Leaving your job can be a real liberation and the start of a better career. However, it is not so easy to leave work, you cannot pack your things, yell at your boss and leave the office in anger. No, you need to leave work with dignity and respect: in order not to burn bridges and leave a good impression. If you want to leave your job while minimizing damage and maintaining a good relationship with the firm, simply follow these steps.
Steps
Traditional exit from work
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Submit two weeks' notice. It shows respect. Remember, the firm is counting on you, and when you leave, someone new will need to be found. If the firm has a two-week notice policy, respect that.
- Even if there is no such policy, if you are one of four employees, imagine how long it will take the firm to find someone to fill your position.
- Don't present notice too much early. Again, you will have to think for yourself when it is best to do this. But if you know that in a few months you will be leaving work because you are going abroad or following a life partner to the other side of the country, do not mention it until the time is right, or you risk creating an uncomfortable work environment.
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Notify the boss. Unless something extraordinary has happened that has prevented you from having a one-to-one conversation with your boss, or if you are not working remotely, then you will need to get yourself together and tell him everything in person. Sending a letter or email will make you look weak, afraid of a serious conversation, or not wanting to find a few minutes to talk will be perceived as disrespectful to your boss. Here are some examples of things to say to your boss:
- The boss should be the first in the company to know about your dismissal. Don't tell a colleague, and no matter how close you are, don't do something stupid like posting a new job on Facebook or changing your LinkedIn profile until you've quit your current job.
- Dialogue should be concise and positive. If you've scheduled a meeting, get straight to the point. Tell your boss that you are leaving your position.
- Be polite when talking about the reasons for leaving. Don't tell your boss that you feel undervalued, overworked, or disgusted by the company culture.
- If you found new job, just say, “I found something that better fits my long-term goals,” or say that you have found a new job that allows you to focus more on an area of activity that interests you, such as teaching or training. If you haven't found a new job yet, say "I'm looking for new opportunities" or "It's better for me and my family."
- Thank your boss. Tell him that you enjoyed working at the firm and learned a lot. Be honest about how much you value your boss's efforts. No need to get mad. Be grateful, but don't be coy. You still came to quit.
- Ask your boss if you can refer to his recommendation when looking for jobs in the future. It may help your future career.
- Remember to stay professional. This is not the time to blather on the personal and professional problems you face at work. Remember, another potential employer may contact your boss to ask about you. So be honest and open.
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Be prepared to answer questions from your boss. He will almost never begin to nod, agree and wish good luck in all future endeavors. He will have questions about your decision to leave, maybe he will try to convince you to stay. If you're open to questions, you'll appear professional and serious, and the conversation will be easier. Here are a few things to be prepared for:
- You need a transfer plan. Your boss will ask how you plan to complete your current job, or if you have planned to hand over your job duties to someone else. Whatever plan you have, you need to show your boss that you have thought through how to make the transfer and will not leave the company.
- You need to know what you'll say if your boss makes a counteroffer. What will you do if your boss suddenly offers you a raise of 10% or even 20%? What if he offered to double his salary? If he really wants to keep you, can you refuse him? When thinking about what you would do in such a situation, think about the reasons for leaving.
- If the main reason for leaving was that you considered the salary insufficient, then the proposal of the boss should be carefully considered. But if you wanted to leave for some reason that had nothing to do with money, then do not be tempted to offer, otherwise you will continue to be unhappy.
- You need to know what you will say if your boss asks you to stay longer. If he needs you another week longer to complete a project, what do you say?
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Write a formal letter of resignation. This is what can be done and after conversation with the boss to make the dismissal look more formal. Before writing an application, you need to understand the culture of the firm. If you do not need to write a letter of resignation, then do not waste time on this, but if this is expected of you, respect it. br>
- Writing is an important part of the process of leaving a job because you write down your intention on paper. If you give your boss two weeks' notice and you have the relevant proof, he will not be able to require you to stay at the firm any longer.
- Write a letter to the name of the company and put the date. The date should be when you give the letter to your boss. This formality will help if there is any dispute about when the letter was written and received.
- Announce your decision to leave. Write “this is my formal notice that I (name) am leaving (position) at (firm). In case of any questions, it is important to formulate everything clearly and straightforwardly.
