How to quit your job. How to quit your job voluntarily? Judicial resolution of controversial issues


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 more high salary or position, find a vacancy closer to home, do not work well with the boss, etc. Accordingly, they behave differently when leaving. 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 a 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 shown openly. 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 - valuable employee, for whom he had his own designs, 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 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 an application by registered mail with notification of delivery to the addressee, that is, 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 our colleagues know 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 us thank our colleagues for their cooperation - if it doesn’t work out in person, then by e-mail.
  4. We observe farewell traditions (treats in the form of tea, coffee, sandwiches, sweets).

You can quit:

  • at your own request;
  • by agreement of the parties;
  • at the initiative of the employer, for example, in connection with the liquidation of the organization, reduction in the number or staff of the organization’s employees.

2. How to resign of your own free will?

When resigning of your own free will, you must notify the employer of your intention no later than two weeks in advance. If he agrees, the employment contract can be terminated before this period expires. If you change your mind within these two weeks, you can withdraw your application at any time, and you, You can be fired, even if you change your mind, only if another person has already been invited in writing to take your place as a transfer from another employer.

">most likely they won’t fire you.

If you cannot continue working because you are retiring or have entered a university, or if the employer has violated labor laws, he is obliged to terminate the employment contract with you within the period that you yourself indicate in the application. IN You can resign three days after you submit your application if you:

  • resign during the probationary period;
  • you work under an employment contract concluded for a period of up to two months;
  • employed in seasonal work.
">in a number of cases, you can notify the employer of dismissal three days in advance, and You can resign one month after you submit your application if you:
  • resign from the position of head of the organization;
  • an athlete or coach and an employment contract has been concluded with you for a period of more than four months.
">sometimes One month's notice is required.

On the last working day, the employer is obliged to issue you a work book or provide

For voluntary dismissals you need to write a letter of resignation . Without such a document, termination employment contract for this reason it is illegal. It would seem that nothing could be simpler - resign voluntarily…. However, in practice a lot of questions and problems arise. For example, an employee wrote application for voluntary resignation starting tomorrow and does not go to work, believing that he should be fired as he indicated in the application. Or an application has been submitted, 2 weeks have passed, but the employment contract has not been terminated, there is no work book in hand, and the employer reports: “We have not seen your application.”

How to resign of your own free will correctly? What are the deadlines for voluntary dismissal? What to do if your application is not accepted? Is it possible not to go to work after submitting an application? Is it possible to quit on one day at your own request without working?

So you've decided to quit. To do this you need to write an application. You can’t attach an oral statement to an order, so we write it!

Sample application for voluntary resignation.

At LLC "..."

From (position, full name)

I ask you to terminate the employment contract and dismiss me at your own request on November 6, 2013.

10/22/2013 signature

What to look for in an application?

It is not necessary to indicate the name and position of the person to whom you are submitting the application. The employer is not the director or head of the human resources department, but a legal or individual, if you work for an individual, and you have an agreement with this person.

You can’t write “fire from…….”. The preposition “C” is not written in the statement, since its presence creates a double understanding: you want to stop working from this date onwards or you want this day to be your last working day.

You are required to notify the employer of your dismissal at least 2 weeks (14 days), so the date of dismissal must be indicated by counting down 14 days starting from the day following the day of application . In our example, the countdown starts from 10/23/13 and the 14th day falls on 11/6/13.

Be sure to indicate the filing date and sign. If you wrote an application on one day and submitted it on another, then the 14-day countdown will begin from the day following the day the employer received the application.

How to apply?

I advise you to keep a second copy. applications for voluntary resignation with a mark of acceptance, because there were cases when the employer later stated that the employee did not submit the application or required delivery material assets, otherwise he won’t fire you. This way you will have confirmation that the application was submitted and confirmation of the employer’s obligation to terminate the contract.

If the employer does not accept the application or refuses to mark its receipt, then the application for dismissal can be sent by telegram. In this case, ask the operator to verify your signature.

51. A telegram of the type “certified by a telecom operator” is accepted if the sender wishes to certify a fact confirmed by a document and (or) certify his signature contained in the telegram.

On the telegram form of the form “certified by the telecom operator”, official notes are made - extracts from the sender’s identity documents.

All certification entries made by the telecom operator are included in the text of the certified telegram.

