Dismissal without work. The procedure for dismissal at the employee's own request - reasons, sample application and calculation procedure

(in other words, at the initiative of the employee) - one of the most common grounds for termination employment contract. The initiative to terminate the employment relationship comes from the employee and does not imply its approval by the employer, because you cannot force a person to work against his will. However, there are certain rules that must be followed when leaving at will.

The procedure for dismissal at will

The procedure for dismissal at will involves, first of all, the employee writing a letter of resignation. The application indicates the date of dismissal and its grounds (“of one's own free will”), it must be signed by the employee indicating the date of compilation.

Indicate in the application reason for voluntary resignation not necessary. However, if circumstances require resigning, then the reason must be indicated, in addition, personnel officers may be asked to document it. In other cases, the phrase "I ask you to dismiss me of your own free will on such and such a date" is sufficient.

After the application for dismissal is transferred to the personnel department, a dismissal order. Usually, a unified form of such an order is used (), approved by the Resolution of the State Statistics Committee of 01/05/2004 No. 1. In the order, it is necessary to make a reference to the Labor Code of the Russian Federation, as well as provide the details of the employee's application. The employee must be familiarized with the order of dismissal against signature. If the order cannot be brought to the attention of the dismissed person (he is absent or refused to familiarize himself with the order), then a corresponding entry is made on the document.

Terms of dismissal at will

By general rule, enshrined in, the employee must notify the employer of the upcoming dismissal no later than two weeks in advance. This period begins on the day after the employer receives the letter of resignation.

However, the so-called two-week working period can be reduced by agreement between the employee and the employer. In addition, the law does not oblige the employee to be at the workplace during the period of notice of dismissal. He can go on vacation, sick leave, etc., while terms of dismissal will not change.

There are statutory exceptions to the general rule of a two-week working off. So, upon dismissal during the trial period, the notice period for dismissal is three days, and upon dismissal of the head of the organization - one month.

Calculation upon dismissal of one's own free will

Calculation upon dismissal of one's own free will, as well as on other grounds, must be made on the day of dismissal, that is, on the last day of work. Calculation of severance involves the payment of all amounts due to the employee: wages, compensation for unused vacations, payments provided for by the collective and labor agreements. If the dismissed employee used the vacation in advance, the paid vacation pay is recalculated, the corresponding amount is deducted from the salary in the final calculation.

If the employee was absent from work on the day of dismissal and could not receive the calculation, he has the right to apply for it at any other time. The amount due to him must be paid no later than the next day after the appeal.

Voluntary dismissal during vacation

Retire voluntarily while on vacation the law does not prohibit. Such a ban is provided only for dismissal at the initiative of the employer. The employee has the right to write a letter of resignation while on vacation, or to attribute the date of the proposed dismissal to the vacation period.

If an employee wants to apply for resignation while on vacation, it is not required to recall him from vacation

Also, an employee can quit at his own request after using the vacation. Note that the provision of leave with subsequent dismissal is a right, not an obligation of the employer. If such leave is granted, the day of dismissal shall be considered the last day of the leave. However, for the purposes of settlements with the employee, the last day of work in this case is the day preceding the start of the vacation. On this day, the work book should be issued to the employee and all necessary payments should be made. This is a kind of exception to the general rule given, confirmed.

Voluntary dismissal during sick leave

Resign at will while on sick leave Can. prohibits such dismissal only at the initiative of the employer.

An employee has the right to apply for dismissal during a period of temporary disability. A situation may also arise when the previously agreed date of dismissal falls on the sick leave period. In this case, the employer will issue the dismissal on the day specified in the application for dismissal, provided that the employee has not withdrawn this application. The employer is not entitled to independently change the date of dismissal.

On the last day of work, even if it falls during the sick leave period, the employer makes the final payment, issues a dismissal order, in which he makes a note about the absence of the employee and the inability to familiarize him with the order. The employee will come for the work book after recovery or, with his consent, it will be sent to him by mail. All amounts due to the employee will be paid to him

Many employees, having written a notice of dismissal of their own free will, are in a hurry to leave their former place of work as quickly as possible, without working off. This is often due to the fact that they already have a new job and they are expected there. What is processing? Labor law does not define this term, it is usually used by employees when communicating with each other.