- Write the date you will leave. Write "I am submitting my two weeks notice of departure today (date)." If you are submitting a notice for a longer period, please indicate it.
- Thank the firm. Write: "I appreciate all the opportunities that the firm has given me and wish the firm success in the future." This is important in order to leave a good impression.
- Sign the letter. At the end, write "respectfully," then your name and position.
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And after notifying the boss, continue to be a professional. Potential employers often call former bosses to ask about an employee. A gloomy departure will complicate your further employment. Once you've submitted your resignation letter, instead of daydreaming about the day you'll finally leave, get down to business and finish whatever you have left unfinished.
- During these two weeks, do whatever you are told. It's easy to relax or not want a replacement, but if your boss mentions this to your potential employer, it will make you look bad. So try to transfer all the responsibilities as best you can. Don't disappoint people by leaving without finishing your work.
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When your time at the firm finally comes to an end, leave politely and amicably. No need to throw things into a box and leave with anger. Instead, say goodbye to your boss and colleagues, say you'll be calling.
- After all, you have devoted a lot of time to the company, probably your colleagues are not completely strangers to you, so it’s better to really call.
- You can send a group email to colleagues, provide contact information, or even offer to get out somewhere, sit. If the relationship is really close.
- In the future, avoid saying anything negative about the former firm and colleagues. It can always come back and you won't look your best. And if the new employer hears your complaints about the old job, then in his eyes you will look like an ungrateful whiner.
Let them fire you
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Rate what works best for you:"get fired" or "leave yourself." “Being fired” does not mean at all to take the boss out so that he will sleep and see how to fire you. This means talking to your boss about leaving for the official reason "fired." By leaving for this reason, you are entitled to unemployment insurance and any other job loss benefits that you would have lost if you left of your own accord. Unemployment benefits are provided only to those who have been laid off.
- This method only works in special cases. For example, if you work for a company and there are so many responsibilities that you cannot cope. By talking frankly with your boss, you can get the firm to fire you on good terms.
- If you would like to choose this method, you must have a good reason for wanting to "get fired." This means that you have been of undoubted value to the company, but would like to get some free time and try a new venture or would like to spend more time with your family.
- This method only works if you are not moving to a new job. If you transfer, you will receive benefits and compensation in your new job.
- For this method to work, you must have a good relationship with your boss. He should know you well, understand your motives and be aware of the benefits you bring to the company.
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Talk to your boss about your position. This is difficult to do, but it will be better for both. After telling your boss that you want to leave, you must honestly admit that you want to be "fired." Here's what you need to do:
- Explain why you want to leave. Be honest. Maybe in your current position you have too many responsibilities and want to take a break or want to devote time to your own projects.
- Try to persuade the boss to let you go and not force you to quit. While you can't "ask" to be fired, it should come up in conversation. If you are close to your boss, he may offer to let you go, knowing that this will improve your situation.
- You have to understand that this takes away your control over the "date of departure". If you're trying to get fired, then you don't control the date it happens. It could be right away, or it could be much later.
- The letter of departure should be as concise as possible. Be tactful: do not blame anyone and offend.
You need an action plan: what will you do when you leave your job? Deciding that you will definitely leave work, make a solid plan of action so as not to be left with nothing. Ideally, you need to leave work only after finding another one. Being unemployed is harder to find something.
If you decide to change jobs, it is important to follow all the formalities. One of them is mandatory. Let us consider in more detail when the employer's requirements are legitimate, and when they can be avoided and quit without working off.
Is it mandatory to work out in 2 weeks upon dismissal
According to the Labor Code of the Russian Federation, the employee is obliged to notify the management of his departure 2 weeks before the dismissal. During this time, the employer will be able to find a worthy candidate, and the worker will be able to transfer all cases in full. "Working out" implies that the employee must notify of his departure, pick up documents and receive all payments. Sometimes an employee is unable to complete a mandatory period of time. For example, if he wrote a statement, and then went on sick leave for a period of more than two weeks. The employer does not have the right to make any demands. The working period is not always two weeks; you can notify the employer 3 days in advance if:- The probationary period has not ended, the employee has decided to quit, or the employer is not satisfied with the professional qualities and skills of the candidate. The condition is met if the employment contract is concluded for a period of up to three months. This is seasonal work. The employee must notify the administration three days in advance, if the initiative comes from the company, then it is necessary to give the notice to the employee seven days in advance. The employment contract is concluded for a period not exceeding two months. Usually in such cases we are talking about the liquidation or closure of the IP.
