The reasons for termination of cooperation can be different: a move to a better paid organization or an unwillingness to work under the proposed conditions. Many people are interested: is it possible to quit “without working for two weeks”? The answer to this question depends on the situation.
Legal side
The wording “working for two weeks” is incorrect. According to Art. 80 of the Labor Code of the Russian Federation, it is necessary to notify the director about the termination of cooperation. We are talking about a notice period, not additional responsibilities. Since the name is common, we will continue to conventionally call this period “working off”.
By general rules dismissal “without working for two weeks” is impossible: first, a written statement is provided indicating the basis and reference to the legal acts, then the management has 14 days to complete the calculations and search for a candidate (calculation starts from the next day). But in practice you can bypass this formality.
How to leave “without working 2 weeks”: possible options
If an employee intends to leave the organization as soon as possible, he must comply with management requirements. There are several ways to safely solve the problem:
- Agree with the director of the enterprise.
- Indicate in the application the reason for dismissal “without work”, provided for by the Labor Code of the Russian Federation.
- Arrange for leave with termination of cooperation in the future.
- Have documentary evidence of violations of rights by management.
- Apply for sick leave with further dismissal (supporting documents will be required).
Is it possible to be fired “without service” by mutual agreement?
This method is considered the simplest and most convenient for all interested parties. When established good relationship with management or there is no need for a delay, by mutual agreement you can dismiss “without working off” even on the day the application is submitted.
Remember: if the employer agreed to part with a subordinate prematurely, the grounds for dismissal remain. That is, the wording “at the initiative of the employee” does not turn into “by agreement of the parties.”
For what reasons can you quit without working?
Individuals who have signed a contract for two months or are undergoing probation, has the right to inform his superiors of his intentions three days in advance. The Labor Code of the Russian Federation regulates valid reasons for which immediate termination of cooperation is possible. They are undeniable; management’s opinion is not taken into account. Under what conditions can you quit your job “without working for two weeks”:
- Full-time enrollment in an institute, college or university.
- A student employee switches to full-time education (from evening or part-time).
- The employee's spouse applies for employment outside the Russian Federation (by transfer from the organization).
Who else has the right to quit “without working for two weeks”
An individual may leave workplace without observing the notice period in three cases:
- raising a child with disabilities;
- is a conscript into the army;
- plans to move to another area.
Dismissal “without service” by agreement of the parties
The initiator can be a boss or an employee. It is worth noting that the grounds for dismissal are not related to the agreement on the immediate termination of cooperation under clause 3 of Art. 77 Labor Code of the Russian Federation.
The legislation does not contain information on whether it is possible to quit “without working 2 weeks” by agreement of the parties. Since termination is possible at any time (Article 77 of the Labor Code of the Russian Federation), with the consent of the employer and employee it is possible to terminate the relationship on the day the application is submitted. There is no need to prepare a separate written document.
Can a pensioner resign “without service”?
Some people continue to work after retirement. They are subject to requirements similar to ordinary employees (working conditions, payment procedures, etc.). But there are still some privileges:
- According to part two of Art. 80 of the Labor Code, dismissal of a pensioner “without service” is allowed.
- Such citizens are considered valuable personnel due to their wealth of experience and knowledge, so in the event of layoffs they have a greater chance of staying.
In practice, the dismissal of a pensioner due to at will“without work” usually occurs on the date indicated in the application. The Labor Code does not establish time limits, but the director of the company cannot detain such workers (many court decisions confirm this).
How to resign as a pensioner “without working off”
The government often considers increasing the retirement age, since many continue to work. The enterprise is also not interested in the loss of able-bodied people who have valuable experience and knowledge. Dismissal of a pensioner at his own request “without service” is possible if two conditions are met:
- a well-written application;
- availability of supporting documents.
The formality applies to situations where a person has worked at an enterprise for a certain time and has reached retirement age. But the question arises, what to do if work activity continued after retirement? How can a working pensioner resign “without working hours”?
The legislation does not provide specific answers, so in practice controversial situations arise. Bailiffs often defend the position of workers. To avoid conflicts, we recommend that management grant the request and formalize the dismissal of the pensioner “without service.”
