I wrote this material to acquaint you with how toquit for own will without 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 choose their own 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.
Current Labor Code 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 are quite rare professions and positions (such as judges, staff Investigative Committee or prosecutor's office, municipal or public service), and therefore the absolute majority of workers are satisfied with 11 points of this article.
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 correctly and without unnecessary problems quit.
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 situation of workers in fixed-term contract: now they can quit common 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. By general rule such period is set at least two weeks from the date of filing the 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 employees on an urgent labor contract, as well as 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. By notifying the employer in advance and having worked for the required two weeks (or more if the application was filed longer before the expected date of dismissal), the employee has full right stop any activity at the old enterprise and never 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 extradite work book- do not worry, but feel free to stop working. 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 gross violation work duties or discipline at the enterprise), it is necessary to make sure 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, a personnel officer, secretary or other person who has the necessary authority in accordance with internal rules organization, puts a mark on acceptance: the date when the application was received, an indication of the position, a signature with a 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 long haul(the letter will go at least three days), but 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 the letter of resignation was sent.
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 the 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. Issue a work book and carry out full settlement leadership will still be responsible.
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 new employee must be invited from his organization in writing, and the resigning person 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 need to demand that it be made immediately new entry: "Entry 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 the entries in the labor, let's pay attention to the fact that entries in the labor are made only in full words, no 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 Labor Code Russian Federation".
So that the dismissal of one's own free will be as painless as possible for both parties and not negatively affect further career, 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.
- Wherever possible, conflicts should be avoided. former employer. Of course, you need to protect your rights - but the labor market is not that big, and your new leader can contact the former. 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. Best Option here - transfer according to the inventory to a new employee who came to your place, if there is none - 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 employment contract) - the employer thereby admits that he himself is preparing to break 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.
If a person has decided to leave work and at the same time not work out the prescribed 2 weeks, then he should know that there are such methods, and they are spelled out in the law. So how do you quit without a job? The article discusses various options for dismissal in a short time.
Dismissal with working off 3 days
In order to quit of his own free will, the employee must inform the employer of his intention in advance, 2 weeks before the expected date. But there are circumstances when a person does not have the opportunity and does not have enough time to work out the due time. There are options when this can be done within 3 days. Here are the reasons why this is possible:
- if the employee was probationary period. You just need to write an application for 3 days;
- if the contract was concluded for a period of up to 2 months;
- liquidation of the organization;
- in case of staff reduction;
- if the employee was involved in seasonal work, and this fact must be recorded in the employment contract. You need to notify the boss about leaving 3 days in advance.
Dismissal on the day of application
By law, in accordance with Article 77 of the Labor Code of the Russian Federation, an employee, by agreement with the boss, can quit in one day. If it suits both parties.
Article 80 states that an employee has the opportunity not to work for two weeks if there is a good reason:
- the employee is enrolled in a university or other educational institution for full-time education;
- the employee has reached retirement age;
- in connection with violations by the employer labor law. Sometimes there are cases when the employer exceeds his authority, for example, insults employees or violates the norms stipulated by labor law. According to the contract, it is necessary to work 8 hours a day, and the employer insists to stay after the end of working hours.
- moving (it is necessary to confirm this fact with documents, for example, deregistration can serve as evidence);
- if the second spouse in the family is sent to work abroad;
- transfer of a spouse to work in another city, a certificate from work is needed to confirm;
- the state of health of the employee, if the employee has any illness, and he cannot continue his activities in this organization. The employee must present a medical certificate.
- if an employee has children under 14 years old, and he provided this data to the employer when applying for this vacancy, then upon dismissal, you can not work for 14 days;
- caring for a child - a disabled person or a sick relative, family member;
Pregnant women, as well as employees with an adopted child, have the right to quit without working off. To confirm pregnancy, a woman must bring a certificate confirming that she is registered and signed by the head physician.
If there is a child under 3 years old, and the woman does not want to work for 2 weeks upon dismissal, she can write an application for leave to care for him. And already being on vacation, submit a letter of resignation at will. After the vacation, the employee may no longer go to her workplace, since the date of departure will fall on the vacation period.
A working pensioner also does not need to work out a two-week period, he can also pay off as soon as possible.
When a single mother is fired, there are no special clauses in the legislation that will apply to her general principles described above.
