Unsigned application. What to do if the manager does not sign the resignation letter - where to go, how to influence it, what threatens the employer

The legislation of the Russian Federation regulates the relationship between employer and employee up to the moment of dismissal, and in some cases even after it, but what to do if the employer does not sign the resignation letter, thereby preventing your departure or employment new job? Regardless of how long you have worked, what duties you have, what responsibility is assigned to you, Article 80 of the Labor Code of the Russian Federation indicates that dismissal due to at will no more than 14 days are allowed from the date of receipt of the notification from the employee.

This situation should be examined in more detail to point out all the subtleties and possible ways out of it. What questions are we interested in?

1. Is it possible to quit a job with the manager’s signature on the application?
2. Can a person be detained at work without accepting an application?
3. Can an employer delay dismissal by delaying payment or issuing documents or a work book?
4. What to do if the employer does not accept the application for dismissal, citing his own reasons or threatening to fire him for a “bad” article?

Let us immediately note that there is at least one legend regarding voluntary dismissal: the employer’s signature is required to sever the relationship. This is a big mistake, and anyone who tries to delay a person leaving a job after 14 days from filing an application is breaking the law by essentially forcing you to work. Similar situations is considered by the labor inspectorate and the court, they threaten the employer with serious sanctions.

Submitting a resignation letter without visiting your manager

Let's move on to the details. The procedure for dismissing an employee on his own initiative is considered from two points of view - this is dismissal on as usual or during the probationary period. The second case has its own subtleties in terms of deadlines. The first case is described in the already mentioned article 80 Labor Code RF and obliges the employer to fire you and end all relationships, including settlement ones, within no more than 14 days. What does this mean?

You submit an application, after which, regardless of whether the manager’s signature is on it, you can wait two weeks so that you don’t have to go to work and demand payment and the return of your work book. In practice, you should take steps to ensure that the employer does not abuse the right, in particular:

• write the application in two copies, bring it to the personnel department and make sure that it is marked incoming number indicating the date, in addition, make sure that the number and contents of the document are entered in a journal with “continuous” numbering;
• do this even if the boss signed your application during a personal meeting - if the document is not registered, the employer may claim that you did not warn him within the prescribed time frame;
• If your application is refused, send it by mail, but only by registered mail and only with notification of delivery - 14 days must pass from the moment of delivery to settlement, no matter what the HR department tells you, moreover, make an inventory of the attachment so that your application is not replaced with a blank sheet;
• the manager is obliged to sign the application after the deadline, regardless of whether he wants it or not.

Several more pitfalls can be avoided if you know the intricacies of the rules for disciplining an employee. For example, they threatened to “fire you with a bad article.” There must be grounds for this, but even if you had violations for which penalties were issued, this is not a basis for dismissal under the article - you cannot be punished twice.

You need to find a new violation, formalize it with an order, familiarize you with it, and only then make a decision on dismissal, and even then with “ systematic violations” labor regulations, discipline, failure to fulfill duties. Please note that the previous penalty “works” only for three months, then new reasons are needed.

Dismissal during vacation and sick leave

You can leave your job if you don’t sign a resignation letter during sick leave or vacation - you just need to send the document by mail, as we wrote above. If you are afraid that they will lie in wait for you to find violations - get sick, write an application for leave at your own expense, wait next vacation, in a word, avoid showing up at work until 14 days have passed from the date the employer receives your application.

The manager does not have the right to delay settlement with you and the issuance of your work book - on the day that is considered the last day of work, you are required to give documents and certificates and make payments for the days worked. If, due to the untimely return of your work book, you risk losing your new job, refer to Article 234 of the Labor Code of the Russian Federation, according to which the employer will have to pay you compensation, in addition, he will be liable legal costs, and the labor inspectorate will impose sanctions in the form of a fine.

How to quit with a fixed-term employment contract

If you are working on the basis fixed-term contract hiring, then the issue of dismissal is resolved according to the conditions specified in it, so pay attention to these points at the time of joining. If you are confused by any condition, consult a lawyer. An unscrupulous employer can put pressure on you, using your signature in the contract as an argument. Always remember that, from a legal point of view, an agreement containing illegal terms is considered “void”, that is, invalid. But you are required to pay remuneration for the days worked even under such an agreement. If you are threatened with non-payment based on violations found in the contract, then this is a fraud - contact the labor inspectorate.

