How to quit your job the right way. How to quickly and correctly decide and understand that it's time to quit your job

07.03.2019
15 754 0 Hello, in our article we will talk about how to quit your job correctly, without conflicts with employees and problems with superiors. In Russia, many citizens change jobs, but despite this, not everyone knows how to leave the old company. For a person without legal knowledge, this topic is difficult, so we will try to clarify all the points related to care.

How to quit your job on your own

To quit on your own and at the same time not harm your reputation, you should heed the following tips:

  • So, the decision to quit was made, but it is still too early to write an application. Up to this point, you need to find a new job, and only then ask for a calculation. Jobs are being sought today mainly on the Internet, and if you are going to write a resume, then do not indicate your previous place of work there and, moreover, do not write your last name. Such data can catch the eye of employees or the boss.

The story of the lawyer Alexei.

I decided that I was underpaid. Posted a resume with all his data on the Internet. And for the whole of Russia (I decided not to be limited to our city). A week later, they call me from our main office in Moscow and ask: “Aleksey, something doesn’t suit you at your current place of work, why did you post an ad?” It was very uncomfortable, but what to do, began to get out. So they say and so. I would like to receive more. Bottom line: they raised my salary and I stayed at my previous place of work, and in the central office they look at me suspiciously.

  • Look for a new job outside of your current company., therefore, do not use corporate mail to send a resume and do not discuss these issues on a work phone.
  • To avoid gossip, go straight to your boss with the news of your dismissal, and do not tell employees about it. It happens that an employee decides to quit for another probationary period. In this case, notify the boss of your decision should be three days in advance. When occupying a leadership position, notification must occur one month in advance. The boss will need this time to find a replacement for the departing employee.
  • To leave a good impression of yourself after your departure, arrange a tea party in honor of your dismissal, and you should not break off relations with colleagues, you may need their help sometime (Who will write a characterization from your previous job? ?). You should not make scandals even if there are reasons for this, because the new boss may well take an interest in your relationship at your previous job.
  • If the authorities do not want to let you go from work, then an offer of leave or promotion may come in, and you should be prepared for this. You must decide for yourself in advance how you will behave in such a situation. In any case, the decision is yours.
  • Choose the right time. If the company is undergoing a global audit or serious deals are on the nose, then it is better to refrain from dismissal for a while. Or discuss it with your boss, warning him that after you make the last deal (turn in a report, etc.) you intend to write a letter of resignation.

Employee rights and dismissal scheme

Of course, in the company where you work, they understand that employees will not work for them all their lives, but care own will far from being adequately perceived by everyone. When announcing this decision, problems are not ruled out, so you need to be clear about your rights and obligations in this situation.

The dismissal of an employee includes the following steps:

All rights are clearly stated in the Labor Code of the Russian Federation:

  1. You can terminate the previously concluded employment contract . Together with this right, there is an obligation of the employee to notify about his decision in advance. two weeks before retirement. The warning must be written form(be careful, it is written), for this you must write a statement.

    It is important to consider that the deadlines begin on the day after the employer receives the application.

  2. You can not work out a 2-week period. The legislation of Russia provides for when it is possible not to work for the last two weeks. Eg when an employee cannot continue working due to enrollment in a full-time department at a higher educational institution. Also, you do not need to work out when you retire and in other cases.
  3. Employment contract for a fixed period. As for an employment contract concluded for a certain period, it can be terminated ahead of schedule, but for this the parties must reach mutual agreement. In other cases, you have the right not to work only after the expiration of the employment contract.
  4. You have the right to withdraw your application. At any time while your application is with the boss, it can be withdrawn, for example, if you change your mind about leaving. This is possible provided that a new employee has not yet been taken to your place.
  5. Last working day. When the term of work comes to an end, on the last working day, the employer is obliged to give you work book, other documents, as well as make the final payment.

Often employees who decide to quit perceive the last two weeks as a vacation. This is wrong, because this time is paid in the same way as before. Therefore, there is no need to leave work early or stop fulfilling your duties.

Calculation procedures for dismissal of one's own free will

If there is a desire to quit your job, an application is submitted and two weeks are worked out, you have the right to receive a calculation. In this case, the calculation is made on the last day of work. Upon dismissal of your own free will, your calculation is made up of the following payments:

  • wage;
  • payments stipulated by the collective agreement;
  • compensation for unused vacation.