How to quickly quit without working off, without a good reason
The employee is not required to work if the management violated the requirements of the Labor Code. Non-payment or delay of wages are not. In such a situation, it is worth writing a complaint to the trade union, the labor commission. The competent authority conducts an audit on the results of which a decision is made. If a violation is recorded, the employer will pay a fine. The best option is if the subordinate and the employer agree on dismissal by agreement of the parties. The Labor Code does not stipulate mandatory working off or immediate termination of cooperation in such situations. The parties independently agree on the conditions for the termination of employment relations. Even if good relations have not developed with the management, you should not refuse this method of breaking off labor relations. As practice shows, not every director wants to endure an unpleasant person in the state. Management often makes a big mistake if an employee leaves by agreement of the parties. They require a letter of resignation. This document is not needed, as the initiative may come from management. Employers are also trying to change the conditions of dismissal: they force them to submit a report, complete a series of assignments, or work for several days. These actions are also illegal.Dismissal without working off according to the Labor Code - a list of cases when working off is not needed
In Art. 81 of the Labor Code lists all exceptions to the general rule. An employee may not work the due date if:- enrolled in a university or general education institution for a bachelor's or master's full-time department; retires; violated the Labor Code, local labor laws and the collective agreement; he or his spouse (s) are moving to another city/country for work; changes the place of residence for medical reasons; caring for a family member, child, disabled person.
The exception also includes pregnant women and mothers with a disabled person, a child under 14 years old. In this case, a copy of the birth certificate, medical certificate or any other document confirming the status of the child is attached to the application. If we are talking about caring for a family member with a disability, then as supporting documents you can attach:
- a certificate from the housing office on the residence of relatives with you; copies of passports with the same registration; a copy of the medical report, and in the application to prescribe that the person needs your care.
Quit of your own free will
The best way to quit your job without working off is to take advantage of the accumulated vacation days. Every officially employed citizen has the right to a certain amount of days of paid vacation. Minimum - two weeks, maximum - 56 days. The employee writes a statement in which he indicates that he will quit immediately after the vacation. Since the application for leave is supposed to be written at least a month in advance, the requirements of the Labor Code are met. The advantages of this option are that the last day of work is the day of vacation, for which a person receives money. During this time, you can look for a new place. If the vacation has not yet been used, but it is due, then the employee is paid compensation. This rule applies even to minors and pregnant women. If an employee has not rested for two years in a row, then he can take legal leave, and receive money for the second. You won’t be able to “walk away” two holidays. If a person falls ill during the rest period, then, if there is a sick leave, the vacation can be postponed or extended for a few more days. To take unpaid leave without giving reasons before dismissal have the right:- veterans of the Great Patriotic War; working pensioners; the disabled; family members of military personnel.
Dismissal at the initiative of management
It often happens that staff are fired due to staff reductions. According to Art. 81 of the Labor Code, the employer must notify about this two months in advance and pay compensation. Some managers are trying to "slope" from this responsibility and force subordinates to write statements at their expense. This is illegal and such a dismissal can be challenged in court. Otherwise, a person is deprived of the right to receive monetary compensation in double size.
What documents will need to be presented
The employee must write an application addressed to the employer. It should contain the following information:- position and full name of the head; position and full name of the authorized person; name of the employer, structural unit, if we are talking about a large enterprise.
How to quit your job without working off - step by step instructions
If the employee does not have good relations with the management or there is no good reason, it is quite difficult to quit without working off, but it is possible. Let's consider in more detail the algorithm of actions. Make a decision to leave The first step is to make a firm decision to change jobs. It is best to choose a new springboard for activity in advance than to go nowhere. Write a letter of resignation Write an application according to the model with the obligatory indication of the conditions for leaving without working off. The document is drawn up in two copies. The first is transferred to the employer, and the second is certified by the office. It remains with the employee and, in the event of a dispute, will serve as evidence of compliance with the law.
