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If for any reason you are forced to resign from previous place work on personal initiative, you need to know how the termination procedure goes employment contract. The first step is to write a letter of resignation at will. Your departure will be calm, without claims from the employer, if you complete and submit the document correctly and on time.

The procedure for dismissing an employee at his own request

If an employment contract is terminated on the employee’s personal initiative, this is considered voluntary dismissal. Labor Code Russian Federation(Article 80) provided next order Contract termination procedures:

1. Submitting a written notice of resignation to the employer.
2. Acceptance of the request by the employer, transfer of the document to the HR department employee.
3. Drawing up a dismissal order with the calculation of compensation provided for by labor legislation.
4. On the last day of work, the resigning employee is issued a work book, documents are processed and the final payment is made, including payment of compensation for unused vacations and other payments specified in the rental agreement.

What is a resignation letter?

If the employee intends to terminate the employment contract, he must give the employer advance written notice of his intentions to cease employment. According to the Labor Code of the Russian Federation, an application for voluntary dismissal must meet the following requirements:

• Be issued in writing(handwritten or typed).
• Contain a clear request for dismissal and the date when the employee intends to cease performing his duties.
• Be signed personally by the person wishing to resign.

Terms of dismissal

The legislation of the Russian Federation obliges a person who wishes to terminate the employment contract to notify the management of the organization about the termination labor relations two weeks before leaving. If the head of an enterprise resigns, he must notify the employer one month in advance. During an internship or seasonal work The warning period becomes 3 days. The working period begins not from the date the application is written or the moment it is submitted to management, but the next day after the employer receives notice of resignation.

In case of vacation or temporary disability with subsequent dismissal The calculation day is considered to be the last day of vacation or sick leave. If the previously agreed date for the employee's departure falls during a period of vacation or sick leave, the employee will be dismissed on the date determined in advance. Then the order makes a note about the lack of opportunity to familiarize the person with by appropriate order.

How to write a resignation letter

The Russian Labor Code does not contain clear requirements for the form and content of notice of resignation, therefore application forms and precise wording of proposals simply do not exist. Worker in free form submits in writing a request to dismiss him on his own initiative. However, different managers may put forward their own requirements for the document, so before writing a letter of resignation, it is better to consult with your superiors to avoid possible errors.

What dates need to be entered?

A written notice of the employee's intention to terminate the employment contract must necessarily contain the date of dismissal, which is considered the employee's last working day. It is correct to indicate in the document only the date and month, without various pretexts, so as not to introduce the manager or personnel service misleading. If the text of the settlement request does not contain the exact termination date professional activity, the employer has the right to pay the employee in two weeks, based on the date of filing the application.

Signatures

When drawing up a written request to terminate an employment relationship on personal initiative, the law of the Russian Federation requires that it contain only one signature - the person who has expressed a desire to quit. His visa indicates own initiative terminate the tenancy agreement. If there is no signature of the employee on whose behalf the application was drawn up, it is considered invalid. The Labor Code of the Russian Federation does not stipulate that the employer must endorse written requests from employees for their resignation, but in practice, before settlement, they are signed by the head of the organization.

Where to submit

The Labor Code of the Russian Federation does not indicate where a completed request for resignation should be submitted, therefore different organizations There may be your own requirements in this regard. Written notice of intent to leave permanently workplace can be provided:

• to the employer personally;
• to the head of the department or immediate superior;
• to the HR department;
• to the office of the organization or the secretary of the chief;
• to the company management via mail.

Sample application for voluntary resignation

If you are planning to resign on your own initiative, it is best to first consult with to the immediate supervisor or a personnel officer who will tell you how to resign correctly in your specific case. If circumstances are such that consultation is not possible, you can use the following example of a resignation letter as a basis for drawing up a written notice of resignation:

To the director

Moscow secondary school № 125

Pavlovets N.V.

from the teacher

Davydenko Irina Alexandrovna

Statement

I request that you dismiss me from my position in accordance with collective agreement at his own request on August 16, 2019.

02.08.2017 (Signature of the applicant)

Is it necessary to work for two weeks?

The Labor Code of the Russian Federation specifies valid reasons that give an employee the right to resign without mandatory service. This:

• retirement;
• enrollment in full-time studies in educational institution;
• acceptance to a position in another organization through a competition;
• moving to permanent place residence in another locality;
• medical contraindications for further professional activities;
• care for a child under 14 years of age or a sick family member (upon provision of a medical report).