Resign without the boss’s signature according to the law

Employment contract can be terminated on the initiative (at his own request) of the employee. As a general rule, in this case the employee must notify the employer about this writing no later than two weeks. Flow given period begins the next day after the employer receives the employee’s resignation letter (clause 3, part 1, article 77, part 1, article 80 of the Labor Code of the Russian Federation).

For individual categories employees, other deadlines are provided for warning the employer about dismissal: longer (for example, for organizational leaders, athletes, coaches) or shorter (for example, for employees who have entered into an employment contract for a period of up to two months, in the event of early termination) (Article 280, Part 1 of Article 292, Part 1 of Article 348.12 of the Labor Code of the Russian Federation).

If your resignation letter is rejected when contacting an employer representative ( to the immediate supervisor, head of the HR department, director of the organization, etc.), we recommend adhering to the following algorithm.

Step 1. Send your resignation letter to the department responsible for incoming and outgoing correspondence in the organization

Although obtaining any visa or signature on the resignation letter is not required, in order to obtain evidence that the employer has notified you of your dismissal, fixed time we recommend:

• register the application in the office of the organization (secretariat, other structural unit or from the person responsible for registering incoming and outgoing correspondence), make a copy of it and ask the employee receiving the correspondence to put the date and number assigned to the application, as well as his full name, position and signature;
• send the application by registered mail (or declared value) with acknowledgment of delivery. In this case, you will receive a receipt for the shipment, as well as a notification about who and when it was delivered (clause “b”, clause 10 of the Rules, approved by Order of the Ministry of Telecom and Mass Communications of Russia dated July 31, 2014 N 234);
• send a telegram to the employer with the text of the application. We recommend using such types of telegrams as “with notification of delivery by telegraph”, “with notification of delivery by telegraph “urgent””, “with delivery within the time specified by the sender” (clause 25 of the Rules, approved by Decree of the Government of the Russian Federation of April 15, 2005 N 222).

Step 2: Continue working until your termination date.

From the moment you submit your resignation until the date of dismissal (expiration of the employer's notice period), if no agreement has been reached with the employer on dismissal, you are obliged to in full fulfill your job responsibilities and prevent violations of labor discipline.

Once your notice period has expired, you have the right to stop working. On your last day of work, your employer must give you work book and other documents related to work (according to written statement), and make a final settlement with you (Part 5 of Article 80 of the Labor Code of the Russian Federation).

Step 3. Appeal the actions (inaction) of the employer who does not comply established order layoffs

If the employer refuses to issue you a work book on the last day of work and make the final payment, you have the right to file an application (complaint) with the trade union of the organization in state inspection labor, to the prosecutor's office or to the court (Article 352, Part 1 of Article 353, Part 1 of Article 354 of the Labor Code of the Russian Federation; Article 10 of the Law of January 17, 1992 N 2202-1).

Note!

When going to court with claims arising from labor relations, employees are exempt from paying state fees and court costs (

According to the norms labor legislation dismissal can be initiated by the employee or the employer. Moreover, if it is somewhat more difficult for an employer to dismiss on his own initiative, there is certain restrictions for some categories of the population, then at his own request the employee has the right in any case.

There are no restrictions here except compulsory service and therefore if the boss refuses, then this is a violation and the employee has the full right to defend his rights.

Dismissal procedure

Very often you may encounter a situation where the boss does not agree to dismiss an employee. The reasons can be very different: lack of replacement, a lot of unfinished work, prospects for the employee. Also, sometimes the methods can be more harsh: the employer can motivate by the presence of violations and threaten to fire for these violations.

A common reason is refusal to dismiss until the shortfall and losses of the company are compensated. Yes, these violations are significant and the employer has the right to go to court to protect his rights, but he cannot refuse to fire the employee at his request.

