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How to safely quit your job. How to competently quit your job: at your own request, by agreement of the parties, at the initiative of the employer

How to safely quit your job. How to competently quit your job: at your own request, by agreement of the parties, at the initiative of the employer

23.02.2019

Question: I want to quit my job, but they won't let me go without work. I work on a rotational basis. Is it possible to quit without working 2 weeks? What article is there on this? labor code?

Official place of work, reflected in the entry in work book, at some point may be an obstacle to the implementation of new plans or the implementation of some urgent matters. The reason for this may not be fatigue or a "harmful boss", but anything. Sometimes, you don’t want to leave your work team at all, but you need to quit.

Moreover, you need to do this as soon as possible - quit without working for 2 weeks, which is what the Labor Code of the Russian Federation requires. This rule is regulated by articles Nos. 77, 78 and 80, which give the employee the right to terminate the employment contract on his own initiative after a written request. Notify the employer exactly two weeks before the desired date of departure.

It is obvious that the very fact of writing such a statement does not give the employee the long-awaited freedom from the employer and ahead of him are those very mandatory two weeks of working off.

There are indeed ways to quit without going through the due date. Moreover, for this you do not need to break the law or somehow "cunning". Everything is not so difficult, read and remember, this publication will give an exhaustive answer to this, for someone not just an important, but an urgent question.

Rights and obligations of an employee upon dismissal

First, some more theory. The term of working off - 14 days - keeps his account not from the moment of writing (and, importantly, signing by the head!) of the letter of resignation, but starting from the next day. You only need to count calendar days, regardless of the number of shifts in this period.

Legal dismissal after three days of work

Certain categories of employees are not subject to this obligation and may demand their dismissal within three days. These include company employees who are on probation (Article 71 of the Labor Code of the Russian Federation). The same list includes specialists with whom only a temporary (Article 292 of the Labor Code of the Russian Federation) or seasonal (Article 296 of the Labor Code of the Russian Federation) contract is concluded, the term of which is limited to two months. Representatives of these categories of employees have the right to leave work in the company three days after notifying the manager of this desire.

But force majeure happens and time cannot be turned back, what to do?

Do not neglect the opportunity to talk with the management about the early resignation of obligations. The employer has such a right - to dismiss without requiring working off. Article 77 mentioned above allows termination of the contract by agreement of both parties at any time.

This version is very real for an employee of a small private company in the absence of the need to complete a certain amount of work. If there is direct access to the person making such decisions, then it is worth talking directly. A tete-a-tete conversation, in which the employee can explain the motives for an early separation, can cause an understanding of the leader, who will meet the employee halfway. Received signature on the resignation letter own will- and you can start to say goodbye to colleagues, and the next morning forget the way to the office.

However, what to do when it is necessary to quit without working for two weeks, but the management does not want to delve into the essence and enter into the position of an employee? Strong arguments can be the so-called special circumstances. They will need to be described in the application and be ready to provide evidence or documentary evidence. Here you also need to indicate the desired term of dismissal. If the demand of the employee after filing this kind of application is ignored, he can apply to the court.

Other cases and "special circumstances" for the possibility of instant dismissal

On early termination the work process are eligible for applicants of educational institutions. This fact must be confirmed by a certificate of admission, which will be issued by the university. It is allowed to quit without work for people who have reached the retirement age, as well as for currently working pensioners and the disabled.

Conflict situation with the employer due to violation of the Labor Code and other regulatory legal acts describing the norms labor law, abuse of authority and other illegal actions is another weighty argument that obliges the employer to terminate the contract at a time convenient for the employee.

It is worth focusing on cases of salary delays, non-compliance with the deadlines for paying vacation pay (no later than three days before the start of the vacation), the absence of a properly equipped workplace - all this can become arguments for terminating the contract on the day that the employee himself indicates in the application.

Article 80 of the Labor Code of the Russian Federation will tell in more detail about the reasons for the early dismissal described above. It also describes opportunities to quit quickly in connection with other cases. However, any list of all possible circumstances that may be valid reasons for the dismissal of an employee at the desired time is not given in the Labor Code. Here, by-laws and established practice will become a guideline, which considers the following options to be respectful:

Quitting without working out is real various reasons related to circumstances in the family or sphere of personal life. The laws allow for such possibilities, but they will have to be documented, which may be difficult.
The reason for the early termination of work may be the relocation of the spouse for a long time to another region or country. A common case is a long business trip of a husband or wife, which entails the relocation of the entire family. This is a very good reason, which may be asked to be documented.
Undoubtedly, the legislation considers all cases of deterioration in the health of an employee to be valid, which entail the need to leave the region with confirmation of this fact by a medical report. An illness that prevents an employee from performing his duties is also included in the list of cases that do not require a two-week working off.
Having children will help you quit as soon as possible. It's about about families where there are children and adolescents under 14 years of age. Any parent of a large family who has three or more dependent children under 16 years of age can demand the earliest termination of an employment contract. Or the children in such a family have not reached the age of 18, provided that all of them are students of general educational institutions.
A good reason is caring for a disabled child or a sick family member, as well as a disabled person of the 1st group, which, as you might guess, must be confirmed by a medical report.
Pregnant women are exempted from mandatory work.