Very often, vacation pay can be received, for example, in advance, in such cases the corresponding amount will be deducted from wages. The accounting department recalculates the vacation pay previously paid to the employee in order to make the final calculation.

You can get a settlement upon dismissal not only on the last day of work. If for some reason this was not possible, then you can apply for money at any other time.

You should know that all payments are credited to your account or transferred no later than the next day after contacting the employer.

What documents need to be prepared upon dismissal

From the very beginning, you need to write resignation letter. This statement can be transferred to the personnel department, but if you doubt that they will immediately sign it, then it is better to notify the boss personally. Even if paper submission is made through the personnel department or through the secretary, you should make sure that this fact is recorded accordingly.

  • To record the fact of filing an application, you make two copies and leave one with the secretary or with the inspector of the personnel department. On the second copy, you are marked with a signature and a number, and it remains with you.
  • The number on paper is the date the boss was notified of the decision to quit.
  • Two weeks after filing the application, your boss must sign an order for your dismissal. With this order, you must go to the personnel department, where you will be given a work book and all other documents. These documents are handed out along with memo. At the same time, you will receive a bill.
  • You have yet to familiarize yourself with the paper that will notify you of the termination of the employment contract with the employer.

An application of one's own free will must be in writing, it is submitted to the personnel department or to the head directly. According to the law, after filing an application, no one has the right to detain you for more than two weeks.

It is allowed to write an application even if you are currently on vacation or on sick leave.

Sometimes the question arises of how to quit your job quickly, especially if it is related to educational process or other circumstances. In this case, in order not to work out two weeks along with the submission of the application, copies of documents confirming these circumstances should be provided to the personnel department.

What if they don't want to sign the application? How to get a work book?

What to do when the boss refuses to sign the letter of resignation? In this case, the following measures should be taken:

  • register the second copy of the application in the personnel or in the office;
  • the date of its delivery must be affixed to the copy;
  • if after two weeks you do not receive a dismissal order, then you can write a complaint to the prosecutor's office or file a lawsuit in court.

Applying to the chief's secretary is only one option. You can send a second copy of the paper by letter. It is stamped with a date that will be considered the date of application.

You can also send a second copy using a courier service. Usually, dismissal goes well when the boss understands you, and the team is on your side. But if this is not the case, then working out two weeks can be difficult. In this case, your right to take sick leave, and while you are at home, the period will pass.

Not only with the signing of the application can be difficult, but also with the issuance of a work book.

Upon receipt of the document, it is necessary to check the presence of the following entries in it:

  • Company name;
  • reflection of the position held or all positions, if there were several;
  • the wording of the dismissal entry, it should be written in the work book that you were not laid off, but fired of your own free will;
  • the entry in the book must be certified by an authorized person and the seal of the organization.

If on the last working day you were not given money or a work book, after three days you can write a claim to the organization. If after that the case has not moved forward, then you can go to court or write a complaint to the prosecutor's office.

How do you get the courage to quit your job and start your own business?

This issue must be approached thoughtfully, because if you quit in a state of emotional imbalance, then this will not lead to anything good. It is important to understand that everything will not work out right away, you can’t just open your own business and immediately earn money for a car, an apartment and other benefits.

Often stressed people quit their job, then find another position that is not always better than the previous one.

If you work as an auxiliary worker, then you should consider the option of mastering a profession that you like. Such training can be provided by the state. But at the same time, strive to choose the profession that is now really in demand on the labor market.

Now, in times of progress, when computers are used at all enterprises, programmers and specialists in the repair and maintenance of computers and other office equipment are in great demand. And if you have skills in this area, then you can try to work for yourself. If you are a true professional in this field of activity, then you can assemble a team of the same workers and develop.

Sergei's story.

I worked for a printer refill and office equipment service company. Every day I go to offices and refill cartridges, I was paid real money, but I received my salary and no more. After calculating how much our clients pay me, I decided to work for myself. Resigned. In the first couple, I bought toners for refilling cartridges for the most common models. And I decided to go through the same offices that I served before, but will offer a slightly lower price for my services. Everyone loves to save money, especially if employees refill printers at their own expense. Now my son and I are busy every day, word of mouth worked and red phones from the client.