Dismissal during vacation or sick leave
Is it possible to leave without having worked the due date, using unspent vacation days, if any? Of course. The law allows you to write an application for leave with subsequent dismissal. The working period will coincide with the vacation, then you can safely pick up your labor. The only caveat in this method is that this process must take place by mutual agreement with the employer. After all, he is not obliged to agree, and can insist on working off.
In the same way, while not on sick leave, you can write a letter of resignation. The period of working off will coincide with the days spent on sick leave. Working off is not required, the employee will be relieved of his duties as if in absentia. But at the same time, days of disability are paid in full. Naturally, confirmation of the disease is mandatory.
Knowing your rights will allow you to leave work without working out the prescribed two-week period. If there are conditions that allow you to do this, you can use them, because situations in life are different and unforeseen. Sometimes, circumstances are such that a person does not have such time and cannot work, in this case, you can use one of the methods described in this article.
Video on the topic of the article:
How to quit on favorable terms for yourself? From the point of view of the labor code, there are two different bases termination of the employment contract: at the initiative of the employer and at the initiative of the employee. The difference is obvious - whoever wants to terminate the employment relationship, he initiates the dismissal. Why, then, in a situation where the employment relationship does not suit the employer, should the employee still express a desire to terminate them? The very formulation of the question is already suggestive, because the main reason for the dismissal of an employee is the desire of the employer to get rid of the objectionable employee. It should also be noted here that getting rid of formal encroachments on your labor relations does not allow solving the main problem - the unwillingness of the employer to continue labor relations with you.
If you are asked to write a letter of resignation of your own free will, then, first of all, the employer wants your employment relationship to end. About why, according to the employer, they should stop exactly at your request, will be discussed below.
As a rule, employers are guided by the following considerations.
1. the employer does not have the right to dismiss the employee for own initiative simply because "I want to!". Law, namely Art. 81 of the Labor Code of the Russian Federation, contains an exhaustive list of circumstances that give the employer the right to terminate an employment contract with an employee. The circumstances are the following:
1) liquidation of an organization or termination of activity by an individual entrepreneur;
2) reduction in the number or staff of employees of the organization, individual entrepreneur;
3) non-compliance of the employee with the position held or work performed due to insufficient qualifications, confirmed by the results of certification;
4) change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);
5) repeated non-fulfillment by an employee without good reason of labor duties, if he has disciplinary action;
6) a single gross violation of labor duties by an employee:
a) absenteeism, that is, absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day (shift) );
b) the appearance of an employee at work (at his workplace or on the territory of the organization - the employer or the facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcoholic, narcotic or other toxic intoxication;
c) disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee;
d) committing at the place of work theft (including small) property of others, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into force or a decision of a judge, body, official authorized to consider cases of administrative offenses;
e) a violation by an employee of labor protection requirements established by the labor protection commission or the labor protection commissioner, if this violation entailed grave consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences;
7) the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer;
8) commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;
9) making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;
10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;
11) submission by the employee to the employer of false documents when concluding an employment contract;
12) cases stipulated by the employment contract with the head of the organization, members of the collegial executive body of the organization;
13) other cases established by this Code and other federal laws.
Thus, if the employer asks you to quit of your own free will, most likely, he has no legal grounds for terminating the employment relationship. That is why the employer needs your desire, drawn up in writing.
Voluntary dismissal is one of the quickest and easiest. The employee wrote a statement, indicated in it a request to terminate the employment relationship from the date of writing the application, the employer agreed, and that's all - the employment relationship was terminated. Tomorrow, this employee will no longer go to work and will not be an eyesore to disgruntled bosses. In addition, upon dismissal of his own free will, the employee is not entitled to any compensation payments. That is why they are so eager to dismiss “of their own free will” when reducing the number or staff, when, by law, each employee has the right to pay severance pay and maintain average earnings for the period of employment .. Do not forget that if you have passed training at the expense of the employer and signed an appropriate agreement with the condition to work for a certain period, then upon dismissal of your own free will, you may be charged the cost of training! As you can see, the employer has a great opportunity to save on such dismissal.
The legality of voluntary dismissal is very difficult to challenge in court. The Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” states that if the plaintiff claims that the employer forced him to file a letter of resignation of his own free will, then this circumstance is subject to verification and the obligation to prove it is assigned on the worker. It is extremely difficult to obtain such evidence, especially after dismissal, so you need to prepare the evidence base in advance, but more on that below.
