Dismissal from work without work. How to quit your job correctly? Labor Code: dismissal. Legal advice

Most employees hold on to their jobs, are afraid of losing it so as not to lose their livelihood, perform any duties that are assigned to them, and agree to overtime work for a small reward. There are many situations when dismissal is a lesser evil for a conscientious employee than continuing to work in the same position. It is important to understand how to quit your job correctly.

Difficult decision

Common reasons for leaving a job:

  • placement in a higher paying position;
  • impossibility of further career growth;
  • lack of opportunities for creative self-realization;
  • moving to another area;
  • identification of a disease that interferes with this work activity;
  • the need to care for sick relatives and look after small children;
  • serious and constant conflicts with colleagues and management.

It happens that an employee wants to quit because he has committed some violations. All of them need to be carefully analyzed, weigh all the pros and cons of the work, and then make a final decision. You can ask for advice from relatives and friends, and study special materials on this topic.

At your own request

This is termination employment contract at the initiative of the employee. The entire procedure is described in detail in the TC. A fixed-term employment contract is terminated earlier than the stipulated period if the agreement of the parties is reached. There are also civil contracts, the termination procedure of which is enshrined in them.

Procedure

It would be correct to start with a warning to the boss; it is preferable to do this 3 weeks before the date of the expected departure.

You should not quit your job:

  • when a serious audit is pending, an annual report;
  • there are unfinished projects;
  • when most employees are on vacation or have holidays ahead.

Efforts must be made to ensure that the information that you have decided to leave does not become the property of the team.

Application and terms of dismissal

The application process is described in the TC. It must be written (14 calendar days) before the date of termination of the employment contract. It is advisable to submit an application immediately after notifying the employer about leaving; it should include the reason and date of leaving; you can make a second copy for yourself. The application can be accepted by HR specialists and must be marked as accepted.

If the employer does not agree with the dismissal, then you will have to send a written application by registered mail to the company's address and attach a receipt of receipt to it. This method should be used only as a last resort.

There may be situations when labor relations ends before 14 days. The employee may leave within the period specified in the application:

  • in case of serious illness;
  • upon retirement;
  • upon admission to an educational institution;
  • when moving;
  • if violations of laws by the employer are recorded.

In these cases, the employee may be fired on the day the application is submitted. The boss and the employee can agree that the employee will leave the organization before the end of 2 weeks. A two-week period is set for the resigning employee to complete all work at the workplace, and the company management also begins to select a replacement.

Attempts to hold

When writing a statement, an employee does not have to state the reasons why he decided to leave this job.

For 2 weeks, the resigning employee must continue to work in the same amount as before, within the framework of the agreed job functions. He has no right to leave work early, refuse to do something, or engage in extraneous matters. working hours. All this can lead to termination of the employment contract under another article, which will spoil the further work history.

It is not uncommon for a boss to try to persuade an employee to stay. Such conversations can be supported by appropriate promises:

  • increase wages;
  • transfer to a more prestigious position;
  • change terms of reference;
  • send for retraining;
  • grant extraordinary leave.

Most bosses understand the termination of an employment contract at the initiative of employees. They make attempts to retain the quitter if he is valuable as a specialist. The employee himself needs to decide what answer options he will give to the manager.

To leave work correctly, you need to follow a number of recommendations. You need to take everything useful that was received here in later life. This applies to experience, skills, achievements, business and friendships. You shouldn’t tell everyone about your upcoming new job or describe the advantages over the old one.

If your boss is okay with your departure, then you should thank him for working together.

If your boss instructs you to familiarize the employee who will take your place with the specifics of the job, then you should not object. It is necessary to calmly and methodically bring him up to date, without giving characteristics to management and employees.

Calculations upon dismissal

On the last working day, the employee must receive all documents. The following payments must be made to the employee before dismissal:

  • wages for the period actually worked in the current month;
  • bonuses, benefits;
  • compensation for unused vacation.

On the last working day, the employee must be familiarized with the order that he is being fired; the order must be signed by the boss. In the personnel department, he must be given a work book, in which it is necessary to check the availability and accuracy of all records.