The current legislation clearly establishes that the employee is obliged to notify the employer of dismissal in writing no earlier than fourteen days. It is believed that such a period is necessary so that the resigning person can transfer all his affairs, and the employer finds a replacement.

During this period, the employee is obliged to continue to do his job, because otherwise he may be dismissed for absenteeism under Art. 81 of the Labor Code of the Russian Federation (an act of absence from the workplace must first be drawn up).

Nevertheless, there are situations when the working period can be either more than 2 weeks, or less.

Working time 3 days

In some cases, the law establishes a simplified procedure for terminating an employment contract. The term is also reduced:

• The employee has just started work and is on . He can quit of his own free will without waiting for the end of the test - for this you need to write a standard application. Working on dismissal probationary period is 3 days. In addition, the company can also initiate dismissal during a trial period - then it warns about this 7 days in advance.
• Contracted with an employee to perform seasonal work. Such an agreement is usually automatically terminated at the end of the work. However, if the employee wanted to terminate it ahead of schedule on his own initiative, then you need to notify about this only 3 days in advance.
• The employee has a fixed-term employment contract for a period of not more than 2 months to perform any temporary work. If there is a desire to quit earlier, then you will also have to work for 3 days.

Working time 14 days

The standard turnaround time is two weeks. It is during this period that you need to warn the management of the company by writing a letter of resignation.

The positive point in this case is that if the employee changes his mind during this time, he can withdraw his application. For example, those who are dismissed by agreement of the parties or take a vacation with further dismissal are deprived of such a right. However, it is no longer possible to withdraw the application if another employee has already been hired to replace the person leaving.

Nevertheless, the actual date of dismissal is set by the head - and if it is possible to agree with him, then it will be possible to quit earlier.

Important! You can also apply while on vacation or on sick leave - the current law does not prohibit doing this. The deadline does not change.

Working time 1 month

If an employee worked in senior positions - as a director, deputy or chief accountant, then the law provides for a working period of thirty days for such a case. At the same time, the director, if he is not the sole owner of the company, must still convene a general meeting of founders during this period.

The same period of working out is provided for people employed in the field of sports - athletes or coaches with whom a contract has been signed for a period of more than four months. As a result, if they need to terminate the agreement ahead of schedule, they will need to work at the current place for another month.

A situation may also arise when the employer-entrepreneur is absent for a long time, and there is no information about him. Then his employee can terminate the signed employment contract in the local municipality, which will this procedure within a month.

Dismissal of one's own free will

All employees who leave on their own initiative try to end their relationship with their former employer as soon as possible and start new job. Many of them do not know whether it is possible to quit without working off. But the Labor Code of the Russian Federation provides for cases and certain categories of citizens when dismissal of their own free will without working off is guaranteed for them by the state.

These include:

• All workers whose administration of their employer does not comply with, and sometimes violates, the conditions stipulated by prisoners labor contracts and collective agreements.
• Employees who reach the statutory retirement age. However, this refers only to those workers who are just retiring. If he again concludes an employment agreement, there will be no such opportunity for him as to quit without working off.
• If an employee of an economic entity quits and enters a educational institution. In this case, the employee must know how to quit without working for 2 weeks. After all, one completed application is not enough, it is necessary to attach more supporting documents, which may be an order for enrollment or a certificate from the place of study.
• An employee has the right to quit without working off if his husband or wife is transferred to work in another city or state. Along with the application, the relevant transfer order or a document with a call must be submitted to the personnel department.

internal regulations the enterprise itself may provide for other situations in which the day the application is written coincides with the day of dismissal itself.

Pay attention! However, some employees know how to quit their job without working off. To do this, they can, upon notification of the employer, issue a sick leave. This is due to the fact that the period of two weeks does not increase with the onset of the disease. The employee is dismissed at the time indicated by him, or the last day on the sick leave.

At the same time, they must take into account that if the management of the company can prove the invalidity of the submitted document, they can be fired under the article for violating the rules of the company, or even worse, they can be held accountable in accordance with the Criminal Code of the Russian Federation.

The most legal, sometimes not the easiest way for an employee to leave enterprises without working off, nevertheless, in an amicable way, will agree with his employer.

