How to quit your job on your own. How to quit your job correctly? Labor Code: dismissal. Advice from a lawyer. Calculation procedure for voluntary dismissal

I wrote this material to familiarize you with how to correctlyresign voluntarilywithout any negative consequences, regardless of which category of employees you belong to: an ordinary employee or a manager at any level.

Russian legislation provides for the human right to free work. This means that everyone has the right to independently choose the type of work activity (or not choose any - Soviet norms on responsibility for parasitism have long been abolished), conclude and terminate an employment agreement (contract). And one of the main grounds for termination is voluntary dismissal.

This article is devoted to how to correctly formalize such a dismissal, and what attention should be paid to it.

○ Dismissal at your own request.

✔ Labor Code on dismissal at one's own request.

The current Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation for simplicity) provides in Art. 77 list of grounds on which an employee may be dismissed. This list is open, but those grounds that are not included in it relate to rather rare professions and positions (such as judges, employees of the Investigative Committee or the Prosecutor's Office, municipal or public service officials), and therefore 11 points of this article are enough for the vast majority of workers .

Clause 3 of Art. specifically speaks about such dismissal. 77 of the Labor Code of the Russian Federation, which in turn refers to Art. 80 of the same code. In essence, Art. 80 is all that an employee needs to know who wants to resign correctly and without unnecessary problems.

The dismissal procedure itself for employees who entered into an open-ended employment contract has not changed since 1992, when the Soviet Labor Code of the RSFSR (later the Russian Federation) of 1972 was still in force. However, the Labor Code of the Russian Federation, in force since 2002, has significantly eased the situation for workers on a fixed-term contract: now they can quit on general grounds, without having to prove to the employer that they have valid reasons for dismissal.

✔ What reason should I write in the application?

The legislation does not describe in detail what reasons an employee may have for voluntarily dismissal. This is his personal matter, which does not concern anyone. Even if he wants to quit because he doesn’t have time to pet his beloved cat before work, he has the right to write a letter of resignation.

The reasons why an employee quits matter only for the so-called “ working off» – the period during which the employee who submitted the application is obliged to continue working. As a general rule, this period is set at least two weeks from the date of submission of the application. However, if the dismissal is due to valid reasons, service is not required. The Labor Code of the Russian Federation specifies the following as valid reasons:

If the employee cannot continue to work (due to retirement, enrollment in an educational institution, etc.).
If the employer seriously violates labor laws or contracts and agreements with a specific employee or team.

However, this list is not exhaustive, and by mutual agreement, the employee and employer can do without observing the notice period for dismissal.

Validity of reasons for voluntary dismissal was required, as already mentioned, until 2002 for workers on a fixed-term employment contract, and also until 2010 for maintaining continuous work experience. Currently, due to changes in pension legislation, continuous service has practically lost its importance for the assignment of pensions. Where it is also taken into account for receiving departmental benefits, only the interval between dismissal and new employment matters, and not the reasons for which the dismissal occurred.

✔ List of necessary conditions for dismissal on your own.

Strictly speaking, only one condition is necessary - the desire of the employee himself. Having notified the employer in advance and worked the required two weeks (or more if the application was submitted longer before the expected date of dismissal), the employee has every right to stop any activity at the old enterprise and not show up there again.

None of the employer's requirements matter. If you are required to complete some work, sign a bypass sheet in advance, etc., and without this they threaten not to issue a work book, do not worry, but feel free to stop working. The law is on your side, and you can cause trouble for an intractable employer by filing a complaint with the court or filing a complaint with the prosecutor's office. Experience shows that this is more than enough.

✔ Step-by-step procedure/dismissal procedure.

So you've decided to quit. How should you proceed?

The first thing an employee needs to do is submit an application. The law does not establish any requirements for its form, but the easiest way would be to use sample application, which is easy to find on the Internet. The application is submitted to the employer, who is usually the head of the enterprise. Depending on the internal regulations of the organization, the application can be submitted through the director’s reception office, the personnel department, etc. - the main thing is that the application ends up with the manager. If you work in a branch of an organization, then it is better to submit your application at the location of the head office.