Summarizing the above, we can say that the dismissal of an employee "of his own free will" is the cheapest, most convenient and fast way it is guaranteed for the employer to part with the objectionable employee.
What to do if you are forced to resign voluntarily?
There are at least three options:
1. If the conversation with the employer made you think that the job is really worth changing (that is, you really have a desire to terminate the employment relationship), then you should write a statement and quit of your own free will. The rules are as follows.
In accordance with Art. 80 of the Labor Code of the Russian Federation, the employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.
By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.
In cases where the employee’s application for dismissal on his own initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing norms labor law, local regulations, the terms of the collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's application.
Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be refused to conclude an employment contract.
Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.
If the employment contract has not been terminated after the expiration of the term of notice of dismissal and the employee does not insist on dismissal, then the employment contract continues.
2. If you really appreciate your work and would not like to part with it, then, first of all, you should try to talk constructively with the employer in order to find out why the employer is so eager to get rid of you, and whether you can do something with your parties to rectify the situation.
2.1 Most often, pregnant women find themselves in such a situation (who, for some reason, it is customary to get rid of among employers). What can you offer the employer in such a situation?
If the employer is illiterate, then he may believe that a pregnant woman, and subsequently a woman with a child, will lay an additional financial burden on the organization. This is not so, since all benefits for insured women (you are insured if the employer pays UST from your salary, or rather from the wage fund, which includes, among other things, your salary) are paid at the expense of the Social Insurance Fund.
Also, the following motives can move the employer:
- he does not want to look for a replacement for you,
- there are difficulties in finding an employee of your level (in the event that you are such an indispensable specialist, then it makes no sense to get rid of you at all, which the employer should hint about),
Difficulty in training existing employees.
What solution to these problems can you offer the employer?
a) The employer has the right to take another employee for the period of your stay on maternity leave and parental leave, concluding a fixed-term employment contract with him to replace the temporarily absent employee. So that the employer subsequently does not have difficulties with his dismissal, the term of the contract should be specified, for example, “for the period when Ivanova T.M. on parental leave."
b) Your duties can be distributed among other employees with their written consent, with the establishment of appropriate additional payments for them for performing the duties of a temporarily absent employee (the employer has free funds in the form of your salary and can be used to establish additional payments). The possibility of such a distribution is provided for in Art. 60_2 of the Labor Code of the Russian Federation, according to which, in order to fulfill the duties of a temporarily absent employee without exemption from work specified in the employment contract, the employee, with his consent, may be assigned additional work both in another and in the same profession (position). The period during which the employee will perform extra work, its content and volume are established by the employer with the written consent of the employee.
What can you offer the employer for your part? Help find and update a replacement before you go on maternity leave, and possibly promise to supervise her remotely (via phone or internet if your job allows it) until delivery or before you return to work. If the employer chooses the option of assigning additional responsibilities to existing employees, then you can help them get up to speed, leave them as much as possible detailed instructions, your phones or provide another opportunity to contact you to resolve current issues. In general, you have the right to continue working without going on maternity leave at all before giving birth, or to work at home or work part-time. As you can see, there are many options, you just need to find one that will satisfy both you and your employer.
A trade union, if there is one, can be a good mediator in finding a compromise with the employer, so be sure to contact them too.
If, despite all the efforts made, it was not possible to agree with the employer, then next steps depends on whether you are ready for open confrontation or not.
2.2. If you don’t have the strength to resist the employer, then you should write a letter of resignation of your own free will, having previously prepared for reinstatement at work in court. To do this, stock up on evidence of the "forcedness" of your "voluntary" dismissal. The easiest way is to record your conversation with the employer on a dictaphone. It is important that the dictaphone record recorded threats or other pressure on you from the employer. You can provoke the employer to talk in the presence of colleagues or other persons who can later testify in court session(Do not rely too much on colleagues, as a rare employee will agree to testify against his employer). Once you have proof, you can apply.
Attention! Hint about the types of liability for delayed payment of wages.
Experience shows that this option actions most likely will not solve your problem. There is a small chance that the employer will understand that it is better not to contact you and leave you alone. However, the most likely scenario is repeated dismissals, continued pressure and other illegal actions.
What happens next depends on your perseverance: how many times you are ready to be reinstated at work in court (keep in mind that the actual time for consideration of reinstatement cases is from six months to a year).
