I wrote this material to acquaint you with how toquit voluntarilywithout any negative consequences, regardless of which category of employees you belong to: an ordinary employee or a manager of any link.
Russian legislation provides for a person's right to free labor. This means that everyone has the right to independently choose the type of labor activity (or not choose any - the Soviet norms on liability for parasitism have long been canceled), conclude and terminate an employment contract (contract). And one of the main grounds for termination is dismissal of one's own free will.
This article is devoted to how to properly arrange such a dismissal, and what you should pay attention to in this case.
○ Voluntary dismissal.
✔ TC on dismissal at will.
The current Labor Code of the Russian Federation (hereinafter for simplicity - the Labor Code of the Russian Federation) provides in Art. 77 list of grounds on which an employee can be dismissed. This list is open, but those grounds that are not included in it relate to rather rare professions and positions (such as judges, employees of the Investigative Committee or the prosecutor's office, officials of the municipal or state service), and therefore 11 points of this article are enough for the absolute majority of workers .
Specifically, paragraph 3 of Art. 77 of the Labor Code of the Russian Federation, which in turn gives a reference to Art. 80 of the same code. In essence, Art. 80 is all that an employee needs to know who wants to quit correctly and without any problems.
The dismissal procedure itself for workers who entered into an indefinite employment contract has not changed since 1992, when the Soviet Code of Labor Laws (Labor Code) of the RSFSR (later - the Russian Federation) of 1972 was still in force. However, the Labor Code of the Russian Federation, which has been in force since 2002, has significantly eased the position of employees on a fixed-term contract: now they can quit on general grounds without proving to the employer that they have good reasons for dismissal.
✔ What is the reason to write in the application?
The legislation does not describe in detail what reasons an employee may have for dismissal of their own free will. This is his personal business, which does not concern anyone. Even if he wants to quit because he does not have time to pet his beloved cat before work, he has the right to write a letter of resignation.
The reasons why an employee quits matter only for the so-called " working off"- the period during which the employee who submitted the application is obliged to continue working. As a general rule, such a period is set at least two weeks from the date of application. However, if the dismissal is due to valid reasons, working off is not required. As valid reasons, the Labor Code of the Russian Federation indicates the following:
- If the employee is unable to continue working (due to retirement, enrollment in an educational institution, etc.).
- If the employer seriously violates labor laws or contracts and agreements with a specific employee or team.
However, this list is not exhaustive, and by mutual agreement, the employee and the employer can do without observing the notice period for dismissal.
Validity of reasons for dismissal of one's own free will was required, as already mentioned, until 2002 for workers on a fixed-term employment contract, and also until 2010 - to maintain continuous work experience. At present, due to changes in pension legislation, continuous service has practically lost its significance for the appointment of pensions. Where it is still taken into account for receiving departmental benefits, only the gap between dismissal and new employment matters, and not the reasons for which the dismissal occurred.
✔ List of necessary conditions for dismissal on your own.
Strictly speaking, only one condition is necessary - the desire of the worker himself. Having warned the employer in advance and having worked for the required two weeks (or more if the application was submitted for a longer period before the expected date of dismissal), the employee has every right to stop any activity at the old enterprise and not show up there again.
None of the employer's requirements matter. If you are required to complete some work, pre-sign a bypass sheet, etc., and without this they threaten not to issue a work book - do not worry, but feel free to stop work. The law is on your side, and a recalcitrant employer can get into trouble by filing a complaint with the court or with a complaint to the prosecutor's office. Experience shows that this is more than enough.
✔ Step-by-step order / dismissal procedure.
So you've decided to quit. How should you act?
The first thing an employee needs to do is apply. The law does not establish any requirements for its form, but it will be easiest to use sample application which is easy to find on the Internet. The application is submitted to the employer, which is usually the head of the enterprise. Depending on the organization's internal regulations, an application can be submitted through the director's office, personnel department, etc. - the main thing is that in the end the application ends up with the head. If you work in a branch of the organization, then it is better to submit an application at the location of the head office.
