How to quit a job? Labor Code: dismissal. Legal advice
Every second or third person is faced with the problem of dismissal. The reasons may be different, but there are several rules of moral and ethical content that must be followed. From the legislative point of view, there are also nuances, after studying of which a whole series of negative consequences can be avoided. How to quit a job in order not to harm your own career and stay in good standing with your former employer?
Most people try to create a microclimate that is favorable for themselves and those around them in the workplace, the quality of the work of the whole team depends on it. Friendly relations with colleagues and adequate with management are established. But the moment comes when a responsible and difficult decision is made to leave the usual environment.One or several reasons may contribute to this:
- Getting more profitable from a financial point of view of the proposal.
- The prospect of career and professional growth in another job.
- Changing of the living place.
- Conflict with the head.
- Illness or care for a disabled family member.
- The inability to maintain a working relationship with one or more co-workers, etc.
Everyone has a good reason and a number of problems that force a person to change jobs. But you also need to leave correctly, unnecessary emotions, especially negative ones, will not help to avoid negative consequences. First of all, you need to calm down and remember the legal side of the issue, the rights and obligations of the employee, which are regulated by the Labor Code. The dismissal of an employee must meet all his requirements. Let's do everything in order.
Dismissal at own discretion
A difficult decision was made, we are preparing to correctly and correctly complete the procedure. Article 80 of the Labor Code of the Russian Federation is devoted specifically to the procedure for termination of a previously concluded employment contract with an employing organization on the initiative of an employee.The main provisions of this law are as follows.
- Each of the employees has the right to terminate the contract with the employer on their own initiative, warning the management of the company in writing.
- The letter of resignation is transmitted for review to the head of the department two weeks before the termination of the contract. Within 14 days, the employee is obliged to perform his duties as usual (according to the job description) and to go to work every day.
- By agreement between the employee and the head of the enterprise, the notice period for dismissal can be reduced, that is, you can work out not 14 days, the amount depends on coordination.
- Dismissal of an employee on the day of application can be made in case of impossibility of continuing work (illness, admission to an educational institution, violation by the employer of the Labor Code of the Russian Federation or other regulatory act, retirement age, disability, emergency relocation and other circumstances specified in the application).
- After the submission of the application, the employment contract concluded earlier must be terminated on the 14th day.During this time, the employee has the right to pick it up, in which case the agreement continues to be valid. But if a corresponding order has been issued, and another employee has been invited to this position, then there is no reason for refusing to hire a new employee.
- After the expiration of the statutory warning time (2 weeks), the employee has the right not to visit the workplace, even if the employer has not terminated the contract.
- On the last working day, the company is obliged to pay the employee the calculation and all the required compensation, to display the dismissal in the workbook, which is issued on the same day.
- If the period allowed by the law for a notice of dismissal has expired, and the employee continues to go to work, and the employer has not issued a corresponding order, the application may be considered canceled.
Labor Code termination reduces to three main points.
- Submission of resignation.
- Working off the warning period (at least 14 days from the date of application).
- Receipt of the calculation and employment record of the employee (negotiated with the management, but not later than the last working day).
In real conditions there are various options for the development of events, which are based on the disagreement of the parties with any item. Employers often try to delay the time spent on working out if an employee is valuable to a company: they do not sign a statement or say they did not get familiar with it in a timely manner. Sometimes there are unpleasant situations with a delay in settlement and the receipt of the necessary documents. On the part of the employee, the most common violation is non-fulfillment of work duties and the absence (without good reason) in the workplace after submitting an application, which is regarded by the employer as absenteeism. From the point of view of the Labor Code, this may entail dismissal under another article or sanctions (including fines), prescribed in the internal documents of the enterprise. In any case, all differences can be resolved through negotiations, as advised by lawyers. If this is not possible, then each of the parties may apply to the judicial authorities. To avoid conflict situations, an employee and an employer must strictly follow the norms of the law and not allow it to be violated by the opposite side.First of all, correctly write a letter of resignation. As judicial practice shows, a large number of mistakes are made by the employee himself.
In legislative acts there is no clearly developed form of application for dismissal, therefore quite often there are controversial situations. Enterprises independently create unified forms that are used as a form. In most cases, this type of document is written by hand and has standard content. How to quit a job? Write a competent statement, and many lawyers advise you to do this in duplicate and register as an incoming document or sign a familiar official with the date. The second copy remains with the employee and can be used in the event of a conflict. For example, in case of loss of a document or its late submission by the head of a department to an enterprise director. A sample application form is as follows:
Director of Neva LLC
From the accountant Selezneva A. Yu.
I ask to dismiss me from my position at my own request on July 14, 2011
Seleznev A. Yu. (Signed) July 01, 2011
This form is simple and informative, it contains the date of expiry of the warning and clearly stated the date of filing the document. An employee can write a letter of resignation in advance (six months, three months), this is not prohibited by law, although it is quite rare that this situation occurs in practice. As judicial practice shows, most controversial situations can be avoided if the employee and the employer clearly and in writing agree on their wishes.