But before leaving the old job, the concept of the idea is needed. First find answers to questions about how you will work and who will support you. You can independently offer your services to homes and businesses. But there is another option, this is a team of assistants who will fulfill orders for a certain percentage of wages.

The financial side of the issue

You need money to open your own business, so you have to live economically. Calculate how much money you need to live in order to feel comfortable, and gradually save it so that, having quit your previous job, you will not be left without a livelihood. This money can be put into a bank account, but it is better to choose a reliable bank, as there is a possibility that the financial institution will go bankrupt.

When starting your own business, it is important to understand that this work is complex and responsible. Now there are many job offers in in social networks, but you don’t need to succumb to the promises of big earnings and think that you won’t have to work at all. To achieve something in life, you need to work hard, and it doesn’t matter what business you do.

Own business is not only profit, it is also losses, obligations to employees and sponsors. Therefore, you need to be ready for everything. To start your own business, you need to have a clear plan of action. You can also start with self-employment, doing a certain job that a limited number of people can do.

How do you tell employees you're leaving?

The psychological atmosphere in the office and relationships at work mean a lot. And it happens that employees who decide to leave for another company are not treated too well. Therefore, it is important to quit your job correctly so as not to subject yourself to moral tests.

  • If you have a strained relationship in the office, then it is better not to inform employees at all about your departure. And when you finish your last day, just say goodbye politely to former colleagues and leave.
  • But if your team has developed warm relationship, then it is better to inform about your departure a couple of weeks in advance. During this time, employees will accept the news and adapt to the changes that lie ahead of them. This behavior will make leaving the company as painless as possible for you and your employees.
  • If the team has really warm relations, then on the day of leaving, you can invite employees to a cafe to celebrate this event. Alternatively, you can drink tea with cookies at work. During the tea party, celebrate the positive moments in your work to leave a good impression on the team after you leave.

welcome and honest people everyone loves. Who knows, maybe at the gatherings in honor of leaving you will be offered a new position in the same company, but on favorable terms for you.

How to behave these two weeks

When the application is submitted, you only have to work out the allotted time and receive a calculation. But not everyone manages to calmly spend the remaining days at work, so many have a question about how to behave throughout this period.

  • First of all, think about your former boss, because he will have to look for a replacement for you. You need to be decent in relation to superiors and colleagues, if necessary, help find a replacement for yourself or train a new employee in the upcoming work. This will require your patience and understanding.
  • If the bosses break down on you, but the boundaries ethical standards will not be violated, then try not to pay attention to it. Your duties should be performed with high quality, since you are still at work and the authorities can find fault with you as an employee, but this is not necessary at all now. By choosing this behavior, you will show yourself as a responsible person.
  • Employees should also be treated with loyalty, because you never know when their help will come in handy in life. It is better to quit without scandals and without mutual insults. Thank colleagues for the time spent together if there were pleasant moments then don't forget about them. For everyone to remember you kind word respond adequately to requests for help, and be friendly at this time. You don’t want your ears to “burn” after being fired 😉

Common mistakes quitters make

Here are some of the most common mistakes employees make when they leave:

  1. The desire to take revenge on all his offenders and break old ties. In no case should this be done, you need to save your face, and forget about insults. You and these people do not baptize children, but nerve cells, as you know, are not recoverable.
  2. Stories about what a bad team in the old company, and how hard it was to work there. These words can reach not only former colleagues, but also to alert a potential employer if a quitting person starts complaining already at interviews, looking for a new job.
  3. Many people think that they can do without relationships with their boss and former colleagues, but at the same time they forget that a new job may require a recommendation from a previous position. And in further work, you may have to intersect with old colleagues.
  4. Scandal about the problems associated with the dismissal. This may be the lack of compensation for vacation or other situations. You need to talk about this, and not yell at the boss and employees. You need to defend your rights, but it is better to do it in civilized ways.

Thus, looking for a new workplace It's important to know how to quit your job. First of all, you need to remember that you are still working in your old position, and you should fulfill your duties diligently. You should not sort things out and remember old grievances, so you will achieve nothing but a scandal. And, leaving behind a bad impression, former colleagues and bosses will never help you in a difficult situation.

