It happens that for some reason an employee needs to quit on his own initiative. Any employee is entitled to this - Russian legislation prohibits forced labor. To do this, the employee must notify the employer with a statement two weeks before the planned last day of work. But what if the boss refuses to sign a letter of resignation, doesn’t accept it, or worse, threatens the employee to expel him, leaving an unpleasant entry in the workbook? This article will tell you what to do in situations where the head prevents the dismissal.
Refusal to sign application
The reasons employers do not sign a letter of resignation are different. Often the boss simply does not want to look for a replacement. The work of the current employee suits him, but he will have to train a new one. Moreover, its search may take more than two weeks. Another reason that perhaps the boss does not sign the letter of resignation is the large amount of work left by the employee, which is clearly impossible to complete in two weeks. Other personal motives may apply.
If the boss does not sign the letter of resignation, it must be written in duplicate. One should be handed over to the organization, and the other should be asked to put a mark - the incoming number, date of delivery, position, full name and signature of the receiving employee. This copy must be kept. After two weeks after this, you can leave the workplace by requesting documents and settlement.
Refusal to accept application
It happens that the boss does not want to sign a letter of resignation so much that prohibits the secretary from accepting documents from a particular employee. In this situation, you also need to write a statement in duplicate and leave one of them at home, but the second must be sent by mail to the address of the organization. The document must be sent by registered or valuable letter, certainly with a notification of delivery and preferably with a description of the attachment - if there is a trial, it will confirm that the letter of resignation was in the envelope, and not something else. The representative of the organization is obliged to sign this letter. When applying any documents to the application, it must be borne in mind that they will remain at the disposal of the employer.
When determining the desired date of dismissal, it must be taken into account that a letter will be in the mail for several days, and two weeks of work will begin only after the employer is supposed to familiarize himself with the application. Otherwise, he has the right to return the letter, citing violation of the deadlines.
Termination of work
After the date indicated in the application, you can stop working and send the employer a written statement about this with the requirement to pay the due funds and give the documents. It is better to make two copies: one to hand over to the representative of the employer, and on the other to ask to put a mark on acceptance and save. If this is refused, it should be similar to the cases analyzed, send him a statement by registered or valuable letter with a receipt of delivery and a description of the attachment.
Dismissal during the holidays
An employee may decide to quit while on vacation. Many leaders are outraged by such actions, and they do not sign a letter of resignation. What to do in such a situation? It is necessary to act according to the plan already described earlier. If less than 14 days remain from the moment the bosses familiarize themselves with the application until the end of the vacation, then the employee is obliged to modify the missing days after it. In other cases, you cannot require an employee to go to work after the end of the vacation.
Dismissal during sick leave
You can also write a letter of resignation during a period of temporary disability. If the boss does not sign the letter of resignation sent at this time, he commits a violation. Sometimes the expected date of dismissal falls on the sick-list period. It is on this day that the accounting department makes the calculation, the manager draws up the dismissal order, indicating in it the impossibility of familiarizing the employee with the paper, due to the lack of it at the workplace.
The employee can receive his documents in person or by mail - of his choice, and the calculation should be carried out as soon as possible after the employee requests it, maximum - the next day. The allowance for temporary incapacity for work will be prescribed within ten days from the date of delivery of the sick leave. He will receive it on the next day after which the salary is paid.
Threats
Often, in addition to the fact that the boss does not sign the letter of resignation, he also begins to threaten the employee. As a rule, these threats are associated with the dismissal of an employee under any article that could harm his reputation - for non-compliance with discipline, shortcomings in work or negligence.
Even if such violations have occurred, dismissal under the relevant article is possible only within 90 days from the date of their fixation. Dismissal after this period can be challenged in court. If the decision is positive, the employer will have to correct the entry in the work book and compensate moral damage.
Dates of dismissal at will.
In the usual case, the employee must warn the manager of the planned dismissal at least two weeks before him. The deadline begins on the day following the day the employer becomes familiar with the application. However, legislation provides for exceptions to this rule. So, an employee on a probationary period is obliged to notify the management of the planned dismissal in just three days, but the head of the organization can resign only after a month after submitting the application.
Article 80 of the Labor Code of the Russian Federation lists the reasons why a company does not have the right not to dismiss an employee by the time specified in the application. Here is some of them:
- the impossibility of the employee continuing to work (admission to an educational organization, retirement, etc.);
- violation by the organization of labor legislation, agreement, contract, etc.
- the need to care for a child under the age of 14.
Dispute Resolution
If the application for dismissal is not signed, and the employee’s request to release him is received with hostility, do not aggravate the conflict and cause a scandal. This may entail sanctions for contempt of management and other unpleasant consequences. It is also better to refrain from demonstrating passive aggression: for example, immediate withdrawal without practicing will be considered a disciplinary violation, and the manager will have an excellent reason to dismiss an employee under the article.
To prevent a labor dispute, you can contact:
- to the state labor inspectorate;
- to the city, district or special prosecutor;
- to a trade union organization.
If a labor dispute arises, you can send an appeal:
- to the labor dispute committee (if the employer evades the issuance of documents);
- to a district or city court at the location of the defendant or at the place of residence of the plaintiff (within three months).
If the employer refuses to return his documents to the employee, the organization may be obliged to pay him compensation in the amount of the average monthly income for obstructing further employment.
As can be seen from the foregoing, if the boss does not sign a letter of resignation, this does not in the least prevent the employee from leaving the workplace legally. After all, the need to obtain the consent of the employer is not provided by law. However, it may take a lot of time and effort to assert one’s rights.