Quite often, such situations occur when the employee no longer wants to continue his career in the enterprise. Perhaps the latter is not satisfied with the salary for work, or relations with the boss did not work out. That is why many working citizens are interested in the question of how to write a letter of resignation? Is there any sample for the design of this document? Despite the numerous innovations of the law, no rules currently exist for writing such statements by law. More details about all this will be written in this article.
A statement of resignation. Main
In labor legislation, there are several options for terminating official relations between the employer and his subordinate. But, the most popular of them is the dismissal of an employee on his own initiative. The employee can have quite a few reasons for making such a decision - from moving to a new place of residence to a profitable offer at another enterprise.
In order to quit at his own request, the employee must write a letter of resignation and transfer it to the head or to the personnel department of the institution. This document can be issued in any form. However, it is only necessary to adhere to a strict, formal style.
pros
Dismissal of an employee on his own initiative is always very beneficial for the employer. In terms of quick paperwork and minimal spending of money (without paying various compensations).
Indeed, in this case, a special procedure is not required (as in the reduction), and it is not necessary to have significant arguments to terminate official relations. In other words, if an employee decided to quit, he simply writes a letter of resignation. The enterprise, in turn, pays off with it in two weeks, issues documents, and on it all actions of the head come to an end.
Decor
Every working person in life sometimes comes a moment when he decides to quit. This decision can be balanced and deliberate, or, conversely, taken in an emotional outburst. However, the employee, in any case, will need to write a letter of resignation.
As a rule, in such a situation, not all subordinates know how to correctly execute such a document and what information should be indicated in it. Here, the main thing is not to worry and not to panic. After all, a sample application for leaving work is in almost every personnel service of the organization. However, you can compose the text of this document yourself. This does not require any specific knowledge and skills.
A sample voluntary resignation statement may look like this:
Director ____________ (company name)
________________________ (manager data)
from an employee of the company ___________________ (surname and initials)
_____________________ ( position)
Statement
Please dismiss me of my own will __________ (indicate date).
Ground of decision: Article 80 of the Labor Code.
Date _______
Signature of subordinate ______________ (transcript)
Nuances
Under the current law, an employee has the right to resign from the company of his own free will. But he must warn his boss about this no less than 14 days before the alleged termination of service relationships. These are the rules. What is it for? First of all, the employee himself needs this period of time for a final decision. Also, this period is necessary for the head. Indeed, in the place of a retiring employee, he needs to find another person.
It should also be noted here that an employee, by agreement with his boss, may terminate his official relationship with him earlier than the statutory deadline. In this case, a voluntary resignation must be written as follows:
Manager _____________ (company name0
_________________ (data of the chief)
from subordinate _________________ (surname, name, patronymic)
position held ___________________ (fully indicated)
Statement
Please dismiss me from my work of my own free will _________ (specify the date in full) before the expiration of the two-week period from the date of application.
Reason: part 2 of article 80 of the Labor Code.
What is important to know?
The subordinate, who wrote a letter of resignation of his own free will, has the right, before his dismissal, to go on vacation for the number of days that he did not use. After the employee has worked for two weeks, he receives the legal right to provide the earned rest period. In this case, the dismissal of the subordinate will be made on the last day of his vacation.
Other cases
Sometimes it happens that a person asks him to be fired on a certain date due to the fact that the subordinate can no longer work in this organization. This may be due to the fact that the latter retires, enrolled in an educational institution, goes to serve in the army. At the same time, the dismissal of the employee must be made on the very day on which the employee wishes to quit. The development of a two-week period in this case is not provided.
How to withdraw a statement
Often, in practice, it happens that an employee who yesterday wanted to complete an employment relationship with the head of the organization and leave on his own initiative, changed his mind the next day and wants to take his application back. So what should be the last in this case? How to withdraw a letter of resignation from work, and can this be done?
Here, the main thing is not to be nervous and think it over well. Indeed, according to the law, an employee is given a two-week period for this purpose. An employee of the organization may withdraw his application at any convenient time before the end of this period of time. Dismissal in such a case is not carried out, unless, of course, another person has been invited to work within the indicated period and cannot be denied employment (for example, a pregnant woman).
The withdrawal of the application is written in any form. The main thing is that the document contains the necessary information. Below will be provided a sample of its compilation:
Head _______________ (name of institution)
_____________________ (manager data)
from the employee _________________ (full name)
position ______________________
Statement
I ask you to withdraw the letter of resignation of your own will from __________ (specify the date) and not terminate the employment relationship with me on the basis of Article 80 of the Labor Code.
Number _____________
Painter of the employee ________________ (surname and initials)
Payouts
So, if the day of dismissal of an employee has nevertheless come, the head of the enterprise must fully settle accounts with him, issue a work book, and also other documents necessary for the employee related to his official activities at the enterprise. If the subordinate did not use the annual leave, compensation should be paid to him. In the event that the employer does not comply with the law, the dismissed employee will be able to apply to the competent authorities for the protection of their legal rights and interests.
In practice, there are often situations when the subordinate cannot receive payment due to his absence on the last day of his career. Therefore, all payments to the employee should be issued when the latter applies for them. If the organization transfers funds to employees by bank transfer (to cards or savings books), in this case, payment with the employee is made on the last day of his labor activity.
In the period of sick leave
The law prohibits the termination of employment with an employee on the initiative of his superior. While the subordinate himself may well quit at his own request and during the period of incapacity for work.
But how to apply for resignation in this case? It can be attributed personally and transferred to a specialist in the organization’s personnel. In this case, dismissal occurs only after two weeks. Therefore, if the day of dismissal of a subordinate falls on the period when the latter is on sick leave, the head of the organization also issues an order and makes a full payment with the employee.
Small characteristic
The procedure for dismissing an employee on his initiative involves, first of all, writing him a letter of resignation, a sample of which is missing in the norms of legislative acts. But, for sure, there is in the personnel department of each enterprise. After all, only in this way can a person express a personal desire - to leave the place of his official activity forever.
Quite often, many citizens are wondering whether it is necessary to indicate in the letter of resignation the reason why the employee no longer wants to continue to work in the organization? Everything is quite simple here. If a subordinate wants to leave work as quickly as possible and does not want to work at the enterprise for another two weeks, he must necessarily indicate in the application the reason for such a decision. In a different situation, this is not necessary.
Eventually
After the application is signed by the head of the organization, it is transmitted to the personnel service. Here, the specialist must prepare all the documents necessary for the dismissal of a subordinate.
First of all, an order is created in which the date of its compilation, the data of the employee, his position, date and reason for termination of service relations are indicated. As a rule, when a person is dismissed at his request, the personnel specialist uses clause 3 of part 1 of article 77 of the Labor Code in the documents. This rule of law is also indicated when filling out a work book.
In the order, the employee must put his signature. The latter also needs to sign for receiving a work book and other documents that relate to the employee performing official activities at the enterprise.
In some cases, citizens are asked to provide them with a salary certificate. Because it is necessary for registration in the employment service. Without this document, a citizen will be able to receive only the minimum allowance, the amount of which is established by the state.