Useful articles:

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 the situation or to individual people and it will make it 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 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. Need to save 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 end 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 it depends future life. 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:

  1. 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 last period 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 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 folk saying- the quieter you go, the further you'll get.

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!

The procedure for dismissal from work has been worked out in the legislation to the smallest detail - in most cases, the employee needs to warn the manager by writing a letter of resignation and work for another 2 weeks. The question of how to quit without working off may be relevant for those employees who leave work of their own free will, but due to life circumstances are unable to work for another 2 weeks. For example, this may be due to life circumstances - health status or moving to another area.

Is it possible to quit without working for two weeks

Article 80 of the Labor Code of the Russian Federation analyzes in detail the issues related to the dismissal at the initiative of the employee, and it is precisely here that the need to work out the required two weeks is legally determined. This period begins to count down on the day the director receives the letter of resignation, regardless of when he endorses it and the preparation of the corresponding order begins.

At the same time, for those who are looking for an answer to the question of whether it is necessary to work for 2 weeks upon dismissal, you need to know that this article of the Labor Code of the Russian Federation also states situations when an employment contract must be terminated within the period specified by the employee, or termination of employment by mutual agreement between the employee and the employer on working time.

Deadlines for dismissal in the Labor Code of the Russian Federation

If approached strictly formally, then Art. 80 of the Labor Code of the Russian Federation does not require a 2-week working off, but states the need to warn the manager within this period (so that he can pick up a replacement, etc.). For example, if an employee writes a statement about the termination of employment before going on a 28-day vacation, then immediately after the end of the vacation, he will be dismissed of his own free will without working off. The term is also considered if the employee warns the director while on sick leave - upon presentation then to the personnel department of a disability sheet, the days of illness can be taken into account.

Three days

The legislation of our country provides for situations when you can write a letter of resignation without working off and stop working in an organization after 3 days. This applies when:

  • the employee has not yet completed the probationary period (Article 71 of the Labor Code of the Russian Federation);
  • the term of the contract concluded with him is less than 2 months (Article 292 of the Labor Code of the Russian Federation);
  • the employee was involved in the performance of seasonal work (Article 296 of the Labor Code of the Russian Federation).

2 weeks

According to the Labor Code, a two-week period is the period in which you need to warn your boss that you want to change jobs. In this case, the employee needs to work out the required two weeks from the date of writing the application, and receive a calculation and work book from the personnel department in order to get a new job. In fact, the date of dismissal is determined by the management, having agreed with which, you can terminate the employment contract earlier. In this case, it is mandatory to have written proof of the agreement reached (for example, a visa on your application).

It is convenient that if the situation changes and the employee changes his mind about leaving, the application can be withdrawn. In the case when the employment relationship is terminated by agreement of the parties or upon dismissal after a vacation, this cannot be done. However, if another person was found in place of the leaving employee who draws up employment documents, then it will not be possible to withdraw the application.

1 month when working in a managerial position

Separately Labor Code RF provides for situations when we are talking on the dismissal of an executive. Art. 280 states the need for a month's notice from the time the employer received the completed application. Similar requirements apply to coaches and athletes - upon dismissal, they are entitled to work for a month (unless the contract provides for another, usually longer period). In all cases under consideration, this is due to the specifics of labor, which does not allow immediately leaving the previous job.

What are the reasons for quitting without a job?

According to Art. 80 of the Labor Code of the Russian Federation, a mandatory attribute is not working out, but timely notification of the manager about the dismissal by signing an application, and there is no difference whether the employee will work this period or be on sick leave. Therefore, from a legal point of view, it would be more correct to talk not about how an employee quit without working off, but how to terminate an employment relationship with a minimum warning period or without it at all (for example, for pensioners). As a rule, this is due to the presence of good reasons, to which the legislation includes:

  • Admission to an educational institution - a university or secondary school for full-time education, when the study schedule does not allow you to perform your job duties normally. In this case, supporting documents must be attached to the application.
  • Entering a well-deserved rest for those employees who have reached the retirement age, a certain Russian legislation. At the same time, if such an employee of retirement age gets a job again, he loses the right to dismissal without working off.
  • According to the decision of the Plenum of the Supreme Court of the Russian Federation on March 7, 2004 No. 2, a good reason, problem solving how to quit without working off is also a new appointment of a spouse with a change of residence - moving to another city or country. In this case, a certificate of transfer of the spouse to another job is attached to the application.