Attention
When a pensioner gets a job in your organization and, after working for a certain time, submits a letter of resignation of his own free will, the procedure for terminating cooperation does not differ from the usual one. Premature departure is not possible.
How to resign of your own free will “without working off”
For example, a conflict arose between the parties. The employee filed an application to terminate the employment relationship on the basis of clause 3 of Art. 77 of the Labor Code of the Russian Federation and left the enterprise. In this case, the director has the right to formalize dismissal for absenteeism. The employee should know that neglect of deadlines is possible only if the rules for dismissal at his own request “without working off” are observed.
A two-week period is given not only for the director, but also for the worker to think carefully about the decision. You can withdraw your application at any time and continue your activities under the same conditions. But if you want to leave the organization immediately, the employee must:
- Indicate in the application at your own request a request to be dismissed “without service.”
- Inform why it is not possible to work the allotted time.
Important to know
If during the notice period management hired a new candidate and signed an employment contract, the fired person can no longer return.
How to write a letter of resignation “without working for two weeks”
Any employee of the enterprise has the right to draw up the document in question. A standard A4 sheet is suitable for this. If the design is done manually, the main requirement for handwriting is legibility and accuracy. Corrections are not allowed. A sample application for dismissal “without service” in printed form is presented in the figure:
Structure:
- header – details of the enterprise and personal data of interested parties are noted;
- center of the page - “Statement” is written;
- the main part is a request and a link to the legal acts;
- conclusion – date of preparation and signature.
The employee is recommended to note the reasons for dismissal at his own request “without working off”, which are given in Art. 80 Labor Code of the Russian Federation. They give the right to leave the workplace immediately (discussed in subheadings 4 and 5 of our consultation). At the same time, different interpretations of situations not regulated by the law will be prevented.
Controversial cases of dismissal “without work”
- Accountant N.V. Krylova is on sick leave, after which she plans to resign. The necessary documents have been completed. Is additional work required upon the employee’s return?
Solution: The notice period counts towards sick days and is therefore not required. - Sales Manager K.P. Petrov, who works at TorgSet CJSC, wants to go on his main vacation and stop labor relations. Is it possible for him to resign on vacation “without working hours”?
Solution: Yes. K.P. Petrov must write to the general director of TorgSet CJSC an application for leave with subsequent dismissal. To avoid controversial situations, please indicate the date of compilation. - Driver shopping center"Crystal" submitted an application for vacation from 02/06/2018 to 03/06/2018. A week later, he decided to get a job at another company. Is it possible to quit after a vacation “without working hours”?
Solution: There are no obstacles here: the employee submits an application with a request to be dismissed on the basis of clause 3 of Art. 77 of the Labor Code of the Russian Federation 14 days before the end of the vacation. As a result, the individual will not need to return to work, and management will be able to find a suitable candidate.
Frequently Asked Questions
- Is it possible for a working retiree who is responsible for accountable values to resign from work before the expiration of the notice period?
Answer: Verification and transfer of material assets may take several days. Therefore, it is sometimes difficult to part with an employee in short term. - Will I be able to resign “without working hours” if the contract has already been terminated due to retirement in another company?
Answer: When an employee resigns from one organization due to retirement, and subsequently gets a job in another, the privileges of part two of Art. 80 of the Labor Code of the Russian Federation lose force. - Do I have the right to resign “without work” if the manager does not comply with labor rights?
Answer: In cases of violation of the Labor Code of the Russian Federation, local and other regulations, it is possible to terminate cooperation before the expiration of the warning period. Condition – the fact of violation was recorded by regulatory authorities.
IN labor activity There comes a time for every employee when he thinks about changing his job. It will not be possible to quickly switch to work for some other organization. The thing is that, on the basis of the current Labor Code of the Russian Federation, the employee is obliged to work at his previous place of work for another 2 weeks after he wrote a letter of resignation. Practice has shown that not all workers have the desire to work these weeks. We will tell you how to quickly quit your job in this article.
Possible options for dismissal without work
Firstly, if the company is small and the employee has a good relationship with the manager, then it is worth trying to negotiate with him about dismissal without working the required period. According to the law, the director of an organization can dismiss his employee without working off. In such a situation, with a signed resignation letter, the employee has the right not to work from the next day. We remind you that such an outcome of events is possible only with the mutual consent of the parties.