Vacation instead of work

Finally, to avoid being present at work on the days of the required working off, the presence of unused vacation days will allow. If a written application for such leave is agreed, then the last day of legal rest may become the day of dismissal.

Judgment or Peace?

What if suitable options are found that, according to the Labor Code, allow you to quit without working off a two-week period, but the management insists on such a need? Going to court would be the right move. At the same time, you should not count on the fact that the process will be quick, it usually lasts up to several months. It makes sense to look for ways to peacefully resolve the issue or work out the prescribed period. And as an option - offer a replacement.

As you can see, there are ways to quit quickly, and there are many of them; the best option would be to plan for the proposed changes and dismissal on general terms.

In order to move on, you need to say goodbye to the past. You have to quit your favorite job and say goodbye to the most best colleagues. How do you know when it's time to quit? What problems can arise during dismissal? How to maintain good relations with colleagues and superiors? Experts identify 15 points that will answer the question of how to quit your job properly without hurting yourself and others.

What is the right way to quit your job? We leave with our heads up

1. Leave before you feel like running away.

The decision to leave should not be spontaneous. Don't quit when you face the first problem. Any conflict must be resolved. You should only think about dismissal if the problem is systematic and you do not see ways to solve it. In this case, start browsing the vacancies. Don't wait until your working conditions become unbearable. Prepare ahead of time.

2. Take off your rose-colored glasses

Sometimes we feel like our employer underestimates us. There is an expectation that having changed jobs, we will start a new one, brilliant career. Maybe it will. But another option is also possible. It is necessary to sensibly evaluate yourself, your working conditions. For comparison, you can go to several interviews. You may not find anything better than that that you already have. Then you should think about upgrading your skills.

3. Keep the secret or open all the cards - the choice is yours

Answering the question of how to quit your job correctly, experts do not recommend informing your management and team about your intention until you find a new job. Even if you had a great relationship with your boss and employees, the moment you announce that you are planning to quit, you become a stranger among your own.

If you do not have prior arrangements with your future employer, it is best not to disclose your plans

4. Look for treasure at home

Let's pretend you're lucky. You work for a great company where every employee is valued. But you're not satisfied with the absence career development. You seem to have hit the ceiling and you have nowhere to grow further. In this case, before leaving, talk about your career with management. Competent leaders value people and seek to unlock their potential. Who knows, you might not have to quit. If a conversation with management does not satisfy you, dismissal will be a logical and justified step.

5. Break the news

If you are determined to leave, you need to get the news across to management and co-workers the right way. Don't delay this conversation. last moment. You will need time to transfer cases. The manager should learn about your decision from you, and not from your colleagues. Pick a quiet moment to talk to, when your boss isn't busy with urgent work. Think in advance how he can react to your decision, think over your reaction to his words. Play mentally several options for the development of the conversation. Then think about what you will say to your colleagues. What questions might you be asked. What will you answer

6. Let Go of Guilt

Often, the employee who quits feels guilty. The collective considers him a traitor who escapes. But in fact, everything is not so. Give up and don't get emotional. Let the dismissal process be correct. Inform about your intention to quit, transfer cases, save the accumulated information base, thank for the experience.

7. Hand over your cases

To make the process of leaving smoother and painless, both for you and for the company, competently transfer all your affairs.

Don't try to end up hurting the company. Organize all your work information

Prepare folder and job archives. Make the process of transferring cases as easy as possible for yourself and as clear as possible for those people to whom you will transfer cases.

8. Stay active until the end

Even the most responsible employees in the last days before being fired, they can afford to neglect their work. This is noticed by colleagues and management. It is better not to follow this pattern of behavior. Stay active until the end. Inform your customers and partners that you are leaving the company. Introduce them to the person to whom you are transferring cases. When transferring cases, do not forget to clarify the nuances of working with a particular client

9. Leave a successor

To save good relations after dismissal, you need to leave behind a successor. Most companies have a talent pool system. Your deputy will be able to painlessly take your place. If, for some reason, you do not have a deputy, prepare a successor for yourself in advance. Pass on your skills and knowledge to this person. Upon dismissal, you will be able to recommend this person to your place.