What to do if the boss does not let go from work without a two-week working off
If there are good reasons for dismissal without working off, the employer does not have the right to deny this right to the employee. In practice, such situations occur frequently. In this case, it is better to contact the trade union or the Labor Commission. If the employee still wants to come to a peaceful solution, then he can offer a replacement instead of himself. If the employer is satisfied with this option, then the employment contract may be terminated on the day the application is signed. If it was not possible to reach a consensus, we will have to move to higher bodies. For example, to the labor inspectorate. This government agency accepts the application, both in person and by mail, in electronic form. You need to “sneak” into the inspection of the region in which the company is registered. In extreme cases, you should write an application to the court. Proceedings can take several months. If we are talking about self-defense of labor rights, then these measures will be justified. After a decision is made in favor of the plaintiff, the employer is obliged to reinstate the former employee, calculate and pay him compensation for downtime.
How to quit without working off and without undesirable consequences? Often, when changing jobs, a person first finds a new place, and then wants to quickly quit his job without working off. In this situation, it seems that there are no problems, but, following the labor code, you need to know that the question will definitely arise whether it is possible to quit without working out for a period of two weeks.
What to do in this situation?
In such a situation, the employer understands that you are not at all interested in your current job and you are already in a new place with all your thoughts, but there is a law that states that an employee, after writing a letter of resignation, must work for another two weeks. Maybe you haven't read it, but you've heard of it somewhere. In fact, two weeks are provided so that the employer can calmly calculate the employee who is leaving, and have the opportunity to find an employee for the vacant position.
Situations are different, perhaps you will even be persuaded to think and stay. Much depends on how good relations you have developed in the team. There are employees who show good results throughout their activities and are considered good employees, and there are employees who go to work insofar as. Accordingly, employers have different attitudes towards employees. Therefore, the process of dismissal can develop in different ways. Of course, the reason for the dismissal plays a key role in this matter.
If you wrote a letter of resignation and you need to work for two weeks, but you stopped going to work, then the employer can safely fire you without working off. It will be considered that you skipped work. So how to be?
Situations when you can quit without working
Dismissal due to reduction or in the case when the organization ceased its activities, goes a little differently.
The employer must notify the employee 2 months in advance of the situation so that he has the opportunity to find a new job for himself.
It is possible to write a letter of resignation without working out in the following cases:
If you are a pensioner, if you are a student, if you are about to change your place of residence, if your spouse is forced to change their place of residence on duty, if violations of the terms of an employment contract or legislation are revealed by the employer.
Usually, the application states the reason "...of one's own free will", but in the above cases, a specific reason must be indicated, with the exception of the last option. In the latter case, you must first obtain the appropriate document. If after that the employer does not fire you one day, then he will face a fine.
There are cases when it is possible to work only three days:
- if you are still on probation;
- if your job is temporary;
- if your job is seasonal.
A probationary period is needed not only so that the employer is convinced that the employee is suitable for him, but also so that the employee can understand whether he wants to work in such a job. When a person passes a probationary period at some enterprise, an agreement must be concluded for the probationary period. Only after the conclusion of such an agreement can you leave your work book at the enterprise.
You can not leave a book without an agreement, and then, accordingly, neither you nor the employer assume any obligations. If the contract is not concluded, then you can inform the employer about your desire to stop going to work and not go out the very next day.
What are your actions?
The concept of "working off" is how employees are used to perceive the situation during the dismissal. The labor code states that an employee must notify management two weeks before dismissal. Having warned the boss, you can take sick leave and after two weeks you no longer go to work.
After you have announced your dismissal, you have an obligation to the employer for another two weeks. In such a situation, it does not matter whether you actually went to work.
It is worth noting that you can indicate various reasons for dismissal in the application.
The employer has the right to dismiss you immediately by signing the application and handing over the documents. There are a number of reasons that an employee may consider valid, in addition to those listed above.
The labor code states that there are a number of reasons that can be regarded as valid, but they are not specified. The final decision on working off will be made by the employer.
The most common reasons that can be considered valid:
- if the employee can no longer perform his job for health reasons;
- if the employee was called up for military service;
- if the employee needs to take care of a child under 14;
- if the employee needs to take care of a disabled child under 18;
- if a family member needs care,
- if the employee is pregnant.
