Remote dismissal: advantages and disadvantages of the procedure.

28.04.2019

How to quit your job and why is it so important to do it right? Read the article.

If you had problems finding a vacancy, if you did not know, how to quit your job, if you had difficulty choosing a field of activity, this can only mean one thing: you are still not subscribed to the newsletter of articles from this most useful site.

It was not by chance that I started talking about topics that relate to work and career, because today we will touch on one of them.

I believe that everything should be done as well as possible.

It is necessary not only to start activities in a new place correctly, but also to part with the old team and boss without problems and scandal.

It is about how to quit, we will talk today.

Why is it so important to quit your job the right way?

Bosses, they are like girls from a stupid but popular song.

The bosses are different: black, white, red.

That is, someone was quite lucky with the boss, and someone got the true fiend of Hell.

And when you have a chance to escape from this demon (you find a new job), then an irresistible desire arises: to tell the bastard everything you think about him, and at the same time notify your colleagues about your "fe" about their obedience to the satrap .

This desire is quite understandable, but try to accumulate all your strength to drive it away.

The husband of one of my friends often repeats the phrase: “You need to leave so that you can always return.”

It seems to me that he is absolutely right, because you never know how your fate will turn, no one has canceled the boomerang law yet.

What if it doesn't work out for you in a new place?

What if you have to cooperate with the old?

And you have already burned all the bridges with no hope of their restoration.

Besides, try to look at this situation from the other side.

I once witnessed a disgusting picture of the departure of one of my colleagues, who did not know how to quit your job, so he threw a most disgusting scandal in the office.

He yelled, what idiots we all are, and what a scumbag our boss is.

It is clear that he seemed to himself a fighter against evil in a spotless cloak, but we saw only an ill-mannered loser with a bunch of complexes.

Mistakes of those who do not know how to quit their job


Not all people specifically try to leave by slamming the door louder.

For some, this comes naturally, because they simply do not know the rules for the ideal dismissal from work.

The most common mistakes when changing jobs look like this:

    The desire to break old ties in one fell swoop and at the same time to take revenge on everyone who made you feel bad or hurt during your work.

    And you just need to leave, and at the same time save face.

    It is a delusion that you can do without maintaining a good relationship with your former boss and colleagues.

    And what about the fact that you may well intersect with one of your colleagues at seminars, conferences, or anywhere else?

    The habit of telling nasty things about your old colleagues at a new place of work, about how much you had to endure while you worked in this branch of Hell.

    Particularly talented applicants begin to do this at the interview, and then they are surprised: “How is it that they didn’t take me ?!”.

    Unwillingness to defend their rights.

    You don’t need to scandal, but it’s necessary to talk (namely, talk, and not yell with a good obscenity) about compensating for unused vacation or about the timing of paying the rest of the salary.

    Manipulating a new job offer to get a pay raise or a management position.

    Idiots do not become bosses, so you will be seen through in a jiffy and provided with trouble.


It is quite simple to quit your job so as not to create problems for yourself or people.

The main thing is to follow these tips:

    Tell the first person that you are about to leave, namely the boss.

    Not half of the office in secret, but to his boss.

    It’s better to do it in private, and not shouting: “That’s it, goat, your dominance is over, I’m leaving for where they will love and respect me!” in front of the entire team.

    Remember that you must write a statement two weeks before leaving.

    Do not console yourself with the hope that you threw your application and after 5 minutes were released.

    A smart boss will be able to drink another bucket of your blood in these two weeks if you don’t resolve issues with him in an amicable way.

    Finish all your business.

    Do not leave tails for a new employee who comes to your place.

    Why do you need the curses that a newcomer will send trying to clear your blockages.

    Don't indulge your villainous instincts.

    Do not row paper clips, files, paper, push pins with both hands.

    Well, why do you need all this?

    To destroy with the help of unnecessary trash the remnants of self-respect?

    Don't get arrogant during the mandatory two-week work period.

    You don’t need to constantly be late and go home earlier, demonstrating with your behavior: “I don’t care, I almost don’t work here anymore.”

    See that you, as already almost unemployed here, are not paid the same salary for the last month.

    Leave gracefully, saying kind words to colleagues and boss.

    If this is accepted in your office, then you can even set a “waste” (set the table - this is a decoding for the slow-witted).

    Do not tell everyone in a row how good it will be for you, what prospects await you there.

    Hell, worse than the current one, may well await you there, and such stories will annoy colleagues and superiors.