What to do in a situation when the boss does not meet the employee halfway? There is a way out if an employee has a certain life situation, which he needs to indicate in his application.
An employer, on completely legal grounds, can request that his employee provide him with specific certificates and documents in order to verify the authenticity and reliability of the reason given by him for sudden dismissal from work.
The employee is also required to indicate the time frame for termination of employment in his written resignation letter. Failure to comply with an employee's request to terminate his or her employment may be challenged in court.
Extreme life reasons
Upon admission to educational institutions to receive higher education the employee can immediately leave the place of work by presenting the appropriate reference confirmation from the given educational institution. The next category of workers who have the right to leave their place of work and not work the required period are persons of retirement age. There are also situations when an employer illegally uses his official position, exceeds his authority, or his actions do not comply with the Labor Code of the Russian Federation, as a result of which the basic labor law is violated. Only in this case, the employee should keep in mind that he will need to prove all violations of his employer.
In the 80th century. The Labor Code of the Russian Federation identifies all points with possible violations of employers in relation to their employees, and also considers the issue of dismissing employees for good reasons within the time frame specified by them.
There is not yet a detailed list of valid grounds in the country’s labor regulations, and controversial cases of this kind are considered based on the by-laws.
Other life circumstances
When considering various options for dismissal, an employee wonders whether there are options to leave the workplace without working the legally required period, due to personal life or for family reasons. Employees also have this opportunity on completely legal grounds, but for this, as with the main reasons, they need to provide appropriate confirmation.
Action employment contract may be terminated for the following reasons:
- Moving to permanent residence in another region.
- A business trip of one of the spouses to another region or to another country where housing has been allocated for his family.
- The person does not feel well in the area where he works, and for this reason cannot professionally perform his job duties.
- A pregnant woman, as well as the mother of a child under 14 years of age, have the right to terminate the employment contract at any time,
If there are 3 or more children in a family who are studying in general education institutions or are students who have not yet turned 16/18 years old, one of the parents may quit their job and not work the required term.
According to the law, citizens who care for sick family members or a disabled person of the 1st group can quickly resign if they present the necessary medical certificates.
Collision of domestic labor legislation It can also be considered that it does not indicate anywhere that the employee, having notified his superiors of his desire to leave work, is obliged to continue working for some time. In order to resign according to the law, you need to inform your superiors about this before going on sick leave, or when it is opened. In this situation, you need to write a statement of your own free will and address it to your management. Then you need to go to the hospital to get a sick leave. In this case, the employee does not have to work within the time period indicated in his medical certificate, and after a 2-week period from the date on which the written request was submitted, he must be returned his work book and fully paid.
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 bad effect 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:
- The application was written at my own request before going on vacation. And the two-week period will be counted as work.
- You are on maternity leave and have decided to quit without leaving this leave. So there is no need to work it out.
- 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.
The following may also serve as valid reasons not to work out:
- 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.
You might be interested in: Instructions for writing a resume for employment
A pensioner can be dismissed for production and organizational reasons if he cannot perform 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.
Employees usually start thinking about changing jobs when their salaries are low or there is no career growth. But it's not the only reasons to change priorities. With the help of experts, we identified 10 signs indicating that it is time to change something in life.
Sign #1: Always a hard Monday
If you wake up every day with the thought that you don’t want to go to work, are looking for another reason not to go to the office, or are systematically late, then you should think about whether you need to force yourself to do something that is so unpleasant for you. Evaluate subjective (your personal attitude) and objective factors (the atmosphere in the team, with management, salary, distance of the company from home), and only then make a decision about dismissal.
When you “adjust” the clock hands with your eyes and are at a “low start” already an hour before the end of the working day, then it’s time to do something more interesting.
Inna Igolkina, general manager training company Timesaver: “If the thought of work makes you feel bad, it means something is wrong with you and your work. There is such a thing as “psychological burnout.” Even the most beloved job can become “hard labor” over time. For example, a teacher starts yelling at students, a doctor hates patients, a driver gets annoyed by pedestrians and passengers, etc.”