Sometimes dismissal is preceded by a conflict between the employee and the management of the enterprise. If you are afraid that your application will be lost or destroyed in order to then fire you “under the article” (that is, for a gross violation of labor duties or discipline at the enterprise), then you need to insure yourself in advance. As a rule, it will be enough to write an application in two copies. Then one copy is handed over to the management of the enterprise, and on the second, the personnel officer, secretary or other person who has the necessary powers according to the internal rules of the organization puts a mark of acceptance: the date when the application was received, an indication of the position, a signature with a transcript. A statement with such a mark will be reliable evidence in case of trial. If they refuse to put a mark, then the best solution would be to send the application by registered mail with a notification and a list of the attachments. This is a long way (the letter will take at least three days to arrive), but it is absolutely reliable: the signature and date on the postal notification will clearly indicate that the letter was received on that day, and a list of the attachment with a post office mark will be proof in court that it was sent namely a letter of resignation.

But the application has already been submitted. From this moment, in accordance with Art. 80 of the Labor Code of the Russian Federation, the notice period for dismissal begins to run. As already mentioned, it should be at least two weeks. In the same case, if the employee wants to quit without working, the employer has the right to demand documents confirming the grounds for early dismissal. If there are no such documents, you will have to work for two weeks.

During the working period, the employee must perform his duties in accordance with the employment contract. Filing a resignation letter of your own free will will not prevent the employer from firing you for absenteeism or other violation, if any. However, if an employee falls ill, the notice period is not interrupted. In this case, the employer is obliged to issue a dismissal order, make a calculation and issue a work book, even if the employee is on sick leave. If the employee cannot appear for the work permit in person, then it can be sent by mail with his consent, or will be issued after recovery.

It must be remembered that if you were a financially responsible person by position and were personally responsible for the safety of any property of the employer, you should return this property upon dismissal by signing the appropriate documents - otherwise the management of the enterprise may hold you liable. However, signing or not signing a bypass sheet and other internal documentation has nothing to do with dismissal and only means that, if necessary, you will have to do this no longer as an employee of the company. Management will still be required to issue a work book and make a full payment.

After the period of service has expired, the employee is obliged to stop working. If he continues to perform his duties and does not insist on dismissal, then by law the employment contract is considered continuing, and the entire dismissal procedure must be started anew.

In addition, during the entire period of notice of dismissal, the employee has the right to withdraw his application and continue working. The only exception will be the case when another employee has already been invited to take his place by way of transfer (Article 64 of the Labor Code of the Russian Federation). However, in this case, the new employee must be invited from his organization in writing, and the resigning employee must be familiar with this invitation and the consent that his future successor gave to the transfer.

✔ What entry will be included in the labor record?

It should be remembered that a work book is a rather strict document, and the outcome of possible disputes regarding length of service and type of work activity often depends on the correctness of the entries made in it. Therefore, when dismissing for any reason, including at his own request, the employee must ensure that the company’s personnel officers make an entry in strict accordance with the Labor Code of the Russian Federation. The current instructions for filling out work books provide that the entry is made with reference to Art. 77 of the Labor Code of the Russian Federation is a general article that provides for all grounds for dismissal, and not under Art. 80 of the Labor Code of the Russian Federation, which specifically refers to dismissal at the initiative of the employee.

Therefore, the entry in the work book for the person resigning must contain a reference to clause 3 of Art. 77 of the Labor Code of the Russian Federation and the words “dismissed at his own request” or “dismissed at the initiative of the employee.” Let us emphasize once again: in the labor instructions of Art. 80 of the Labor Code of the Russian Federation should not exist! This is a very common mistake that is made in many HR departments, but due to its prevalence, it does not become acceptable.

If, upon dismissal, you discover that a mistake has still been made, you need to demand that a new entry be made immediately: “The entry numbered ... (the number of the erroneous entry should be here) is invalid.” After this, personnel officers must make the correct entry for the next serial number.

To finish the conversation about entries in the labor report, let us pay attention to the fact that entries in the labor report are made only in full words, without abbreviations. Therefore, it should not be written “p. 3 tbsp. 77 of the Labor Code of the Russian Federation”, and “clause 3 of Article 77 of the Labor Code of the Russian Federation”.