The procedure for leaving a job does not always go smoothly; personnel officers may not give work book. In this case, three days after dismissal, you can file a claim against the organization, and the work book can be sent to your home address. If this does not happen, then you can go to court or the prosecutor's office.

Withdrawal of application

A two-week period was given to the employee so that he would not rush to finally part with the organization. If he changes his mind, he has the right to remain working in his previous place. This can also happen under the influence of the boss’s arguments. This can be documented in different ways:

  • the employment contract continues to be valid;
  • a document is drawn up according to which the application for dismissal should be considered invalid.

Final stage

To complete your labor activity That’s right, on one of the last days at work it’s good to have a buffet or feast. You can not only treat your manager and colleagues to something tasty, but also say kind words to them.

It is necessary to leave about yourself good memory, because you may need to contact your previous job for recommendations for a new position. There are no exceptions to situations when an employee comes back to work at his old place after some time, so it is inappropriate to leave without saying goodbye.

Looking for a new job

You start searching new place within a period of 14 working days. This will distract from the quality performance of work duties and cause criticism from management. To protect yourself, you should do this without attracting the attention of colleagues and your manager: do not send your resume from corporate mail, do not conduct it in the office telephone conversations about employment.

There may come a time in anyone's life when they have to change jobs. How to resign correctly so as not to lose business connections and remain in excellent relations with the team and management? This question worries everyone. Reasons for accepting this important decision, very different, but the result is always the same - you don’t want to continue your career in this particular company in this position.

What could be the reason for dismissal?

  • Severe fatigue and emotional exhaustion, which undermines health.
  • Heavy workload and low pay.
  • High management demands with poor organization of the work process.
  • Uncomfortable emotional environment in the team.
  • Very advantageous offer about working from another company.
  • A balanced and deliberate decision about the need to change the field of work.
  • Family circumstances.
  • Lack of career growth and motivation for development.

The reasons why an employee decides to leave his job can be listed for a very long time. Almost all of them are the result of illiterate work of the company management and HR managers.

If the thought “I want to quit” does not leave you, it means that you feel very uncomfortable in your workplace. There are several ways to solve this problem. First, you should analyze the entire work process and understand what exactly is preventing you from developing fruitfully and benefiting the company.

Very often the decision to leave is made by an employee spontaneously, under the influence strong emotions. But later it becomes clear that it was wrong and the problem could be solved. Therefore, no matter what conflict occurs at your work, you should not throw your resignation letter on the manager’s desk in anger. Calm down and assess the situation correctly. Before you quit, you should think carefully about all the pros and cons that this job gives you. And if there are any possible changes that will help you not leave your place, then you should definitely work on them.

Are you short of salary or want to develop further? Be sure to discuss such points with your manager. It is quite possible that these issues will be resolved to your mutual satisfaction. You will have prospects, and the boss will not have to lose a qualified employee. But, under no circumstances use blackmail or issue ultimatums when talking with your manager. This behavior will not give a positive result.

If you are determined to leave, then before you quit this job, be sure to find a new one. Don't go into the unknown. Always remember, the greater the gap between jobs, the less valuable your value as a qualified employee becomes. When choosing a new job, do not advertise your decision to the company. You can always change your mind about leaving, but the negative opinion about you will remain. Disloyal employees are at the forefront of dismissal.

Once you have made a firm decision to leave, submit an application and have it signed by your supervisor. You will need to work another two weeks to get your files in order, turn them in, and get your receiver up to speed. But there are several cases when this can be done by employees undergoing admission to permanent employment. If your employment contract contains a three-month mark probationary period, and it has not yet ended, then you must be paid within three days from the date of filing your resignation. This also applies to all employees who are employed or who have entered into an employment contract with the employer for a period of up to 2 months.

If your manager refuses to let you go and does not want to sign the statement, you need to know how to quit in this case. The manager's signature is not really needed. Write the application in two copies and register it as incoming mail with the secretary, while keeping one copy for yourself. Be sure to write down the registration number and date. From this moment the countdown of 14 days began until the date of dismissal. Don't want to register in person? Send a notification letter via mail. All correspondence must be registered.

