Majority employees think about quitting once a day. These are the statistics. The reasons for wanting to quit can be different, ranging from mobbing (psychological pressure) and professional burnout, ending with dissatisfaction wages and the impossibility of further career growth. In general, it doesn’t matter what was the reason to change one company to another, the decision has been made. The question arises - how to resign correctly?
How to resign correctly and make the dismissal process as painless as possible for both nervous system, and for a career? It’s one thing to tell your boss that you’re not happy with literally everything about this meta, declare that it’s a bad organization, and walk away, demonstratively slamming the door. But it’s another thing to talk about what useful things you got at this place of work, what you learned and that it’s time for you to move on. Leaving gracefully is an art. If you decide that nothing holds you back at your previous job, don’t rush to burn all your bridges. In this delicate matter, as in divorce, it is important to remain friends.
Turn off your emotions, carefully weigh the pros and cons, and make sure you are taking the right step. Quitting in order to prove something to someone is wrong and rash step, which can cost you dearly.
A person who does not know how to quit a job correctly and generally doubts whether Is it worth changing jobs?, experts warn against communicating with colleagues and your manager about discussing your desire to change jobs. Because you can change your mind, but the signal to the employer about your disloyalty will remain. It is better to consult with your family and friends, but not with your employees, and certainly not with your boss.
When the decision to quit is made, the first person to know about it should be your boss. You should not share this information with colleagues; it may reach management in a distorted form. Getting ready for important conversation, remember, in about half of the cases the employer will convince you to stay in the company, offer a salary increase and a change in the list of responsibilities. Therefore, it is worth thinking through your response to a counter-offer in advance, understanding for yourself what you are capable of agreeing to, and then your negotiations with your boss will become the same bargaining process as when applying for a job.
The professional world is a small place, so when you quit, try to be as correct, friendly and responsible as possible. If during your work your manager treated you with delicacy and understanding and shared his experience, do not forget to thank him. As a rule, for a competent and wise manager, the departure of an employee is not a tragedy or betrayal. In this case, maintaining a good relationship is not difficult. The main thing is not to let the company down. It is important to give your employer the opportunity to prepare for your departure. Complete started projects, help colleagues who will work on your site (perhaps recommend good specialist in its place, if there is one among your friends). All this will allow you to turn to them with a clear conscience if necessary in the future.
Remember how your boss acts when dismissing employees. If the separation is amicable, give notice of the dismissal in advance. If your boss has a habit of terrorizing employees who quit, don't be so last days at work. Give immediate notice of your resignation two weeks in advance.
If it was not possible to avoid conflicts during dismissal, refrain from commenting on what happened - business ethics does not allow this. Keep in mind that information about how the separation from an employee occurred spreads very quickly in the labor market. Therefore, it is important to leave only about yourself pleasant impressions(both with your superiors and in the team as a whole), and unnecessary emotions can damage your reputation as an employee. Under no circumstances should you throw out all the accumulated negativity; you should not express to your face everything that has hurt you over the years of work. Do everything to smile and boldly look into their eyes when meeting your former colleagues, and not pretend strangers. Maintain relationships with employees from your previous workplace. You will be able to share useful professional experience, and if necessary, they may recommend you for a new job.
How to quit your job correctly - technical issues
Nine out of ten layoffs occur due to at will. This is official, but in reality it is not so simple. This wording may hide layoffs, resignation by agreement of the parties, and even dismissal for hooliganism.
At work there was talk of staff reductions. The boss calls his subordinate, throws up his hands and asks him to write a statement. So, you absolutely cannot agree to this, otherwise you will lose your severance pay and other benefits. If a person quits due to staff reduction, this is optimal for him from a financial point of view. And that's why. Firstly, he is warned about this two months in advance, and during this time he can find a new place of work. Secondly, upon dismissal, he is paid two months' salary in the amount of average monthly earnings.
Another option is that the employer starts talking about layoffs, but the employee knows for sure that his staff position will not be cut. The employer just wants to hire a new person to fill the vacant position and possibly reduce the salary. In this case, experts advise reaching an agreement between the parties and a mutually beneficial agreement. The agreement of the parties implies a document with the expression of will of the two parties, the employee and the employer, on termination employment contract. Bargaining is appropriate here. For example, a person does not want to quit and believes that he could work, but the owners have a different opinion, although in principle they have nothing to be offended by this employee. And they offer him six salaries. In this case, the person resigning has the right to ask for more. But the main thing here is not to go too far.
