Almost everyone, sooner or later, gets a job. Only a few either do not face employment all their lives, or work for themselves. When there is a desire to terminate the employment relationship with the employer, it is time to recall the rules of dismissal at will. It is their study that we will do. If you do not take into account the features of the operation, you will have to face a number of problems. This applies to both the employer and subordinates. In fact, getting away from work is easier than it seems initially. Termination of labor-type relations has many nuances, but it is easy to remember all of them. And if you follow the instructions presented below, then everyone will be able to leave their former place of employment on their own initiative.
Right or fairy tale
What are the rules of voluntary dismissal? First of all, we turn to the current legislation. Can a person really leave work when he wants to?
Yes. The Labor Code of the Russian Federation indicates that all officially working people have the right to dismiss on their own initiative. This statement is spelled out in article 77 of the above code of laws.
Accordingly, regardless of position, duration of cooperation and social status, a person has the right to terminate relations with the employer.
Initiative and time
Rules of dismissal at will include many nuances. Current laws indicate that officially employed people can leave work at any time.
What does it mean? You can quit while on sick leave or on vacation. Even during the trial period. At the same time, the employer has no right to retain subordinates. The initiative taken by the employee must be documented. And the authorities are obliged to fire a person upon request.
Alert
It is worth remembering that in order to terminate relations of a labor type, it is necessary to inform about your intentions in advance. In this case, you will have to make a letter of resignation of your own free will.
The rules for leaving work state that the form of the said document must be in writing. A similar clause is spelled out in article 80 of the Labor Code. If the employee did not warn about his intentions, then they cannot fire him. Skipping work will be considered absenteeism with all the ensuing consequences.
Warning period
How long does it take to notify the boss of his intentions regarding the termination of relations with him? It all depends on the situation.
In general cases, it is required to submit a standard application 2 weeks before leaving work. But sometimes you can request 3 days or even a day. These are quite rare options, which will be discussed later. To begin with, it is worth considering all the general rules of dismissal at will.
About request structure
How to write an application for termination of an employment contract with an employer? Even a schoolboy can do this. Making paper is easy - just remember the rules of conducting business correspondence. This type of application has a common structure.
It consists of:
- "caps" (in the upper right corner);
- names;
- the main part - requests;
- conclusions.
The end of the document must be affixed with the signature of the applicant. After submitting the request, the employer signs it and issues a dismissal order. Nothing difficult, incomprehensible or unusual. Especially if the parties act according to the law and do not impede the exercise of rights under the Labor Code.
About the content of the application
The rules of dismissal at the employee’s own will necessarily take into account the particularities of writing the application in the established form. We got acquainted with the structure of this paper. But that is not all.
Now it is worth paying attention to the content of the paper. The following data shall be indicated in the application:
- Applicant's full name;
- request for dismissal;
- termination date;
- information about the employer;
- name of the company in which the person works.
Explain the reasons for their decision in the studied situation is not necessary. The bulk of the request often fits into one sentence: "Please fire me with ... of my own free will."
Working out
After a citizen has submitted an application for termination of employment, the so-called working off begins. It lasts 14 days. This is the time when a person still has to work. Usually, during the period of practicing, the employer is looking for a replacement for the subordinate, and is also preparing all the documents necessary for the operation. This time period has its own characteristics.
The rules of dismissal of their own free will in Russia say that you can agree on the dismissal without practicing with the employer. In this case, the reason can be absolutely any, its respectfulness is assessed by the employer. Later we will look at legitimate ways to quit without practicing.
On the day you leave work
Suppose that a person informed the employer in advance of his decision. Application filed. Now is working out. What's next?
During this period, the employee performs his duties. The rules of dismissal of one’s own free will with working out include the need to pay this time on the day of termination of the relationship. That is, for the employee, the mentioned feature can be a plus.
On the day of termination of the contract, the following occurs:
- the employee is issued with certain documents;
- settlement with a subordinate;
- the dismissal order comes into force;
- the personal file of the employee is closed.
If the person is not in the company on the day of dismissal, then the calculation is made the next day after the citizen is announced at the workplace. And the issuance of documents is carried out immediately. Upon receipt (under any circumstances), the employee signs in special accounting books.
About Documents
The rules of dismissal from work on their own will mainly apply to employers. Indeed, for the employee, this procedure is not so difficult.
As we have already said, upon dismissal, it is necessary to issue certain documents to the former subordinate. They include without fail:
- settlement sheet;
- work book.