  1. Remember that the results of your activities belong to the old office (unless otherwise stipulated by the contract), so you should not take these developments with you.
  2. Leave your work area clean.

    Clean out your desk drawers, throw away all unnecessary papers, and take your personal belongings with you.

    Leave with a smile on your face and gratitude to the people with whom you worked side by side, and to the boss, thanks to whom you had money for bread and butter.

    Even if there is nothing special to thank for, make an effort on yourself.

The tips in the video below will also be helpful.

Look, remember:

If you stick to these simple rules and avoid common mistakes, you will never feel ashamed of your actions again, as you did before when you did not know how to quit your job.

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Everything comes to an end at some point in life. So, for example, work is far from eternal. It seems that just recently you talked about what knowledge you have, as you are already writing a letter of resignation after working for several years. Many still do not know how to quit their job competently, beautifully, without conflicts and other consequences. Let's talk about this together in order to know all the "pitfalls" and know how to leave the workplace without conflict forever.

Some things everyone needs to know

Do you know how the dismissal process works? This topic is considered not the easiest for a person, especially if a person is inexperienced and not savvy in the psychological and legal aspects. Think about all these things, that even the main questions to yourself when deciding to quit your job.

What to do from the very beginning? First, you need to seriously consider your decision. Yes, working for your boss is not an easy task, rarely anyone likes it. In the process of work, a person encounters many difficulties that he may not solve on his own. The work teaches that everyone can solve these obstacles, be able to overcome them. Therefore, before you start writing a letter of resignation and notifying everyone about your departure, think carefully about whether you need it at all. There are no ideal professions and wonderful positions in life, unless, of course, this is your own business. Perhaps it is still worth staying at work and postponing your departure for some time. If you have firmly decided that it is time to look for another place, then answer all persuasions to stay - answer with a clear and clear refusal.

When should you let your boss know you're leaving? This is such a personal question that it can hardly be answered in the same way. Each person has completely different bosses who will perceive information differently. On the one hand, it would be wise to notify your boss about leaving 2-3 weeks before the specific date of the expected departure. So it will be easier to find a replacement for you and not create conflicts on this basis with other employees. On the other hand, 2 weeks is not such a huge period for which you can find an intelligent and experienced person for the position. It turns out that there is only one conclusion: the boss must be warned about the dismissal very first, do not delay this matter. Again, you need to think about what and how you will tell him, because the relationship with the boss means a lot. As a rule, it is hardly possible to leave good leaders, and they run away from bad ones. If you want to part peacefully and without conflicts, then conduct a conversation in such a way that the person understands you as a human being. In any case, it is worth notifying the boss about the dismissal at least a month in advance so that he is aware of your future plans.

What documents are needed for dismissal? The very first action is to write a letter of resignation in the written form that is accepted in your company where you work. Usually, the application remains in the personnel department, from where it is handed over to the boss. But you should play it safe and make two statements that must be certified by the secretary. Do not forget that the date of signing the application is required, such a fixation helps to notify the boss of exactly when you decided to leave your workplace. After 2 weeks, the boss will have to sign a decree on your dismissal. After that, you need to pick up all the documents in the personnel department, namely: work documents, work book, current account and memo. The amount of the last payments will include compensation for vacation pay that you did not spend. The final document seen is the document on the termination of the employment contract.

How do you tell your co-workers everything? The atmosphere in the team is very important thing. Such an atmosphere sets a person to the best. True, if one of the employees decides to quit his job, then conflicts in the team cannot be avoided. In the event that relations with colleagues are already tense and bad, then they do not need to be told anything at all. Very often gossip is born in such teams, and all the dogs will go down on the one who quit. But, of course, without saying goodbye to everyone, leaving work is somehow inconvenient. Therefore, you can just say “bye” to everyone, turn around and close the door behind you with a clear conscience. If the employees have a warm and good relationship, then they can be told about leaving a week before X-day. Let this be a period when there will be an adaptation to future rapid changes. In general, try to make your departure easy and painless for many, you never know, suddenly someone likes you very much.

