During work in any company (onproduction, in the institution) often there are different situations in which you want to resign from this place of employment. For example, you can find a better option with higher pay, or you simply have conflicts with management and co-workers. In this case, the dismissal of their own. Often, even the leaders themselves offer employees to end the relationship on such a basis so as not to dismiss employees under the article. It is important to understand how this procedure is performed, what documents are prepared and what payments are assigned to the employee.
The nuances of the process
Art.80 TC regulates the process of dismissing a person if he himself wishes to terminate the employment relationship in a particular company. Dismissal at work can be carried out on the basis of a fixed-term or permanent employment contract.
The process is controlled by the workers.personnel department, so if any violations or mistakes are made, then they will be responsible. If there are grounds for dismissing a person under the article, then the employer has the right not to accept the application, but to note in the workbook that the employee has violated labor discipline or other management requirements.
What actions are performed by the employee?
If a person decides that he urgently needs to leave withwork, he needs to figure out what actions need to be taken. The order of dismissal on their own will implies some nuances that the employee should take into account:
- initially need to make a decision;
- a statement is made;
- 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 the employee;
- the request to dismiss the person must be indicated, and an additional date is entered which will be the last working day.
By law, the employee must warn the management of the firm that he plans to leave work in 14 days. It is allowed to shorten this period if the parties make a special agreement.
Is it possible to change your mind?
Often people make hasty decisions.regarding stopping work. Literally a day after submitting the application, they can find out that the alternative proposal has already been withdrawn, so it will not work right away to another place.
Under these conditions, it is possible to withdraw yourstatement, and this is allowed before the expiration of the working out. The only obstacle may be the situation when the manager has already found another person to be dismissed employee.
Feedback is made by making a specialstatements. It indicates the need to return the application for dismissal. In this case, you can not even specify the reason for which a person refuses to dismiss on their own.
Can the employer refuse to accept the application?
Often, company executives do not want to loseexperienced and qualified specialists, therefore, they intentionally refuse to accept the application or use other measures that prevent the dismissal of a person. Regardless of the reasons to which the head refers, by such actions he violates the conditions of the law, since he has no right to refuse the employee to dismiss on his own will.
If this situation occurs, the employee performs the following actions:
- the application is correctly prepared and sent to the workplace by mail;
- then you have to wait 14 days, after which you can simply not come to work and demand from the employer to return the work record and pay wages;
- if he is not provided with his documents andcalculation is made, then you can write a complaint to the labor inspectorate, which has the authority to solve all the problems that arise between employees and managers of firms.
According to the Labor Code of the Russian Federation, dismissal on their own will can be carried out by any person, and the management cannot fix any obstacles for this.
How to make?
If you decide to change jobs, it is importantknow how to properly process the termination of relations with the current employer. The order of dismissal on their own will 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 makes a statement;
- on the basis of this document, an order for dismissal of the employee is issued by the head;
- this document is provided to a specialist for study, after which he puts his signature on it;
- a citizen may require a copy of this order, which must be properly certified by the firm’s management;
- if a person refuses to sign a document, then it is fixed by the manager;
- the last day of work to the former employee issued employment record, which should already be recorded on the termination of work in the company;
- at the same time, it is required to pay with the citizen, for which he is paid accrued wages, as well as compensation, if the person has unused vacation.
If within the prescribed period will not be madeall the calculations required by law, this can be the basis for a complaint to the labor inspectorate. If a violation is indeed proven, the head of the firm will be held accountable.
Application Policy
If a person wants to quit, he mustto make a statement correctly. You do not need to use a special form for this, but it is important to enter the necessary data. The rules for drafting an application for dismissal at work include such moments:
- information must be entered in clear and simple language;
- handwriting must be legible;
- must indicate the name of the applicant and position;
- prescribes the reason for dismissal from work;
- indicates the date from which the person will not be registered more in the company;
- put the date 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 with employers do not haverelations are too favorable, so people simply refuse to hand over the document in person. Proper dismissal on your own will makes it possible to transfer the application in different ways:
- filing personally by a company employee;
- mailing;
- direction by courier.
Ha copy of the document should certainly be a mark of its adoption.This is due to the fact that it is from this day begins the period of mining. In addition, this mark is considered a specific measure of protection for the citizen, so even if the employer simply refuses to provide payments and a workbook, the dismissal of his own will still be carried out, but at the same time you will have to use the help of the labor inspection.
