How best to leave work. What is the right way to quit your job? Labor Code: Dismissal. Legal advice. How to quit correctly: timing of prior notice to the employer

“Don't leave work before you find a new one,” we have heard this mantra a million times. You're tired? Are you sick? Need a break? These are all excuses, an inner voice whispers (which sounds suspiciously similar to the voice of a colleague, friend, or one of the young people at the next table, whose conversation you accidentally overheard). If you leave now, you will lose. Don't leave work. Make no mistake.

What can you answer to this voice? At the very least, this is the following: the option that seems safe to us is not always the most reasonable. When we are under severe stress, we switch to survival mode. And in this mode, we are not inclined to think soberly and thoroughly. We are afraid of risk. We think of only one thing: to relax and forget.

In addition, in this state, the chances of finding something better tend to zero. Trying to escape from one captivity, we easily fall into another, if we cannot adequately weigh all the pros and cons. It happens that a person simply does not have the strength to fight for Better conditions... He is exhausted, his fighting spirit has evaporated - only a sluggish, lifeless body remains. Can we hope to impress another HR officer in this state?

Analyze your condition before deciding whether to stay in a grueling or unpleasant job. Perhaps you just need a pause to recover. Here are some things to watch out for.

You don't feel safe

Your safety comes first. If you don't feel safe at work, you'd better quit, even if your financial affairs are not in better position... Some jobs may be real jobs increased danger- as disadvantaged areas of the city, zones of radioactive contamination and hostilities.

If you tolerate harassment or threats at work, tell your management about it. If you remain silent, no one will protect you. If attempts to defend your rights have not led to anything or after a "lull" pressure on you resumes with new strength- leave boldly and as soon as possible.

Work undermines your health

Remember: your health is always more important. The word "stability", so beloved by many, acts like a slow poison. We become passive, not ready for action - even when the old life brings only suffering. Is work killing you - physically or in any other way? Then you should leave it as early as possible, while you still have strength. In some places, people work in fear all the time. How can you go to an interview in such a state and expect to be appreciated at your true worth?

You feel insecure

The hatred of work can grow so strong over time that you will be ready to grab at any straw in search of salvation.

It can be a simple "hack", work under the wing of a friend, the merits of which boil down to the fact that it brings a little money and allows you to escape from the hell of your old life. But often, these respites drag on, and your determination to seek the job of your dreams fizzles out imperceptibly.

You need a break

“I was sick of my job,” says Alexander, “But I was just not ready to take on a new one right away. I did not have enough time and inner space to understand what I want. I was in a terrible state. I had to leave before I could think of anything else. "

Alexander resigned, despite the fact that colleagues considered his act insane. But he himself admits that he felt relief: "Probably my blood pressure dropped by half the minute I left the building." He decided to do a three-week internship at a new company and got the job a week after graduation.

“This job was completely unrelated to my previous career, I was paid less, but so what? - says Alexander. - I work, I help people. Now I see the meaning in what I do. And I can calmly plan the next steps. "

You don't have time for yourself

“I never quit my job without knowing where to go,” says Barbara. “But now I had to do it. The previous work consumed all my strength. While I was there, I couldn't imagine my life outside the office. I felt stuck and unable to move. Now I can concentrate and understand what I really want. "

If, returning from work, you feel completely overwhelmed and squeezed out like a lemon, you will simply not be able to look for a new job. Everything can end up being on new job you will not be satisfied in the same way. Listen to your body - it will not deceive you.

If you need to quit your job first, just to look at yourself in the mirror and figure out who you are and what you want, do it right away!

About the expert: Liz Ryan is the founder of the Human Workspace consultancy.

Dismissal of one's own will is the most common entry in the labor force. But despite this, by 2018, many people still do not know the order of the procedure. To formalize your dismissal competently, it is worth studying this topic.

Legislative regulation of dismissal on one's own initiative

Dismissal of one's own free will is governed by the TC articles and. The employee terminates the contract on his own initiative and is not obliged to explain his decision. Only if he decided to leave without warning in advance (3 part of Article 80 of the Labor Code). Then the reasons for leaving will need not only be named, but also officially confirmed.