Sign #2: Feelings of worthlessness
Those who do not see the meaning in their work, do not believe that they are useful, but count the days from salary to advance payment and dream of vacation, are unlikely to feel comfortable in the company. If the position pays well and you have taken out a mortgage, then it may be worth postponing your dismissal. But a lack of motivation and understanding of one’s own importance are sure signs that the time has come to look for another way to make money.
Tehkhi Polonskaya, general director of the Brusnika marketing agency: “How do you understand that your relationship with work has exhausted itself, and it’s time to think about a separate future? You will feel it by the lack of interest. Everything that inspired you, everything that you liked, tasks that seemed interesting - all this will begin to cause boredom and melancholy. Even the salary and additional bonuses will no longer seem so tempting.”
Sign #3: You all piss me off!
Increased irritability during the working day, constant breakdowns out of nowhere, gossip, conflicts with colleagues - all this disrupts the psychological balance and forces one to refuse cooperation with the employer. A person can get turned on by little things: one left a mug on the table in the common kitchen, another uses too sweet eau de toilette, and a third constantly sniffles. If you increasingly notice this happening to you, it’s time to take a time out. It’s time to think about a change in activity, and if you are categorically dissatisfied with the order and rules in the company, you are not ready to put up with them.
Sign #4: Turtle Shell
Constant isolation of yourself from the team, refusal to contact even those employees with whom you see more than once a day, indifference, formal communication at the “hello-goodbye” level, reluctance to attend corporate holidays and events - all this indicates that You shouldn't take this job. Find something interesting for yourself, where you will be comfortable in any environment, and the people around you will be sympathetic.
Elena Lyzlova, obstetrician-gynecologist, Perm State Medical University named after. Sechenov: “The result of misunderstanding with superiors, fear of making a mistake, being called out on the carpet or humiliation in front of colleagues at a meeting is emotional overstrain, nervous exhaustion, and depression. A person retreats into a “turtle shell,” hides, withdraws when danger approaches.”
Sign #5: Intellectual deadlock
New knowledge and the opportunity to develop make the work richer, and bring satisfaction and a lot of impressions to the person. If you haven’t been sent to training for a long time, the company is not engaged in developing the potential of employees, but weekdays similar as two peas in a pod, then think about whether it’s worth wasting your time here. Try to find the reason for boredom and monotony. Perhaps talking to your superiors will lead to another position where you will have to train to be effective.
Sign #6: Too easy
The feeling that the duties you perform are too simple, you cope with them quickly and easily, and the rest of the time you try to occupy yourself with something - a “symptom” of the need for change. If you feel that you have outgrown yourself as a specialist, and your bosses are in no hurry to promote you, this is a sign that it’s time to stop going to work, find another one, or start your own business.
Elena Lyzlova: “A person adapts to new working conditions, company and position in three months. At the beginning of the career path, integration into the work process occurs. After this period, labor productivity first increases, and the time allocated for work becomes nothing to fill. It becomes too easy to work, and efficiency decreases.”
Sign #7: No career growth
Lack of promotion career ladder For some employees it becomes a blow to their pride, others are forced to complain about low salaries and count money in someone else’s pocket, and others are completely driven into a corner as professionals in their field. Before writing a resignation letter, it will be useful to evaluate at least a couple of factors. Look at who in the company is getting promoted, whether there are opportunities for career growth in the organization, or whether employees move from position to position, but within the line personnel.
Ksenia Mamonova, freelance copywriter: “Work not only to earn money, but also for successful growth. My previous job did not involve career growth. And I was not warned about this during the hiring process. When I found out about this, I got the impression that something was always left out to me. Then a constant increase in duties began, for which there were no corresponding additional payments. This state of affairs became very annoying, constant stress appeared. At the same time, the work was monotonous, paper-based and constantly growing in quantity and degree of responsibility. It turned out that I was like a robot: I was doing a lot of work, but there was no professional development or salary increase.”
Sign #8: Not what it used to be
Look at your old photos and at your reflection in the mirror. Have you noticed that your appearance has changed, and not in better side: paleness, bags or dark circles under the eyes, stretched skin, overweight or lack of it, dull hair, brittle nails. If you look worse, then the chosen job is not suitable for you.