To ensure that voluntary dismissal is as painless as possible for both parties and does not negatively affect your future career, there are several simple rules:

It is necessary to resign with careful adherence to the procedure provided for by the Labor Code of the Russian Federation. It is also necessary to comply with the requirements stipulated by the internal documents of the organization - but only to the extent that does not contradict the law and only if you have been familiarized with them under signature.
If possible, conflicts with your former employer should be avoided. Of course, you need to protect your rights - but the labor market is not that big, and your new manager may contact your old one. It is best to leave a good impression of yourself, and if this requires meeting your former boss halfway in something, it is better to do so.
Be careful when returning tools, equipment, and documents that you used at your previous job. The best option here is to transfer the inventory to a new employee who has taken your place, but if there is no such person, then to a representative of the company’s management. In the event of a conflict, this will allow you to avoid charges of theft.
During the working period, take your responsibilities as seriously as possible. There should not be any violations (lateness, absenteeism, etc.) - otherwise you can easily find in the work book an entry about dismissal not at will, but at the initiative of the employer.
Dismissal at one's own request must be voluntary. In practice, there is a situation when the employer demands that the unwanted employee himself write a letter of resignation - in this case there is no need to look for another reason for dismissal and pay severance pay. But such demands are completely illegal. If an employee is threatened that otherwise he will be “dismissed under an article” (that is, for any violation of the law or an employment contract), the employer thereby admits that he himself is preparing to break the law. Illegal dismissal in this case it will be possible to protest in court, having achieved reinstatement at work. However, since it is extremely problematic to work in such a relationship with management, most workers seek through the court to change the wording to dismissal at their own request and payment compensation for forced absence. In addition, the court can also recover compensation for moral damage from the employer.

It may come as a surprise to management and cause a not entirely friendly reaction. An indispensable assistant in this case will be knowledge and application of your legal rights in practice.

If you show how competent you are in this matter and are ready to defend your rights, then the manager is unlikely to want to complicate your life.

Dismissal scheme and employee rights

It is your inherent right that termination of the employment relationship does not require the employer's approval. However, certain rules still exist. An employee must notify management of his resignation at least two weeks in advance.

For those on probation or seasonal work - three days in advance, for managers - a month in advance. This means that you may be required by law to carry out your duties during this time after you have submitted your resignation. You can leave your job immediately if your employer is okay with it. In addition, you can go on a planned vacation or take sick leave during this time.

In what cases should you wait to quit?

If the decision has already been made, then you should not postpone it for a long time, but in some circumstances it would be wiser to delay leaving a little:

If you have not yet managed to find a new job. A future employer will certainly ask what caused the break in your career. The shorter it is, the better for your reputation.

If you studied at the expense of the organization. In case of early payment, penalties in the amount of tuition fees may apply.

If the company plans to downsize. Dismissal due to reduction is more profitable, since it provides for the payment of severance pay.

How to quit your job correctly

What you need to know about your resignation letter

The statement states in an adamant manner that the employment contract is terminated at the initiative of the employee and the date of departure. You only need to give reasons for it if you do not intend to work it out. In Art. 80 of the Labor Code of the Russian Federation provides for the following reasons why an employer is obliged to release an employee without delay - enrollment in a full-time educational institution and retirement. The following facts can be considered positively:

Transfer of a wife or husband to work in another area,

Caring for a close relative

Election to a competitive position.

How to protect your rights upon dismissal

It is worth noting that the organization faces heavy fines for failure to comply with labor laws, so it is unlikely that it will commit such serious violations. If, nevertheless, they refuse to let you go, and two weeks after submitting the application, the dismissal order has not been issued, you can file a complaint with the office of the institution. If these measures do not lead to the required result, do not hesitate to contact the judicial authorities.

In order to confirm the fact and date of writing the resignation letter:

Make a copy of the application, having it certified by the HR department,

Send your application by certified mail with acknowledgment of receipt,

Send the application by telegram, having your signature certified by the signalman.