Dismissal without working off at the initiative of the employer

This type of termination of the contract between the employee and his employer is not provided for by law. Speaking about this, one must first of all keep in mind the situation when the administration of the enterprise offers the employee either to quit of his own free will, or to be dismissed in accordance with the current Labor Code of the Russian Federation for non-compliance labor discipline. This situation may have positive sides for all participants in labor relations. Firm without the need to prove and formalize a large number of forms, gets rid of an employee she does not need, and he, in turn, gets a chance to quit in a good way.

Upon obtaining the consent of the employee of the organization for the first option, the company's management, as a rule, does not think about any period of two weeks, and offers to reduce it to a minimum, that is, terminate the contract on the same day.

Another type of dismissal that falls under this definition, there may be termination of employment by . The employer offers the employee to quit within the prescribed period, basically on the same day, by agreement of the parties, and in return he can pay him certain compensation amounts. All this is fixed in the form of an agreement drawn up in writing.

Vacation followed by dismissal, as an alternative

The Labor Code of the Russian Federation provides an opportunity for a retiring employee, in cases where he has non-scheduled vacation days, to first use the days of rest, and then just quit. However, this rule does not provide for obligations on the part of the employer in this matter. This means that without his consent, the employee will not be able to exercise the right.

If the management of the business entity does not object, then he can, if he wishes, take a vacation for the entire period he has, or for part of it. In this case, it is paid only for the remaining part of the time not taken off.

The day of dismissal is the last day of rest. And the calculation is all Required documents the employee must receive on his day of work, which precedes the holiday.

Important! The negative side of this option is the inability to withdraw the application during the vacation period.

Most employees who terminate an employment contract of their own free will face such a phenomenon as working off upon dismissal. At the same time, it is far from always assigned correctly - in case of violation of the established standards of the Labor Code, an incorrect calculation of the procedure or terms of working off can harm both the employee himself and the employer. How to calculate working time, how the application should look like, and whether working out at dismissal always lasts 14 days - the answers to all these questions are given by labor legislation.

Working off upon dismissal - Labor Code and legal regulation

The issues of working off upon dismissal of one's own free will, as well as in other possible situations, are regulated by the provisions of the Labor Code of the Russian Federation. Despite the fact that the procedure for dismissal of one's own free will is regulated by the provisions of Art. 80 of the Labor Code of the Russian Federation, other standards also influence the purpose of mining and the procedure for its legal regulation to a certain extent. In total, from the normative acts, it is considered by the following articles of the Labor Code:

• Art.57. It involves the use of a fundamentally different type of working off and a ban on dismissal of employees if the training was paid for by the employer.
• Art.71. Its provisions establish a reduced time for working on a probationary period for applicants for whom it was established.
• Art.77. This article regulates the possible grounds for dismissal in general, and it is in accordance with its standards that most entries are made in the Labor Book.
• Art.78. The provisions of this article govern the procedure for drawing up a dismissal by agreement of the parties, which may include the appointment of working off for an employee.
• Art.80. Its standards regulate the procedure for dismissal on their own initiative of employees in general, and also establish mandatory deadlines 14 days of working off or reasons why working off may not be applied.
• Art.84.1. This article determines the procedure for terminating an employment contract at the end of working off.

current Russian legislation and legal regulations do not use the word "working out". Instead of this legal regulation is ensured by the use of a wording that implies the mandatory filing of an application for dismissal within a certain period before the actual date of dismissal. In matters of calculating working off upon dismissal, this aspect can be of key importance.

IN common cases processing in itself is not any special treatment labor, therefore, the same requirements and principles apply to it as in the case of simple implementation labor activity employee. The immediate nuances relate to the correct execution of dismissal after working off or situations in which it cannot be appointed or appointed incorrectly from the point of view of the law.

How is working out 14 days upon dismissal

From the point of view of working out in 14 days, it is not regulated by any additional regulations or documentation of the enterprise. The employee, if he wishes to quit of his own free will, sets the day from which he wishes to terminate the employment relationship with the employer. Such a day is indicated in the application. If this day does not fit the mandatory requirement of at least 14 days of work, then the employer has the right to simply return the application to the employee without satisfaction due to inconsistency with current legislation. This - the only reason, according to which the employer can refuse to dismiss the employee when he himself wants it.

In this case, an employee can submit an application for dismissal at any time. In particular, the legislation does not deprive the worker of the right to apply not only for 14 days of mandatory work before the proposed dismissal, but also for any other period exceeding these deadlines.