There are several other good reasons why you can pay off without additional work. These include:

  • Retirement.
  • Moving to a new place of residence in another city.
  • Conscription.
  • Enrolling you in educational institution for full-time care.
  • Sending a wife or husband to work abroad or to a new place of military service.

This list can be expanded, because it is not clearly defined. Therefore, the employer considers each case separately and decides whether the reason for dismissal is valid.

Whatever the reasons for dismissal, this event is almost always associated with stress. You need to leave correctly, without making enemies and creating a reputation for being a brawler. Observe business etiquette- it always pays off.

Quit your job? No problem. You wrote an application, took your work book - and you are free, like a bird, and your own master. But this is only if you are firmly convinced that you will not be left without income, you have money, your family does not hang on your wings, or your requests and needs are so modest that the absence does not frighten you. Otherwise, dismissal must be approached carefully.

They quit for various reasons: they leave for a higher salary or position, find a vacancy closer to home, did not work well with their boss, etc. Accordingly, they behave differently when quitting. Some finally tell their boss everything they think about him, others settle scores with annoying colleagues and loudly slam the door when leaving. Still others, on the contrary, have wet eyes due to parting with friendly team. Someone else cannot hide their joy at the dizzying prospects opening up. However, no matter what emotions overwhelm someone who intends to quit, they should not be openly shown. As the saying goes, “Don’t say hop until you’ve jumped over.”

1. Before burning bridges behind us, we need to know for sure that they are waiting for us in the new place

We can recall more than one case when a vacant position slipped away from under our very noses. The phone rang and a polite voice said: “We are very sorry, but circumstances have changed.” Receiving a refusal is always unpleasant, but it will be even worse if we have already rushed to quit or told about our plans “in secret to the whole world.”

Ask back? To imagine that we were rejected because someone’s relative took the vacant position? In any case, our pride will suffer, and especially impressionable natures will suffer. If no one knew anything, it will be easier to survive failure.

You shouldn’t let anyone in on your plans in advance also because new workplace, which we are so eager to get to, may interest someone from our environment. Thus, we will give a tip, and the person can use all his strength and connections to get ahead of us.

The boss, who hears rumors about our intention to quit, can also put a spoke in our wheels. Of course, he is unlikely to interfere if we worked carelessly. But if we are a valuable employee for whom he had his sights, who knows whether he will not interfere in the course of events. Or maybe he will give unflattering recommendations, fire you inappropriately at will, and, having found fault with something, also according to the article.

So, you should take any steps towards dismissal only after all the details have been discussed with the new employer, a date for starting work has been agreed upon, and the relevant documents have been signed. But everything is ready, and now you can

2. Notify your boss

Our task is to part with our boss on good terms, no matter how we really feel about him. After all, the professional circle is quite close, especially in small towns, so the reputation of a brawler, a quarrelsome and unbalanced person is of no use to us. Most employers prefer to hire non-conflict people, even if they are inferior in competence and professionalism to others. Knowledge and experience are acquired, but “a black sheep spoils the whole flock.”

It is best if the conversation about dismissal goes one-on-one. Bye . And it is unknown how the conversation will turn out. It depends on the relationships in the team, on the current work situation, and on our personal relationships.

Of course, a question will follow about the reasons for the dismissal (the option that the boss signs the application without looking is not ours). On the one hand, you can’t tell him that his management methods are not credible, there are no prospects, there is no money, and in general “fish look for where it’s deeper, but man looks for where it’s better.” On the other hand, in order to avoid an awkward situation, you need to answer sincerely, because we are not a professional liar who will not betray himself in any way.

Therefore, let’s think about a diplomatic answer to this question in advance. For example, we received a serious offer that we have always dreamed of, there is an opportunity for career growth, new office not far from home, etc. Finally, it is worth noting that we were glad to work under his leadership and thank him for the experience gained.