If a manager refuses to sign an employee’s resignation letter, this is clearly unlawful and therefore the employee has every right take measures to protect their legal rights. Many lawyers offer a clear plan of what to do if the employer does not sign the letter of resignation

Write an application and register it with the manager’s secretary or in the office. To do this, you need to write 2 copies of the document and keep one with a registration mark.

If the company does not have an office, you can send the application by registered mail (be sure to make a list of the attachments and order a receipt).

Wait 2 weeks from the date of registration of the application and then request a work book with a record of dismissal and payment. If the employee belongs to a special category and has the right to terminate labor relations without working out, then it is lawful to demand payment on the day the application is sent.

Without official confirmation If the application has been sent, it will not be possible to demand documents from the employer.

Where to go

When considering what to do if the employer does not sign the letter of resignation, you can first make a reservation that in any case it is necessary to adhere to the above procedure. Without this, it will be impossible to prove the very fact of refusal to sign.

Further this refusal entails consequences in the form of non-issuance of documents (work book and due payment). If the employer refuses to issue documents, then in this case you can contact:

1. Labor Inspectorate.
2. The prosecutor's office.

In fact, the employee has the right to immediately file a lawsuit or write a statement to the prosecutor’s office, but usually to resolve the issue it is enough to contact the Labor Inspectorate. If the issue cannot be resolved, its employees themselves will be able to file an appeal to the court.

So, if they do not sign the resignation letter, it is necessary to take measures as quickly as possible to protect their rights. Of course, there may be various arguments from the employer, but this is more of a moral aspect. WITH legal point In view of this, an employer has no right to refuse to fire a person. Even if there is fixed-term contract they also provide for the conditions for termination of the contract. Therefore, such actions are in any case illegal and it will not be difficult to prove your case.

The Labor Code of the Russian Federation does not contain direct instructions on how an employee should correctly inform the management of the enterprise about his (the employee’s) decision to resign from the enterprise, but only indicates the timing.

In this regard, it is necessary to look for the answer to this question in local normative legal acts enterprises, which are: Rules/instructions internal regulations enterprise, Regulations and orders of the enterprise director regarding general issues hiring and dismissing employees and organizing personnel work.

Such instructions may be contained in the employment contract.

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Comments

Thank you, but still no direct answer was given. I thought that someone who knew firsthand would answer. I still don’t understand, is it still possible to do as it sounds in my question?..

You can do as you please. However, it would be correct to act in accordance with the local regulations of the enterprise from which you want to quit, since they are the ones who have legal force for all employees of the enterprise. You don’t want to break the law?... And to find the really correct answer, read the Labor Code of the Russian Federation. It is written very clearly - for people, for ordinary workers, so that everyone can understand everything clearly and correctly))

Who signs the resignation letter?

You sign the application.
Make a copy and when you give the original to the personnel, ask to put on the copy the date of receipt of the application and the signature of the person who accepted it.
According to Article 80 of the Labor Code of the Russian Federation, you are submitting an application
Article 80. Termination of an employment contract at the initiative of the employee (at his own request)
www zakonrf info
An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or another federal law. Flow specified period begins the day after the employer receives the employee’s resignation letter.

And you are fired under Article 77, paragraph 3
Article 77. General grounds termination of the employment contract.
www consultant ru

The application can be sent by registered mail with a list of attachments.

If you need advice, please contact us.

Comments

What the resigning person signs is not discussed (this is implied). I also looked into these articles and read them carefully. There was no question about the timing of dismissal. The nuance of the question is who should be considered an EMPLOYER, your closest boss, or still the director? So there is no exact SPECIFIC answer, but only general provisions who know everything.
Sorry. But this is IMPORTANT.

You sign your resignation letter.
All.
You notify your employer two weeks in advance.
There is only one employer at the enterprise - the director.
The director hires a personnel officer who is tasked with drawing up documents on hiring and dismissal. All documents are signed by the director or a person acting on behalf of the director by proxy.
The head of the department has nothing to do with hiring or dismissal.
And I repeat once again, if an employee decides to quit, according to the Law, he is obliged to notify the employer (director) about this and that’s it. Do not ask permission to quit, but simply inform him that you will no longer return to work in two weeks. The employee does not need to collect anyone’s signatures.