10. Don't burn bridges behind you.

No one knows how your career will turn out in another company. Many employers are comfortable with the issue of rehiring former employees. Therefore, you should not leave with a scandal, burning all bridges.

11. Protect your boundaries

Discuss with management a clear procedure for your dismissal. By adhering to the established agreements, you can save yourself from problems with obtaining a work book and salary. Many aspects of your dismissal depend on the head of the company. Clear agreements will help you avoid unpleasant situations.

12. Light a fire first

If the reason for your dismissal was professional burnout changing jobs won't help you. You will take your problems with you. To start new career you need to recover.

You must be in working condition - physically, mentally and socially. You can only go to work if you have the strength and the desire to look ahead.

13. Conquer the fear of the unknown

It is the fear of the unknown that keeps people working for years at a job they hate. Get rid of this fear. Focus on good expectations from a new job. If you quit in fear, your behavior will be nervous and tense. Decide why you are changing jobs. If you decide on the main criteria for future activities, then how to quit your job correctly will not be difficult for you.

14. Feedback

The moment everyone learns about your decision to quit, the attitude towards you may change. You will see how the people around you actually treated you. You can ask your colleagues and manager to tell you something about you. From the outside, all positive and negative traits. Do not take criticism to heart. Use the information received as motivation for development. People will talk not about who you are, but about how they perceived you. By listening to people's opinions, you can build stronger relationships with colleagues in your new workplace.

15. Leave on a positive note.

Try to leave on a positive note. You might want to throw a farewell party. Perhaps colleagues will arrange such an evening for you. It depends on the corporate ethics in a particular company. Even if you have very difficult relationship with the company, leave with positive mood. Any experience has value, even if the experience is negative.

How to decide to quit your job

Deciding to quit is a difficult step, no matter how problematic your current job may be. To make this decision easier for you, you can do the following:

Try the old proven way: write down all the pros and, most importantly, the cons of your current job. Sometimes you just need to see these arguments on paper - and the determination to act will immediately increase.
Look into the future, try to imagine yourself at this enterprise in five years. Honestly answer the question: what can I achieve in five years with the current state of affairs. Represented? Are you ready to spend five years of your life to get this picture? If not, it's time to change the situation right now.
Study the labor market. You can simply monitor vacancies, or you can leave a resume, go to several interviews. Without a backup option, it's hard to leave. Even extremely problematic, but stable work can seem better than the unknown. And things are completely different when you are already waiting in another company.

How to quit your job the right way

So you've made the decision to change jobs. It's time to act. There are two different mechanisms for dismissal: at the employee's own request or by agreement of the parties. The procedure is different in each case, but it always starts the same way: with the employee writing a letter of resignation. It is written in free form and strictly by hand.

On its basis, the management issues an order to dismiss the employee. The end date of the work is also written in the order.

The company must make the final settlement within the last business day. At the same time, the employee is issued his work book.

This is a general algorithm for how to competently quit your job. In particular cases, there are some subtleties.

How to quit your job on your own

“Resignation of one’s own free will” is a fairly common wording in statements. The key feature of this form of termination of the employment contract is the mandatory notification of the management two working weeks in advance. These two weeks begin from the day following the day of ACCEPTANCE of the application. Be careful, as this wording allows the authorities to keep you at work without accepting your application. In such a situation, the application must be registered with the secretary. It is also acceptable to send it by mail, registered mail with notification. This gives you documentary evidence of the acceptance of the application by the authorities, and no one can keep you at work longer than the due date.

The general procedure for this type of dismissal is as follows:

Writing an application
Work within two stipulated weeks (or a shorter period by agreement with the manager)
Output of the order, indicating the date of dismissal of the employee
Receipt of all due payments and return to the employee of his work book at the end of his employment

How to quit your job by agreement of the parties

The peculiarity of this dismissal option is the ability to stop working at any time that suits both you and the employer.

The procedure itself looks like this:

Writing an application (in the text we indicate the desired date of dismissal and prescribe that we propose to act in accordance with Article 77 of the Labor Code of the Russian Federation, it is she who regulates the dismissal option that interests us)
Drawing up an agreement on termination of the employment contract (here the date of dismissal, payments, bonuses, if any, etc.)
Issuing a dismissal order

This type of dismissal has a number of advantages, in particular, it allows you to maintain continuous work experience during the calendar month, and also guarantees a larger amount of payments if the employee enters the labor exchange.

How to quit your job quickly

Sometimes a two-week "development" becomes a stumbling block. Things are especially difficult if the atmosphere in the team is unfavorable. Not surprisingly, the resigning employee seeks to speed up the process of dismissal as much as possible.