The employer can authorize the employee to use annual leave if he cannot finish working after the announcement of his resignation (Article 127 of the Labor Code).

Nuance! If a person changes his mind about resigning, he has the right to cancel the application, but only not if his place has already been promised to another (Article 64 of the Labor Code).

Many of those who want to quit their jobs of their own accord subsequently change their minds. If a person goes to work after the date indicated in the application as the last day, the management has the right to consider the document invalid (part 6, article 80 of the Labor Code). For subsequent dismissal, the employee will need to write a new application, and the period of the notice of leaving will begin to be reckoned.

Reasons for changing jobs

Most often, the following reasons affect the decision to change jobs:

low wages;
misunderstanding on the part of the management;
lack of prospects;
Boring job;
too heavy duties;
difficulties in communicating with the team;
moving.

Everyone can have many personal reasons, but the procedure for dismissal of their own free will is standard for all employees.

Important! Some reasons are good enough not to warn your employer in advance.

Stages of dismissal registration

Dismissal of one's own free will is quite simple. But, like any legal procedure, it requires compliance with certain rules. When terminating the contract on the personal initiative of the employee, the following procedure is followed:

An application for resignation is submitted to the name of the manager. The form of such a statement is not regulated, the main thing is to set the date of drawing up.
After approval by the management, the document is transferred to the personnel department, or to the person responsible for processing dismissals.
On the basis of the employee's application, an order is issued in the form of T-8.
The employee reads the order and signs it. If there is no such possibility, then a corresponding record is made about it.
On the last day of work, a person is given documents and due payments.

You must communicate your decision to resign two weeks before the expected date of resignation. The organization must manage to find a replacement if the employee does not change his mind.

Nuances of applying

Sample document.

An application for dismissal of an employee of his own free will can be drawn up in any form. A person can write or type the text: "Please dismiss me of my own free will."

But in order to comply with all the formalities, it is worth using the form adopted in this organization. The following steps will help you avoid mistakes when applying for resignation:

The application is drawn up in 2 copies. One is handed over to the personnel department, and the second one marks the date of the document's adoption.
If the management refuses to satisfy the employee's desire to terminate the contract, then the application will be considered officially accepted after receiving it by the company in a registered letter. And the organization will no longer be able to ignore him.
The reasons why you can leave before the expiration of 14 days from the date of the written notice of leaving are also recorded in the application.

The application can be written less than two weeks before the dismissal, if the management does not mind, and the employee's departure will not entail a delay in the work of the enterprise.

Attention! To avoid misunderstandings, it is better to clearly state the date in the application, which should be considered the last day of work.

Dismissal terms

The standard term for dismissal of one's own free will is two weeks after writing the application. But for some categories of citizens, this period can be shortened, or extended.

Fired in 3 days in the following situations:

the company is being liquidated;
the organization is downsizing;
the person changed his mind about working on a probationary period;
the labor agreement is concluded for a period of less than 2 months;
the employee was engaged in seasonal work.

If a coach, athlete, or director of the enterprise decides to change the place of work, then he must warn about leaving a month in advance.

Employees who are faced with such moments may not work immediately after the message of resignation:

retirement age;
admission to a higher educational institution;
caring for a disabled person or a child under 14 years old;
health condition requires urgent and long-term treatment;
moving to another city, country;
winning the competition for a vacant position;
a call from the military registration and enlistment office to undergo compulsory military service.

The person whose rights have been violated will not warn about leaving. and this is confirmed by the labor inspectorate or by the court.

Nuance! To terminate the contract without warning, the organization may require documents confirming such a right (doctor's note official letter from the university and the like).

The specifics of dismissal from vacation or sick leave

The law prohibits the dismissal of employees on sick leave or vacation. But on his own initiative, a person can calmly do it. Such a trick is often used by those who do not want to work after reporting their resignation.

In the case of vacation, the following options exist:

The employee will write a letter of resignation and ask for paid leave until the day of dismissal.
The employee comes and writes a statement while on vacation. In this case, the employer can no longer refuse or recall a person from vacation.
The employee will write a statement and ask to provide unpaid leave for the time before the date of dismissal.