The employer does not have the right to refuse to dismiss the employee after submitting the correct application. The employee himself has the opportunity to pick up an application for working out at any time before its completion. Exceptions are cases if the employer has already sent an invitation to a vacant position to another applicant - if there is written confirmation of this fact, the employee cannot refuse to leave of his own free will after working off.

Also, the employer may establish a special form and a special procedure for applying for dismissal with working out in the internal standards of the enterprise. However, such standards should not infringe on the employee's right to the possibility of terminating the employment contract at his request. They may involve the use special form for an application, the procedure for submitting it to certain employees, however, all these standards should provide an opportunity to exercise their right to dismiss an employee at any time and without restrictions.

If there is mutual agreement, the employer may reduce the mandatory period of work for the employee. Or, use an alternative dismissal mechanism by agreement of the parties, which is more optimal, since by default the employee does not have the right to withdraw his application for dismissal with working off at any time, but will be dismissed at without fail unless otherwise provided by the text of the agreement.

Calculation of the terms of working out upon dismissal

Of great importance when assigning work to an employee upon dismissal is the calculation of the timing of this period. First of all, in this situation, it should be noted a special procedure for the duration of working off on a trial period. Termination of the contract at the initiative of the employee in this case provides for the possibility of establishing for him no more than three days of working off.

Working hours are always calculated in calendar days, not working days- This important feature, which is not taken into account by many employers or personnel specialists. It does not matter whether the end day of working is considered a holiday or a day off for the employee.

The calculation of the working off countdown period starts from the day following the day the application was submitted. On the last day of the employee's work, the employer must issue an order to dismiss the employee. The counting, as already mentioned above, is carried out in calendar days. If the day of dismissal falls on a weekend or holiday, then the order, if possible, should be dated on that particular day.

However, the employer has the right to use the provisions of Article 84.1 of the Labor Code of the Russian Federation, and, if last days the employee's working hours are non-working for him - to complete the dismissal procedure by issuing the appropriate order and issuing the final calculation, compensation for vacation and work book on the last working day.

Failure to comply with the terms of working out may be illegal and entail Negative consequences for the employer. So, if the employee is fired before the expiration of the 14-day period, or the period that was indicated in his application, the employer may be held liable for violating the employee's right to change his decision to leave work.

In the case when the employer dismisses the employee after two weeks of work, this can be considered an unlawful dismissal, since Art. 80 of the Labor Code of the Russian Federation states that if the employee and the employer continued their employment relationship after the planned date of dismissal, then the application for it is considered invalid and such an employee cannot be dismissed. Consequences this decision for the employer may provide for both the payment of a fine under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, as well as the mandatory reinstatement of an employee by a court decision in his position with the payment of moral damages and compensation for each day of forced absenteeism, including during court proceedings.

When dismissing an employee, the employer should always remember the need to record all documents drawn up in the process of dismissal in the internal journals of the enterprise in order to avoid subsequent problems and proceedings.

Work on dismissal on sick leave and vacation

Since both employers and employees misunderstand the concept of working off, the most often problematic situations arise if the day of dismissal falls on sick leave or vacation. So, there is a practice when the employer forces the employee to work the prescribed days even after the end of the sick leave or paid or unpaid leave.

Many employers believe that dismissing an employee on vacation or sick leave is prohibited. Such a prohibition is indeed present in the regulations of Article 81 of the Labor Code of the Russian Federation, however, it applies only to cases where the dismissal is initiated by the employer and does not apply to the dismissal of the employee at his own request.

Working off on vacation in accordance with the standards of the current labor legislation is unacceptable. If the last day of work, according to the application, voluntarily falls on a vacation on which the employee has already been sent, then the dismissal order is issued and communicated to the employee on the very day that he indicated in his application. This is an extremely inconvenient procedure that can entail additional risks. Therefore, the legislation provides for the possibility of dismissal of one's own free will on the first working day after the vacation.

It should also be noted that if the length of the vacation is less than the prescribed period of 14 days of work upon dismissal of one's own free will, then the employee is obliged to go to work and work the remaining days.