What obstacles are sure to meet upon dismissal? By the way, more about what obstacles will be on the way to leaving:

  • many are likely to walk around dissatisfied because a valuable employee has made the decision to leave the job. Sometimes, such behavior of colleagues can result in real persecution of an irresponsible and "careless" colleague. Be prepared for anything, remain a morally stable person, live with the thought that everything will end very soon;
  • sometimes, in order to prevent the employee from being paid on time, and also so that half of the salary is not paid at all, the authorities persuade everyone so that the dismissal does not happen of their own free will. Here it is worth remembering that, regardless of care, it is necessary to work out 2 weeks, without being late, without skipping. Remember that a trade secret always remains with a person, even if he decides to leave his job;
  • payouts are often delayed. If the salary delay lasts more than two weeks, then it's time to contact the labor inspectorate, which many employers are very afraid of.

How to behave during a two-week working off? Suppose you have already submitted an application, it remains only to work out and you are free. The best thing you can do is to be as decent as possible with the whole team, to smile at the boss, as if nothing terrible is happening. It’s already not good for everyone that you leave the workplace, because you have to conduct an interview with a new employee, which you still need to get used to. In this case, it is very important to be a loyal and patient person. Sometimes, the boss can flare up so that he breaks down on you and starts yelling. Only calmness is needed here, console yourself with the fact that very soon you will no longer be in this company. As for work duties, they should be carried out in exactly the same way as it was before your firm decision to leave. Do everything so that even after the dismissal, the boss has a good opinion of you. Be a decent person.

When to start looking for a new job? Many are looking for a new job even before they begin to write a letter of resignation. Situations are different: someone is dissatisfied with his salary, and someone even thinks that he does not belong in this company. From the point of view of the ethical question, the search for a new job, while there is still an old one, is incorrect and inappropriate. On the other hand, this is what many people do who are tired of an unloved workplace and want something new. That's why it should be held already when you have firmly decided to quit. Do not be shy and actively look through all job offers, vacancies, send and call, be more interested.

Step-by-step dismissal of a person, if this is the employee’s own desire

Everyone needs to know their rights under the Labor Code:

  • the employee may well terminate the employment contract by notifying his superiors about this in advance, about a couple of weeks in advance, it is important to write a statement only in writing;
  • the contract is terminated before the expiration of the term, but there should already be mutual consent of the boss and the resigning person;
  • the employee can terminate the contract by notifying the boss in advance of his departure, the application must be written by hand;
  • as soon as the term expires, the employee can safely leave the workplace;
  • on the last day of the working day, the boss must make the final payment to the resigned employee and hand over all the documents.

An example of a short dismissal scheme:

  1. Writing a letter of resignation.
  2. Two week work.
  3. Termination of the contract and settlement.

How not to quit: the most common mistakes

  1. If you do not know where I will go to work next, have not yet found a new place. Rest is, of course, great, everyone loves to do this. But a very long break will alert the next employer, and he will ask you why there was such a long pause after the dismissal. Companies generally don't like this. And anyway, how can you leave work and not make sure that there is a new one?
  2. If care falls on vacation or holidays. This is called the off season, when looking for another job is simply not possible. On holidays, you can hardly find an employer who will agree to interview you and review your resume. Vacation time is also not the best period to look for a new job. Here you need to act quickly already during the working off, every day counts.
  3. If the campaign paid for employee training. In cases of dismissal, as a rule, the organization can impose penalties on its employee if he decides to leave his job, studying for the company's money. The fine will be the same amount that the organization spent on training. In other words, do not initially seek for yourself that job, the duties of which include paid staff training.

What if the boss refuses to sign the resignation letter?

Such cases are extremely rare, but suddenly this is your situation.

  1. A copy of the application must be registered with the Human Resources Department by the Chief Secretary.
  2. The copy must be dated, signed and numbered so that the application is not lost.
  3. The absence of a dismissal order after 2 weeks is a bold appeal by an employee to the prosecutor's office.
  4. You can use the post office and send your application by registered mail. Follow all stamps.

How to quit your job so you don't have to work?

There is a moment when a person does not want and cannot work for 2 whole weeks - all this is provided for by law. The first thing to do is to talk to the boss about not working, and if he agrees, you can be a free person. Second, you can take a vacation with subsequent dismissal. If everything works out, then there will be a calculation for all parameters on the last day of the vacation. Very often, many try to do just that, because during the holidays you can safely look for a new job. Third, transfer to another place of work without interruption in labor activity. By the way, if a person is on probation, then he himself can quit without working.