It is beneficial for an employee to resign at his own request when he knows that he is guilty of something - official violations, absenteeism, violations of the company's charter - this is an incomplete list of reasons to leave on his own, so as not to spoil the work record.
However, there are also real voluntary dismissals, when an employee really wants to leave this job. When leaving, he must work for two weeks, but there are other options. It is absolutely not necessary to work two weeks if the employer does not require it. They can pay you off on the same day and immediately, at the time of submitting your resignation, pay you the salary you earned, and maybe compensation for unused vacation. The employer must also provide all certificates, for example, about income for the year.
The boss does not want to lose valuable personnel and is stubborn to sign a letter of resignation. Then the employee has a direct route to the post office. You must send a registered letter with return receipt requested, and the date you submitted it mailing, will already be considered the date of the resignation letter. If you think that you were fired incorrectly and illegally, feel free to contact labor inspection at the place of residence. If it doesn't help, then go to court.
Leave your old job according to all the rules, then the changes will only be for the better.
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How to quit on favorable terms? From the point of view of the labor code, there are two different grounds for termination of an employment contract: at the initiative of the employer and at the initiative of the employee. The difference is obvious - who wants labor Relations stop, he initiates the dismissal. Why, in a situation where the employment relationship does not suit the employer, should the employee still express a desire to terminate it? The very formulation of the question is already suggestive, because the main reason for dismissing an employee is the employer’s desire to get rid of an unwanted employee. It should be noted here that getting rid of formal encroachments on your employment relationship does not allow you to solve the main problem - the employer’s reluctance to continue the employment relationship with you.
If you are asked to write a letter of resignation of your own free will, then, first of all, the employer wants your employment relationship to end. Why, in the employer’s opinion, they should stop at your request will be discussed below.
As a rule, employers are guided by the following considerations.
1. The employer does not have the right to fire an employee on his own initiative simply because “that’s what I want!” The law, namely Art. 81 of the Labor Code of the Russian Federation, contains an exhaustive list of circumstances that give the employer the right to terminate an employment contract with an employee. The circumstances are as follows:
1) liquidation of an organization or termination of activities by an individual entrepreneur;
2) reduction in the number or staff of the organization’s employees, individual entrepreneur;
3) the employee’s inadequacy for the position held or the work performed due to insufficient qualifications confirmed by certification results;
4) change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant);
5) repeated failure by the employee to perform without good reasons labor duties if he has a disciplinary sanction;
6) one-time gross violation of labor duties by an employee:
a) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day (shift) );
b) the employee’s appearance at work (at his workplace or on the territory of the organization - employer or facility, where, on behalf of the employer, the employee must perform labor function) in a state of alcoholic, narcotic or other toxic intoxication;
c) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties, including disclosure of personal data of another employee;
d) committing at the place of work theft (including small) of someone else's property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a resolution of a judge, body, official authorized to consider cases of administrative offenses;
e) a violation by an employee of labor protection requirements established by the labor safety commission or the labor safety commissioner, if this violation entailed serious consequences (industrial accident, breakdown, catastrophe) or knowingly created a real threat of such consequences;
7) commission of guilty actions by an employee directly servicing monetary or commodity values if these actions give rise to a loss of confidence in him on the part of the employer;
8) the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;
9) adoption of an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;
10) one-time gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;
11) the employee submits false documents to the employer when concluding an employment contract;
12) cases provided for in the employment contract with the head of the organization, members of the collegial executive body organizations;
13) other cases established by this Code and other federal laws.
Thus, if the employer asks you to resign of your own free will, most likely, he does not have legal grounds for terminating the employment relationship. That is why the employer needs your desire in writing.
Dismissal at your own request is one of the fastest and easiest. The employee wrote an application, indicated in it a request to terminate the employment relationship from the date the application was written, the employer agreed, and that’s it - the employment relationship was terminated. Tomorrow this employee will no longer come to work and will not be an eyesore to his disgruntled bosses. In addition, upon dismissal of his own free will, the employee is not entitled to any compensation payments. That is why they are so eager to dismiss “at their own request” when reducing the number or staff, when by law every employee has the right to payment of severance pay and preservation of average earnings for the period of employment.. Do not forget that if you have passed training at the expense of the employer and signed an appropriate agreement with the condition of working for a certain period of time, then upon dismissal of your own free will, the cost of training may be collected from you! As you can see, the employer has an excellent opportunity to save on such dismissal.
