While working in a company (in production, in an institution), various situations often arise in which it is necessary to quit this place of employment. For example, you can find a better option with higher pay, or you may just have conflicts with management and colleagues. In this case, dismissal is carried out at will. Often, even the leaders themselves suggest that employees terminate relations on such a basis as not to dismiss employees under the article. It is important to understand how this procedure is carried out, which documents are prepared and what payments are made to the employee.
The nuances of the process
Art. 80 TC regulates the process of dismissal of a person if he independently wants to terminate the employment relationship in a particular company. Dismissal from work of one’s own free will can be carried out on the basis of a fixed-term or unlimited labor contract.
The process is controlled by the personnel of the personnel department, so if any violations or mistakes are made, then they will be responsible. If there is reason to dismiss a person under the article, the employer has the right not to accept the application, but to note in the work book that the employee violated labor discipline or other management requirements.
What actions are performed by the employee?
If a person decides that he urgently needs to leave his job, he must figure out what actions to take to do this. The order of dismissal of their own free will implies some nuances that the employee must take into account:
- a decision must first be made;
- a statement is being drawn up;
- it can be issued on a computer or in handwritten form;
- You can write a document in any form, but it must contain information about the company and employee;
- the request to dismiss the person must be indicated, and the date, which will be the last working day, is additionally prescribed.
According to the law, the employee must warn the management of the company that he plans to leave work in 14 days. It is allowed to shorten this period if the parties draw up a special agreement.
Can I change my mind?
Often people make hasty decisions about stopping work. Literally a day after submitting the application, they can find out that the alternative offer has already been withdrawn, so they won’t be able to immediately get to another place.
Under such conditions, it is possible to withdraw your application, and this is permitted before the deadline. The only obstacle may be the situation when the manager already finds another person in the place of the dismissed employee.
The review is made out by drawing up a special statement. It indicates the need to return the application for dismissal. At the same time, you don’t even have to indicate the reason why a person refuses to quit voluntarily.
Can the employer refuse to accept the application?
Often, company executives do not want to lose experienced and qualified specialists, therefore they deliberately refuse to accept the application or take other measures that impede the dismissal of a person. Regardless of the reasons referred to by the head, by such actions he violates the terms of the law, as he does not have the right to refuse to dismiss the employee of his own free will.
If such a situation arises, then the employee takes the following actions:
- the application is correctly drawn up and sent to the place of work by mail;
- then you need to wait 14 days, after which you can simply not come to work and demand that the employer return the work book and pay the salary;
- if his documents are not provided to him and settlement is not made, then you can write a complaint to the labor inspectorate, which has the authority to solve all problems arising between employees and company managers.
According to the Labor Code of the Russian Federation, dismissal of one’s own free will can be carried out by any person, and management cannot fix any obstacles for this.
How is it made out?
If a decision is made to change jobs, it is important to know how the process of terminating relations with the current employer is formed correctly. The voluntary dismissal procedure consists of several stages. Each of them has its own characteristics, and they are performed in the correct sequence. The main stages include:
- initially, an employee of the company draws up a statement;
- on the basis of this document, the head issues an order to dismiss the employee at his own request;
- this document is provided to the specialist for study, after which he puts his signature on it;
- a citizen may demand a copy of this order, which must be correctly certified by the management of the company;
- if a person refuses to sign a document, then this is recorded by the head;
- on the last day of work, the former employee is issued a work book, in which an entry should be made on the termination of work in the company;
- at the same time, it is required to pay off the citizen, for which he is paid accrued wages, as well as compensation if the person has unused vacation.
If within the established time period all the necessary calculations according to the legislation are not made, then this may become the basis for lodging a complaint with the labor inspectorate. If a violation is truly proven, the head of the company will be held accountable.
Application Rules
If a person wants to quit, then he must correctly draw up a statement. You do not need to use a special form for this, but it is important to enter the necessary data. The rules for drawing up an application for dismissal from work at will include the following points:
- information should be entered in a clear and simple language;
- handwriting should be legible;
- must indicate the name of the applicant and the position held;
- the reason for dismissal from work is prescribed;
- indicates the date from which the person will not be listed anymore in the company;
- the date of compilation of the document and the signature of the applicant.
It is permitted to print this document on a computer.
What are the ways to apply?
Often, workers and employers do not have a very favorable relationship, so people simply refuse to hand over the document personally. Proper dismissal of your own will makes it possible to transfer the application in different ways:
- personally submitted by an employee of the company;
- sending by mail;
- direction by courier.
But a copy of the document must certainly bear a mark on its adoption. This is due to the fact that from this day the deadline begins. In addition, such a mark is considered a certain measure of protection for a citizen, therefore, even if the employer simply refuses to provide payments and a work book, dismissal at will will still be carried out, but you will have to use the help of the labor inspectorate.