You need to be prepared for the possibility that the boss, not wanting to let go good employee, will offer a salary increase, new position, a change in work schedule or something else that can interest and retain. Such an employer's counteroffer with better and more favorable conditions labor in response to an employee’s intention to quit is called a counteroffer. True, upon dismissal, a minority of workers who want to quit receive it. As a rule, these are those for whom it is difficult to find a replacement. In addition, practice shows that not all employers keep their promises in the future.

Would we agree to such a proposal? According to statistics, young people still prefer not to cheat the decision taken, and those over 35–40 agree.

Of course, the boss may decide that by announcing the dismissal, we are trying to negotiate a higher salary or position, but nothing can be done about it.

3. We warn you two weeks in advance.

This period is needed in order to find a replacement and to new employee managed to get into the swing of things. With the consent of the employer, the period of 14 days may well be reduced. If you know that it is difficult to find a replacement, it is better to notify your superiors earlier than two weeks in order to avoid possible complaints, tears and misunderstandings.

The boss may say that he will not sign the letter of resignation until he finds a suitable new employee, in his opinion. There is no need to argue with him. You can go the other way - follow all the formalities and leave a statement in the office with a request to forward it to the manager. Another way is to send the application by registered mail with acknowledgment of delivery to the addressee, that is, to the boss. The date of delivery of the letter of application, which will be indicated in the notification, will be the starting date of the 14-day period. At the end of it, we go for the work book and the calculation. Don't forget about compensation for days unused vacation. We can take it not with money, but with days - arrange a vacation with further dismissal. The last day of vacation will be the last day of work at this workplace.

Of course, in this case you will have to be patient a little, because the boss will probably be offended and begin to pester you with nagging. And if it becomes absolutely unbearable, the alternative is to “get sick” and go on sick leave.

And one more thing you should know: before the expiration of the 2-week period after submitting the application, you can pick it up. It happens that circumstances change and the issue of dismissal becomes irrelevant.

4. Say goodbye beautifully

And now my colleagues are aware that we will soon say goodbye to them. It would seem that we can relax and allow ourselves to be a little late, to be lazy, to play the fool, to leave work early, because mentally we are already in a new workplace, in a different team.

As Omar Khayyam wrote: “Don’t do evil - it will come back like a boomerang, Don’t spit in the well - you will drink the water...”.

There is an opinion that in any conversation the last phrase is remembered: “It is important how to enter the desired conversation, but it is even more important to exit it correctly,” said one intelligence officer. In the same way, it will be right to leave in order to preserve warm memories of yourself. So:

  1. We will finish our area of ​​work without leaving employees with “tails” and without forcing them to clear away the rubble.
  2. We will help the employee who replaced us to quickly get involved in work.
  3. Let’s thank our colleagues for their cooperation – if it doesn’t work out in person, then by email.
  4. We observe farewell traditions (treats in the form of tea, coffee, sandwiches, sweets).

Life is unpredictable, and circumstances at work can change at any moment: relationships in the team will deteriorate greatly, a more profitable prospect will arise in another place, a need will arise, etc.

The question of how to quit voluntarily can arise even for a person who used to really love his job. Therefore, today the women’s website “Beautiful and Successful” addressed this issue to help its readers avoid unnecessary problems and difficulties when the said situation arises.

How to resign of your own free will

Some may think that there can be no problems with dismissal at all. What's so difficult about this? New job much harder to find. But in reality, everything is not so simple.

It can be especially problematic to quit if for some reason it is not profitable for management. In such a situation, the employer will not agree to fire the employee, and the employee will have difficulties.

Therefore, everyone should know the procedure for voluntarily leaving work, just in case.

The procedure consists of three stages:

  1. Writing an application. This is a key point, since an order is drawn up on its basis. It is written in free form with the obligatory use of the phrase “I ask you to fire me at your own request” or “I ask you to terminate your employment contract with me.” The application can be given personally to the employer or sent by mail. Lawyers recommend writing this document by hand in two copies and submitting both to the HR department at once. The employer will keep one of them, and make a corresponding note on the second. The site draws your attention to the following: you should notify your employer of your desire to resign no later than 14 days before the expected date of leaving work.
  2. Drawing up an order. Its registration, in accordance with the Labor Code, is carried out by the employer.
  3. Making a record of the employee’s dismissal at his own request in his work book. It is made by the employer after the resigning employee reads the order and signs the notice. Then the work book is handed over to you former employee, and he gains complete freedom.