Employer's Responsibility to Employees
If the employer does not want to leaveIf a specialist works, he still will not be able to stop his dismissal if there is a properly drafted application. If he refuses to provide payments to the employee on his own will, and also does not give him a work record, he may be subject to administrative or criminal liability. For this, the provisions of art. 5.27 of the Administrative Code and Art. 145.1 of the Criminal Code.
To bring such a manager to justice, 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 the employment relationship, the employee receives documentation from the management of the company:
- a workbook where an entry has already been made about dismissal, and you must sign the personal card and magazine of the company for receiving it;
- certificate of salary for the last three years or for a shorter period, since it depends on how long a person has been employed in the company;
- certificate 2-NDFL for the current year.
Если требуется получить другие документы, то A citizen can write an application for their extradition. According to the Labor Code of the Russian Federation, dismissal at will is considered to be a simple process, but the employer must be well versed in his duties towards employees.
What is the entry in the workbook?
If a person leaves work, then he musthis employment record is provided. 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 assumed that this process is carried out by the direct manager of the company.
Информация, которая вносится в данный документ, depends on the reason for termination of the relationship. If you are fired on your own, the employment entry must contain a reference to Art. 77 TC.
Additionally, the company stamped on the document and the date of its production. The post of the person who made the record, his full name and signature are registered.
Is it possible not to work out?
Often an employee is urgently required to change the placework or there are other reasons for which it is not possible to continue to work in the company for 14 days. Dismissing at will without working out is possible only under certain conditions. These include the following:
- a person was enrolled in a university;
- citizen coming out on retirement;
- found that the employer violated the relevant articles of the Labor Code;
- person moves to another city, but you must have a certificate confirming the removal from the register at the previous place of residence;
- the spouse was sent to a new duty station in another country;
- identifying a serious disease due to which employee not may continue to work in the company, but a medical certificate is needed for this;
- it is required to care for a child under the age of 14 or a disabled child, as well as a family member who is seriously ill or is disabled in the first group;
- registration of a particular group of disability.
Any circumstance must be confirmed.documented. In this case, the terms of dismissal at will are significantly reduced. You do not need to wait 14 days to move or perform other meaningful actions.
Is it possible to quit during the hospital?
Often there is a need to leave work intime spent on sick leave. There may be many reasons for this, but usually the aim is to dismiss at will without working it out.
If a person is on sick leave, he canquit in standard order. To do this, you must apply for 14 days before leaving work. Those days that are included in the period of stay at the hospital, are included in the days of working off. Therefore, the terms of dismissal on their own will not shift.
The employer cannot simply force a person to work out 14 days after the sick leave is over.
Nuances during the trial period
If a person during the trial perioddecides that he does not want to work in a particular company, he can write an application for dismissal at his own request. Article 14 of the Labor Code specifies that under such conditions the period of mining is shortened to three days.
Notify the termination of the work necessary for the employer for three days. Head of the company can not insist on a longer working out.
How are materially responsible persons dismissed?
These workers have access to differentvaluable property of the company, cash and other valuables. Therefore, the order of dismissal at will is drawn up by the employer after the process:
- inventory, although it should not last more than 14 days;
- transfer of valuables that were under the responsibility of a citizen to a substitute person;
- fixing the fact transfer special Act, which is certified by the signature of the resigning employee.
The rest of the procedure is standard. After working off, the citizen receives the required payments when he is dismissed at his own request, as well as a work record with the necessary marks.
How is the process done on vacation?
Often people do not want to work out the required days.in a company where they do not plan to continue working. Under these conditions, they can take a vacation with the subsequent dismissal on their own. The period of working off is included on vacation days, so the employer cannot demand that the employee return to work. When drafting the application, you should immediately indicate that the person draws up a vacation and at the same time leaves it.
On the appointed day, you need to come to the office to collect the required payments and employment record.
Rules for the dismissal of pensioners
Многие люди после достижения пенсионного возраста continue to work in different companies. They can at any time write an application for dismissal at will. Article 14 of the Labor Code states 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 standard working off is required of him.
How is the chief accountant dismissed?
Перед уходом с работы специалист должен передать all available cases to a substitute. To do this, be sure to check various documents and reports. At the same time, the period of working off remains unchanged, therefore all actions must be performed within 14 days.
The rest of the process is standard, as is the case with the dismissal of other company employees.
Therefore, citizens are often required to leavework, as they make a similar decision on their own. They should be well aware of how the process of dismissal is carried out, how to make a statement, how many days it will take to work out, and how you can quit your job without working off. Each person must know his rights so that if they are violated by the employer, they should be able to defend them, making a complaint to the labor inspectorate.