Sample application for dismissal without service

Having good reason, you can ask management to fire you early without working the two weeks required by law. The organization decides whether it is possible to fire you without working time. If your boss allows you to pay early, your resignation document must contain an agreement authorized person and it will look something like this:

To the manager

networks retail stores"Althea"

Danilov V.V.

from the seller

Karpenko Olga Sergeevna

Statement

I ask you to voluntarily dismiss me from my position due to health problems on April 3, 2019.

04/02/2017 (Signature of the applicant)

I authorize dismissal before the expiration of the notice period:

Manager (Signature of the manager) V.V. Danilov

Revocation procedure

Mandatory two-week work is provided not only to provide the organization with the opportunity to find a replacement for a resigning employee, but also for the employee himself. During this time, a person may change his mind about quitting and withdraw his resignation at his own request. An employee has the right to withdraw a document indicating his intention to terminate the employment contract and return to his position only if another employee is not invited in writing to take his place.

What to do if you don’t sign your resignation letter?

If, after conscientiously working the required 14 working days, management refuses to fire you, then there is gross violations employer legislation. You can sue or resign peacefully, but competently. To do this you should send written notice about leaving by registered mail or submit it to the secretary as incoming documentation. In this case, the secretary is obliged to make a copy of the document, endorse it and register it under the appropriate number in a special journal. With this approach, management simply does not have the right not to fire you.

Video

Have you decided to change your job? It would seem that everything is simple: write a statement, transfer all the matters, and go for a walk! In fact, there are basic provisions and nuances on how to provide for everything in order to quit your job legally and without consequences.

How to write a resignation letter

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

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

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

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. In this case, the dismissal date may also fall on the day on which the employee will not be at the enterprise. According to labor law, this is allowed.

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

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

Rules for filling out a resignation letter and sample

The HR department of the enterprise keeps a sample of filling out an application for 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 number.

Note! To avoid disputes between management and employees, there is no need to put the preposition “with” before the date. For example, “from April 15, 2016.” It turns out that from April 15 onwards. The leader can understand this in his own way. It's better to register the exact date completely, without abbreviations.

The resignation letter must be signed personally by the employee with a transcript of the signature.

Sample resignation letter:

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

Application for dismissal without work

If an employee encounters circumstances where it is necessary immediate dismissal, then he brings a statement addressed to the manager indicating the reasons for such a decision. Dismissal without service is permitted in following cases:

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

In case 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 for a court decision to be made. What to do?

There is an option of dismissal without working off legally. You can use vacation if the employee is entitled to it. Write a letter of resignation at this time. An employer does not have the 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 work if there is no one to replace you, and he will need time to find a person to take your place. Therefore, it is best to talk to management in advance, inform about your plans and fill out an application.

Sample application for dismissal without service:

How to correctly write a resignation letter (video)

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

Registration of resignation letter

Legal norms There are no provisions obliging the employer to register statements of this kind. The dismissed employee may request to register a statement. If there is no such journal in the HR department, the manager certifies the paper with a signature and gives the employee a copy.

As practice shows, it is better to keep a logbook in order to avoid further disagreements. If an employee brings an application in person, then on the same day it is worth registering the application and giving it to the manager for signature to issue an order. Receipt of an application via mail is registered on the day the document is received.

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

If it is carried out at the enterprise, this solves all the issues. The receipt of the application is recorded in the journal on the day of actual receipt by the personnel service.

Application for resignation of the director at his own request

The head of an enterprise is financially responsible person, which is responsible for the state of affairs throughout the organization. Despite this, the rights are the same for everyone. He has the right to leave his post at his own request. But there is special requirements.

The director of the organization must notify his immediate management of his upcoming departure from service one month before the planned date. This is necessary in order to find and appoint a worthy replacement in his place. Whole month The director is responsible for the transfer of affairs and positions.

It is possible to resign 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 of participants disagreeing with the decision of the current director. To prevent this from happening, the director is required to mail notice of his upcoming resignation to all shareholders. The notice indicates the date and reason for the convening: dismissal of the manager and appointment of a new one.

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

How to withdraw a resignation letter

As long as the application is in the HR department, the employee can withdraw it, even on the last day before dismissal. The reason for the recall may be any life circumstances.

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

An example of an application to withdraw a previously submitted resignation letter:

As soon as the HR department receives a review, the word “Cancelled” is written on the resignation letter and the information about the recall is recorded.

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

Sometimes a review is received 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 given to the manager for signature.