Special circumstances provided by law

Labor legislation considers special situations when an employee can not work for 2 weeks upon dismissal. These are situations like:

  • Pregnancy and other causes family character(care for a sick family member, a disabled child, the presence of three or more minor children) with appropriate documentary evidence.
  • Non-compliance/violation by the administration of the company of the norms of the Labor Code of the Russian Federation or local regulations. The situation with a delay in wages for more than 15 days is considered in Art. 142 of the Labor Code of the Russian Federation - in this case, the employee has the right to suspend the performance of his duties. If at the same time he asks for dismissal, and the salary at the enterprise is not paid for another two weeks, then nothing needs to be worked out. The situation is similar in case of violation of the rules of payment for the period of sick leave, transfer of benefits to pregnant women, etc. Arbitrage practice shows that justice in these cases will be on the side of the employee.

How to quit your job without a job

Since this procedure may have several different reasons depending on the situation, the actions of the employee or the employer will also be different. This may include:

  • minimizing the period until the termination of the employment contract, if the employee needs to quit as soon as possible (for example, if a more attractive job was found);
  • reducing the time spent at work (for example, in a conflict with the team, the employee experiences discomfort while in such an environment).

By agreement of the parties

If the parties agree, the employee can be fired without working off two weeks, if the head is not against such termination of employment and has documented this decision, referring to Article 80 of the Labor Code of the Russian Federation. In many cases, this position will be more convenient for the employee than a two-week working off. However, in this case, it may take some time, because it is necessary to issue an appropriate order, the accounting department to make a calculation, and the personnel service to fill out a work book.

Sick leave

Being on sick leave, and having received an appropriate medical opinion about the impossibility of performing previous duties (for example, due to injury), the employee may quit of his own free will. In this case, he provides a disability certificate to the person responsible for maintaining the time sheet in the organization, and can be dismissed immediately upon completion of the sick leave. If the period is less than the statutory 14 days for warning the director, the issue can be resolved by agreement of the parties.

Leave followed by dismissal

According to the law, you can go on another vacation and quit immediately after its completion. These may be situations permitted by labor law when:

  • The employee wants to "walk" the days assigned to him and asks for leave, because he has the right to do so.
  • The employee, for various reasons (for example, suddenly found a new job), decides to issue an application while already on vacation. In this case, if there are 14 days or more left before the end of the vacation period, he will be dismissed immediately upon leaving the vacation. If this period is longer, then the issue can be resolved by agreement of the parties.

At the initiative of the employer

Article 81 of the Labor Code of the Russian Federation considers situations where dismissal occurs at the initiative of the employer. These reasons can be divided into two groups. The first includes reasons beyond the control of the employee (for example, a reduction in staff, about which he must be warned no later than two months in advance). The second group is connected with the fault of the employee himself and does not provide for working off. This may be due to:

  • gross violation labor discipline (truancy, appearing at work in a state of intoxication, disclosing entrusted secrets, accidents due to violation of labor protection rules, committing a property crime);
  • repeated failure to perform labor functions without good reason;
  • when working with material values- committing an act that undermines trust;
  • immoral action of a person performing educational functions.

Sample letter of resignation

In this case, the document is drawn up in the name of the director of the organization in which the employee works. The text is written in free form, but there should be all the necessary information:

  • In the header of the document it is written to whom it is intended and from whom, for example, to “Director of Boomerang LLC” Smirnov A.V. from the driver Ivanov A.S.”
  • Further, in the center of the line, the name of the document is written - “Statement”.
  • The basic part contains a request for dismissal without working off, if necessary, supported by a reference to the legislation, for example, “I ask you to dismiss me of your own free will without working off (according to Article 80 of the Labor Code of the Russian Federation) from November 1, 2017 due to the transfer of my wife to work in another city (certificate is attached )".
  • At the end, the date and signature is put.

Video

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:

  1. 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.
  2. 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.
  3. 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 larger size 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 the management two weeks before the 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 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 the help of 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.

The employee is obliged to notify the employer of his intention to quit 2 weeks before the date of the proposed dismissal. These 2 weeks are called mandatory working off. However, the law provides for dismissal without mandatory working off.

