Application for dismissal: legalize leaving work correctly

What is the application for dismissal

Article 77 of the Russian Federation Labor Code lists the grounds for termination. One of them - an employee initiative. Deciding to leave work, you must write a letter of resignation on their own.

Application for dismissal - is a document of a personal nature, required for the termination of the employment contract between the employer and the employee on the initiative of the latter.

It is expected that the initiative comes from the employee and his intention is completely voluntary. In practice this is not always the case.

However, the application of Article 80 of the Labor Code is usually a win-win: the employer and less of a hassle, and the employee in the normal labor record.

Another plus is that you can quit even during a temporary absence from the workplace. For example, during holidays or sick. Upon termination of the employment contract by the employer is not allowed (Article 81 of the Labor Code).

In what time frame it is necessary to apply

You have the right to terminate the employment contract, notice to the employer no later than

two weeks. This means that 14 more days will have to go to work and perform the duties. It is believed that during this period the employee will be able to transfer the case to colleagues and the employer - to find a replacement for him.

Two weeks to begin to run on the day following receipt of an application for dismissal by the employer. For example, if you filed on October 1 two weeks will start counting from the 2nd and dismissal will be issued 16.

If the last working day of an employee falls on a public holiday, the day of dismissal will be considered next working day. For example, if you wrote a statement on April 17, the dismissal will be issued not 2nd and May 4th.

This is the general rule. But there are special cases.

How to write an application for dismissal

There is no unified form. But there are rules of drawing up letters of resignation.

The law requires that it be written: hand-written or typed on a computer. Personal character of expression and emphasizes the signature of the employee. Without it, the statement is invalid.

The header must specify the destination ( "General Director of LLC" Shark "Ivan I. Ivanov") and the sender ( "from the sales manager of LLC" Shark "Petrov Peter Petrovich"). The word "statement" will be the headline. Next, you need to formulate a request for dismissal.

Asking me to dismiss from his post at his own request on .

or

I ask me to fire on their own on the basis of Article 80 of the Labor Code. The dismissal request to produce .

Note that, according to the order of the Labor Agency, indicate the specific reasons the employee is not required. It is best not to use the preposition "with", indicating the date. The fact is that if you write "Please fire me from the October 20, 2016," hiring manager is likely to issue a dismissal of the 19th number. To avoid confusion in the dates, specify a specific day, month and year layoff.

Apply for dismissal can be personally or by mail, by sending it by registered letter with acknowledgment.

Do I have to work two weeks

Yes.

But this is again a general rule. According to paragraph 2 of Article 80 of the Labor Code, the part can be before the expiry of the two-week period by mutual agreement of the parties. If the head is not against dismissal can be issued even in the day of application.

Also, the law specifies the cases when the employer is obliged to terminate the contract within the period specified in the statement. For example:

• Enrollment in employee education.
• Retirement.
• Violation of labor legislation by the employer (it must be officially recorded by the Labor Inspectorate, the court or labor dispute committee).

Whether to fire for absenteeism, if I wrote a letter to the dismissal

Yes they can.

Throw a statement on the table boss, slamming the door and hammer all - it's impressive. But counterproductive.

From the date of submission of the application for dismissal and up to the date of termination of the employment contract you still an employee of the company and are required to obey the rules of labor regulations.

Absence from work without good cause is absenteeism. For it is fired (Part 6 of Article 81 of the Labor Code). As well as for improper conduct in the workplace. To come to work drunk, too, is not an option.

Can I change my mind

According to paragraph 4 of Article 80 of the Labor Code, you have the right to withdraw his application at any time before the expiration of the dismissal notice period. As a general rule - up to 24 hours of the 14th day.

If you took a vacation with subsequent dismissal, you can withdraw the application prior to the holiday.

The application form has not been established. But you can just pick it up from the personnel department, you can make a note on the original document, and you can create a new one.

My letter of resignation on his own request on please consider invalid.

You can pick up an application, even if you have already made up your order on dismissal and made an entry in the workbook. But there is one "but."

If your site is in writing invited the other people who can not refuse to hire a job (for example, by way of transfer), to withdraw the application for dismissal will not work.

What to do if the application is not signed

The law does not oblige the employer to endorse their resignations. But in practice they are usually recorded in a special register and head puts his signature.

What if the Human Resources application are not, or refuses to Head initialed? Firstly, rejoice: you are a valuable employee does not want to part with you!

Secondly, make a knight's move. Try to register the application in the office of the organization as the incoming mail. Not a ride? Then plan B: send it by registered letter with acknowledgment to the head. Mail notification will confirm the fact that the employer has received your message, and no visa is required. Practice this and then two weeks, and you can be absolutely free.

Another thing, if the application is not signed, the dismissal is not registered and you perehotelos leave. If after 14 days you will continue to work as if nothing had happened, the employment contract will be continued.

How is the dismissal procedure

By the end of the period of notice the employer publishes the order on termination of the employment contract. With it you have to acquaint on receipt (Article 84.1 of the Labor Code).

personnel officer then will make an entry in your labor book "to resign, paragraph 3 of Part 1 of Article 77 Labor Code of the Russian Federation "or" employment contract terminated by the employee, Article 77, paragraph 3 of Part 1 of the Labor Code. "

Make sure that the personnel service specialist will not confuse the point of the article and the Labor Code. For putting in the work book incorrect or does not correspond to the wording of the legislation of the reasons for dismissal provided liability (article 234 of the Labor Code).

Get your hands on the work book and other relevant documents, can apply for calculation. You must pay wages for the days worked in the month of dismissal, and compensation for unused vacation and severance pay, if any, was provided by the employment contract.

That's all! You can collect things, to say goodbye to colleagues and take-home favorite ficus.