Sometimes the dismissal is preceded by a conflict between the employee and the management of the enterprise. If you are afraid that the application will be lost or destroyed, in order to then fire you “under the article” (that is, for a gross violation of labor duties or discipline at the enterprise), then you need to insure yourself in advance. As a rule, it will be enough to write an application in two copies. Then one copy is transferred to the management of the enterprise, and on the second the personnel officer, secretary or other person who has the necessary authority in accordance with the internal rules of the organization puts a mark of acceptance: the date the application was received, the position indication, the signature with the transcript. A statement with such a mark will be reliable evidence in the event of a court case. If they refuse to put a mark, then the best way out is to send an application by registered mail with a notification and a description of the attachment. This is a long way (the letter will take at least three days), but it is absolutely reliable: the signature and date on the mail notification will clearly indicate that the letter was received on that day, and the inventory of the attachment marked by the post office in court will be proof that it was sent just a letter of resignation.
But the application has already been submitted. From that moment, in accordance with Art. 80 of the Labor Code of the Russian Federation, the notice period for dismissal begins to run. As already mentioned, it should be at least two weeks. In the same case, if the employee wishes to quit without working off, the employer has the right to demand documents confirming the grounds for early dismissal. If there are no such documents, two weeks will have to be worked out.
During the working period, the employee must perform his duties in accordance with the employment contract. Submitting a voluntary resignation letter will not prevent your employer from firing you for absenteeism or other violations, if any. However, in the event that an employee falls ill, the notice period is not interrupted. In this case, the employer is obliged to issue a dismissal order, make a calculation and issue a work book, even if the employee is on sick leave. If an employee cannot appear for work in person, then it can be sent by mail with his consent, or it will be issued after recovery.
It must be remembered that if you were a materially responsible person by position and were personally responsible for the safety of any property of the employer, you should return this property upon dismissal by signing the relevant documents - otherwise the management of the enterprise may hold you accountable. However, signing or not signing a bypass sheet and other internal documentation is not related to dismissal and only means that, if necessary, you will have to do this without being an employee of the enterprise. The management will still be obliged to issue a work book and carry out a full calculation.
After the period of working out has expired, the employee is obliged to stop his labor activity. If he continues to perform his duties and does not insist on dismissal, then according to the law, the employment contract is considered to be ongoing, and the entire dismissal procedure must be started anew.
In addition, during the entire term of the notice of dismissal, the employee has the right to withdraw his application and continue working. The only exception will be the case when another employee has already been invited to his place in the transfer order (Article 64 of the Labor Code of the Russian Federation). However, in this case, the new employee must be invited from his organization in writing, and the resigning employee must be familiar with this invitation and the consent that his future successor gave for the transfer.
✔ What record will be put in the labor?
It should be remembered that the work book is a rather strict document, and the outcome of possible disputes over the length of service and type of work often depends on the correctness of the entries made in it. Therefore, upon dismissal for any reason, including at their own request, the employee must ensure that the personnel officers of the enterprise make an entry in strict accordance with the Labor Code of the Russian Federation. The current instruction for filling out work books provides that the entry is made with reference to Art. 77 of the Labor Code of the Russian Federation - a general article providing for all grounds for dismissal, and not on Art. 80 of the Labor Code of the Russian Federation, which refers specifically to the dismissal at the initiative of the employee.
Therefore, the entry in the work book for the resigning person must contain a reference to paragraph 3 of Art. 77 of the Labor Code of the Russian Federation and the words "dismissed of their own free will" or "dismissed at the initiative of the employee." We emphasize again: in the labor instructions, Art. 80 of the Labor Code of the Russian Federation should not be! This is a very common mistake that is made in many HR departments, but due to its prevalence, it does not become acceptable.
In the event that, upon dismissal, you find that a mistake has nevertheless been made, you must demand that a new entry be made immediately: “The entry for the number ... (the number of the erroneous entry should be here) is invalid.” After that, personnel officers should already make the correct entry for the next serial number.
To finish the conversation about entries in the labor, let's pay attention to the fact that entries in the labor are made only in full words, without abbreviations. Therefore, it should not be written “p. 3 art. 77 of the Labor Code of the Russian Federation”, and “paragraph 3 of Article 77 of the Labor Code of the Russian Federation”.