Fortunately, not always the notorious two weeks are mandatory. By law, you have the right to notify management in just three days, provided that you:

seasonal worker
Fixed term worker
On probation

You also have the right to quit on the same day if:

retirement
admission to a university and the need to start studying
military recruitment

In addition, moving, caring for a sick relative, as well as the deterioration of your health can also cause an urgent dismissal.

If an employer violates labor laws, you also have the right to quit immediately.

Management delays salaries or pays it in full? You can safely quit at any time.

And, of course, you can negotiate the terms of dismissal with the management, in case of dismissal by the so-called consent of the parties.

If none of the above points apply to you, and working in a team for two weeks seems unbearable, there is always the last option: go on vacation or take sick leave. You must understand that labor law obliges you only to notify management two weeks before dismissal. Norms of any working off in the law are not spelled out.

How to quit your job remotely

There are situations when it is not possible to come to the management to sign the dismissal in person. In such cases, it is permissible to quit remotely. The procedure is generally identical to the standard dismissal process, with the exception of a few points:

You must notarize the signature on the application.
The application must be sent by mail, necessarily by registered mail with notification.
In response, a copy of the dismissal order with a seal is sent to the employee by registered mail, and a note is made in the original order that the letter was sent.
Work book at remote dismissal also sent to the employee by mail.

How to quit your job

If you no longer want to continue working in your current position, you should not delay laying off. But excessive haste will also not do you any good, because it is important not to forget about your own benefit.
When dismissing, it is necessary to take into account the peculiarities of work in each particular organization. These subtleties will help you understand how best to quit your job. For example, you should not quit on the eve of the holiday season if you are an employee in the tourism sector, because it is at this time that the highest earnings are made there. In addition, calculate when additional bonuses and bonuses will be due to you. Wait until you receive them before leaving.

You should not quit "nowhere": the "downtime" will be recorded in your work book and may raise questions from potential employers.

And, of course, you should not quit if the company you work for pays for your education. This can lead to serious fines.

How to quit your job without scandal

Finally, I would like to talk about dismissal from a purely human point of view. After all, it is important not only to quit your job correctly according to the law, but also to know how to do it without quarrels and scandals. Of course, dismissal in itself is not a pleasant process. But it is important in any situation to save face and know how to leave the company with dignity.

Remember, it is your boss who should be the first person in the company to know about your dismissal. If rumors about this reach him through third parties, a scandal may not be dispensed with. So do not be secretive with colleagues, and if you leave your resume on job sites, you should not indicate your last name and current position there.

If you are in a managerial position, it is best to notify your superiors of your intention to leave at least a month in advance. You should have time to hand over cases, and your management should have time to prepare a replacement for you.

It will be good if you yourself propose several candidates for your place and do your best to help prepare them.

The last two working weeks before dismissal are not a vacation, not a vacation, not a rest before a new job. These are full-time working days, and therefore you should not come to work later than usual, or vice versa, leave earlier. Treat your work with the same responsibility, show yourself as a professional.

No matter how difficult life in this team is, try to leave good memories of yourself with both colleagues and superiors. Life is unpredictable and you may still need help former colleagues. In addition, your future employer can always contact your current boss and ask for feedback on your work. Remember this, and don't slam the door before you leave.

According to the Russian labor law, an employee who decides to quit is obliged to work out the prescribed two weeks. But can you quit early? This rule has exceptions, as certain cases, and you can leave the organization immediately after applying.

By law, a person who decides to leave his job of his own free will must notify the manager of his decision to quit 14 days in advance. This term called processing.

The legislation also regulates other terms for dismissal. This may be in cases where a reduction procedure has been announced at the enterprise, then the employee is warned about this two months in advance.

The maximum period during which an employee must perform his duties (two weeks) can be reduced if he is initially accepted by the manager on special conditions. They should be written about. So, the special conditions are as follows:

According to , the employee was accepted as part of probationary period.
The person is designed to perform seasonal work. If the head decided to dismiss the employee, then he must be informed seven days before the issuance of the order.
The agreement was drawn up under Art. 292 TK Russian Federation and its duration does not exceed 2 months.

Observing the term, the employee must also fulfill his obligations related to leaving at his own request:

Notification of the head takes place in writing. The application is written 14 days before leaving, and in some cases - on the same day. Therefore, the timing may be different, it all depends on the circumstances.
The employee is obliged to receive a calculation and a document on labor activity.
Receipt.
Receiving severance pay. This type of payment is usually provided for by a collective agreement.