The legality of dismissal at will is very difficult to challenge in court. In the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation Labor Code RF” states that if the plaintiff claims that the employer forced him to submit a resignation letter of his own free will, then this circumstance is subject to verification and the responsibility to prove it rests with the employee. It is extremely difficult to obtain such evidence, especially after dismissal, so you need to prepare the evidence base in advance, but more on that below.
Summarizing the above, we can say that dismissal of an employee “at his own request” is the cheapest, most convenient and quick way the employer is guaranteed to part with an unwanted employee.
What to do if you are forced to resign of your own free will?
There seem to be at least three options:
1. If a conversation with an employer has led you to think that your job is really worth changing (that is, you really have a desire to terminate your employment relationship), then you should write a statement and resign of your own free will. The rules are as follows.
In accordance with Art. 80 of the Labor Code of the Russian Federation, an employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.
By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.
In cases where an employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's statement.
Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract.
Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.
If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.
2. If you really value your job and would not like to part with it, then, first of all, you should try to have a constructive conversation with your employer to find out why the employer is so eager to get rid of you, and whether you can do something with your parties to rectify the situation.
2.1 Most often, pregnant women find themselves in this situation (from whom, for some reason, it is customary for employers to get rid of them). What can you offer the employer in such a situation?
If the employer is illiterate, he may believe that a pregnant woman, and subsequently a woman having a child, will place an additional financial burden on the organization. This is not so, since all benefits for insured women (you are insured if the employer pays the unified social tax from your salary, or rather from the wage fund, which includes your salary) are paid from the Social Insurance Fund.
Also, the following motives can motivate an employer:
- he doesn’t want to look for a replacement for you,
- there are difficulties in finding an employee of your level (if you are such an irreplaceable specialist, then getting rid of you makes no sense at all, which should be hinted to the employer),
- It is difficult to train existing employees.
What solution to these problems can you offer the employer?
a) The employer has the right to hire another employee during your maternity leave and child care leave, concluding a fixed-term employment contract with him to replace the temporarily absent employee. So that the employer does not subsequently have difficulties with his dismissal, the term of the contract should be stipulated, for example, “for the period that Ivanova T.M. on maternity leave."
b) Your responsibilities can be distributed among other employees with their written consent, with the establishment of appropriate additional payments for them for performing the duties of a temporarily absent employee (the employer has free funds in the form of your salary and this can be used to establish additional payments). The possibility of such distribution is provided for in Art. 60_2 of the Labor Code of the Russian Federation, according to which, in order to fulfill the duties of a temporarily absent employee without release from work specified in the employment contract, the employee, with his consent, may be assigned additional work, either in a different or in the same profession (position). The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.
What can you offer the employer on your part? Help select a replacement and bring her up to date before you go on maternity leave, and also, perhaps, promise to supervise her remotely (via phone or the Internet, if your job allows it) until the birth, or before you return to work. If the employer chooses the option of assigning additional responsibilities to existing employees, then you can help them get up to speed and leave them with as much work as possible. detailed instructions, your telephone numbers or provide another opportunity to contact you to resolve current issues. In general, you have the right to continue working without going on maternity leave at all before giving birth, or to work from home, or to work part-time. As you can see, there are many options, you just need to find the one that will satisfy both you and your employer.
A trade union, if there is one, can be a good mediator in finding a compromise with the employer, so be sure to contact them there too.
If, despite all the efforts made, it was not possible to come to an agreement with the employer, then further actions depend on whether you are ready for open confrontation or not.
2.2. If you do not have the strength to resist the employer, then you should write a letter of resignation of your own free will, having previously prepared for reinstatement at work in judicial procedure. To do this, you should stock up on evidence of the “forcedness” of your “voluntary” dismissal. The easiest way is to record your conversation with your employer. It is important that the voice recorder records threats or other pressure on you from the employer. You can provoke the employer into a conversation in the presence of colleagues or other persons who will subsequently be able to testify in court (you should not rely too much on colleagues, since it is rare that an employee will agree to testify against his employer). Once you have received the evidence, you can write a statement.