You can guess and write a statement before the vacation, saying that after the vacation you will no longer go to work. But then the vacation should be at least two weeks. In this situation, you will fully fulfill your obligations, as you will notify the employer two weeks in advance, as expected. Recall that an application for leave, in accordance with the labor code, must be submitted 1 month in advance.
Regarding vacations, do not forget that upon dismissal, an employee has the right to compensation for vacation if more than 6 months have passed since the date of employment, but you have not gone on vacation yet. Usually, minors and pregnant women are not supposed to take compensation, they can only take vacations. But in the case of dismissal, both minors and pregnant women are entitled to compensation for unused vacation.
If an employee falls ill during a vacation and receives a sick leave, then the vacation period is extended for the duration of the illness on a sick leave. That is, if, for example, you have a vacation from July 01 to July 15, and on July 03 you fell ill and applied for a sick leave, which was closed only on July 10 (sick for 8 days), then you can go to work on July 22 (for 8 days later). Of course, it is necessary to warn the employer about the current situation by giving him a sick leave.
Many people simply sit at home during the illness, and then do not receive wages for the days they missed. According to the law, if you decide to do this and not take sick leave, you must write an application for unpaid leave, which will indicate a good reason why you needed this leave. Otherwise, your actions may be regarded as absenteeism, and then you are threatened with dismissal.
In the absence of a good reason to take a vacation at their own expense can:
- WWII veterans;
- pensioners;
- disabled people;
- spouses and parents of military personnel;
- spouses and parents of those killed during military service;
- an employee whose loved one has died, as well as in the event of a marriage or the birth of a child.
In general, a period of two weeks plays a very important role. During this time, the employee has the opportunity to change his decision on the issue of dismissal. This is a perfectly legal right. In such a situation, you must withdraw your letter of resignation.
What if you change your mind?
If suddenly you change your mind, but the employer in response reports that he has already invited another employee to whom he already has obligations. Such responses are not legally binding and you can insist that you stay. The agreement signed between the new employee and the employer has legal force. If the employer refuses to provide you with written evidence that your position is already taken, you may request a written waiver stating the reasons why the employer cannot reserve the position for you.
It is noticed that the courts are increasingly taking the side of the worker. If, after all the procedures, you were reinstated by a court decision, then the employer is obliged to pay wages for the entire period during which the proceedings were conducted.
When the dismissal process goes on as usual, you need to know that on the last day of the employee’s work, the employer must calculate it and issue a work book. The calculation amount includes not only wages for the last worked period of time, but also vacation pay and compensation, if provided.
If suddenly the employer delays payments, then for each day of delay he must pay an amount equal to the average daily wage of the employee.
Similarly, if the employer delays the issuance of a work book. If you did not get your work book back, you must go to court before one month has passed from the date of dismissal.
Most of us do not consider it necessary to spend our time and energy on various proceedings. But situations are different, and we must understand our rights. The situations described in this work are informative in nature, and you already have to decide how you will act. Do not forget about the human factor. Perhaps in years you will decide to return to your previous job, so you should not part with employers on a "sad note". You will work in other places and think that you like this job more than others - after all, everything is known in comparison.
According to the Labor Code of the Russian Federation, in some cases, an employer can initiate a termination of an agreement with an employee. Sometimes the termination of such relations occurs by mutual aspiration with the wording "by agreement of the parties." The most common reason for completing an activity is the desire of the employee. How to quit on your own, observing all the legal subtleties? And what to do when the employer does not let go?
Time frames and procedure for dismissal
The employee shall give written notice of at least 14 days' notice of voluntary resignation. The trainee is obliged to declare the planned departure no later than 3 days in advance, the head or sports coach - one month in advance. If the application is submitted, for example, today, the processing starts tomorrow. However, by agreement of the parties, the statutory period before parting may be shorter.
With documentary evidence, persons enrolled in educational institutions or who have changed their place of residence can quit without working off. The same right applies to pensioners, people caring for the disabled of the first group. The obligation to remain temporarily on site is also removed if the employer has violated the terms of the collective agreement. Important: the fact of non-observance of the rights of the employee must be recorded by the court, the labor dispute commission, the trade union or the labor inspectorate.
How to quit on your own? The procedure is as follows:
- Writing a resignation letter. For the entire period of notice, the employee retains the right to revoke the document.