In a situation where part or all of the work falls on sick leave, the actions will be similar to vacation. That is, the actual day of dismissal must correspond to the day indicated by the employee in his application. At the same time, for sick leave given fact does not affect - sick leave is paid to employees even after dismissal within one month from its moment.

Who is not assigned to work

The current legislation provides for a number of situations in which employees. Such situations involve their application only in relation to limited categories of employees or to certain circumstances. In total, only the following persons can be dismissed without working off:

• Workers leaving due to retirement.
• Employees heading for full-time training.
• Workers who change their place of residence.
• All categories of employees, if there has been a violation by the employer of labor law standards in relation to the said workers.

Moreover, each of the reasons why the employee wants to avoid working off must be confirmed at the request of the employer in any convenient way. This may be a SNILS certificate, or a training agreement, as well as a transport ticket or a document confirming the ownership or lease of a dwelling in another place. In other situations, employees cannot be fired without working off.

Pensioners may also be assigned to work upon dismissal. Despite the fact that retirement is the basis, identical to the end of work of one's own free will, it involves the introduction of a separate wording in the work book if there is a specified requirement in the employee's statement. And when a retired pensioner submits an application for resignation of his own free will, working off for him can be assigned if such an employee did not indicate retirement as the reason for dismissal in the application.

According to Article 80 of the Labor Code, voluntary dismissal occurs at the initiative of the employee due to different reasons: new offer, moving or other circumstances. This procedure for terminating the contract is today considered one of the most conflict-free. The reason is that for him, unlike the case at the initiative of the employer due to absenteeism or reduction, arguments, a special procedure and payment of increased compensation are not required. Although the procedure for dismissal is simple, it still has its own rules.

Under what article are they fired at their own request

Article 80 of the Labor Code Russian Federation(Labor Code of the Russian Federation) under the title "Termination of an employment contract at the initiative of an employee (at his own request)" discusses in detail the procedure and rules for this procedure. They relate to reasons, deadlines for filing an application and cases of termination of work before the expiration of the warning period. In addition, the article contains information about the withdrawal of the application.

The procedure for dismissal at will

Any employee, including a pregnant woman, in accordance with paragraph 3 of Article 77 of the Labor Code of the Russian Federation “General Grounds for Terminating an Employment Contract”, has the right to quit on his own initiative due to various circumstances. To do this correctly, it is important to know the specifics and rules for terminating an employment contract. So there will be no conflicts with the employer and other problems that will drag out the process for a long time.

Terms of dismissal

According to the general rule of Article 80 of the Labor Code of the Russian Federation, an employee must notify the employer in writing of dismissal by submitting an application addressed to him 2 weeks before the intended departure. This period begins to count on the day after the registration of the application. It is important that the submission of the application is registered, otherwise the processing period may be pushed back. Other rules for dismissal of an employee at his own request:

• the two-week period may be canceled by written agreement between the employee and the employer;
• the law does not oblige the employee to be at the workplace during these 2 weeks (you can go on vacation, on sick leave);
• the general rule of a two-week working off has exceptions (for a trial period - 3 days, and for a managerial position - 1 month).

The manager has no right to refuse an employee. If this happens, then the employee should know that this is a violation of the law by the employer. Then the application is drawn up in a standard form and sent by mail with a return receipt. So you will know about the receipt of documents by the employer. After 2 weeks, you can stop working in the organization. After this period, the employee must be given a work book and a calculation. Otherwise, he has the right to apply to the inspection dealing with such illegal situations and labor disputes.

Resignation letter

The first thing an employee must do is to submit a letter of resignation on his own initiative 2 weeks before leaving. The countdown will begin the next day. The law does not define exact requirements, but it should specify several important points:

1. Surname, name, patronymic and position of the head, name of the organization.
2. Surname, name, patronymic of the applicant, i.е. the employee himself.
3. The text of the statement. Includes a request to be dismissed from a position on a certain date (it is better to write, for example, “August 1, and not “from August 1”). If necessary, indicate the reason for termination of the contract.
4. At the end, the date of submission of the application, signature and transcript is put.

Labor law allows you to withdraw your application. This is done in the same form as the application for dismissal at the initiative of the employee. The manager has the right to refuse:

• if another person has already been accepted to replace the resigning employee, who, according to the law, cannot be denied a job;
• if the employee went on vacation (he should have withdrawn the application before the start of the vacation).