Sign #9: Irresponsibility
No fear of punishment, reprimand, deprivation of bonuses, violation labor discipline, tardiness and absenteeism indicate that you are not holding on to your job. At the same time, you don’t even think that your actions (or inaction) can let your colleagues down and slow down the work process. A disregard for responsibilities is a sure sign that it’s time to look for someone else or open your own business, where you yourself will set the rules.
Tehkhi Polonskaya: “A tired mind will invite you to be distracted by something, preventing you from concentrating. Naturally, at this moment productivity begins to decline. Colleagues, clients and managers notice this, which causes negative reaction, and takes away last strength. In the future, if these symptoms go unchecked, there is a chance that you will start getting sick every now and then. Constant migraines, neuroses, unexpected falls on ice are not coincidences. You’re burned out, and your body is trying to give you some kind of respite.”
Sign #10: Ready to move
You feel that you are ready to hit the road - you have found something you like and want to make it profitable business. You already have a whole bunch of ideas about this. If you feel that you are ready to launch your own project, to spend enough effort, time, and money on it, then this is a sure sign that you don’t need to go to work, which now occupies an important place in your life.
Inna Igolkina: “If you don’t want to work for hire and want to do your own thing, that’s great. It is important that this new activity does not take up too much of your time and brings in adequate income. Unfortunately, people are often not ready to take responsibility for their own own life. Nowadays there are a lot of jobs that can be done remotely and still earn decent money. You can master them and start working part-time in free time. If you are convinced that you are doing well and that you are able to earn enough to support yourself, then you can start thinking about leaving the office for good and working for yourself. Otherwise, a situation may occur when you go “nowhere,” and this only makes things worse.
If you feel like you're missing something, start by own business (starting capital, knowledge, etc.) - think about where you can get it. You can find co-founders, partners, or a way to start from scratch (in some areas this is possible). Sometimes fears serve a positive purpose - they protect us from possible problems, which we are not yet able to cope with. Therefore, you should not treat your own fears as something unambiguously bad. You need to soberly weigh all the pros and cons and then make a decision - stay at your current job, find a new one, or start your own business.”
Every second or third person faces the problem of being fired. The reasons may be different, but there are several rules of moral and ethical content that must be observed. From a legislative point of view, there are also nuances, after studying which a whole series of problems can be avoided. negative consequences. How to quit your job correctly so as not to harm your own career and remain in good standing with your former employer?
Difficult decision
Most people try to create a microclimate that is favorable for themselves and those around them in the workplace; the quality of work of the entire team depends on this. Friendly relationships are established with colleagues and adequate relationships with management. But there comes a time when a responsible and difficult decision is made to leave the familiar environment. This may be due to one or more reasons:
- Obtaining a more financially advantageous offer.
- Prospects for career and professional growth in another place of work.
- Change of residence.
- Conflict with the manager.
- Illness or caring for a disabled family member.
- Inability to maintain working relationships with one or more co-workers, etc.
Everyone has a good reason and a number of problems that force a person to change jobs. But you also need to leave correctly; unnecessary emotions, especially negative ones, will not help avoid negative consequences. First of all, you need to calm down and remember legal side the issue of the rights and obligations of the employee, which are regulated by the Labor Code. The dismissal of an employee must meet all his requirements. Let's talk about everything in order.
Dismissal at your own request
A difficult decision has been made, we are preparing to complete the procedure correctly and competently. Article 80 of the Labor Code of the Russian Federation is devoted specifically to the procedure for terminating a previously concluded employment contract with an employing organization at the initiative of an employee. The main provisions of this law are as follows.
- Each employee has the right to terminate the contract with the employer on his own initiative by notifying the management of the enterprise in writing.
- The resignation letter is submitted to the head of the unit for review two weeks before the termination date of the contract. Within 14 days, the employee is obliged to perform his duties as usual (according to job description) and go to work every day.
- By agreement between the employee and the head of the enterprise, the notice period for dismissal can be reduced, i.e. you can work for more than 14 days, the number depends on agreement.
- Dismissal of an employee on the day the application is submitted can be made if it is impossible to continue working (illness, admission to educational institution, violation by the employer of the Labor Code of the Russian Federation or other regulations, retirement age, disability, urgent relocation and other circumstances specified in the application).