- Preparation by the personnel department of the dismissal order in accordance with the form No. T-8 (8a). The document must contain the details of the application and a reference to clause 3 of part 1 of article 77 of the Labor Code.
- Familiarization with the order of the employee, confirmation of which will be a painting. 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, certificates (2-NDFL, on wages, insurance premiums) can also be provided.
On the last day of work, a financial settlement is made. If the employee was not on site, 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 stipulated 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 T-61.
You can calculate the amount of compensation for unused vacation yourself using.
How to write and submit a resignation letter?
There is no standard application form, but it is still drawn up according to the rules. The document drawn up to the head of the organization must indicate the full name and position of the employee who wants to leave. Then they ask to dismiss “of their own free will” and write what date it needs to be done. The reason for leaving is indicated only in the case when they apply for dismissal without working off. At the request of the personnel service, such a statement will need to be supported by relevant documents. For example, it can be a copy of a passport with an extract mark and a departure sheet, a medical report, and so on. At the end of the document indicate the date of its compilation, put a signature.
It is better to hand over the application to the head 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 way to submit the document is by mail. They send the application by valuable letter, having previously filled in the inventory of the attachment (in 2 copies) and the notification of delivery 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 evidence of the fact that the papers were handed over. Important: the period of working off 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 person. 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. Settlement must be paid to him immediately after the presentation of such a requirement. This should happen either on the same or the next day. Within 10 days after the provision of sick leave, the organization is obliged to calculate temporary disability benefits. The appointed amount is issued on the next payday.
Dismissal at the initiative of the employee may occur before the vacation or during it. You can write a corresponding application for 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 off. In the application, the request for annual paid leave is supplemented with the phrase "with subsequent dismissal." The issuance of a work book and settlement with the employee must be made on the day preceding the start of the holiday. But to be listed as the date of dismissal, the papers will be the last vacation day. Important: if desired, the head may refuse to provide such rest, since the law does not oblige him to do so.
When submitting an application during a vacation, the employer cannot require the subordinate to urgently return to the enterprise. If two weeks of expected work fall on vacation, the employee will no longer have to appear on the spot. Both the money and the documents related to the dismissal, he must receive during the vacation period. It also happens that it is only partially possible to walk off the warning period. In this case, after the vacation, they go to work to spend the remaining days of a two-week working there. Further, the dismissal is carried out according to the standard procedure.
What to do when a 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 work and document management department of the organization. How to do this by mail has already been discussed earlier. Until the moment specified in the application, you should perform official duties in full. The right not to go to work appears when the notice period has expired.
Without receiving a work book, you can apply to the court with a demand for all days of delay in the issuance of documents to collect average earnings from the organization (paragraph 4 of part 1 of article 234). The employee is also entitled to compensation for non-pecuniary damage (paragraph 14 of part 1 of article 21, article 237). The inaction of the head is subject to appeal in a court of general jurisdiction. It is possible to protect labor rights 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 of one's own free will. It is considered as such when another person wrote a statement for the employee or the document is completely absent. If a forgery is discovered, the employee should file a lawsuit with a demand to restore it, as well as a petition for a handwriting examination. If a conscientious leader wants to insure himself, 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 writing a statement under duress. It is difficult to prove that leaving a job was not dictated by one's own desire, but by pressure from the side of management, so winning cases of this kind are rare. Procedural violations may be grounds for recognizing the dismissal as illegal. The disregard for the norms is sometimes evidenced by the discrepancy between the dates indicated in the application and the order.
Thus, so that in the future neither of the parties disputes the dismissal at will, one should strictly adhere to the letter of the law.
You received an attractive job offer and firmly decided to quit your current job. It would seem that the matter is small: inform the boss about it, write a letter of resignation, get paid - and hello, new life! But for some reason, your legs always carry you past the manager’s office, you put off a difficult conversation, you feel awkward in front of your colleagues…
How to quit your job with the least losses for your career and nervous system? Before you take the plunge, read the guidelines.
Leave beautifully
This situation is familiar to many: a new employer is already preparing a workplace for you, and the current one is not yet aware that the launch of a new project and a corporate celebration will take place without your participation. When and how to inform the manager about upcoming changes?
The first rule of good dismissal is not to burn bridges. Try to maintain a good relationship with colleagues and boss. Often a wide professional circle turns out to be narrow in reality, and it is likely that you will still meet with former colleagues and a leader. This is especially true for small towns.