In practice, they are also completing a statement of income in the form of 2-personal income tax. This technique eliminates unnecessary problems in the future. For example, if a laid-off employee needs to prove income over the past few years.
All papers are given for signature. If an employee refuses to receive certain documents, the employer draws up an act of the established form. It prescribes the fact of warning the subordinate, as well as his will.
About calculation
What are the calculation rules for dismissal at will you need to remember? There are not so many of them. Especially when it comes to termination of employment with an ordinary employee.
When leaving work, a citizen has the right to:
- payments for hours worked;
- compensation for unused vacation.
In some cases, additional payments are possible. They take place if the relevant clauses are specified in the employment contract. As a rule, the majority of employers do not favor their employees with such bonuses. Therefore, by law, you can only require money for unused vacation days and payment of hours worked.
Features of the calculation
In 2017, the rules of dismissal of their own free will have not changed. Calculation is provided according to general principles.
What to look for? For example, the following features:
- If the vacation is 28 days, then each full month of the employee’s work is equal to 2 days of “rest”.
- The man worked for six months and decided to quit? Compensation for vacation can be claimed only in 12 days. And only on condition that this period has not been used before.
- Upon receipt of incomplete vacation days during settlements, rounding to full days occurs.
Perhaps this is all. As a rule, every accountant should be familiar with such features. Otherwise, the dismissed employee may demand a fine and compensation for an incorrect calculation. And this, as you might guess, is an extra problem for the employer.
Step by step about terminating a relationship
We learned the basic rules for dismissing an employee of his own free will. Now consider this operation step by step. She will avoid many troubles.
The termination procedure looks like this:
- Making a letter of resignation by an employee.
- Filing a request to the employer. This must be done at least 2 weeks before leaving work.
- Signing a statement.
- Working out.
- Execution of the order of dismissal.
- Recording of termination of relations in the work book of a subordinate.
- Preparation of the settlement sheet.
- Issuing documents to an employee.
- A list of the subordinate in the register of receipt of the required securities.
- Calculation with a person.
- Painting for the money received.
- The closure of the personal file of the former employee by the dismissal order, which entered into force.
- Sending the mentioned document to the company archive.
That's all. It’s easy to remember the rules of dismissal at will. And to carry out the mentioned operation, too.
Decree and dismissal
Under current law, persons caring for children under three years of age cannot be dismissed at the initiative of the employer. But they have the right to terminate relations at any time of their own free will.
In this case, you can warn the authorities about your decision in a day. It is forbidden to call a subordinate to work out. The calculation rules for voluntary dismissal under similar circumstances are slightly different from the principles listed above.
The fact is that if there is no time worked in a given billing period, then you can’t count on payments. Maternity wards do not work. For them, the settlement period is 2 years. Often, when they are fired, they are not entitled to any money.
Senior citizens
But that is not all. The next interesting category of subordinates is the elderly. The rules for dismissing a working pensioner of their own free will must be remembered by each boss.
An older employee can warn about his intentions to leave work 1 day before the idea is implemented. In fact, he is not supposed to have any training. This principle applies only when a person leaves his job for the first time after reaching retirement age.
Retargeted retirees will terminate the employment relationship according to general rules. So, they will have to work out and warn in advance about the refusal of further cooperation.
The main in the company
What features have the rules for dismissing the chief accountant of his own free will (or any other member of the company's management)? In general, the process is no different from the previously listed actions.
If it is planned to terminate the employment relationship with the chief accountant, the latter will have to draw up a document on the transfer of his authority and conduct an audit of accounts before leaving work. Corresponding operations are documented.
The transfer of authority is executed either by a person authorized by the management, or by an employee whom they decided to hire instead of the previous subordinate.
Probation
We have found out the rules for dismissing a pensioner of our own free will. And the procedure for terminating the contract with the chief accountant, too. What to do if a citizen decided to leave work during the probationary period?
He has such a right. Moreover, a subordinate can warn of a decision just 3 days before dismissal. Otherwise, the procedure does not have any features. The general rules for dismissing an employee of their own will apply.
No mining
It is time to study the most interesting operation - leaving work without practicing. As practice shows, this is exactly the option of many employees.
The rules of dismissal at will without practicing include all of the features listed above. You can get rid of the mentioned period:
- asking for sick leave before applying for dismissal;
- going on vacation.
That is, the employee first writes an application for sick leave / leave, then - on the dismissal. They cannot call a citizen to work. It will remain at the appointed time to pick up the documents and money laid down by law. Even if a subordinate goes on vacation at his own expense, he does not have the right to force him to work out.