- After submitting the application, the previously concluded employment contract must be terminated on the 14th day. During this time, the employee has the right to pick it up, in which case the agreement continues to be valid. But if a corresponding order is issued, and another employee is invited to this position, then there are no grounds for refusing to hire a new employee.
- After the expiration of the statutory notice period (2 weeks), the employee has the right not to attend the workplace, even if the employer has not terminated the contract.
- On the last working day, the company is obliged to pay the employee the salary and all due compensation, and reflect the dismissal in the work book, which is issued on the same day.
- If the period allotted by law for notice of dismissal has expired, and the employee continues to go to work, and the employer has not issued an appropriate order, then the application may be considered cancelled.
Procedure
The Labor Code reduces dismissal to three main points.
- Submitting a letter of resignation.
- Completion of the warning period (at least 14 days from the date of application).
- Receipt of payment and work book by the employee (agreed with management, but no later than the last working day).
In real conditions it is possible various options developments of events that are based on the parties’ disagreement with any point. Employers often try to delay the work period if the employee is valuable to the company: they do not sign the application or say that they did not read it in a timely manner. Sometimes unpleasant situations arise with delays in settlement and receipt of necessary documents. On the part of the employee, the most common violation is failure to fulfill job duties and absence (without good reason) in the workplace after submitting an application, which is regarded by the employer as absenteeism. From the point of view Labor Code, this may entail dismissal under another article or sanctions (including fines) prescribed in the internal documents of the enterprise. In any case, all disagreements can be resolved through negotiations, which is what lawyers advise. If this is not possible, then each party can appeal to the courts. To avoid conflict situations, the employee and the employer must strictly follow the laws and not allow the opposite party to violate them. First of all, we write the resignation letter correctly. As shown judicial practice, large number mistakes are made by the employee himself.
Statement
Legislative acts do not have a clearly developed form of application for dismissal, so controversial situations often arise. Enterprises independently create unified forms that are used as a form. In most cases this type The document is written by hand and has standard content. How to quit your job correctly? Write a competent statement, and many lawyers advise doing this in duplicate and registering it as incoming document or put the signature of a familiar official indicating the date. The second copy remains with the employee and can be used in the event of a conflict situation. For example, if a document is lost or it is untimely provided by the head of a department to the director of the enterprise. Standard form The statement looks like this:
To the director of Neva LLC
Sidorov I. I.
From accountant Selezneva A. Yu.
Statement
I ask you to dismiss me from my position at my own request on July 14, 2011.
Selezneva A. Yu. (signature) 07/01/2011
This form is simple and informative, it indicates the expiration date of the warning period and clearly states the date for submitting the document. An employee can write a letter of resignation in advance (six months, three months), this is not prohibited by law, although this situation rarely occurs in practice. As judicial practice shows, most controversial situations can be avoided if the employee and employer clearly agree on their wishes in writing.
Terms of dismissal
From the moment of registration of the application, the legislation establishes a period (two weeks) of 14 days, after which the employee must receive a payment upon dismissal and a work book form with the corresponding entry. For many reasons former employee strives to reduce this time. The problem is easily solved if the parties (employee and employer) mutually agree. You can quit your job without working time by filling out an application accordingly or by signing a separate agreement. The resignation letter indicates the date of termination of the contract desired by the employee. If the manager signs it, the order is issued within the specified period. For the employee, the main task is to correctly justify the need for urgent dismissal and to have a person who can begin performing his duties in a short time. Objective reasons may include illness, emergency family circumstances etc. If the head of the enterprise does not agree with the employee’s arguments, then he will have to work out the full time required by Article 80 of the Labor Code of the Russian Federation. Therefore, the question of how to quickly quit a job is relevant for many workers, especially for those who are afraid of missing out on a more promising job that seems very attractive to them.