Employer Responsibility to Employees
If the employer does not want any specialist to leave work, then he still will not be able to stop his dismissal if he has a correctly prepared application. If he refuses to provide payments upon dismissal of his own accord to the employee, and also does not give him the work book, then he may be held administratively or criminally liable. For this, the provisions of Art. 5.27 of the Code of Administrative Offenses and Art. 145.1 of the Criminal Code.
To hold such a manager accountable, the employee must file a complaint with the labor inspectorate. Additionally, you can write a statement to the police.
What documentation is issued to the employee?
Upon termination of employment, the employee receives documentation from the management of the company:
- a work book, which has already made a record of dismissal, and for its receipt must be signed in a personal card and magazine of the company;
- a salary certificate for the last three years or for a shorter period, as this depends on how long the person was employed in the company;
- certificate 2-PIT for the current year.
If you need to obtain other documents, then the citizen can write an application for their issuance. According to the Labor Code of the Russian Federation, dismissal of one’s will is considered a simple process, but the employer must be well versed in his duties to employees.
What is the record in the work book?
If a person leaves work, then he must be provided with his work book. This is necessary when reducing or if you plan to dismiss on your own. Record in the workbook is carried out by an employee of the personnel department. It is allowed that this process be carried out by the direct manager of the company.
The information that is included in this document depends on the reason for the termination of the relationship. If the dismissal is carried out at will, the entry in the labor must contain a link to Art. 77 shopping mall.
Additionally, the seal of the company and the date of its statement are placed on the document. The position of the person who made the record, his name and signature are registered.
Is it possible not to work out?
Often an employee urgently needs to change his job or there are other reasons why it is not possible to continue working in the company for 14 days. Dismissal of one’s own free will without working out is possible only under certain conditions. These include the following:
- the person was enrolled in college;
- a citizen retires;
- it was established that the employer violated significant articles of the Labor Code;
- a person moves to another city, but it is necessary to have a certificate confirming deregistration at the previous place of residence;
- the spouse was sent to a new duty station in another country;
- identification of a serious disease due to which the employee can not continue to work in the company, but a medical certificate is needed for this;
- it is required to look after a child under 14 years of age or a disabled child, as well as a family member who is seriously ill or is a disabled person of the first group;
- registration of a certain disability group.
Any circumstance should be documented. In this case, the terms of dismissal of their own free will significantly reduced. You do not need to wait 14 days to move or perform other significant actions.
Is it possible to quit during sick leave?
Often there is a need to leave work while on sick leave. There can be many reasons for this, but usually the goal is to dismiss on their own free will without practicing.
If a person is on sick leave, he can quit as usual. To do this, you must apply 14 days before leaving work. Those days that are included in the period of being on sick leave are included in working days. Therefore, the terms of dismissal do not move at will.
An employer cannot simply, at will, force a person to work out 14 days after the end of the sick leave.
Nuances during the trial period
If a person during the probationary period decides that he does not want to work in a particular company, he can write a letter of resignation of his own free will. Article 14 of the Labor Code indicates that under such conditions the mining period is reduced to three days.
The employer must be notified of the termination of work in three days. The head of the company cannot insist on a longer working out.
How do financially responsible people quit?
These employees have access to various valuable assets of the company, cash and other values. Therefore, the order of dismissal at will is drawn up by the employer after the processes:
- inventory, although it should not last more than 14 days;
- transfer of values that were under the responsibility of the citizen to the substitute;
- fixing the fact of transfer by a special act, which is certified by the signature of the resigning employee.
The rest of the procedure is standard. After working out, the citizen receives the due payments upon dismissal of his own free will, as well as a work book with the necessary marks.
How is the vacation process done?
Often people do not want to work out their days in companies where they do not plan to continue working. Under such conditions, they can take a vacation with the subsequent dismissal of their own free will. The period of work is included in the holidays, so the employer cannot demand that the employee return to work. When compiling the application, it should immediately be indicated that the person is making a vacation and at the same time quits.
On the appointed day you need to come to the office to pick up the due payments and the work book.
Rules for the dismissal of pensioners
Many people after reaching retirement age continue to work in different companies. They can at any time write a letter of resignation of their own free will. Article 14 of the Labor Code indicates that pensioners are not required to work 14 days if they have serious illnesses.
If a person simply retires or does not want to continue to work in the company, then a standard working out is required from him.
How does the chief accountant quit?
Before leaving work, the specialist must transfer all available matters to the substitute. For this, various documents and reports are certainly checked. At the same time, the mining period remains unchanged, so all actions must be performed within 14 days.
The rest of the process is standard, as with the dismissal of other company employees.
Thus, it is often required for citizens to leave work, as they make such a decision on their own. They should be well versed in how the dismissal process is carried out, how to make a statement, how many days will have to be worked out, and how to leave work without working out. Everyone should know their rights, so that if they are violated by the employer, they can defend them by drawing up a complaint to the labor inspectorate.