Reasons for dismissal

By Labor Code In the Russian Federation, the following cases are considered valid reasons for maintaining the length of service of an employee:

• reaching retirement age;
• the need to move;
• some diseases;
• the beginning of education in a higher or secondary specialized institution;
• caring for a sick family member;
• violation of the employment contract by the employer.

It is not necessary to indicate the reason, if it is not the basis for any compensation payments or the cancellation of the mandatory working period. In general, you should just write “I ask you to fire me of your own free will.” Additionally, you can specify the reason - "in connection with retirement." In the same way, other circumstances are formulated.

Dismissal order

If the application for dismissal of one's own free will does not have a clear pattern, then the order for it is drawn up in accordance with the T-8 form established by law. It is published in 2 copies, one of which remains in the accounting department for the calculation of material payments. An order for dismissal of one's own free will is issued with certain details, such as:

• code by all-Russian classifier management activities(OKUD) - 0301006;
• code according to the all-Russian classifier of enterprises and organizations (OKPO) - it is different for each company;
• name of company;
• the text of the order itself;
• Date of preparation.

Working time

The standard turnaround time is 2 weeks. It starts the day after the application is submitted. But this period is not always kept. You can not work out 2 weeks in case of:

• the employer does not see the need for this;
• the employee has good reasons - admission to full-time study, urgent relocation, becoming a pensioner);
• the employer violated the employment contract;
• the employee is on sick leave.

Leave before leaving

An employee has the right to quit on his own initiative even during or before vacation. The application in this case is written in the same form. More often, it contains the phrase “I ask you to provide leave with subsequent dismissal at will.” In accordance with Article 127 of the Labor Code of the Russian Federation, the last day of vacation is considered the last working day. In this case, you do not need to work out 2 weeks.

List of documents upon dismissal of one's own free will

The employee only needs to submit a letter of resignation. He will be given in response official documents from the following list:

• a work book with an entry made in it on the grounds for dismissal, issued by the personnel department;
• certificate 2-NDFL, confirming the amount of income received and withheld personal income tax;
• certificate of payment of wages for the last 2 calendar years;
• information on payments and other remuneration, on the insurance experience of the insured employee.

Rights upon dismissal at will

Each party has its own rights. For the employee, this is the opportunity to withdraw the application at any time. The employment contract remains in force if the employee was not fired on the last day. The employer has the right to demand from him the full performance of duties up to and including dismissal. If the manager violates the employment contract, the employee may not work for 2 weeks, but only if he was able to prove this in court.

Calculation upon dismissal of one's own free will

It must be made on the day of dismissal, i.e. last worker after 2 weeks of work. The final settlement includes the payment of all amounts due to the employee. These include:

• wage;
• compensation for unused vacation days;
• payments under an employment or collective agreement.

Dismissal on sick leave

An employee can apply even if the date of dismissal falls within a period of temporary incapacity for work. The employer has no right to change it. After a 2-week period, the management makes a calculation, issues an order with a note about the absence of an employee. You can come for documents and amounts due at any time. The only condition for the dismissal procedure is that temporary disability benefits are assigned within 10 days after the sick leave is granted. It will be paid on the next pay day.

On holiday

All calculations in this case and the issuance of a work book in this case are made on the last working day before the vacation. The employee writes a letter of resignation of his own free will on the same conditions. In addition to wages, the employee must be given vacation pay. Compensated payment for unused vacation is already excluded. An employee can receive it if he refuses to provide him with rest.

After vacation

If the employee has already used the vacation and decided to quit after it, then he will have to work for 2 weeks on a general basis after writing the application. Payments in this case are the same as when leaving work at any other time. They include wages and payments under an employment or collective agreement. If the application was submitted before the vacation with a note of dismissal after it, then the calculation is made on the last working day. Then they issue a work book. If the vacation was granted in advance, then the amount of overpaid vacation pay in the amount of 20% is withheld from the dismissed person.

After sick leave

If the employee cannot continue to work after the end of the period of incapacity for work, then in the application he refers to this reason and confirms it with documents. In this case, he can be dismissed on the same day with the calculation and issuance of a work book. A person receives compensation for unused vacation, salary and sick leave.