Quitting your job voluntarily can be problematic if you need to do it urgently, in the coming days.

How to quit your job voluntarily without working time

The law requires an employee who wishes to resign to work for 14 days after submitting the relevant application. It should be taken into account that the countdown will begin from the day on which the application was accepted.

For some time after its writing, the employee remains an employee of the organization, so he needs to properly fulfill his duties and observe labor discipline.

Urgent dismissal may be necessary when the opportunity to change jobs suddenly arises, and the new employer cannot wait long. You can leave the organization without working in the following cases:

  1. By agreement of the parties, if the company does not need the services of the resigning specialist.
  2. In cases where the employer grossly violated the rights of the resigning employee.
  3. If the employee is unable to work the required period due to the need for an urgent move, for health reasons, or for some other valid reason, which he can confirm with the appropriate document.

Working off is guaranteed to be avoided only in the first case. In the other two, the right to urgently quit will have to be challenged in court. In order not to stay in a position for the time required by law, the resignation letter should be formulated accordingly: “I ask you to dismiss me of my own free will without working out...”

One way or another, if your boss doesn’t want to fire you right away, you shouldn’t defiantly ignore his decision and skip the job: it’s better to quit of your own free will after a certain period of time than to be fired under an article for violating labor regulations.

There will be no need for additional work when the period of waiting for dismissal coincides with vacation or sick leave. According to the law, an employee on vacation has the right to submit a letter of resignation to the human resources department and receive a payment within the required time frame.

By the way, speaking about how to quit your job at your own request, it should be noted that when leaving the organization, each employee has the right to receive a salary, compensation for vacation, as well as other payments provided for in the contract. That is why it is very important to properly formalize the dismissal so that the employer does not have the opportunity to evade everyone due payments or keep an employee in the organization for extra time.

Some subtleties of voluntary dismissal

Any more or less enlightened person knows about the need to write a statement when voluntarily leaving a position. But even such a seemingly simple document is not so easy to draw up. Here you need to remember the following points:

  • It would be correct to indicate the date of the last working day without the preposition “from”.
  • You must sign your name. Without it, the document will not be valid.

When giving advice on how best to resign of your own free will, lawyers focus on the following nuances:

  1. To win in terms of the duration of work, it is recommended to write an application on the eve of the holidays. By law, a resigning employee must work 14 calendar days, not working days. If the last days of work fall on holidays, it will be possible to receive a work book in your hands a little bit before that one the date on which the application was submitted.
  2. It will be easier to leave your position of your own free will without working time if you write a statement before leaving. Then, upon completion, it will no longer be necessary.
  3. Only those who work under an employment contract for an indefinite period have the opportunity to resign at their own request. In other cases, dismissal is only possible by agreement of the parties.
  4. If an employer requires an employee to resign of his own free will, and he does not want to vacate his position, he has the right not to write a statement. However, entering into disputes or litigation with an organization, as they say, is more expensive for yourself. It would be much wiser to try to come to an agreement with your boss and get the maximum benefit from this dismissal. If your boss requires you to write a letter of resignation at the same time as an application for employment, it is better not to start cooperating with him at all.

Quitting correctly is actually not that difficult if the HR department employs competent specialists, and the company itself values ​​its reputation. This usually happens in reputable organizations with large staff. These are the types of companies you should strive to get a job in.

It is very rare to meet a person who could work in one job all his life. As practice shows, people often change jobs due to various circumstances. There can be many reasons: the relationship with management didn’t work out, the team didn’t accept you, the salary stopped making you happy, you don’t see any prospects for development, or maybe you just found a new one high paying job. And, it seems, everything seems simple - inform your boss, write a correct resignation letter, get a payment, and hello new life. But this is precisely what scares me the most. We’ll look at how to properly quit your job of your own free will in 2019 and not feel awkward at the same time in this article.