The fact that, by law, you can demand financial compensation if your salary is delayed or your work book is not returned will help you to cheer up.

Labor disputes: what you need to know when going to court

What documents do you receive upon dismissal?

On the last working day, check whether you have received all the documents:

A work book with a formal notice of dismissal made in it,

A certificate of the total salary for the last three years,

Irina Davydova

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There is hardly a person who has worked all his life in one single job. As a rule, work changes throughout life, depending on circumstances. There are a lot of reasons: the salary no longer suits me, either because of the team, or they were simply offered a new, more interesting job. And, it seems, the procedure is simple - I wrote a letter of resignation, cash in hand, and forward to a new life. But for some reason you put off this moment until the last minute, feeling awkward in front of your bosses and colleagues. How to quit correctly?

Dismissal scheme and employee rights - at their own request?

Most companies and organizations are well aware that employees will not work for their benefit forever. Only one company will accept the statement “of their own free will” calmly, while problems may arise in another. Therefore, you need to know about your rights prescribed in the Labor Code of the Russian Federation:

You have the right to terminate your employment contract, but must notify their superiors two weeks in advance(not later) before leaving and in writing. The beginning of the specified period (dismissal notice period) is the next day after the employer receives your application.
The contract can be terminated before the expiration of the term, but by mutual agreement of the employer and employee.
You have the right to withdraw your application before the deadline, unless another employee has already been invited to take your place (in writing).
You have the right to terminate your work upon expiration of the term.
On your last day of work, your employer must make the final payment, as well as issue your work book and other documents.

That is, in short, the dismissal scheme consists of three steps:

Resignation notice.
Working out the last two weeks.
Termination of contract and settlement.

In life it is difficult to foresee everything, and no matter how things are at your current workplace, knowledge of how to quit your job correctly will definitely not be superfluous. You will learn how to quit your job in various situations (at your own request, by agreement of the parties, how to quit profitably, how to do it without scandals, etc.).

How to decide to quit your job

Deciding to quit is a difficult step, no matter how problematic your current job may be. To make this decision easier for yourself, you can do the following:

Try the old proven method: write down all the existing pros and, most importantly, cons of your current job. Sometimes you just need to see these arguments on paper - and your determination to act will immediately increase.
Look into the future, try to imagine yourself in this enterprise in five years. Answer the question honestly: what can I achieve in five years given the current state of affairs? Introduced? Are you ready to spend five years of your life to get this picture? If not, it's time to change the situation right now.
Study the labor market. You can simply monitor vacancies, or you can leave a resume and go to several interviews. Without a backup option, it's difficult to leave. Even an extremely problematic but stable job may seem better than the unknown. And things are completely different when you are already expected in another company.

How to quit your job correctly

So, you have decided to change your job. It's time to act. There are two different mechanisms for dismissal: at the employee’s own request or by agreement of the parties. The procedure is different in each case, but it always begins the same way: with the employee writing a letter of resignation. It is written in free form and strictly by hand.

Based on this, management issues an order to dismiss the employee. The completion date of the work is also specified in the order.

The company must make the final payment within the last working day. At the same time, the employee is given his work book.

This is a general algorithm for how to competently quit your job. In particular cases there are some small subtleties.

How to quit your job voluntarily

“Dismissal of one’s own free will” is a fairly common wording in applications. The key feature of this form of termination of an employment contract is the mandatory notification of management two working weeks in advance. These two weeks begin from the day following the day of ACCEPTANCE of the application. Be careful, as this wording allows management to keep you at work without accepting your application. In such a situation, the application must be registered with the secretary. It is also permissible to send it by mail, registered mail with notification. This gives you documentary evidence that your application was accepted by your superiors, and no one will be able to keep you at work longer than required.

The general procedure for this type of dismissal is as follows:

Writing an application
Work for the required two weeks (or a shorter period by agreement with the manager)
Issue of an order indicating the date of dismissal of the employee
Receipt of all payments due and return to the employee of his work book upon termination of his employment

How to quit your job by agreement of the parties

The peculiarity of this dismissal option is the ability to stop working at any time, which suits both you and the employer.