The last day on vacation will be considered the date of dismissal, and this period is included in the length of service. But you need to calculate and issue documents before starting the vacation. In the same way as the registration of dismissal from vacation takes place, dismissal from sick leave is carried out at the request of the employee. Only permission from the employer for sick leave is not required. But later you need to provide a sick leave.

Important! Even if an employee has already left work, within a month, he can still receive paid sick leave at his old place of work.

How is the settlement with the resigning person carried out?

Upon termination of the employment contract at the request of the employee, the documents and the pay due to him are issued on the day of dismissal. If the deadlines for issuance are violated, the resigned person has the right to apply to the competent authorities and demand not only the full amount of the calculation, but also compensation for each day of delay. And the employee who committed this violation will be punished with a reprimand or a fine. The employment paper must be completed without corrections, indicating the date, reason and article of the basis for dismissal. The following payments are included in the calculation upon dismissal:

salary for the worked period;
compensation payment for unused vacation;

In addition to standard payments, some categories of citizens are entitled to additional compensation... So, for example, those who quit for conscript service in the army will receive two weeks' wages. If the employee does not show up for money and documents, the responsibility for the issue still rests with the company. Therefore, you should send the resigned letter with a notification, in which you indicate the need to arrive for the calculation, or send an application using the postal mailing of documents.

Coercion to dismiss

There are situations when an employee is under pressure from management, and the person has no choice but to quit his job of his own free will. The bosses can coerce to this both verbally (by requests or threats), and with real infringement of rights (frequent business trips, deprivation of bonuses, and so on). People can file a complaint about coercion with the prosecutor's office or labor inspection.

If it is possible to obtain evidence of coercion, the court will reinstate the person in office. An unscrupulous boss will be punished depending on the severity of the violations, in the form of a fine, correctional labor, or even the closure of the enterprise.

These are the statistics. The reasons for wanting to quit can be different, ranging from mobbing a (psychological pressure) and professional burnout, ending with dissatisfaction wages and the impossibility of further career growth... In general, it doesn't matter what was the reason to change one company to another, the decision was made. The question arises - how to quit?

How to properly quit and make the process of dismissal as painless as possible for nervous system and for a career? It's one thing to tell your boss that you are not satisfied with literally everything on this meta, to declare that this is a bad organization and leave, demonstratively slamming the door. And another thing is to tell about what useful you have received at this place of work, what you have learned and that it is time for you to move on. Leaving beautifully is a whole art. If you decide that nothing else holds you back in your previous job, do not rush to burn all the bridges. In this delicate matter, as in divorce, it is important to remain friends.

Disable emotions, carefully weigh the pros and cons, make sure you are taking the right step. Quitting in order to prove something to someone is a wrong and thoughtless step that can cost you dearly.

A person who does not know how to properly quit his job and generally doubts whether it is worth changing jobs, experts warn against communicating with colleagues and a manager about discussing your desire to change jobs. Since you can change your mind, but the signal to the employer about your disloyalty will remain. It is better to consult with family and friends, but not as if not with employees, and even less with the boss.

When the decision to dismiss is made, the first person to know about it should be your boss.... You should not share this information with colleagues, it can reach the management in a distorted form. As you prepare for an important conversation, remember that about half the time, your employer will convince you to stay with the company, offer you a pay raise, and change your list of responsibilities. Therefore, it is worthwhile to think over the answer to the counter-offer in advance, to understand for yourself what you are capable of agreeing to, and then your negotiations with your boss will become the same bargaining as when hiring.

The professional world is small, so when quitting, try to be as correct, friendly and responsible as possible. If during your work the manager treated you with delicacy and understanding, shared his experience, don't forget to thank his. As a rule, for a competent and wise leader, the departure of an employee is not a tragedy or betrayal. In this case, maintaining a good relationship is not difficult. The main thing do not expose the company... You need to give your employer an opportunity to prepare for your departure. Complete projects that have started, help colleagues who will work on your site (perhaps recommend good specialist to its place, if there is one among your friends). All this in the future will allow you to turn to them with a clear conscience, if it is required in the future.