Attention! A hint about the types of liability for late payment of wages.
Our experience shows that this course of action will most likely not solve your problem. There is a small chance that the employer will understand that it is better not to contact you and will leave you alone. However, the most likely scenario is repeated dismissals, continued pressure and other illegal actions.
What happens next depends on your persistence: how many times you are ready to be reinstated at work through the courts (keep in mind that the actual time frame for considering cases of reinstatement at work ranges from six months to a year).
2.3 If open confrontation does not scare you, then be prepared for the fact that, having lost the opportunity to get rid of the employee without any hassle, the employer will look for other options. As a rule, all “creative ideas” of employers can be divided into two categories:
- those who pursue their goal to create in you a desire to resign of your own free will;
- those that give the employer the right to terminate your employment relationship for other reasons. Since all other grounds require the presence of objective circumstances (and we have already said that since the employer needed your application, he has no other legal grounds to fire you), these circumstances will be “artificially created.” The only advice that can be given in this situation is not to give the employer grounds for dismissal.
3. Quit, but on favorable terms.
Since, as stated above, the employer’s interest is not only in getting rid of you as an employee, but also in doing this as quickly, simply and without conflict, it is possible to bargain for providing the employer with such resource savings. What can you ask in exchange for your consent to resign? The law does not limit you in anything; the specific result depends only on your ability to negotiate. For example, you can condition your voluntary dismissal:
— payment of severance pay (the amount is arbitrary);
— providing written positive recommendations for subsequent employers;
— providing a certain time to search for a new job;
— provision of unused annual leave with subsequent dismissal;
- and so on.
You should not trust oral agreements with the employer, so in this case you should seek dismissal by agreement of the parties. The Labor Code of the Russian Federation very briefly regulates this type dismissal, which gives you the opportunity to include in the dismissal agreement any conditions that you agree on with the employer. If the employer refuses to terminate the employment relationship with you by agreement of the parties, at least do not ask in your resignation letter to voluntarily terminate the relationship with you before the expiration of the two-week notice period for dismissal. In this case, you will give the employer two weeks to fulfill the agreed conditions (or provide you with guarantees of their fulfillment), but if after two weeks the employer does not fulfill the agreement, you will be able to withdraw your application, which will deprive the employer of the legal basis to fire you.
Sooner or later, every employee comes to a time when he wants to end his employment relationship, but not everyone knows how to properly quit his job. What can motivate a person to quit? Everyone has their own motives: some are not satisfied with the salary, while others prefer, on the advice of psychologists, to change their jobs every 5 years. workplace. Whatever the reasons for leaving a job, the dismissal process must be carried out in compliance with labor laws.
Dismissal procedure
The process of terminating an employment relationship depends on what kind of agreement is concluded between the parties. There are two types of contracts: fixed-term and unlimited. In addition, termination of urgent and open-ended contracts are regulated by various articles of the Labor Code of the Russian Federation. In the first case, this is Article 80 of the Labor Code of the Russian Federation, in the second, Article 78 of the Labor Code of the Russian Federation.
Termination of an open-ended contract
An employment contract, which is concluded for an indefinite period, can be terminated at the initiative of the employee and is regulated by Article 80 of the Labor Code of the Russian Federation. To terminate this type of employment relationship, the employee’s will is sufficient, but he is obliged to notify the employer of his decision 14 days before the planned date of dismissal.
Important! The warning must be in writing, usually a notice of voluntary resignation. Employee's verbal statement: “I quit!” is not considered as notice to the employer.
After 14 days from the date of submitting a written application, the employee has the right not to return to work. The employer's consent is required only if the employee decides to resign before the end of the notice period.
But how to quit quickly, before the expiration of 14 days, if the employer does not agree? The legislation provides for this possibility, but in the presence of certain circumstances due to which the employee is not able to continue to perform his job duties. Such circumstances include the following cases:
- Enrollment of a worker in an educational institution.
- Change of place of residence due to moving to another area.
- Violation of labor laws by the employer.
- The employee's health condition due to which he can no longer continue to work.