Terms of dismissal
From the moment of registration of the application, the legislation establishes a period (two weeks) of 14 days, at the end of which the employee must receive a payment upon dismissal and a work record form with a corresponding record. For a variety of reasons, a former employee seeks to reduce this time. The task is solved easily in the case of mutual agreement of the parties (the employee and the employer). You can quit your job without working off by submitting a statement accordingly or by signing a separate agreement. The application for dismissal indicates the desired date of termination of the contract by the employee. If the leader puts his signature on it, the order is issued within the specified period.For the employee, the main task is to correctly justify the need for an urgent dismissal and the presence of a person who can begin to fulfill his duties in a short time. Objective reasons may include illness, urgent family circumstances, etc. If the head of the company does not agree with the employee’s arguments, then you will have to work out the time stipulated in article 80 of the Labor Code of the Russian Federation. Therefore, the question of how to quickly quit a job is relevant for many workers, especially for those who are afraid of missing a more promising place of work, which seems to them very attractive.
Calculations at dismissal
After the termination of the contract and the signing of the relevant order, the employee must receive all the necessary types of payment, compensation is also paid. In the event of dismissal, the accounting department produces payroll based on the actual time worked for the current month, regardless of the date of termination of work. As a rule, there are no problems with this type of payment, the calculation is made in the standard mode. Most often, accrual issues appear when compensating for unused vacation. When dismissing the calculation of this amount may cause controversy.Holiday pay is accrued to employees in accordance with Article 121 of the Labor Code of the Russian Federation annually, while many employees do not actually go on vacation at will or on the initiative of their immediate leader. Information about this payment is collected for the entire period of work, i.e. for each year, regardless of the fact of the use of leave. Compensation for dismissal is governed by article 127 of the LC RF. If, by occupation, an employee is entitled to additional (extraordinary) leave, his payment is governed by the internal regulatory documents of the enterprise and the decision of the management. In case of advance payments of vacation pay, this amount is deducted from the calculation. Other types of severance pay and compensation payments depend on the type of activity of the enterprise and the profession of the employee.
Sometimes the employer, when negotiating with the employee about the dismissal, in view of the specialist’s value, tries to interest him in more favorable working conditions and leave him at the enterprise. This may be a salary increase, career growth or a more responsible part of the work.At the same time, the remaining 14 days of working out remain for the employee to thoroughly consider the proposal of the management. The result is not always predictable, but most people, when thinking about the prospects for improvement and that they can stay in their own team, most often withdraw a previously written statement. This, as a rule, is done in two ways: either after the expiration of the term of 14 days, the employment contract remains in force by agreement of the parties, or an official document is written to declare the resignation letter invalid. A unified form of the document does not exist, so you can write it in any form. It is invested in the personal file of the employee, and the application for dismissal of its own accord loses legal force.
Regardless of the reason for leaving, the employee must behave very correctly and decently, leave a very good impression of himself and as a person, and as a specialist. To do this, you must follow a few basic rules. You can not go "nowhere", you must first find a place to work, go for an interview. If the future place is objectively more promising, then the team can be prepared for their care.Some employers are sympathetic to the fact that an employee is looking for a new place because they cannot provide prospects for further growth and development. Although the majority of managers and colleagues treat the person who is applying for resignation as a traitor.
It is possible that the bright prospects of working in a new position at a long-awaited place will remain dreams, therefore it should be very correct to communicate with management. No one is immune from mistakes, what if you have to return? When talking with the director, you need to use a maximum of arguments and a minimum of emotions. The reason for leaving should be formulated in such a way as not to affect the person's pride. It is best to start a conversation with thanks for the invaluable experience of working under his leadership. If you correctly formulate your request, you may be able to quit your job without working off. But at the same time it is necessary to provide justifications for the completeness of all their current affairs. If a diplomatic approach gave a positive result, then you can ask for recommendations for a new job.And then you can even sit down to write the book "How to quit right from work." The main rule: do not slam the door and shout about what a bad business it is, even if the employee’s dismissal is initiated by a manager, you must at least “save your face”.
How to quit a job in order not to break off friendly relations and be able to return? The recipe is simple - be open and friendly. The working team is a big family - if you explain it correctly, they will understand and support you. A prerequisite for dismissal is the surrender of all current projects, the completion of the work begun. It will be very good if an employee leads to his place a qualified specialist, whose training does not take much time. Then the working process will not suffer, which will be very much appreciated by the management of the enterprise and colleagues. After the submission of the letter of resignation and in the case of its signing by the director, it is necessary to notify all counterparties with which the working and personal contacts are established. This will help not to lose the useful connections and to set them up if necessary, it will also facilitate the work of the person who will work with them in the future.
The final stage
After receiving the full amount of the calculation and due compensation do not forget to warmly say goodbye to colleagues, a small tea party will leave pleasant memories. But in the bustle of the holiday you need to collect all the necessary documents. The employment record must contain a record of the termination of the employment contract on the initiative of the employee, i.e. Art. 80 of the Labor Code of the Russian Federation. If you manage to take a letter of recommendation from management, it will be very useful both for the employee and for the image of the company of the employer. In accounting, you must obtain a certificate in the form 2-NDFL (income tax) for the last 6 months. She will be needed at the new place of work for the calculation of sick leave or vacation. Do not strive to take with you everything that has been accumulated; colleagues will be grateful if you leave them and teach them to compile the developed summary tables or indicator charts.