  1. Choose the right time to leave. Having made the whole plan, prepared a report, closed all debts, make a decision to leave. It's better not to leave behind jambs.
  2. An honest conversation about the reasons for dismissal. Don't be afraid to tell your boss why you decided to leave. Whether it's a small salary, the search for a new attractive position or something else. It is important to talk directly with your boss about what you are not comfortable with. Again, tact and a respectful manner of speaking are important.
  3. Take absolutely everything you earn. Before you leave, you need to make sure that all payments and compensations in addition to wages have been accrued. Only in this case there will be no excitement and tension.
  4. Always respect confidentiality. Don't tell everyone that you've made the decision to quit. It doesn't need to be known to many people. The less you talk about it, the better.
  5. Well say goodbye. Slamming the door and not saying goodbye to everyone is a terrible dismissal. It is best to do it differently: thank all your colleagues, your beloved boss. It is very important to express gratitude and appreciation to everyone. It will be great if you prepare a farewell table with food and drinks. It will be very touching if letters with further wishes and goodbyes are sent to everyone, but you will forever be remembered as a valuable and kind employee.
  6. Consider people's reactions to being fired. A good boss, having learned about the unpleasant news, will begin to say that he appreciates you very much, that he will be sorry to part with such a professional employee. The most important thing here is to respect the decision of the second person. If the boss reacts negatively, then this is his negative trait. It is worth trying to explain to the boss the reason for your departure. If the blame is shifted on you, then do not allow it to be done, you have absolutely nothing to do with it.
  7. Leave smoothly. In no case do not slam the door, do not quarrel with the team, do not say unpleasant words to the boss. Many do the wrong thing, aggravating the situation between themselves and colleagues. As a result, leaving is fast, negative, irritated and unpleasant. Don't let things happen this way. Be above all this, leave with dignity.
  8. Job transfer. It will be great if you find yourself a worthy replacement. Allocate free time for this to write to a person who needs a job, having taught him in advance all the points that are necessary during the work process. In general, the replacement is the most optimal thing that can be. After all, the boss, having learned that there is already a professional person in your place, will only be delighted.
  9. Maintaining relationships. It is not at all necessary to break off all relations with colleagues and even with the boss. You can keep in touch after the dismissal, meet, share information. By the way, this is how friends are made. Remember that maintaining a warm and kind relationship is the most important thing. If you have taken root in the team, and many people love you, then why not call up, not meet all together on a day off? After all, this is called beautiful care at work. But no one has yet canceled friendships.

Quitting your job isn't that hard. It is much more difficult to get the approval of the boss. Not everything in the world lasts forever, everything tends to end. At some point the work will end. Consider all the points, be a more attentive and tactful person. Make your departure from work memorable, that every employee knew you and remembered you for a very long time with the boss.

Most employees think about quitting once a day. That's the statistics. The reasons for wanting to quit can be different, ranging from mobbing (psychological pressure) and professional burnout ending with dissatisfaction with wages and the impossibility of further career growth. In general, no matter what was the reason to change one company to another, the decision is made. The question arises - how to quit?

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

Turn off 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 rash step that can cost you dearly.

A person who does not know how to quit his job properly and generally doubts that is it worth changing jobs?, experts warn against communicating with colleagues and supervisors 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 relatives and friends, but not like not with employees, and even more so not with the boss.

When the decision to quit is made, the first person to know about it should be your boss. You should not share this information with colleagues, it can reach management in a distorted form. When preparing for an important conversation, remember that about half the time, the employer will convince you to stay with the company, offer a raise in salary and change the list of duties. Therefore, it is worthwhile to think over the answer to the counteroffer 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 applying for a job.

The professional world is small, so when you quit, try to be as correct, friendly and responsible as possible. If during your work the leader treated you with delicacy and understanding, shared his experience, do not forget to thank him. 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 is not to substitute the company. You need to give your employer an opportunity to prepare for your departure. Complete projects that have been started, help colleagues who will work on your site (perhaps recommend a good specialist for their place, if there is one among your friends). All this in the future will allow you to contact them with a clear conscience, if necessary in the future.

Remember how your boss acts when dismissing employees. If the separation is amicable, announce the dismissal in advance. If your boss has a habit of terrorizing quitting employees, don't gloom over your last days at the workplace. Give immediate notice of your dismissal 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 this. Keep in mind that information about how a parting with an employee happened is spreading very quickly in the labor market. Therefore, it is important to leave only pleasant impressions about yourself (both with the authorities and in general in the team), and unnecessary emotions can damage your reputation as an employee. In no case do not splash out all the accumulated negativity, you should not express in your face everything that has become painful over the years of work. Do everything to smile when meeting with former colleagues and boldly look into their eyes, and not pretend to be strangers. Maintain relationships with employees from the previous workplace. You will be able to share useful professional experience, and if necessary, they can recommend you for a new job.

