the management stands its ground and does not dismiss the employee, then the latter has the right to write a complaint to the labor inspectorate or file a lawsuit. Judgment will be in favor of the employee. And the head of the enterprise may be required to pay compensation to the employee for forced absenteeism and moral damage.

Before you leave your job, read the current labor laws. Notify your manager in advance of the upcoming dismissal. If you are refused, do not forget that you can always come to an agreement between the parties. Before you run to court, try to solve the problem peacefully.