In Art. 81 of the Labor Code of the Russian Federation lists cases when an employee may not work for 2 prescribed weeks. These are cases like:

  • inability to continue labor activity in connection with enrollment in a university or educational institutions bachelor's and master's degree for the full-time department;
  • retirement of an employee;
  • violation by an employee of labor legislation, as well as local acts and provisions of labor and collective agreements;
  • other cases.

Other cases of labor law include:

  • moving to another area for work;
  • sending the second spouse to work abroad;
  • moving to a new place of residence or medical indications;
  • caring for a sick family member, a disabled child or a child under 14 years of age.

Pensioners and pregnant women, as well as mothers and adoptive parents with a child under 14 years old, can quit without working off.

Dismissal without working two weeks

An employee can quit without working out the mandatory two weeks within a 3-day period. This is possible under the following circumstances:

  • on probation - Art. 71 of the Labor Code of the Russian Federation;
  • if the employment contract was concluded for a period of less than 2 months - Art. 292 of the Labor Code of the Russian Federation;
  • if the employee was engaged in seasonal work - art. 296 of the Labor Code of the Russian Federation. This period is for the employee only. If the employer decides to dismiss a seasonal employee, he must notify the latter 7 calendar days in advance.

For an employee to be considered a seasonal worker, this must be specified in the employment contract.

Letter of resignation without work

In order to quit, the employee must write a statement addressed to the employer. Exactly the same procedure applies if an employee leaves without working off. In the application, it is necessary to indicate “I ask you to fire me without the obligatory working off of a 2-week period for the reason ....”.
In some cases, the employee must provide evidence that he cannot work the required 2 weeks. For example, if this is not possible due to moving to another place of residence. To do this, it is enough to present the documents on the extract.

Dismissal one day without working off

An employee can quit in one day both by agreement with the employer, and in the event of the occurrence of the reasons indicated above. The employee writes an application, and on the same day receives a calculation and a work book.
In addition to the above reasons, the collective agreement may indicate additional circumstances for the dismissal of an employee in one day. If the employer does not consider that the current circumstance is the basis for dismissing the employee in one day, the latter may apply to the labor commission or to the court to protect their rights.

Legal dismissal after three days of work

As already mentioned, the standard working period before dismissal is 2 weeks. But there are categories of workers that do not fall into this list. At their request, the employer must dismiss them and pay them in full in a shorter period - 3 days.

These employees include:

  • those who are being tested. In Art. 71 of the Labor Code of the Russian Federation says that if an employee who is on probation decides to quit of his own free will, then he must work only 3 working days;
  • employees with whom temporary contract. That is, in Art. 292 of the Labor Code of the Russian Federation says that if an employee was hired only to perform a certain amount of work (or a certain type of work), and an employment contract was concluded with him for up to 2 months, then before dismissal he can work only 3 calendar days;
  • seasonal workers. For example, for digging potatoes. In Art. 296 of the Labor Code of the Russian Federation says that employees involved in the performance of seasonal work, and with whom labor contract concluded for up to 2 months, they can safely quit after the expiration of 3 calendar days from the date of notification of their employer.

The employer must be notified in writing. As a rule, only a letter of resignation is enough. It is considered a notice to the chief.

Obligations of an employee upon dismissal

When leaving, an employee must comply with a number of his obligations. These include:

  • obligatory notification of his supervisor of the upcoming dismissal. Depending on the reason for employment and the reason for dismissal, the notice period may vary - from 2 weeks to dismissal on the day of notice;
  • is required to collect his work book and full settlement, which includes:
    • wages for the hours actually worked from the moment of employment to the moment of dismissal;
    • vacation compensation: every employee, even if he has worked for several weeks, is entitled to vacation. Therefore, the employer must pay compensation for him, and the employee is obliged to accept it;
    • severance pay. In some cases of dismissal, compensatory benefits are provided. They can also be fixed in the collective agreement.