How to quit your job - technical points

Nine out of ten layoffs are voluntary. This is official, but in reality it is not so simple. Behind this wording, there may be a reduction, and leaving by agreement of the parties, and even dismissal for hooliganism.

At work, they began to talk about layoffs. The boss calls the subordinate, makes a helpless gesture and asks to write a statement. So, it is categorically impossible to agree to this, otherwise you will lose your severance pay and other benefits. In the event that a person quits due to a reduction in staff, this is optimal for him from a financial point of view. 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 a two-month maintenance in the amount of the average monthly salary.

Another option is that the employer starts talking about layoffs, but the employee knows for sure that his staff unit will not be cut. It's just that the employer wants to take a new person to the vacant place and possibly reduce wages. In this case, experts advise to agree on an agreement between the parties and a mutually beneficial agreement. The agreement of the parties implies a document with the will of the two 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 believes that he could work, but the owners have a different opinion, although in principle they have nothing to be offended by this employee. And they offer him six salaries. In this case, the resigning person has the right to ask for more. But here the main thing is not to go too far.

It is beneficial for an employee to leave of his own free will 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 your own so as not to spoil the work book.

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

The boss does not want to lose valuable personnel and is stubborn about signing a letter of resignation. Then the employee has a direct road to the post office. It is necessary to send a registered letter with acknowledgment of receipt, and the date on which you submitted this postal item will already 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 inspectorate at the place of residence. If it doesn't help, then go to court.

Leave your old job in accordance with all the rules, then the changes will only be for the better.

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In the life of every person there comes a moment when you want to do something new and interesting for yourself, to realize the dreams of youth.

At this moment, a person has a choice to remain a gray worker in his place or to do what he loves, which will bring pleasure and income.

In addition to such situations, there are others that are associated with the preservation of social benefits. Then it is worth considering the laws of the Labor Code.

Before you shout after the boss “I'm leaving”, you should carefully consider the whole situation. Quit nicely - this does not mean that you tell your boss in the face about the sore.

This means that you will receive a minimum of time costs and a maximum of payments under an employment contract.

To quit of your own free will, you do not need to come up with a beautiful reason, you need to choose the most appropriate moment.

How to quit your job voluntarily:

  1. If the reason for the dismissal is a conflict with the management, then it is worth drawing up a document in two copies. Submit the first to the manager for approval, and send the second by registered mail. So there will be no claims regarding the loss of the application and dismissal under the article.
  2. It is better to apply on Friday. This will accurately determine the scope of the work, which lasts approximately 2 weeks after the application is submitted.
  3. If they let you go earlier, you should definitely find out the reason for such generosity. Such a gesture may be associated with material payments.
  4. It is worth calculating the indexation and severance pay in accordance with the provisions of the enterprise.
  5. At the time of completion of mining, it is worth returning all things, tools, equipment that was assigned to you at the time of work.

If you went on sick leave at the time of working off the due date, then communication regarding the termination of the employment contract and the return of the work book is carried out remotely.

What's the best way to leave without work?

The Labor Code provides for a working time of 2 weeks, when the employee has already signed a letter of resignation.

Working off is obligatory, therefore it cannot be avoided if there are no following nuances.

When you can leave without working out:

  • A pensioner who writes an application, but is already retired, does not need to work for 2 weeks.
  • You can go on maternity leave without any work. Even when writing a letter of resignation.
  • If a person quit due to enrolling in an educational institution or continuing his studies.
  • In the case of conscription into the army, working off is excluded from the requirements.
  • In case of violation of labor standards by the head, the employee can avoid a 2-week working off.

To avoid unnecessary questions, it is better to go on sick leave at the time of working off. This is beneficial both financially and documentary.

Attention! If there are problems or conflicts with superiors, then it is better to work for 2 weeks.

This will allow you to control the process of preparing documents and calculating payments.

You can avoid working off by agreeing with your superiors. In this situation, an appropriate document is drawn up.

How to decide and understand that it's time to quit

Changing jobs for people is not a whim, but a necessity. A change in the environment will not lead to professional burnout, relieve fatigue, and allow you to develop and grow in your career.

Note! If you do not leave your unloved job in time, then problems with physical and psychological health may arise.