If such circumstances exist, the employer must dismiss the employee on the day specified in the resignation letter.
Every employer values good employees and reluctantly agrees to fire a valuable employee. However, he does not have the right to prevent a person from resigning at his own request and forcing him to work. There are often cases when an employer refuses to dismiss an employee, citing the fact that he has not completed fulfilling his obligations or has not signed a work order, but such actions will be illegal. In such a situation, the employee has the right not to go to work, and if he has not received a work book and final payment, he has the right to sue to protect his rights.
Termination of a fixed-term contract
If an agreement is concluded between the parties for a certain period, then the employee’s mere desire to terminate the employment relationship is not enough. In this case, the mandatory consent of the employer is required. If he does not agree, the employee will be forced to wait until the contract expires.
The employee must put his decision on early termination of the contract in writing and submit it to the manager for approval. The wording of the statement may look like this: “I ask you to dismiss me from my job by agreement of the parties (specify date).” If the employer does not object, the contract will be terminated within the period specified by the employee. By mutual agreement between the parties, the date specified in the application may be changed.
But how to quit your job if agreement is not reached? If the employer refuses to dismiss you, and the person does not want to continue the employment relationship, then he can simply not go to work. This option is not suitable for those who want to leave gracefully, since in this case the employer has the right to fire the person for absenteeism and make an entry about this in the work book. Therefore, it is better to try to reach a consensus with the manager.
For reference! Application to employee disciplinary action in the form of dismissal is the employer’s right, but not an obligation. Therefore, even if an employee is absent from the workplace, the employer may not fire him until the end of the contract.
When is the best time to quit your job?
Many people wonder how to competently quit their job in order to gain some benefit. Some people decide to quit after a year of work, wanting to receive compensation for unused vacation time, while others quit only when they find a new job, so as not to interrupt their work experience.
Upon dismissal, the employer is obliged to pay the dismissed employee all accruals that are due to him. This amount includes wages for the time actually worked, as well as monetary compensation that is paid for unused leave.
The working year is not calculated calendar year, which begins on January 1, and from the date of hiring. Calculation of the working year is important for calculating compensation for labor leave that was not used. How more people worked without vacation, the greater the amount of compensation will be.
Also for some, the question of whether to quit before or after the vacation is relevant. Everything here is individual, since you can find a new place during your vacation. At the same time, one can live on the compensation received while the person is looking for a suitable job.
I wrote this material to familiarize you with how to correctlyresign voluntarilywithout any negative consequences, no matter what category of employees you belong to: an ordinary employee or a manager at any level.
Russian legislation provides for the human right to free work. This means that everyone has the right to independently choose the type labor activity(or not choose any - Soviet norms on liability for parasitism have long been abolished), enter into and terminate an employment agreement (contract). And one of the main grounds for termination is voluntary dismissal.
This article is devoted to how to correctly formalize such a dismissal, and what attention should be paid to it.
○ Dismissal at your own request.
✔ Labor Code on dismissal at one's own request.
Current Labor Code Russian Federation(hereinafter referred to as the Labor Code of the Russian Federation for simplicity) provides in Art. 77 list of grounds on which an employee may be dismissed. This list is open, but those grounds that are not included in it are quite rare professions and positions (such as judges, employees of the Investigative Committee or the Prosecutor's Office, officials of municipal or civil service), and therefore 11 points of this article are enough for the absolute majority of workers.
Clause 3 of Art. specifically speaks about such dismissal. 77 of the Labor Code of the Russian Federation, which in turn refers to Art. 80 of the same code. In essence, Art. 80 is all that an employee needs to know who wants to correctly and without unnecessary problems quit.
The dismissal procedure itself for employees who entered into an open-ended employment contract has not changed since 1992, when the Soviet Labor Code of the RSFSR (later the Russian Federation) of 1972 was still in force. However, the Labor Code of the Russian Federation, in force since 2002, has significantly eased the situation for workers on a fixed-term contract: now they can quit on general grounds, without having to prove to the employer that they have valid reasons for dismissal.
✔ What reason should I write in the application?
The legislation does not describe in detail what reasons an employee may have for voluntarily dismissal. This is his personal matter, which does not concern anyone. Even if he wants to quit because he doesn’t have time to pet his beloved cat before work, he has the right to write a letter of resignation.