Special circumstances

Do not forget that there are some special circumstances in which an employee can quit immediately without working a day.
The labor laws include:

  • agreement of the parties. In Art. 77 of the Labor Code of the Russian Federation says that if the parties conclude an appropriate written agreement between themselves, then the employee can quit without working off;
  • employees who have entered the university and begin their studies. As a rule, such a dismissal occurs on the eve of September 1. The enrollment of an employee in a university, as a rule, is known much earlier than before the start school year. Therefore, he can quit in 2 weeks. But if he wants to terminate the employment relationship just before the start of the academic year, then he must present a certificate from the educational unit confirming enrollment in the university;
  • employees who, due to their age, have reached retirement age and are not going to continue their labor activity. The achievement by an employee of a certain age when, according to the law, they retire, is not a basis for termination of employment;
  • conflict situation with the employer against the background of violation of labor law norms in relation to this employee;
  • dismissal of an employee due to the employer exceeding his official powers as a leader. It often happens that the boss "forgets" and begins to insult his employees and use obscene language towards them;
  • violation of the terms of payment of wages or other benefits. These include vacation pay, severance pay or payments for “sick leave”, maternity and others;
  • the workplace of a particular employee is not properly equipped, which prevents him from fulfilling his immediate job duties in full force.

This indicative list grounds for dismissal of an employee without a 2-week working off. But as practice shows, there are many other reasons for terminating an employment relationship without working off. These include:

  • family or personal circumstances. Such circumstances will need to be documented, which is sometimes quite difficult. But if there is an urgent need for a quick dismissal, you can always talk with the manager and sign an appropriate agreement with him;
  • relocation of a spouse to work in another region. For example, a long business trip of the spouse, which entails the forced relocation of the entire family to live in another region. The reason is quite good, but some employers are asked to document it;
  • cases when the health of the employee has deteriorated sharply, and he can no longer perform his labor duties. The law also considers that such a reason is a fairly good reason for dismissal. But without the necessary medical documents, it will not be possible to quit;
  • families with children under 14;
  • families with many children, if the leaving parent has 3 or more children under the age of 16. And if they are studying at a university, then until graduation educational institution;
  • there was a need to care for a child - a disabled person or another family member with the first group of disabilities. The presence of such a reason must also be confirmed by medical documents;
  • employee pregnancy. Having a belly is not proof of pregnancy. It is necessary to present to the manager a medical certificate from the medical institution in which this pregnant employee is registered. The certificate is signed by the head physician of the institution, the head of the antenatal clinic and the attending physician. Also on the certificate must be the "main" seal of the institution.

Quit without work, taking a vacation

There is another option for dismissal without actual mandatory working off. But it is likely if the person leaving has days of unused vacation. That is, an employee can go on vacation with subsequent dismissal. Then the last day at this workplace will be considered the last day of vacation. And no processing required! But you need to reach an agreement with the employer, at least verbally.

Trial or trial

A situation may also arise when an employee has legal grounds for dismissal from this employer without working off the due date, and the employer insists on the opposite. How to be in such a situation?

If the employee does not want to "wag his nerves", he can calmly work out the deadline and quit. But there is another option - self-defense of their labor rights. That is, he can sue the employer.
The main disadvantage of this method is that the process can take several months. This is inconvenient for neither side. Therefore, it is worth looking for options for a peaceful solution to the problem. What can an employee do? He can offer a replacement instead of himself, that is, a competent employee who wants to start work duties on the day of dismissal. If the employer is satisfied with this option, he will make concessions and release the resigning employee without working off. But if no measures help, then the only thing left is to solve the problem in court.

Sample Application

To quit, an employee must write a letter of resignation. If he wants to quit without working off, then this fact must be reflected in the application.
The resignation letter must contain the following information:

  • the position and initials of the authorized person who accepts such applications;
  • full name of the employer;
  • initials and position of the dismissing employee. If the enterprise is large, then you need to specify the structural unit;
  • the statement itself. Here, the resigning employee indicates:
    • a request to fire him a certain number. For example, dismiss on 04/05/2018. Then the last working day will be considered 04/04/2018;
    • request to be fired without working off;
    • reasons for dismissal without working off;
    • a list of documents that the employee attaches to the application to confirm the reason for such a quick dismissal;
    • if dismissal without working off occurs by agreement of the parties, then the details of this agreement can also be indicated.
  • When the employee sets out the main text, he indicates the date the application was written, puts his signature and deciphers it.

The application should preferably be made on company letterhead. But, if this is not developed, then you can write on a regular sheet.



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