In order for the dismissal of one's own free will to be as painless as possible for both parties and not negatively affect their future careers, there are a few simple rules:
- It is necessary to quit with careful observance of the procedure provided for by the Labor Code of the Russian Federation. It is also necessary to comply with the requirements stipulated by the internal documents of the organization - but only to the extent that does not contradict the law and only if you were familiarized with them against signature.
- If possible, conflicts with a former employer should be avoided. Of course, you need to protect your rights - but the job market is not that big, and your new boss can contact the old one. It is best to leave a good impression of yourself, and if for this you need to meet the former bosses in some way, it is better to do so.
- Carefully consider the return of tools, equipment, documents that you used at your previous job. The best option here is to transfer according to the inventory to a new employee who has come to your place, but if this is not the case, then to a representative of the company's management. In the event of a conflict, this will allow you to avoid accusations of embezzlement.
- During the period of working out, be as responsible as possible to your duties. There should not be any violations (lateness, absenteeism, etc.) - otherwise you can easily find a record of dismissal in the work book not at will, but at the initiative of the employer.
- Voluntary dismissal must be voluntary. In practice, there is a situation when the employer requires that the objectionable employee himself write a letter of resignation - in this case, it is not necessary to look for another reason for dismissal and pay severance pay. But such claims are completely illegal. If an employee is threatened that otherwise he will be “dismissed under the article” (that is, for any violation of the law or an employment contract), the employer thereby admits that he himself is preparing to violate the law. Illegal dismissal in this case, it will be possible to appeal in court, having achieved reinstatement at work. However, since it is extremely problematic to work with management in such a relationship, most employees seek through the court to change the wording for dismissal of their own free will and pay compensation for forced travel. In addition, the court may also recover compensation from the employer for non-pecuniary damage.
Before you burn bridges behind you and notify everyone that you are fired, think about how firm you are in your decision. Let's take a simple example. It is one thing when you have been working for several years in a company where you are constantly deceived, wages are delayed, they cannot distinguish between the duties of employees and are forced to do something that is completely uninteresting to you. And it’s completely different if you just got a job and realized that, in fact, it is very different from the picture that your imagination painted.
well think it over
There are practically no ideal positions - at least you need to grow up to them. And the boss is not always honest and fair. Or the work itself was not as interesting as you thought. In these cases, conduct a resistance analysis and consider whether there is any reason to stay in the workplace and adapt to the difficulties that have arisen.
Cause Analysis
Before you stun your boss with your decision to quit of your own free will, first understand the reasons. Firstly, it is necessary to understand what vacancy to look for next. Secondly, this is the only way to choose a way to part with your current job. You will have the opportunity to understand that the problem is not in what you are doing now, but in you, and a change in position and company will not solve anything.
Low salary
Most people cite this very reason for voluntarily leaving their previous job, although the real percentage of those who are dissatisfied with the salary is lower. Before you write your resignation letter, think about why you are being paid so little money. Maybe it's the general level of wages, which turned out to be below the market (in this particular company). But it often happens that an employee who does not work well is paid little. Or do you lack knowledge and skills?
New job offer
There will always be a better job than this one. And if you change it too often, it will alert HR managers. Therefore, before leaving for a new place, evaluate all the pros and cons of a future position.
Conflicts with the boss
Few people have such relationships with management that a mosquito will not undermine their noses. More often it happens the other way around: it seems to the employee that the manager requires him to perform duties that do not correspond to the job description. Then you need to analyze whether you have problems in order to obey and carry out the orders of other people. Maybe you react aggressively to the demands themselves, although they are justified.
In this regard, talking with someone who is on the opposite side, for example, with a person who holds a similar leadership position, is useful.
Climate in the team
Sometimes relationships don't work out with colleagues. Everyone quarrels, gossip and want to set up. Some part of the responsibility lies with the management of the organization, whose policies determine the organizational culture of the company. If you can't get along with any of your co-workers, maybe there's something wrong with your behavior too.
If the situation has begun to escalate recently, and this is due to some management decisions and working moments that you cannot influence, then dismissal will be an adequate way out. Although there may be a hidden trap in the form of low stress resistance and the inability to adapt to complex changing conditions.
The essence of the work
You have begun to realize that what you are doing no longer brings you satisfaction. More and more often, boredom and irritation become your usual companions during the working day. Perhaps this position was never interesting for you, and you perceived it as a staging post between idleness and a dream job. And then the desire to quit is justified.