The reasons why an employee quits matter only for the so-called “ working off» – the period during which the employee who submitted the application is obliged to continue working. By general rule such a period is set at least two weeks from the date of submission of the application. However, if the dismissal is due to valid reasons, service is not required. The Labor Code of the Russian Federation specifies the following as valid reasons:
- If the employee cannot continue to work (due to retirement, enrollment in an educational institution, etc.).
- If the employer seriously violates labor legislation or contracts and agreements with a specific employee or team.
However, this list is not exhaustive, and by mutual agreement, the employee and employer can do without observing the notice period for dismissal.
Validity of reasons for voluntary dismissal was required, as already mentioned, until 2002 for workers on fixed-term labor contract, as well as until 2010 - to maintain continuous work experience. Currently, due to changes in pension legislation, continuous service has practically lost its importance for the assignment of pensions. Where it is also taken into account for receiving departmental benefits, only the interval between dismissal and new employment matters, and not the reasons for which the dismissal occurred.
✔ List of necessary conditions for dismissal on your own.
Strictly speaking, only one condition is necessary - the desire of the employee himself. Having notified the employer in advance and worked the required two weeks (or more if the application was submitted longer before the expected date of dismissal), the employee has every right to stop any activity at the old enterprise and not show up there again.
None of the employer's requirements matter. If you are required to complete some work, sign a bypass sheet in advance, etc., and without this they threaten not to issue a work book, do not worry, but feel free to stop working. The law is on your side, and you can cause trouble for an intractable employer by filing a complaint with the court or filing a complaint with the prosecutor's office. Experience shows that this is more than enough.
✔ Step-by-step procedure/dismissal procedure.
So you've decided to quit. How should you proceed?
The first thing an employee needs to do is submit an application. The law does not establish any requirements for its form, but the easiest way would be to use sample application, which is easy to find on the Internet. The application is submitted to the employer, who is usually the head of the enterprise. Depending on the internal regulations of the organization, the application can be submitted through the director’s reception office, the personnel department, etc. - the main thing is that the application ends up with the manager. If you work in a branch of an organization, then it is better to submit your application at the location of the head office.
Sometimes dismissal is preceded by a conflict between the employee and the management of the enterprise. If you are afraid that your application will be lost or destroyed in order to then fire you “under the article” (that is, for a gross violation of labor duties or discipline at the enterprise), then you need to insure yourself in advance. As a rule, it will be enough to write an application in two copies. Then one copy is handed over to the management of the enterprise, and on the second, the personnel officer, secretary or other person who has the necessary powers according to the internal rules of the organization puts a mark of acceptance: the date when the application was received, an indication of the position, a signature with a transcript. A statement with such a mark will be reliable evidence in case of trial. If they refuse to put a mark, then the best way out will send the application by registered mail with notification and a list of the contents. This long haul(the letter will go no less than three days), but absolutely reliable: the signature and date on the postal notice will clearly indicate that the letter was received on that day, and the inventory of the attachment with the post office mark will be proof in court that it was a letter of resignation that was sent.
But the application has already been submitted. From this moment, in accordance with Art. 80 of the Labor Code of the Russian Federation, the notice period for dismissal begins to run. As already mentioned, it must be at least two weeks. In the same case, if the employee wants to quit without working, the employer has the right to demand documents confirming the grounds for early dismissal. If there are no such documents, you will have to work for two weeks.
During the working period, the employee must perform his duties in accordance with the employment contract. Filing a resignation letter of your own free will will not prevent the employer from firing you for absenteeism or other violation, if any. However, if an employee falls ill, the notice period is not interrupted. In this case, the employer is obliged to issue a dismissal order, make calculations and issue a work book, even if the employee is on sick leave. If the employee cannot appear for the work permit in person, then it can be sent by mail with his consent, or will be issued after recovery.
It must be remembered that if you were a financially responsible person by position and were personally responsible for the safety of any property of the employer, you should return this property upon dismissal by signing the appropriate documents - otherwise the management of the enterprise may hold you liable. However, signing or non-signing of a bypass sheet and other internal documentation has nothing to do with dismissal and only means that, if necessary, you will have to do this no longer as an employee of the company. Management will still be required to issue a work book and make a full payment.