Some people find it difficult to decide on a grand change in life. They need facts, arguments and evidence. There are many programs of psychologists who can argue the question.

How to know when it's time to quit:

The main reason Deciphering the reason for dismissal
Problems with superiors The constant dissatisfaction of the authorities, the leader will not allow the development of personality in this area.

It is worth highlighting the conflict early and not wasting time on work. There will be no career growth

Money enrichment If the work does not bring pleasure, but only brings money, then you should think about the transition.

Over time, employee performance will drop due to dissatisfaction

No growth When all the peaks have been reached, and career growth is not expected, then it is worth changing the field of activity.

Lack of career growth affects the quality of work performed

Rotten team Not a single ambitious person can develop normally and work in a bad team. Consider changing jobs
Monotone When functions are limited to a certain algorithm of actions, then it will not work for a long time according to it. It is worth changing the monotony for a creative activity

How to start looking for a new job

Quickly find a new job after being fired from the old one will not work. Be patient and consider all options. Maternity leave can also slow down the search for a new place.

There are a few tips to help you start your search for a new place, simplifying the process as much as possible. Order and organization in this matter will simplify the search.

How to organize a search:

  1. Do not rush anywhere to find a suitable occupation.
  2. Under the condition of material instability, you need to look for a job without leaving the previous one.
  3. In the search process, take into account your capabilities, skills and experience in certain areas of activity.
  4. You need to assess your potential in order to determine the desired position and field of activity.
  5. You need to prepare a resume, biography, necessary documents. The package of documents must be compiled qualitatively and correctly.
  6. You can search online or by contacting companies where you would like to work directly.
  7. You need to advertise that you are looking for a job with certain conditions.

It is worth knowing exactly the samp and krmp of this enterprise or company where you want to get a job.

Useful video

The employer does not fire at will - this situation is becoming more common, but employees sometimes do not know what to do after a refusal. This material discusses the rights of the employee and the consequences for the employer that prevents dismissal.

Legislation of the Russian Federation on the right of an employee to dismiss at his own request

The rights of an employee to work, free disposal of it and the inadmissibility of forced labor are enshrined in Art. 37 of the Constitution of the Russian Federation. Based on these norms, it is obvious that no employer should interfere with the exercise of the employee's right to dismiss on his own initiative, enshrined in Art. 77 and 80 of the Labor Code of the Russian Federation. Additional clarifications regarding dismissal of one’s own free will are given by the letter of Rostrud “On the procedure for dismissal ...” dated 05.09.2006 No. 1551-6.

What can an employer do if they don't want to fire an employee?

The employer does not have the right to prevent dismissal of his own free will, but in practice such cases occur, which means that possible situations need to be considered.

Refusal to accept an application

Art. 80 of the Labor Code defines the procedure for informing the employer about the employee's intention to quit. To do this, he informs the employer in writing about his desire at least 2 weeks in advance. At the same time, the Labor Code does not explain how exactly this message should reach the employer. Rostrud letter No. 1551-6 allows informing by post with notification or even by internal e-mail with an electronic signature. There are cases when the employer does not register a letter of resignation and then claims that he did not receive it. To avoid this, the employee can:

Non-issuance of documents

Another problem is the desire of the employer to impose on the employee a lot of "urgent" and "important" things that he must do before he receives the calculation and work book. At the same time, Art. 80 of the Labor Code of the Russian Federation states that after the expiration of the notice period for dismissal, the employee has the right not to go to work anymore, and the employer is obliged to issue him a work book and make a calculation. If the employee did not receive his payments and work book on time due to obstacles caused by the employer, then in accordance with paragraph 35 of the Decree of the Government of the Russian Federation “On work books” dated April 16, 2003 No. 225, he has the right to count on compensation in the amount of earnings for all the delay time. To obtain it, as well as to restore their rights related to dismissal of their own free will, the employee can go to court on the basis of Art. 391 of the Labor Code of the Russian Federation.

Additional responsibilities as an obstacle to dismissal

No additional duties assigned to the employee can serve as an obstacle to dismissal. But during the entire period of working out, the employee must fully fulfill his obligations, submit all required reports on time and be responsible for material values. Evasion from the performance of official functions can be a reason for imposing a disciplinary sanction or even dismissal on negative grounds provided for in Art. 81 of the Labor Code of the Russian Federation.

In conclusion, we say that the employer cannot legally prevent the dismissal of an employee. Otherwise, the employee has the right to defend his interests by any legal means, including in court.



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