You could "grow" out of this position and want more, which in this company they are not ready to give you (but this must be clarified by the boss). Another option, when you just get tired of stability: if calm has come in your professional area, you get bored. There can be two exits. The first is to look for a position in which you will be like a volcano, but you must have high stress resistance and flexibility. The second is to figure out why you quickly become bored with monotony and stability, which makes you change the situation.
When to notify your boss of your decision
You need to give two weeks' notice before your expected departure date so that he has time to find a replacement for you. But it is difficult to find an employee in such a short time.
Therefore, it is not necessary to delay the notification of the chief. Of course, it all depends on what kind of relationship you have with him. If you look into the eyes of harsh reality, it becomes clear that good leaders do not leave, which means that you have some kind of misunderstanding. You may not want to part amicably with your boss. It is not known how aggressive dismissal can affect your destiny. Therefore, if you have the strength and desire, try to behave decently towards the "future former" boss.
To do this, you need to warn him about the dismissal in advance. Not in two weeks, but somewhere in a month. Do it in a polite but decisive tone. Choose your words, expressions and intonation carefully. Speaking about the reasons why you decided to quit, you should not name the character of the boss, brutal working conditions and boredom. All this will cause aggression in the interlocutor, but there will be no sense. Be correct and accurate - these are the main conditions for a successful conversation. For example, instead of talking about low pay, try saying something like, “I feel like I've hit my ceiling at this company. I would like to continue to grow and develop in order to be more efficient and effective.”
Be prepared for negative emotions from the leader. The news of an employee leaving will stress him out. But you have the right to interrupt communication if the conversation crosses all boundaries and boundaries. Find a balance and your conversation will end well.
What laws protect me
The Labor Code of the Russian Federation is on your side. Chapter 13 of this document is entirely devoted to dismissal. Article No. 77 provides a general list of grounds for termination of employment relations. These include the agreement of the parties, the initiative of the employee or employer, the expiration of the employment contract, the refusal to continue the employment relationship due to a change in the owner of the company, etc.
The boss is notified at least fourteen days before the expected date of dismissal, which will need to be worked out. However, not everyone knows that there are exceptions to this rule. For example, if the organization is not your main place of work, and you work as a part-time job. Or subject to the conclusion of a fixed-term contract or a contract for seasonal work - in these cases, the notice period is reduced to three days. This is reported to us by Article No. 292 of the Labor Code of the Russian Federation.
What documents are required for dismissal
To begin with, you will have to write a letter of resignation in the prescribed form. If the authorities are loyal to you, then you can simply leave a statement in the personnel department. If there may be problems with the solution of this issue, then you should fix the fact of its submission. To do this, print out the application in two copies and either send it by registered mail or send it to the manager through the secretary with the signature of the latter on two versions of the document. This date will be considered the day of your withdrawal notice.
In two weeks, the manager must sign an order for your dismissal. You go to the personnel department and there you receive all the documents related to work, a work book and the final payment, backed up by a memo. This amount should include compensation for unused vacation days. The last document you have to meet is the notice of termination of the employment contract.
How to tell co-workers you're fired
If you have a tense relationship with colleagues, then you do not have to tell them anything at all. The same applies to circumstances where it is customary in a company to let all the dogs out on a departing employee. You need to take care of yourself and your nerves. Politely say goodbye to former colleagues when the day X comes, and go "to freedom with a clear conscience."
You can act completely differently if normal or even friendly relations have developed in the team. Then you can tell your colleagues about your dismissal a couple of weeks before the final departure. This will make it easier for them to adapt to the changes, and together you can make your exit as painless as possible.
On the day of departure, you can offer former colleagues to drink tea and cakes right at work. Mark the positive moments in communicating with them: how they helped you, what you learned. This will not make your departure less sad, but it will leave a bright and pleasant impression of it.
What obstacles may be encountered
Anger from future former colleagues. Colleagues and especially the boss, most likely, will not be happy with your departure. Sometimes this results in persecution of a "careless" employee. It remains to be advised to be morally stable, not to succumb to their provocations and remember that this will end soon.