Think about how your boss acts when firing employees. If the separation is amicable, inform about the dismissal in advance. If your boss has a habit of terrorizing departing employees, don't darken your last days at work. Notify your termination directly two weeks in advance.

If it was not possible to avoid conflicts during dismissal, refrain from commenting on what happened - business ethics does not allow it. Keep in mind that information about how the separation from the employee happened very quickly spreads in the labor market. therefore it is important to leave only pleasant impressions about yourself(both among the bosses and in the whole team), and unnecessary emotions can damage your reputation as an employee. In no case do not throw out all the accumulated negativity, you should not express to your face everything that has hurt over the years of work. Do everything to ensure that when you meet with former colleagues smile and boldly look them in the eye, and not pretend to be strangers. Maintain relationships with employees from your previous workplace. You will be able to share useful professional experience, and on occasion they can recommend you for a new job.

How to properly quit your job - technical moments

Nine out of ten layoffs are voluntary. It's official, but it's actually not that simple. Behind this wording, there may be a reduction, and withdrawal by agreement of the parties, and even dismissal for hooliganism.

At work, there was talk of staff cuts. The boss calls the subordinate, throws up his hands and asks to write a statement. So, it is categorically impossible to agree to this, otherwise you will lose severance pay and other benefits. If a person quits due to staff reductions, it is optimal for him from the point of view of finances. And that's why. Firstly, he is warned about this two months in advance, and during this time he can find himself a new job. Secondly, upon dismissal, he is paid two months' maintenance in the amount of the average monthly earnings.

Another option - the employer starts talking about the layoff, but the employee knows for sure that his staff unit will not cut. It's just that the employer wants to take a new person to the vacant position and possibly reduce the salary. In this case, experts advise to go to an agreement between the parties and a mutually beneficial contract. The agreement of the parties implies a document with the will of both parties, the employee and the employer, to terminate the employment contract. Bargaining is appropriate here. For example, a person does not want to quit and thinks that he could work, but the owners have a different opinion, although in principle they have nothing to be offended with this employee. And they offer him six salaries. In this case, the resigning person has the right to ask for more. But the main thing here is not to go too far.

It is profitable for an employee to quit at his own request then, when he knows that he is to blame for something - official violations, absenteeism, violations of the company's charter - this is an incomplete list of reasons to leave on his own so as not to spoil the work book.

However, there are also real layoffs of their own free will, when an employee really wants to part with this job. When he leaves, he has to work for two weeks, but there are other options. It is not at all necessary to work two weeks if the employer does not require it. You can be calculated day after day and immediately at the time of filing a letter of resignation to pay the salary that you have earned, and maybe compensation for unused vacation. Also, the employer must provide all certificates, for example, on income for the year.

The boss does not want to lose valuable personnel and is stubborn sign a letter of resignation... Then the employee has a direct road to the post office. Need to send ordered letter return receipt requested and the date you filed it mailing, already and will be considered the date of the letter of resignation. If you think that you were fired incorrectly and illegally, feel free to contact the labor inspection at your place of residence. If it doesn't help, then go to court.

Part with your previous work according to all the rules, then the changes will only be for the better.

Conflicts at work, low wages and other reasons force a person to voluntarily break up labor Relations... Despite the fact that termination of a relationship on the initiative of an employee is a very common method, not all employees know how to properly quit of their own free will, and they make a number of serious mistakes.

Rules for the preparation and submission of documents

Only an officially employed employee, a full-time employee with whom he has been concluded, can quit his job on his own initiative. labor contract in the manner prescribed by law.

If there is a civil legal relationship, then for dismissal it is enough to send a notification to the employer.

Dismissal takes place according to the following scheme:

Termination of employment is based on the employee's statement addressed to the manager.
The expression of will must be stated on paper in any form.
The application must contain the date of dismissal and an emphasis on your own desire.

The document should be drawn up in 2 copies, both must contain the date of writing and be signed by the employee.
Labor legislation does not oblige the employee to reflect in the application the reason for leaving, if in the future the working time is not carried out.