When processing is not required

Is it possible to be fired without work? There are times when an employee is allowed to be fired on the same day when applying. At the same time, the terms of the contract are not violated, and the employee does not deprive himself of the payments due to him. But if there is no reason not to work for 14 days, then you can ask your boss and spend the rest of the time at home.

This method is not without drawbacks, including the following points:

the employee is not entitled to compensation for unused vacation, as he uses it;
date of dismissal - in two weeks;
the boss may not release the person leaving on vacation for this time, the legislation gives the right to resolve such an issue precisely with the leadership.

You can bypass such a formality as working out, if available. If the resigning person has documentary evidence of the fact that his rights were violated by the management, then he, too, may not work for 2 weeks.

Art. 81 of the Labor Code of the Russian Federation provides for cases when an employee does not need to work 2 weeks after submitting an application. Let's call them:

retirement;
enrollment in the full-time department of higher education educational institution, in connection with which it is impossible to further extend labor activity;
violation of the law by the employee;
other cases.

Other cases include the following situations:

new job in another city;
moving the second of the spouses to work outside the country;
caring for a child up to the age of 14, a child with physical or mental disorders or for the sick;
care adopted child up to 14 years;
pregnancy.

Is it possible to quit in one day?

How to quit in one day? One-day dismissal is possible, but this practice is rare. More often, very quickly release those employees who are simply unreliable, for whom there are repeated violations of the employment contract.

There are also official grounds for leaving on the day of application, they are listed in the labor code. Some organizations in their collective agreements provide additional reasons to quit one day.

If the circumstances due to which a person would like to urgently leave work without working off do not fit under any paragraph 81 of article 81 of the Labor Code of the Russian Federation, then you can reconsider local acts the organization in which he works. Perhaps there are additional reasons that can be cited.

It should be understood that it is not always possible to get a settlement so quickly and immediately after notifying the authorities of your decision. Due to some circumstances, the management of the enterprise may need several days.

Registration procedure

The procedure for dismissal without working off the prescribed two weeks is no different from the standard process. Except it's going faster. The formatting looks like this:

submission of a written statement of resignation to the management of the enterprise;
issuance of a dismissal order;
settlement with the employee and transfer of all documents to him.

If the dismissal order is issued on the day the application is written, then sometimes you will have to wait with the issuance of documents and receipt of the calculation. However, the employer must make the payment no later than the next day after the dismissal of the employee.

Applying

To quit your job, you must submit to management. The document should display the fact that the employee wants to quit in 1 day. Besides, given fact requires documentary evidence.

Such data must contain an application for the dismissal of an employee:

position and name of the person who has the right to register these applications;
company name;
position and name of the initiator of this document;
the name of the structural unit in which the employee who is leaving works;
in the application itself, it is necessary to state the request to be dismissed from work;
the employee indicates that he wants to receive a calculation without working off;
reasons for this desire;
a list of papers that must be attached to the application, among which, in particular, there should be papers confirming the need for urgent dismissal;
when the whole process occurs with the agreement of the parties, then it is necessary to indicate their details;
at the end of the sheet, the date, signature and initials of the applicant are affixed.

The application is signed and submitted to the personnel department in the organization or directly to the management of the enterprise. When a document is accepted, an incoming number is affixed to it.

Issuing an order

Filling out a dismissal order does not differ much from the standard T-8 form. The only feature of such an order is that the date of its issue and the date of dismissal may coincide or differ by a day. Details and registration of the order are identical to other forms.

The order signed by the director is transferred to the accounting department for all accruals. The employee must also familiarize himself with the order of his dismissal, put his signature, which will mean consent to the entry of such information.

Enrollment in labor

It doesn’t matter if the employee works for the required 2 weeks or is fired in one day, the entry in the work book will be the same. The book contains the article on the basis of which the dismissal was made. It also includes an explanation.

The entry in the work book and the entry in the order regarding the employee must correspond to each other. They cannot be different. In addition to the entry on the page, there must be:

date of dismissal;
signature of the employee of the personnel department who made an entry in the work book;
Stamp of the company.

Employee benefits

The payments due to an employee upon dismissal with working off are identical to those that are issued upon leaving without working off. The main compensation consists of money that is paid for unused vacation. But on the condition that there is an unused part of it.

Some companies give extra money to pregnant women and retirees. You can find out whether there are such payments or not if you read the collective agreement or it may be indicated by the employment contract.

Additional payments are received by employees who leave their former place of work by agreement of the parties. In order to do this, you need to fix the exact amount of payments due to the employee in the document.

Thus, at your own request, you can quit in one day. But this requires certain circumstances provided by law. If they are confirmed, the employer is obliged to dismiss the employee on the day the application is submitted.