Calculations upon dismissal
After terminating the contract and signing the corresponding order, the employee must receive all required types of payment, and compensation is also paid. Upon dismissal, the accounting department makes an accrual wages based on time actually worked for the current month, regardless of the end date of work. As a rule, problems do not arise with this type of payment; the calculation is carried out in the standard mode. Most often, questions regarding accrual arise when issuing compensation for unused vacation. Upon dismissal, the calculation of this amount may cause controversy. Vacation pay is accrued to employees in accordance with Article 121 of the Labor Code of the Russian Federation annually, while many employees actually do not go on vacation at their own request or on the initiative of their immediate supervisor. Information about this payment is collected for the entire period of work, i.e. for each year, regardless of the fact of using vacation. Compensation upon dismissal is regulated by Article 127 of the Labor Code of the Russian Federation. If, due to the type of activity, an employee has the right to additional (extraordinary) leave, then his payment is regulated by internal regulatory documents enterprise and management decisions. For advance payments of vacation pay, this amount is deducted from the calculation. Other types of severance pay and compensation payments depend on the type of activity of the enterprise and the profession of the employee.
Withdrawal of application
Sometimes an employer, when negotiating with an employee regarding dismissal, due to the value of a specialist, tries to interest him more favorable conditions work and leave at the enterprise. This could be a salary increase, career growth or a more responsible area of work. At the same time, the remaining 14 days of work are left for the employee to carefully consider management’s proposal. The result is not always predictable, but most people, when thinking about the prospects for promotion and the fact that they can remain in their home team, most often withdraw the previously written application. This is usually done in two ways: either after the expiration of 14 days, the employment contract remains in force by agreement of the parties, or an official document is written to invalidate the resignation letter. There is no unified form of the document, so it can be written in free form. It is invested in the employee’s personal file, and the application for voluntary resignation loses legal force.
Leaving correctly
Regardless of the reason for leaving, the employee must behave very correctly and with dignity, leaving the best impression of himself both as a person and as a specialist. To do this, you need to follow several basic rules. You can’t go “nowhere”; you first need to find a place to work and go for an interview. If the future location is objectively more promising, then you can prepare the team for your departure. Some employers understand that an employee is looking for a new job because they cannot provide prospects for further growth and development. Although most managers and colleagues treat the one who submits a letter of resignation as a traitor.
Diplomacy
It is possible that bright job prospects in new position Your long-awaited position will remain a dream, so you should communicate very correctly with management. No one is immune from mistakes; what if you have to go back? When talking with the director, you must use maximum arguments and a minimum of emotions. The reason for leaving should be formulated in such a way as not to affect the person’s self-esteem. It is best to start the conversation with gratitude for the invaluable experience of working under his leadership. If you formulate your request correctly, you may be able to quit your job without working off. But at the same time, it is necessary to provide justification for the completion of all your current affairs. If the diplomatic approach gave a positive result, then you can ask for recommendations for a new place of work. And then you can even sit down to write the book “How to Quit Your Job the Right Way.” The basic rule: do not slam the door and shout about what a bad enterprise it is, even if the dismissal of an employee occurs on the initiative of the manager, you must at least “save face.”
Team
How to quit your job correctly so as not to cut off friendly ties and have the opportunity to return? The recipe is simple - be open and friendly. The work team is big family- if you explain correctly, they will understand and support you. Required condition upon dismissal is the delivery of all current projects, the completion of the work begun. It will be very good if an employee brings a qualified specialist to his place, whose training will not take much time. Then the work process will not suffer, which will greatly please the management of the enterprise and colleagues at work. After submitting the dismissal document and if it is signed by the director, it is necessary to notify all contractors with whom work and personal contacts have been established. This will help you not to lose useful connections and establish them if necessary, and it will also make the work of the person who will work with them in the future easier.
Final stage
After receiving the entire settlement amount and due compensation, do not forget to say a warm goodbye to your colleagues; a small tea party will leave pleasant memories. But in the holiday bustle it is necessary to collect everything necessary documents. Work book must contain a record of termination of the employment contract at the initiative of the employee, i.e. Art. 80 of the Labor Code of the Russian Federation. If you manage to get a letter of recommendation from management, it will be very useful both for the employee and for the image of the employer’s company. From the accounting department you must obtain a certificate in form 2-NDFL (income tax) for the last 6 months. It will be needed at the new place of work for calculation sick leave or vacation. Don’t try to take everything you’ve developed with you; your colleagues will be grateful if you leave the developed summary tables or indicator charts with them and teach them how to create the same ones themselves.