Legal traps. In order not to pay you half the salary, the manager may try to fire you against his own will. All the grounds for this are listed in article No. 80 of the Labor Code of the Russian Federation. Therefore, during the two-week working period, in no case should you be late, skip, etc. Remember about trade secrets. It may include any information about the activities of the company. If you signed this obligation, then neither during nor after your dismissal do you have the right to tell anything about the internal affairs of the organization.
Payment delay. Of course, the Labor Code says that you must be paid on the day of your dismissal. If not paid, then you need to contact the labor inspectorate with a corresponding statement. Employers are afraid of inspectors, and it's easier to pay you off than expose the organization to serious fines.
How to behave in the remaining two weeks
The most important thing is to be decent in relation to the former employer. He is already having a hard time, because the news of your dismissal forces him to look for a new employee, train him, puzzle over whether he will fit into the team.
So try to be loyal and patient. If the boss's nervous breakdowns are kept within the boundaries of ethical norms, then it is best to simply endure them. Work duties must be performed well, then the employer will not have a reason to find fault with you, and you will prove yourself as a responsible and decent person. Colleagues also do not want to do your work for you yet.
It is not known when and where you will need their help. Don't burn bridges in your old position. How to quit your job without it? Thank colleagues for the time spent together. You can remember the positive things. Adequately respond to requests for help in these two weeks, try to be helpful and friendly - and then your former colleagues are more likely to remember you with a kind word.
When to look for a new job
You need to start looking for a job already when you have made a firm decision to quit. Or even a little earlier: studying this question will help you navigate the situation that has developed in your professional field. Is there a shortage of personnel there, what is the level of salaries and the necessary competence - all this is important to know. It happens that the requirements for the employer are somewhat overstated and you should think about lowering them.
If you are sure that you need to find a job by the expected date of dismissal, then you can’t hesitate with this. Actively explore sites with vacancies, send out resumes, call companies with a profile that interests you. HR managers are now going to meet applicants and schedule interviews outside of working hours. But be careful! A boss who finds out about his employee’s job search can be very scary in anger, so do everything to “open his eyes” on your own and at the right time.
What to live on after being fired
Put five to ten percent of every paycheck into a “crisis savings fund.” If you stick to this scheme, then you will not have such a question.
Leave beautifully
Regardless of how far in advance you warned the employer about your departure, you need to make this period easier for the company. Of course, the temptation to sit back all this time is great, but it is simply dishonorable to do so! You need to complete the projects in which you took part, put things in order and leave all the information on work (for example, contacts) to the new employee.
The last two weeks at work have nothing to do with vacation. Rather, on the contrary, it is like summing up and bringing all cases to a finished state. Therefore, behave like an ordinary worker: come on time, do not be lazy, conscientiously fulfill your duties. The employer pays for these two weeks of your work, so take care of a decent return.
If a stormy send-off is accepted in the company, then do not resist the offer to go with colleagues to a nearby cafe after work.
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From time to time, some people come to the idea that it is necessary to change jobs. Sometimes the reason may not be that the job is bad, but simply that a change in life is needed. Gone are the days when a person could work a lifetime in one place and be satisfied, because there was no choice.
Now is the age of progress, when all new types of activities are developing, and everyone can try to choose among many different vacancies. After all, the main thing is that the work brings pleasure, and not be a heavy burden. We work to live, not live to work. Each branch in life should take its place. Remember, work is just an addition to everything else. Give her allotted time without sacrificing something much more valuable, such as relaxation and family.
If the issue of dismissal is finally resolved, then how to quit your job so that this change in life will benefit everyone?
Why change jobs?
Check your motives. Some people quit just to satisfy your ambitions. They believe that in the same place:
- they are not valued as a good worker;
- they are paid little, but they deserve more;
- constantly picking on and demanding a lot.
Often these problems are due to the employee's relationship. Many allow themselves to systematically be late, not turn in work on time, or engage in extraneous matters. And it is clear that the attitude of the authorities is changing. After all, the employer pays for good work, and not for beautiful eyes.
Maybe, there was a conflict, as a result of which the person decided to leave, or circumstances simply changed. But if you still don’t like something, then leaving is an absenteeism from the situation. Problems don't need to be run away, they need to be addressed. And there is no guarantee that everything will be your way in the new place. This does not happen! Change your attitude to a situation or to certain people, and it will become much easier for you. Nobody wants to be given the wrong impression of being an irresponsible person who changes jobs like gloves.