A difficult conversation with the boss must be carried out face to face. If your office is an open space, then it is better to go to the meeting room: for the time being, colleagues should not know about your plans. How the conversation with the manager goes depends on many things: the working situation, your personal relationships, the situation in the team, etc.
Of course, it is better to talk about the reasons for leaving as sincerely as possible. However, no matter how much you want, do not tell the boss that you are not enthusiastic about his team management style, the work seems boring to you, and the salary is small. Diplomacy is a great thing: with its help, you can maintain good relations even in a very difficult situation. Explain that you received an interesting offer - the position is more serious, the salary is higher. Perhaps your family situation has changed and you can no longer go to the office on the other side of the city. Or maybe you are tired of constant overwork and feel emotionally burnt out. Such reasons must be told honestly, but at the same time delicately. Do not forget to add that you are very sorry to leave the team, but you are grateful for the experience gained during your work in the company.
An adequate leader will understand your motives, but be mentally prepared for a counteroffer. An increase in salary, a new position, an unscheduled vacation or an interesting business trip - in order to retain a valuable employee,. Leave or stay on new terms, it's up to you. The main thing is that the manager does not consider that you are manipulating him with the aim of promotion or salary.
Warn in advance
obliges the employee to notify about his dismissal of his own free will in 14 days, however, by agreement with the employer, this period can be reduced. But do you need it? On the contrary, for the sake of maintaining relations with superiors and getting good recommendations, it may be worth talking earlier, for example, not two, but three weeks before the dismissal. Thus, you will give the company more time to search for a new employee and calmly complete business. Your new employer, most likely, will understand your desire to finish what you started at the old place. In addition, you will show yourself as a responsible person.
Regardless of whether you have the opportunity to warn the manager about leaving early or not, try to ease the company's transition period - the time when you will no longer be at the workplace, and the new employee will not yet be up to date. If possible, complete current projects, turn in cases on time, and leave key contacts for the new employee. In a word, make life easier for the successor.
The last two weeks of work should not be perceived as something like a vacation - on the contrary, it is a kind of debriefing. Come on time, do not try to leave work early, because the last fourteen days are paid by the employer in the same way as all the previous ones.
Keep Traditions
On the last working day, you need not only to pick up the work book, but also to say goodbye to the team. Send an e-mail to your colleagues, thank them for their cooperation and kind attitude, because your work in the company has probably taught you something. Exchange contacts with key employees and with everyone who worked with you in the same department. Colleagues from the department can be presented with a small souvenir in memory of how you prepared reports together, launched projects or fought for clients.
In some teams, on the occasion of dismissal, it is customary to invite colleagues to a nearby cafe after work or treat them during a lunch break in the office. Do not break traditions and let your colleagues congratulate you on a new step in your career.
Know Your Rights
Unfortunately, the process of dismissal does not always go smoothly. It happens that the employer, having learned about the decision of the employee to quit, begins to behave like a feudal lord, trying to keep him. Various methods are used: from promises of mountains of gold and high positions to threats to fire them under the article or not to sign a letter of resignation.
But even in such situations, you should not get lost. As you know, serfdom in Russia was abolished 150 years ago, and you can quit without waiting for the signature of the head. To do this, you need to document the fact of filing a letter of resignation, either by transferring it to the head through the office in compliance with all formalities, or by sending it by registered mail with notification. The date of notification that the letter was delivered is the date of your notice of dismissal. After 14 days, the employer is obliged to issue you a work book and a calculation, which, among other things, should include compensation for unused vacation. Keep in mind that you can refuse it and take a vacation with subsequent dismissal. In this case, the last day of work in the company will be the last day of vacation.
But how to survive two weeks under pressure from the head offended by your "infidelity"? Do not succumb to provocations, do your job, strictly follow all paper formalities, do not be late and do not give a reason to make comments to you. In the most extreme case, a sick leave can help you out: while the employee is sick, two weeks of working off go on as usual.
Whatever your last days in the company, remember: before the expiration of the termination notice, the employee has the right to withdraw his application at any time. And although there is an opinion among both employees and employers that there is no way back for those who decide to leave the company, there are still exceptions.