The procedure itself looks like this:

Writing an application (in the text we indicate the desired date of dismissal and state that we propose to act in accordance with Article 77 of the Labor Code of the Russian Federation, it is this that regulates the dismissal option we are interested in)
Drawing up an agreement on termination of the employment contract (the date of dismissal, payments, bonuses, if any, etc. are stated here)
Issue of dismissal order

This type of dismissal has a number of advantages, in particular, it allows you to maintain continuous work experience during a calendar month, and also guarantees a larger amount of payments if the employee joins the labor exchange.

How to quickly quit your job

Sometimes a two-week “work-out” becomes a stumbling block. Things are especially difficult if the atmosphere in the team is unfavorable. It is not surprising that a resigning employee strives to speed up the dismissal process as much as possible.

Fortunately, the notorious two weeks are not always mandatory. By law, you have the right to notify management in just three days, provided that you:

Seasonal worker
Employee on a fixed-term contract
On probation

You also have the right to resign on the same day if:

retirement
admission to university and the need to start studying
conscription into the army

In addition, moving, caring for a sick relative, as well as a deterioration in your health can also cause urgent dismissal.

If the employer violates labor laws, you also have the right to quit immediately.

Is management delaying wages or not paying them in full? You can safely quit at any time.

And, of course, you can negotiate the terms of dismissal with management, in case of dismissal by so-called consent of the parties.

If none of the above points apply to you, and working for two weeks in a team seems unbearable, there is always the last option: go on vacation or take sick leave. You must understand that labor law only obliges you to notify management two weeks before dismissal. Norms for any kind of work are not specified in the law.

How to quit your job remotely

There are situations when it is not possible to go to management to sign the dismissal in person. In such cases, it is permissible to resign remotely. The procedure is generally identical to the standard dismissal process, with the exception of a few points:

You must have the signature on the application certified by a notary.
The application must be sent by mail, always by registered mail with notification.
In response, the employee is sent a stamped copy of the dismissal order by registered mail, and a note indicating that the letter was sent is included in the original order.
In case of remote dismissal, the work book is also sent to the employee by mail.

How to profitably quit your job

If you no longer want to continue working in your current position, there is no point in delaying your resignation. But excessive haste will also not do you any good, because it is important not to forget about your own benefit.
When dismissing, it is necessary to take into account the specifics of work in each specific organization. These subtleties will help you understand how best to quit your job. For example, you should not quit on the eve of the holiday season if you are an employee in the tourism sector, because it is at this time that earnings are highest. In addition, calculate when you will be entitled to additional bonuses and bonuses. Wait until you receive them before leaving.

You shouldn’t quit “for nothing”: the “downtime” time will be recorded in your work book and may raise questions from potential employers.

And, of course, you shouldn’t quit if the company you work for pays for your education. This can lead to serious fines.

How to quit your job without a scandal

Finally, I would like to talk about dismissal from a purely human point of view. After all, it is important not only to quit your job correctly according to the law, but also to know how to do it without quarrels and scandals. Of course, dismissal in itself is not a pleasant process. But it is important to save face in any situation and know how to leave the company with dignity.

Remember, your boss should be the first person in the company to know about your dismissal. If rumors about this reach him through third parties, there may not be a scandal. So don’t be secretive with your colleagues, and if you leave your resume on job sites, you shouldn’t indicate your last name and current position there.

If you hold a leadership position, it is better to notify your superiors of your intention to leave at least a month in advance. You must have time to hand over, and your management must have time to prepare your replacement.

It will be good if you yourself propose several candidates for your place and assist in their preparation in every possible way.

The last two working weeks before dismissal are not vacation, not vacation, not rest before a new job. These are full-time working days, and therefore you should not come to work later than usual or, conversely, leave earlier. Treat your work with the same responsibility, show yourself as a professional.

No matter how difficult life in this team may be, try to leave good memories of yourself with both your colleagues and your superiors. Life is unpredictable, and you may still need help from former colleagues. Additionally, your future employer can always contact your current boss and ask for feedback on your performance. Remember this and don't slam the door before leaving.