An employee is considered dismissed after the date indicated by him in the submitted application.
After writing the application, it is transferred to the personnel department or to the office. It is important that the document has information about its acceptance.

After registering the document, authorized persons are required to issue a dismissal order.
By general rule the employee must be familiar with the document signed by the manager. If it is impossible to get acquainted, the document must contain a corresponding entry.

On the last working day, the employee is paid a salary, compensated for unused vacation, and other payments are made in accordance with the current legislation of the Russian Federation and departmental regulations.

The employee is presented with his work book.

Application requirements

Labor law does not provide for a strict form of application for dismissal. But there are some nuances when compiling it:

An employee can be dismissed only on the basis of a written application, in accordance with Art. 80 of the Labor Code of the Russian Federation. Oral statements on this matter are not a reason for refusing to work.

You can compose a document in any convenient way - write it yourself or use special means- computer, typewriter.
The content of the statement must clearly reflect and convey the employee's desire to complete labor activity in a particular organization.
The application must be submitted no later than 2 weeks before the expected date of dismissal.
The document must indicate the date of the last working day... In the absence of a certain date, the employer has the right to dismiss the employee after 2 weeks.

You can submit an application both in person and through postal services or courier delivery.

Immediate dismissal

You can quit without working out the time established by law when you reach retirement age, upon admission to a university and for other reasons, according to Art. 80 of the Labor Code of the Russian Federation.

In addition, you can refuse to work out by legal grounds, in particular, in connection with a violation of the management labor legislation and related regulations.

In both cases, the application will have to indicate the reason for dismissal, and add the phrase "without working off."

The manager does not have the right to refuse to accept the application. He is obliged to terminate the employment relationship with the employee within the specified period.

Applying outside office hours

If you wish to terminate the employment relationship while on sick leave, the employee, on his own initiative, has the right to write a letter of resignation.

In a similar situation where dismissal is expected during the action sick leave, then the employer is obliged to issue an order for dismissal, make an entry in the work book and calculate the due payments.

According to the Labor Code Russian Federation, in some cases, the employer can initiate the termination of the contract with the employee. Sometimes the termination of such relations occurs on a mutual desire with the wording "by agreement of the parties." The most common reason for completing an activity is the employee's desire. How to properly resign on your own, observing all the legal subtleties? And what to do when the employer won't let go?

Timeframes and procedure for dismissal

The employee shall give at least 14 days' written notice of voluntary withdrawal. The trainee must declare planned retirement no later than 3 days in advance, the supervisor or coach- per month. If the application is submitted, for example, today, the working off begins tomorrow. However, by agreement of the parties, the period established by law before parting may be shorter.

With documentary evidence, persons enrolled in educational institutions or who have changed their place of residence. The same right applies to pensioners, people caring for disabled people of the first group. The obligation to stay temporarily in place is also removed in the event that the employer has violated the terms of the collective agreement. Important: the fact of non-observance of the employee's rights must be recorded by the court, the commission on labor disputes, trade union or labor inspectorate.

How to properly quit on your own? The procedure is as follows:

Writing a statement before dismissal. For the entire period of warning, the employee retains the right to revoke the document.
Preparation by the personnel service of a dismissal order in accordance with Form No. T-8 (8a). The document must contain the details of the application and a reference to paragraph 3 of part 1 of article 77 of the Labor Code.
Acquaintance with the order of the employee, confirmation of which will be the signature. If this is not possible, a note is made on the document that the employee refused or was absent.
Making a record of dismissal in the personal account and personal card, work book.
Issuance of basic documents on the day of dismissal. At the request of the employee, copies of the order, certificate (2-NDFL, on salary, insurance premiums) can also be provided.

On the last day of work, financial settlement... If the employee was not on the spot, the entire amount due must be paid within 24 hours after the request. Estimated include salary and compensation for unused vacation. This also includes additional payments specified in the labor (collective) agreement. Upon dismissal of an employee who was previously granted leave in advance, a recalculation is made. At the end, a note must be drawn up in the form of T-61.

You can calculate the amount of compensation for unused vacation yourself using.

How to write and submit a letter of resignation?