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

But the court may act differently. If a person is offered a position in advance, when current employee has not yet been dismissed, the court decision will most likely be in favor of the employee who wrote the revocation of the application.

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

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

What to do if the resignation letter is not signed

Every person has the right to quit his job at his own request. The employer has no right to refuse him under any circumstances. However, it happens that the manager deliberately does not sign the application, and may threaten the employee with dismissal under the article. The motivation for this behavior may be the lack of replacement at 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 people to work.

Based on Article No. 80 Labor Code, an employee has the right to leave the enterprise without asking the permission of his manager, regardless of his position and what functions are assigned to him. The only thing an employee must do is notify the manager two weeks before dismissal. properly.

What to do in case of refusal?

1. You must write a letter of resignation, indicate specific date and bring it to the personnel department or secretary.
2. Take a copy of your application with the date it was received.
3. If they refuse to accept the paper, send it by mail in a valuable letter with a list of the contents.
4. After two weeks, come for payment and work book.

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

Before leaving your job, familiarize yourself with current labor laws. Notify your manager in advance upcoming dismissal. If you are refused, do not forget that you can always reach an agreement between the parties. Before running to court, try to resolve the problem peacefully.

The application template for resignation at one's own request is not used, although the organization can create special form to save time and money. But, as a rule, no one does this, because no one ever knows on what grounds he will resign from the organization in which he currently works.

The document must be in writing and contain the following information:

• in the header in the dative case - company name, full name. directors;
• FULL NAME. and the position of the resigning employee in the genitive case;
• name of the document (“Application”);
• a text requesting termination of the contract indicating the grounds (“dismissal at will”);
• date last day work;
• date of compilation, signature of the resigning employee.

The document can be submitted personally to a personnel employee or the head of the organization, as well as through Postal office contact by sending registered mail with notification. Accepted application the termination of labor relations is registered personnel worker or in the manager's reception area. At the same time, the date of its adoption is indicated on it.

You need to pay attention to this nuance: if after the employee wrote the application, he fell ill, then the period of work will not be extended. The employee will be dismissed on the date recorded in the submitted document.

Design rules

It is important to correctly indicate the last working day in the application, and there is a nuance here:

• if the employee puts the preposition “c” before the date, the previous date will be considered the last working day;
• if the citizen wrote without this pretext, the date of departure or termination of work will be the actual one that the employee indicated in the petition.

The employee has the right to agree on the date of the last day of work with the manager in the event that it is necessary to leave the company ahead of schedule.

If the director does not object, this information is recorded in the petition. It must be remembered that if you do not indicate the last day of work, the manager can use general rules and terminate the contract with the employee after two weeks (you can download a sample application for voluntary resignation from 2019 in our article).

Document submission deadlines

A letter of resignation at your own request can be written and sent to management at any time, including during the period:

• employee's work;
• etc.

IN different situations provided different terms notifications about the upcoming termination of relations:

• a request regardless of the type of employment contract (fixed-term or indefinite). The employer has two weeks to find a new employee;
• You can notify 3 days in advance if the work was seasonal or has not yet ended;

We summarize the submission deadlines in the table.

When can you leave immediately?

But it is possible to write a letter of resignation of your own free will and resign on the same day. This is provided in the following cases:

• if the employer violated labor legislation;
• upon retirement;
• when a spouse is transferred to work in another region (most often this applies to the military);
• admission to an educational institution;
• by agreement of the parties;
• other valid reasons.

In all these cases, it is advisable to provide the manager with supporting documents along with the request to terminate the working relationship. In such cases, the employer does not have the right to delay the dismissal of the employee.

How to quit while on vacation

You can write a statement of your own free will even on vacation. This is not prohibited by law. In this case, there are two options:

• send the application by registered mail with notification, and also receive all relevant documents from the organization ( work book, certificate of calculation and other papers);
• Warn the manager about the upcoming departure before the start of the vacation.

In the second case, you need to write a letter of resignation before the vacation, and the last working day will be the last day of rest (for a 14-day vacation). This is a very convenient option if you don’t want to spend time at your workplace before terminating your employment contract.

If an employee changes his mind about leaving

An employee may change his mind and withdraw his request for termination of employment before the end of the notice period. If he was not invited to take his place new employee(by using written document), he will not be refused or fired.

But if an employee wrote a letter of resignation after a vacation, then he can withdraw it only before the first day of vacation. As soon as the vacation begins, this opportunity disappears.

Sample application for voluntary resignation 2019

Express your opinion about the article or ask the experts a question to get an answer

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 of the Labor Code of the 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.