After the period of service has expired, the employee is obliged to stop working. If he continues to perform his duties and does not insist on dismissal, then by law the employment contract is considered continuing, and the entire dismissal procedure must be started anew.
In addition, during the entire period of notice of dismissal, the employee has the right to withdraw his application and continue working. The only exception will be the case when another employee has already been invited to take his place by way of transfer (Article 64 of the Labor Code of the Russian Federation). However, in this case, the new employee must be invited from his organization in writing, and the resigning employee must be familiar with this invitation and the consent that his future successor gave to the transfer.
✔ What entry will be included in the labor record?
It should be remembered that a work book is a rather strict document, and the outcome of possible disputes regarding length of service and type of work activity often depends on the correctness of the entries made in it. Therefore, when dismissing for any reason, including at his own request, the employee must ensure that the company’s personnel officers make an entry in strict accordance with the Labor Code of the Russian Federation. The current instructions for filling out work books provide that the entry is made with reference to Art. 77 of the Labor Code of the Russian Federation is a general article that provides for all grounds for dismissal, and not under Art. 80 of the Labor Code of the Russian Federation, which specifically refers to dismissal at the initiative of the employee.
Therefore, the entry in work book for the person resigning, must contain a reference to clause 3 of Art. 77 of the Labor Code of the Russian Federation and the words “dismissed at his own request” or “dismissed at the initiative of the employee.” Let us emphasize once again: in the labor instructions of Art. 80 of the Labor Code of the Russian Federation should not exist! This is a very common mistake that is made in many HR departments, but due to its prevalence, it does not become acceptable.
If, upon dismissal, you discover that a mistake has still been made, you need to demand that a new entry be made immediately: “The entry numbered ... (the number of the erroneous entry should be here) is invalid.” After this, personnel officers must make the correct entry for the next serial number.
To finish the conversation about entries in the labor report, let us pay attention to the fact that entries in the labor report are made only in full words, without abbreviations. Therefore, it should not be written “p. 3 tbsp. 77 of the Labor Code of the Russian Federation”, and “clause 3 of Article 77 of the Labor Code of the Russian Federation”.
So that voluntary dismissal is as painless as possible for both parties and does not negatively affect further career, there are a few simple rules:
- It is necessary to resign with careful adherence to the procedure provided for by the Labor Code of the Russian Federation. It is also necessary to comply with the requirements stipulated by the internal documents of the organization - but only to the extent that does not contradict the law and only if you have been familiarized with them under signature.
- If possible, conflicts with former employer. Of course, you need to protect your rights - but the labor market is not that big, and your new manager can contact the former. It is best to leave a good impression of yourself, and if this requires meeting your former boss halfway in something, it is better to do so.
- Be careful when returning tools, equipment, and documents that you used at your previous job. Best option here - transfer according to the inventory to a new employee who came to your place, but if there is no such person, then to a representative of the company’s management. In the event of a conflict, this will allow you to avoid charges of theft.
- During the working period, take your responsibilities as seriously as possible. There should not be any violations (lateness, absenteeism, etc.) - otherwise you can easily find in the work book an entry about dismissal not at will, but at the initiative of the employer.
- Dismissal at one's own request must be voluntary. In practice, there is a situation when the employer demands that the unwanted employee himself write a letter of resignation - in this case there is no need to look for another reason for dismissal and pay severance pay . But such demands are completely illegal. If an employee is threatened that otherwise he will be “dismissed under an article” (that is, for any violation of the law or an employment contract), the employer thereby admits that he himself is preparing to break the law. Illegal dismissal in this case it will be possible to protest in court, having achieved reinstatement at work. However, since it is extremely problematic to work in such a relationship with management, most workers seek through the court to change the wording to dismissal at their own request and payment compensation for forced absence. In addition, the court can also recover compensation for moral damage from the employer.
How to quit your job and why is it so important to do it right? Read in the article.
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It was no coincidence that I started talking about topics related to work and career, because today we will touch on one of them.
I believe that everything should be done as well as possible.
It is necessary not only to start activities in a new place correctly, but also to part with the old team and boss without problems or scandal.
Today we will talk about how to quit.
Why is it so important to quit your job the right way?
Bosses, they are like the girls from a stupid but popular song.
There are different bosses: black, white, red.