Dismissal in one day

If it is impossible for an employee to continue working, the organization is obliged to terminate the contract with him within the period specified in the application. To do this, you need to provide supporting documents, for example, a certificate from a medical institution about a disease, from an institute on admission, etc. Writing an application, filling out an order and familiarizing yourself with it when early dismissal happens in one day. The calculation can be made no later than the next day, including salary and compensation payments for vacation.

How to quit on your own

It is important for the employee to know that he has the right to dismiss at his own request, and the employer cannot refuse to accept the application. It is important to do everything according to the instructions so that there are no disagreements. The procedure for how to resign correctly includes several stages:

1. Writing an application. An employee who decides to take such a step must, within a certain period of time, submit an application addressed to the director, indicating, if necessary, the reason for his departure.
2. Issue of the order. After registering the application (this must be followed, and it is better to make a copy for yourself), an order will be generated. It is compiled in the standard unified form. The employee must familiarize himself with the order, put his signature in it.
3. Dismissal. The employer makes an appropriate entry in work book, the employee signs for it in a personal card. At the same stage, a full calculation is made on the basis of Article 140 of the Labor Code of the Russian Federation.

How to fire an employee on your own

The employer must sign a letter of resignation. Next, you need to issue an order in the T-8 form, with which to familiarize the employee. After that, the personnel and accounting department clarifies information about the period worked out in the current month, the provision of vacation, the period of sick leave and other information necessary for calculating compensation. On the day of dismissal, a labor certificate is issued indicating the reason for dismissal and payment of the funds due.

Video

Upon dismissal, in most cases, an employee is supposed to work 14 days, and the question of whether calendar or working days are meant often causes confusion. How to correctly calculate the working time and indicate the dates in the application?

What does the law say?

Article 80 of the Labor Code of the Russian Federation.

Article 80 of the Labor Code of the Russian Federation says that the subordinate must notify about leaving no later than 2 weeks before the desired date of dismissal. The legislation does not say that the days for which a person must stay in the company must be working. Thus, working off is measured in calendar days.

How to calculate care time?

What day does work start? The countdown of the time for which a person must stay in the organization begins the day after the subordinate writes a letter of resignation.

Example: if an employee writes a petition on December 1, then the days that he must work must be counted from the 2nd, and the contract with him must be officially terminated on December 15.

For reference! On the day when a person is to be fired, he must also be given all working documents and due compensation.

How to put dates correctly?

The application must clearly indicate the day of dismissal. If an employee wrote “I ask you to terminate the contract with me from March 1,” then the personnel department will issue a termination of employment on February 28. In this case, the 1st day is considered the day when the subordinate is already considered fired. Therefore, it is better to write "dismiss on March 1."

How to write an application for leaving without a delay of 2 weeks?

Terminate the contract without working out can be people who have good reason, or were able to negotiate with the authorities.

List of circumstances that allow not to stay in the company:

• the retirement date has come;
• admission to full-time education;
• violation of labor discipline (or contract terms);
• transfer of the spouse (wife) to another duty station.

In addition to these, you can indicate other reasons that the employee considers sufficient to terminate the contract without working off and try to convince the management of this.

If a person wants to leave the enterprise on a convenient day for him, then this must be reflected in the application for termination of employment. The subordinate needs to write in the document “I ask you to terminate the contract with me without a two-week working off” and indicate the reason.

Important! Documents must be attached to the application, which will confirm that the reason for dismissal is really good.

When is the contract with a subordinate terminated if he falls ill?

If a person fell ill after he sent a letter of resignation to the director, then the last working day will be the number that the employee indicated in the petition. The law prohibits labor Relations with people who are on sick leave, but if the employee decided to leave of his own free will, then the manager must dismiss him on the specified date.

For reference! During the two-week notice period, a citizen can withdraw his application if no other person has been hired for the position.

If the end of the notice period falls on a weekend or holiday, then the order must be issued on the next working date after the specified date.

Is redundancy provided?

Article 180 of the Labor Code of the Russian Federation.

According to Article 180 of the Labor Code of the Russian Federation, there is no provision for a two-week delay at work upon termination of the contract due to the dissolution of the organization or reduction of staff. But the director must notify his subordinates in writing about the upcoming reduction in writing at least 2 months in advance. In this case, the employee may leave the enterprise before the end of the two-month period.

If the person left before official date reduction, he is entitled to additional compensation.