In Article 77 of the Labor Code Russian Federation the grounds for termination of the employment contract are listed. One of them is employee initiative. Having decided to leave your job, you must write a letter of resignation of your own free will.

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

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

However, the application of Article 80 of the Labor Code of the Russian Federation is, as a rule, mutually beneficial: there is less hassle for the employer, and the employee has a normal entry in his labor record.

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

When should it be submitted?

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

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

If an employee's last working day falls on Public Holiday, the day of dismissal will be considered the next working day. For example, if you wrote a statement on April 17, then your dismissal will be formalized not on May 2, but on May 4.

This general rule. But there are also special cases.

Condition	Notice period for dismissal
Stay on probationary period(Part 4 of Article 71 of the Labor Code of the Russian Federation)	3 days
Performance seasonal work(Article 296 of the Labor Code of the Russian Federation)	3 days
Termination of an employment contract for a period of 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 resignation letter

No unified form. But there are rules for drawing up a resignation letter.

The law requires that it be in writing: handwritten or typed on a computer. The personal nature of the expression of will is also emphasized by the employee’s signature. Without it, the application is invalid.

In the header you need to indicate the addressee (" to CEO"SharKo" LLC to Ivan Ivanovich Ivanov") and the addressee ("from the sales manager of "SharKo" LLC, Petrov Petrovich"). The word “Statement” will be the title. Next, you need to formulate a request for dismissal.

I ask you to dismiss me from my position at your own request.<дата>.

I ask you to dismiss me at your own request on the basis of Article 80 of the Labor Code of the Russian Federation. I request you to resign<дата>.

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

You can submit your resignation letter in person or by mail, sending it by registered mail with notification.

Is it necessary to work for two weeks?

But this is again a general rule. According to Part 2 of Article 80 of the Labor Code of the Russian Federation, you can separate even before the expiration of two weeks By mutual consent sides If the manager does not mind, 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:

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

Can I be 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 giving up on everything is impressive. But counterproductive.

From the day you submit your resignation until the day your employment contract is terminated, you are still an employee of the company and are required to obey the labor regulations.

Absence from work without good reason is truancy. For this they are fired (Part 6 of Article 81 of the Labor Code of the Russian Federation). The same goes for inappropriate behavior in the workplace. Showing up to work drunk is also not an option.

Is it possible to change my 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 expiration of the notice of dismissal. As a general rule - until 24 hours on the 14th day.

If you took a vacation from subsequent dismissal, you can withdraw your application before the start of your vacation.

The application form is not specified. But you can simply pick it up from the HR department, you can make a corresponding note on the original document, or you can draw up a new one.

My letter of resignation at my own request from<дата>please consider it invalid.

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

What to do if the application is not signed

The law does not oblige the employer to endorse resignation letters. But in practice, as a rule, they are registered in a special journal and the manager signs.

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

Secondly, make a knight move. Try registering the application in the organization's office as incoming correspondence. Didn't work? Then plan B: send it by registered mail with notification addressed to the manager. The postal notification will confirm that the employer 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 no longer want to leave. If after 14 days you continue to work as if nothing had happened, the employment contract will continue.

How does the dismissal procedure work?

At the end of the notice period, the employer issues an order to terminate the employment contract. You must be familiarized with it against receipt (Article 84.1 of the Labor Code of the Russian Federation).

Then the personnel officer will make an entry in your work book: “Dismissed at his own request, paragraph 3 of part 1 of Article 77 of the Labor Code of the Russian Federation” or “The employment contract was terminated at the initiative of the employee, paragraph 3 of part 1 of Article 77 of the Labor Code of the Russian Federation.”

Make sure the specialist personnel service did not confuse the clause, part and article of the Labor Code. For entering into the work book the wording of the reason for dismissal that is incorrect or does not comply with the law, material liability(Article 234 of the Labor Code of the Russian Federation).

Having received a work book and other Required documents, you can apply for a calculation. You must be paid wages for days worked in the month of dismissal, and compensation for unused vacation, and severance pay, if such was provided for in the employment contract.

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