At your own request

For yourself, you must understand the main thing that the law is on your side and you are not committing a crime when you quit your job. You must act correctly and according to the rules. First and most importantly, you need to inform your boss two weeks in advance about your decision to quit. You can familiarize yourself with this law in Article 80 of Chapter 13 of the Labor Code of the Russian Federation. By the way, Chapter 13 is entirely devoted to issues of dismissal. Be sure to talk personally with your boss and explain why you want to resign of your own free will. Of course, it is better to correctly and accurately explain the reason for your leaving. It will be right. There is no need to forget that the earth is round and negative statements can have a negative impact on you in the future.

There is no need to send your resignation letter to your boss by mail, and it is very important that your boss is the first to know about your decision to leave, and not through rumors from colleagues. Next, you will need to write an application in the prescribed form. The document must indicate the reason and date of dismissal. The date will be your last working day and only the next day you will be free. This application must be signed by the supervisor and dated. Then, on the last day of work, you will receive a work book and pay slips.

Payment must be made for all days worked at work, as well as cash for unused vacation.

You should also know that if you decide not to quit within 2 weeks, you have the right to withdraw your application. Dismissal may not occur if a new employee is not invited to take your place in writing. If the dismissal document has expired and you decide to remain at your job, then the employment contract continues to be in force.

Without working off

Believe me, you can quit without working. As it turns out, this is not a myth. Initially, you can communicate directly with your boss and come to a common agreement. Dismissal will occur by agreement of the parties. Termination of an employment contract can take 2 days or 5 days, it all depends on the initiative of the parties. You can familiarize yourself with this law in Article 78 of Chapter 13 of the Labor Code of the Russian Federation. You can also quit without working a two-week period if:

  1. The application was written at my own request before going on vacation. And the two-week period will be counted as work.
  2. You are on maternity leave and have decided to quit without leaving this leave. So there is no need to work it out.
  3. You are on sick leave, there is no work done. Sick days are counted toward the two-week period.

If a force majeure event occurs, a child or relative falls ill, dismissal may be considered without work. But of course, in agreement with the authorities. If you suddenly receive a refusal, you have the right to go to court and appeal the decision of your superiors.

Also good reasons in order not to work out can serve:

  • moving to another city;
  • enrollment in studies (full-time);
  • caring for sick relatives, disabled people, young children;
  • your health condition does not allow you to work in this position.

When retiring, an employee, according to the Labor Code of the Russian Federation, is the same employee as everyone else. He has all the same rights as before. But having received pensioner status, he had small advantages. First and most importantly, a pensioner can resign of his own free will without notifying his superiors 2 weeks in advance. He must write a statement and simply indicate the date of his last working day, which he considers necessary. In order to properly resign from a job, the application must indicate the reason - retirement. If this reason is not indicated, then work is required.

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A pensioner can be dismissed for production and organizational reasons if he cannot fulfill his job duties related to age-related feature. In this case, he may be offered a transfer to easier working conditions, but only with the consent of the employee himself in writing.


If there is a reduction in staff, then the pensioner must be offered to move to another position, but at the same time maintain his salary level. Management must notify him, like all other employees, in writing. But, in this case, he will retain the right not to work for 2 weeks.

Before vacation

First, you need to determine how many days of vacation that you have not yet taken off are in stock. An employee is legally entitled to 28 days a year. The first rest is provided after six months of work. Once you know the number of days you have, you can decide what to do. If there are less than 14 of them, then you definitely need to inform your boss about the decision to quit in advance, before going on vacation. This will be right on your part, otherwise you will need to work off the days that remain.

The manager may not send you on vacation if it is not included in the vacation schedule drawn up for the current year. Then you will simply receive a cash refund for unused vacation days. If you are still entitled to rest and you have written an application, then the last day of vacation will be your day of dismissal. You will receive a work book, it will indicate the date last day your vacation.