There is no standard application form, but it is still drawn up according to the rules. In the document drawn up to the head of the organization, the full name and position of the employee who wants to leave must be indicated. Then they ask to dismiss "of their own free will" and write on what date it must be done. The reason for leaving is indicated only when they claim to be fired without working. On demand personnel service such a statement will need to be supported by appropriate documents. For example, it can be a copy of a passport with a discharge note and a release sheet, a medical certificate, and so on. At the end of the document, indicate the date of its preparation, sign it.

It is better to hand over the application to the chief in person in two copies. One sheet should remain with the manager, and the second (with a mark on the acceptance of the document) - with the employee. A duplicate of the application is necessary for the resigning person in case of disputes with the employer. An alternative option for submitting a document is by mail. The application is sent in a valuable letter, having previously filled out the list of attachments (in 2 copies) and a delivery receipt on the mail forms. This method is good because the boss will not be able to ignore the document submitted to him, and the employee will have documentary confirmation of the fact that the papers have been delivered. Important: the working period should be calculated from the date of delivery of the letter to the boss, indicated in the mail notification.

How to quit during illness or vacation?

A temporarily disabled employee can also leave work of his own free will. If the last day of presence in the office indicated in the application falls on the time of illness, the contract is terminated without the dismissed. On the order, a note is made that the employee was absent, so it was not possible to familiarize him with the document.

An employee can receive a work book himself when he recovers, or by mail. The settlement should be paid to him immediately after the presentation of such a demand. This should happen either on the same day or on the next day. Within 10 days after the provision of the sick leave, the organization is obliged to calculate the temporary disability benefit. The assigned amount is issued on the next payday.

Dismissal on the initiative of an employee can occur before or during vacation. You can write a corresponding statement 14 calendar days before the rest. This can be done directly during the vacation period. In the first case, the two weeks allotted by law are considered working hours. In the application, the request for an annual paid leave is supplemented with the phrase “with subsequent dismissal". Issuance of a work book and settlement with the employee must be made on the day preceding the start of the rest. But it will appear as the date of dismissal, in the papers there will be the last vacation day. Important: if desired, the boss can refuse to provide such rest, since the law does not oblige him to do so.

When submitting an application during vacation, the employer cannot demand an urgent exit from the subordinate to the enterprise. If two weeks of the proposed working off fall on vacation, the employee will no longer have to appear on the spot. He must receive both money and documents related to dismissal during the vacation period. It also happens that it is only partially possible to walk the warning period. In this case, after the vacation, they go to work to spend the remaining days of the two-week work there. Further, the dismissal takes place according to the standard procedure.

What to do when the letter of resignation is not accepted?

If the employer does not accept the application and does not dismiss, the employee can send the documents to the office and document management department of the organization. How to do this by mail has already been discussed. Until the moment specified in the application, the job duties fully. The right not to go to work appears when the warning period has expired.

Not having received a work book, you can go to court with a requirement to collect from the organization for all days of delay in issuing documents average earnings(paragraph 4 of part 1 of article 234). The employee is also entitled to compensation for moral damage (paragraph 14 of part 1 of article 21, article 237). The inaction of the manager is subject to appeal in a court of general jurisdiction. Protect labor rights it is possible through the trade union of the organization, the territorial division of Rostrud, the prosecutor's office.

There are also legal problems associated with illegal dismissal at will. It is considered as such when the application for the employee was written by another person or the document is completely absent. If a forgery is found, the employee should file a lawsuit with the requirement to restore it, as well as a petition for a handwriting examination. If a conscientious leader wants to hedge, he must accept only those statements that are written by hand and in his presence.

Another condition under which the dismissal is recognized as illegal is the writing of a statement under duress. Prove that leaving work was not dictated by own desire, but by pressure from the side of the leadership, it is difficult, therefore winning cases of this kind are rare. Procedural violations may be the reason for recognizing the dismissal as illegal. Disregard of the norms is sometimes indicated by the discrepancy between the dates specified in the application and the order.

Thus, so that in the future neither party will challenge the dismissal at will, the letter of the law should be strictly adhered to.