If the problem is in salary why not go to the boss and explain everything as it is. After all, all the people and, perhaps, he will enter your position and increase it. But in order to take such a step, you need to be a diligent worker and prove yourself well. Each work done must be paid accordingly.
All is decided…
If the above does not apply to this situation, then you should familiarize yourself with the Labor Code in order to find out how to quit your job correctly.
Resignation letter made in writing and submitted to the head. It must be signed by the head and registered in the ledger, if any. You should not inform your colleagues about your decision before talking with the employer, it is simply indecent. The boss deserves to know about it first. In this conversation, you must follow the rules of good form.
There is no need to talk about what you do not like about this vacancy or, even worse, about personal dislike for the leader. Part amicably so that in the future it would not be a shame to look into his eyes. And remember, life is such a thing that everything can turn into a boomerang, and you still have to face a former employer.
It also depends on the relationship with the authorities, according to which article an entry will be made in the work book, and this affects a lot. Even if it really was not the best treatment, you still don’t need to be like such people. You need to keep your dignity. After all, what makes a person beautiful is his inner qualities.
The dismissal process
After the application is completed, the hardest part is ahead. It is worth preparing for such a conversation, that everything was under control. Think about what to answer if the boss starts to offer new conditions, such as an increase in salary, vacation, or less work. After all, no one wants to lose a good employee, and is ready to save his staff by any means.
If the dismissal is due to the emergence of a new job, then you will have to reject the above proposals and stand your ground. Thank your manager for good cooperation, this behavior will help maintain a positive opinion of yourself.
Notice is being served two weeks before leaving, this is worth remembering. Sometimes this period is reduced by mutual agreement. Or it increases the mind that it is necessary to find and train a new employee. After all, such a decision can take the employer by surprise. Perhaps there is a need to finish a major project or knock out other things. It will be better if there are no tails behind you.
You have 14 days to change your mind. Some employees manipulate bosses with such statements in order to raise wages. But if a person decides to leave, it's worth it. After all, manipulation is dishonest. The opinion in the team will change immediately, and it is already very difficult to regain the former respect.
The most common options for dismissal
You can quit under various articles of the Labor Code, but your future life depends on it. It is best to leave work when there is an alternative. But if you are forced to leave without moving to another place, you must consider the following points. There are two common options entries in the workbook:
- Dismissal at will.
There is a significant difference between these two concepts. If you intend to register with the employment center after leaving your job and receive the unemployment payment required by law, it is better to quit by agreement of the parties. And you will receive compensation almost immediately upon accrual. And if you quit according to the first option, you will have to wait a long time.
It is not enough just to wait for an offer from the employment center, but you must also look for suitable vacancies yourself. You can turn to friends, ask around relatives or acquaintances. It is also effective to place your resume on the Internet, so there are more chances to find a suitable place, since everyone uses the Internet now. Look through newspaper ads from time to time.
But if a conflict arose with the employer, then you can not hope for a positive outcome. The employer can also fire you through certain errors, which will reduce your chances of finding a good job. Therefore, it is necessary to leave on a positive note. You can also ask letter of recommendation, where the boss will describe all the skills and traits that affect professionalism.
After termination of the employment contract the employee is given a work book with a record and a seal, a salary for the last period of time. If there are unused vacation days, you can take them or receive monetary compensation. But if the employer refuses to give out what is due by law, the employee can sue. After all, these are legal rights and should not be violated.
Leaving a job is a very serious step, especially if a person has worked long enough. It is necessary to weigh the pros and cons, because this is a new turn in life. It is worth considering whether the new job will satisfy all needs, both physical and emotional. If they promise a high salary, then the requirements will be appropriate. Some employers want their employees to give themselves completely to work, not seeing any weekends or holidays. Remember the popular saying - you go quieter, you will continue.
Don't sacrifice your family for a better income. After all, money is not more valuable than loved ones. With the wrong attitude, you can lose everything. Many take on busy schedules to provide their children with everything the world has to offer. But children need love and attention, and no toys can replace that.
It is necessary to be savvy in all matters and in regard to dismissal!