Decree of the Government of the Russian Federation of April 15, 2005 N 222 “On approval of the Rules for the provision of telegraph communication services”

You can apply the same way if you are on vacation or sick.

What are the deadlines for voluntary dismissal?

Your employment contract must be terminated upon expiration of the notice period for dismissal, i.e. after 14 days, or on the day specified in the application if you submitted the application earlier.

You cannot skip the entire notice period. You are subject to all guarantees provided for by the Labor Code, as well as other regulations containing your responsibility. During this period, you may also be fired for absenteeism, for repeated failure to comply labor responsibilities, if these facts come to light.

Also you you may be on vacation and submit your resignation. After filing, you can continue to rest until your vacation ends. However, if the vacation is over and the 14 days of warning have not yet expired, then you need to go to work and work until the end of the period.

If you are sick, the period of incapacity for work does not interrupt the course of the period. You can be on sick leave, and on the 14th day you must be fired. How are they required to issue a work book in this case?

After notice period for dismissal You don’t have to go to work. If the employer did not fire you on the last day of the term and did not make a payment, then you can then demand compensation for the delay in the work record and interest for the delay in salary.

Also, during the period of notice of dismissal, you have the right to withdraw your application if you change your mind about quitting. This must also be done in writing and the fact of submitting the application must be recorded. In this case, the employment contract cannot be terminated. However, if another employee is invited to take your place, then they must accept him and fire you.

However, remember that this employee must be invited in writing as a transfer from another employer, the contract with which was terminated no more than a month ago. Employees invited in writing by way of transfer from another employer within a month from the date of dismissal are prohibited from refusing to hire.

Is it possible to quit on one day at your own request without working?

Such a concept as “working out” in labor code No. There is a notice of dismissal at least 2 weeks in advance.

It is possible to quit one day if the employer himself wants it. As stated in Art. 80 of the Labor Code of the Russian Federation, an employment contract can be terminated before the expiration of the notice period for dismissal only by agreement. Although this is inconvenient for the employer, since it is necessary to make a calculation wages, fill out and issue a work book.

There are cases when the employer is obliged to terminate the contract within the period specified in the application, even if 2 weeks have not passed from the date of warning: enrollment in educational institution, retirement, established violations by the employer labor legislation, local acts, terms of the employment contract.

What to do if your voluntary resignation letter is lost?

If you followed the advice given above and kept a copy for yourself with a note of acceptance, then you can claim dismissal as stated.

If you have nothing left in your hands, and the employer assures that nothing has been received and therefore demands fulfillment of duties, then you can demand dismissal within the period specified in the lost application or submit a new application. In the first case, if there is no evidence of filing, then it is better not to argue.

When voluntary dismissal is not carried out on time, and you do not insist on dismissal, that is, you continue to work, then the employer cannot terminate the employment contract after the date specified in the application, since the employment contract continues.

What should you do if you are forced to write a resignation letter along with your job application?

In this case, either do not write, but then you will be refused admission, or write, but write the entire text of the application by hand, and not type it on a computer. And write it with a ballpoint pen, not a gel pen. In this case, it will be easier to challenge the dismissal if necessary..

“I want to quit my job, but I don’t know whether to quit or not,” “I wanted to leave, but I couldn’t, I’ll suddenly regret it if I leave” are common problems for many that employees turn to friends and relatives with. There are various reasons why people are overcome by doubts, most are worried about money, and some simply dream of how to quit gracefully and be the envy of their colleagues. How to properly leave the workplace?

Difficult choice

According to rough estimates, about 80% of hired employees fall asleep and wake up with questions about how to decide to quit, and whether it is worth quitting a prestigious position.

Statistics provide detailed answers to the question of why people quit. A small part of workers, about 10%, find more profitable proposition or want to realize themselves in own business, and the majority of employees, about 70%, are not satisfied with the working conditions in their current position.

At the same time, for any reason, people do not know how to decide to quit, and they doubt that it will be even worse at the new enterprise.

Psychologists advise: “If you want to quit, quit!” The fact is that if a person starts asking such questions, it means that subconsciously he wants this, that is, there is a reason for leaving and it is quite serious. Failure to fulfill a desire and a constant reminder of a job that does not suit you, or of an unpleasant team, whose members strive to ridicule any wrongdoing, will affect not only behavior, but also health.