That is, some were quite lucky with their boss, while others got a true fiend of Hell.
And when you have a chance to escape from this demon (you find a new job), an irresistible desire arises: to tell the bastard boss everything you think about him, and at the same time notify your colleagues about your “fair” regarding their submission to the satrap .
This desire is quite understandable, but try to accumulate all your strength to drive it away.
The husband of one of my friends often repeats the phrase: “You need to leave in such a way that you can always return.”
It seems to me that he is absolutely right, because you never know how your fate will turn, the law of the boomerang has not yet been repealed.
What if things don’t work out for you in your new place?
What if you have to cooperate with the old one?
And you have already burned all your bridges with no hope of rebuilding them.
Besides, try to look at this situation from the other side.
I once witnessed a disgusting picture of the departure of one of my colleagues, who did not know how to quit your job correctly, so I started a most disgusting scandal in the office.
He yelled about what idiots we all are, and what a scumbag our boss is.
It is clear that he seemed to himself to be a fighter against evil in a spotless cloak, but we saw only an ill-mannered loser with a bunch of complexes.
Mistakes of those who do not know how to quit their job correctly
Not all people deliberately try to leave by slamming the door loudly.
For some, this happens naturally because they simply do not know the rules for ideally quitting a job.
The most common mistakes when changing jobs look like this:
The desire to break old ties in one fell swoop and, at the same time, to take revenge on everyone who did you bad or hurt during your work.
And you just need to leave, while saving face.
The misconception is that you can completely do without maintaining good relations with my former boss and colleagues.
What about the fact that you may well meet one of your colleagues at seminars, conferences, or anywhere?
The habit of telling nasty things at a new place of work about your old colleagues, about how much you had to endure while you worked in this branch of Hell.
Particularly talented applicants begin to do this during the interview, and then they are surprised: “How is it possible: they didn’t hire me?!”
Unwillingness to defend one's rights.
There is no need to make a scandal, but to talk (namely, talk, and not yell obscenities) about compensation unused vacation or the timing of payment of the remaining salary is absolutely necessary.
Manipulating the offer new job to achieve a salary increase or a leadership position.
Idiots don't become bosses, so they'll find out in no time and get you into trouble.
Quitting your job without causing problems for yourself or other people is quite simple.
The main thing is to follow these tips:
- Remember that the results of your activities belong to the old office (unless otherwise specified in the contract), so you should not take these achievements with you.
Tell your boss first that you are about to leave.
Not in secret to half the office, but to your boss.
It’s better to do this in private, and not shouting: “That’s it, you goat, your dominance is over, I’m going to a place where I will be loved and respected!” in front of the entire team.
Remember that you must write a statement two weeks before leaving.
Don't flatter yourself with hopes that you threw in your application and were free in 5 minutes.
A smart boss will be able to drink another bucket of your blood in these two weeks if you don’t resolve the issues with him in an amicable way.
Finish all your work.
Don't leave any tails to the new employee who comes to take your place.
Why do you need curses that a newbie will send when trying to clear away your rubble?
Don't indulge your villainous instincts.
Do not handle paper clips, files, paper, or push pins with both hands.
Well, why do you need all this?
To destroy the remnants of self-esteem with the help of unnecessary trash?
Don't be impudent during the mandatory two-week detention period.
There is no need to constantly be late and go home early, demonstrating with your behavior: “I don’t care, I hardly work here anymore.”
Be careful that you, as someone who is almost unemployed here, are not paid the same amount. wages for the last month.
Leave gracefully, saying kind words to your colleagues and boss.
If this is customary in your office, then you can even set a “departure” (to set the table - this is a transcript for the dull).
Don’t tell everyone how good it will be for you, what prospects await you there.
Hell, worse than the current one, may well await you there, and such tales will irritate your colleagues and superiors.
Leave your work area clean.
Clean out your desk drawers, throw away all unnecessary papers, and take personal items with you.
Leave with a smile on your face and gratitude to the people with whom you worked side by side, and to the boss, thanks to whom you had money for your bread and butter.
Even if there is nothing special to thank for, make an effort.
The tips presented in the video below will also be useful.
Let's look and remember:
If you stick to these simple rules and avoid making common mistakes, you will never again feel ashamed of your actions as you did before when you didn’t know how to quit your job.
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