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.
Sooner or later, every employee has a period when he wants to end the employment relationship, but not everyone knows how to quit their job correctly. What can motivate a person to quit? Everyone has their own motives: someone is not satisfied with the salary, and someone prefers to change jobs every 5 years on the advice of psychologists. Whatever the reasons for leaving work, the process of dismissal must be carried out in compliance with the norms of labor legislation.
Dismissal procedure
The process of terminating an employment relationship depends on what kind of contract is concluded between the parties. There are two types of contract: fixed-term and indefinite. In addition, the termination of fixed-term and open-ended contracts is regulated by different articles of the Labor Code of the Russian Federation. In the first case, this is article 80 of the Labor Code of the Russian Federation, in the second, article 78 of the Labor Code of the Russian Federation.
Termination of an open-ended contract
An employment contract concluded for an indefinite period may be terminated at the initiative of the employee and is regulated by Article 80 of the Labor Code of the Russian Federation. To terminate this type of employment relationship, the will of the employee is sufficient, but at the same time he is obliged to notify the employer of his decision 14 days before the planned date of dismissal.
Important! The warning must be in writing, usually a voluntary resignation. An employee's verbal statement: "I'm quitting!" is not considered as a notice to the employer.
After 14 days from the date of filing a written application, the employee has the right to no longer go to work. The consent of the employer is required only if the employee decided to quit before the end of the notice period.
But how to quit quickly, before the expiration of 14 days, if the employer does not agree? The legislation provides for such an opportunity, but under certain circumstances, due to which the employee is unable to continue to perform his job duties. Such circumstances include the following cases:
- Enrollment of an employee in an educational institution.
- Change of place of residence due to moving to another area.
- Violation of labor laws by the employer.
- The state of health of an employee, by virtue of which he can no longer continue to work.
In the presence of such circumstances, the employer must dismiss the employee on the day indicated in the application for dismissal.
Every employer values good employees and is reluctant to fire a valuable employee. However, he has no right to prevent the dismissal of his own free will and force a person to work. Often there are cases when the employer refuses to fire the employee, referring to the fact that he did not complete his obligations or did not sign the bypass sheet, but such actions would be illegal. In such a situation, the employee has the right not to go to work, and if he has not received a work book and the final payment, he has the right to sue to protect his rights.
Termination of a fixed-term contract
If an agreement is concluded between the parties for a certain period, then the employee’s desire to terminate the employment relationship alone is not enough. In this case, the mandatory consent of the employer is required. If he does not agree, then the employee will be forced to wait for the expiration of the contract.
The employee must state his decision on early termination of the contract in writing and submit it to the manager for approval. The wording of the application may look like this: “I ask you to dismiss me from work by agreement of the parties (indicate the date).” If the employer does not object, the contract will be terminated within the period specified by the employee. By mutual agreement between the parties, the date indicated in the application may be changed.
But how do you quit your job if no agreement is reached? In the event that the employer refused to dismiss, and the person does not want to continue the employment relationship, then he may simply not go to work. This option is not suitable for those who want to leave beautifully, since in this case the employer has the right to fire a person for absenteeism and make an entry about this in the work book. Therefore, it is better to try to come to a consensus with the leader.
For reference! The application of a disciplinary sanction in the form of dismissal to an employee is the right of the employer, but not an obligation. Therefore, even if the employee is absent from the workplace, the employer may not fire him until the end of the contract.
When is the best time to quit your job?
Many people are wondering how to competently quit their job in order to reap some benefit. Someone makes a decision to dismiss after a year of work, wanting to receive compensation for unused vacation, and someone quits only when he has found a new place, so as not to interrupt his work experience.
Upon dismissal, the employer is obliged to pay the dismissed person all the accruals that are due to him. This amount includes wages for the time actually worked, as well as monetary compensation, which is paid for unused vacation.
The working year is calculated not as a calendar year, which begins on January 1, but from the date of employment. Calculation of the working year is important for calculating compensation for labor leave that was not used. The more a person worked without vacation, the greater the amount of compensation.
Also, for some, the question is whether to quit before or after vacation. Everything is individual here, since you can find a new place during the holidays. At the same time, you can live on the compensation received while a person is looking for a suitable job.