Advice! You can make a list in which to include any, even minor, unpleasant moments associated with work; the more, the faster a confident solution will come.

Once you understand that it’s time to quit, you should take care of financial security - maybe it’s worth saving in order to accumulate a certain amount, in case you fail to get another job. You need to look at several organizations where you can transfer.

Psychologists recommend imagining the moment when the day of dismissal arrived and tracking the feelings: “I left a job that was boring” or “I’m leaving in order to have more time for a hobby.” If you feel relief with such thoughts, then the quitter is on the right track.

Situations when you shouldn't quit

Dismissal must be deliberate! If a person is soon offered a job in a more profitable position, then he cannot quit right away. Perhaps the situation will develop in such a way that the person who quits will not be hired for a new job. The question arises: will the employee regret leaving?

It is worth thinking about the situation several times in the following cases:

  1. If the matter is only that the boss is not happy, lawyers assure that the bosses are happy with the workers only in 20% of cases.
  2. If you don’t like the team, then you should make sure that your colleagues at the new place of work will be better.
  3. If you want to open your own business, you first need to acquire good capital, and then go free. At the same time, it is necessary to find out exactly whether the chosen type of business is in demand on the market, whether the investment will pay off.
  4. If there are rumors about the imminent liquidation of the organization or staff reduction. In these cases, upon dismissal after some time, the dismissed person will receive more payments.

There are times when a spouse begins to earn many times more, and it seems that there is no need to work anymore. Lawyers claim that such reasons lead to rash dismissals, because there is no guarantee that the spouse will maintain a high salary.

Quit your job gracefully

“If you quit, do it gracefully,” says corporate ethics. A person who maintains good relationships with the team, no matter what, deserves good recommendations.

In corporate ethics there are several rules on this matter:

  1. A person who wants to quit should first talk to his boss, and then he can tell his colleagues.
  2. You should not immediately provide a letter of resignation; perhaps the boss will offer dismissal by agreement of the parties, which will suit both parties. When deciding to resign on your own initiative, out of politeness, you can discuss the time of dismissal with your boss, but at the same time mention which option suits you most.
  3. The reasons for dismissal may not be disclosed in order to avoid unnecessary conversations. We can say that they offered Better conditions work, but at the same time thank the boss for a good experience.
  4. After talking with the boss, you can talk with the team. You can have a farewell tea party.
  5. If the dismissed person was offered to work for some time until a worthy replacement is found, he must work efficiently - to fulfill shortcomings, to finish a project that has been started.

Lawyers add that when dismissing, it is necessary to check the correctness of actions on the part of the dismissing party, whether all payments have been made, whether the work book has been filled out correctly?

Traditions of corporate ethics

Perhaps the company has established a certain dismissal ritual, for example, instead of drinking tea, they go out into nature as a group, or do not hold banquets at all, but give each other small gifts.

Important! If a person leaving wants to leave good memories of himself, then he must perform the rituals that are accepted former company. If they are not there, general traditions must be observed.

Typically, employees who leave write a farewell letter that is sent via internal email. In a letter framed in a positive way, it is necessary to talk about the support colleagues provided during the work, and also emphasize the invaluable experience gained thanks to the team. You can also send a letter to your boss, thanking him for the position provided or for the valuable skills acquired in this position.

Worker's rights

The employee first of all has the right to terminate the employment relationship at any time. The employer cannot refuse to accept the resignation letter - in this situation, the quitter can send the resignation letter by letter.

  • An employee has the right to go on sick leave, and if the time spent sick exceeds the dismissal period, the organization must pay for it.
  • If a dismissal agreement is signed, the employee has the right to fulfill all points specified in the document.
  • The employee receives a work book directly on the day of dismissal. If for some reason it is not given back, the fired person has the right to go to court and demand compensation for each day without work.

    • In addition, the employee has the right to request copies of documents from his previous place of work, which he may need at his next job.

    What to do if management does not want to let you leave your job?

    If for some reason no understanding is reached and the boss does not want to fire, or the HR department is using the wrong dismissal procedure, you should immediately contact the prosecutor’s office or court.

    Since worker rights are violated, you can demand not only compensation for material damage, but also moral damage. In most cases, the court takes the side of the victim and, if the dismissal was not carried out, it is carried out, and if the dismissal process was violated, the employee is reinstated and compensation is paid for forced absences.

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