2.3 If open confrontation does not frighten you, then be prepared for the fact that having lost the opportunity to safely get rid of the employee, the employer will look for other options. As a rule, all the "creative ideas" of employers can be divided into two categories:
- those who pursue their goal, to form in you the desire to quit of your own free will;
- those that give the employer the right to terminate your employment relationship for other reasons. Since all other grounds require the presence of objective circumstances (and we have already said that since the employer needed your application, he has no other legal grounds to dismiss you), these circumstances will be “artificially created”. The only advice that can be given in this situation is not to give the employer, for its part, grounds for dismissal.
3. Quit, but on favorable terms.
Since, as mentioned above, the employer's interest is not only to get rid of you as an employee, but also to do it as quickly, simply and without conflict as possible, it is possible to bargain for providing the employer with such resource savings. What can you ask in exchange for your consent to quit? The law does not limit you in anything, the specific result depends only on your ability to negotiate. For example, you can condition your voluntary dismissal:
— payment of severance pay (arbitrary size);
- providing written positive recommendations for subsequent employers;
- providing a certain time to look for a new job;
— provision of unused annual leave followed by dismissal
- etc.
Verbal agreements with the employer should not be trusted, therefore, in this case, dismissal should be sought by agreement of the parties. The Labor Code of the Russian Federation very briefly regulates this species dismissal, which gives you the opportunity to include in the termination agreement any conditions that you agree with the employer. If the employer refuses to terminate the employment relationship with you by agreement of the parties, at least do not ask in the letter of resignation of your own free will to terminate the relationship with you before the expiration of the two-week notice period for dismissal. In this case, you will give the employer two weeks to fulfill the agreed conditions (or provide you with guarantees for their fulfillment), but if after two weeks the employer does not fulfill the agreement, you will be able to withdraw your application, which will deprive the employer of legal grounds to fire you.
How to quit your job and why is it so important to do it right? Read the article.
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It was not by chance that I started talking about topics that relate to work and career, because today we will touch on one of them.
I believe that everything should be done as well as possible.
It is necessary not only to start activities in a new place correctly, but also to part with the old team and boss without problems and scandal.
It is about how to quit, we will talk today.
Why is it so important to quit your job the right way?
Bosses, they are like girls from a stupid but popular song.
The bosses are different: black, white, red.
That is, someone was quite lucky with the boss, and someone got the true fiend of Hell.
And when you have a chance to escape from this demon (you find a new job), then an irresistible desire arises: to tell the bastard everything you think about him, and at the same time notify your colleagues about your “fe” about their obedience to the satrap .
This desire is quite understandable, but try to accumulate all your strength to drive it away.
The husband of one of my friends often repeats the phrase: “You need to leave so that you can always return.”
It seems to me that he is absolutely right, because you never know how your fate will turn, no one has canceled the boomerang law yet.
What if it doesn't work out for you in a new place?
What if you have to cooperate with the old?
And you have already burned all the bridges with no hope of their restoration.
Besides, try to look at this situation from the other side.
I once witnessed a disgusting picture of the departure of one of my colleagues, who did not know how to quit your job, so he threw a most disgusting scandal in the office.
He yelled, what idiots we all are, and what a scumbag our boss is.
It is clear that he seemed to himself a fighter against evil in a spotless cloak, but we saw only an ill-mannered loser with a bunch of complexes.
Mistakes of those who do not know how to quit their job
Not all people specifically try to leave by slamming the door louder.
For some, this comes naturally, because they simply do not know the rules for the ideal dismissal from work.
The most common mistakes when changing jobs look like this:
The desire to break old ties in one fell swoop and at the same time take revenge on everyone who made you feel bad or hurt during your work.
And you just need to leave, and at the same time save face.
The delusion that you can do without maintenance good relations with former boss and colleagues.
And what about the fact that you may well intersect with one of your colleagues at seminars, conferences, or anywhere else?
The habit of telling nasty things about your old colleagues at a new place of work, about how much you had to endure while you worked in this branch of Hell.
Particularly talented applicants begin to do this at the interview, and then they are surprised: “How is it that they didn’t take me ?!”.
Unwillingness to defend their rights.
You don’t need to scandal, but it’s necessary to talk (namely, talk, and not yell with a good obscenity) about compensating for unused vacation or about the timing of paying the rest of the salary.
Manipulating the offer new job to get a pay raise or a management position.
Idiots do not become bosses, so you will be seen through in a jiffy and provided with trouble.
It is quite simple to quit your job so as not to create problems for yourself or people.
The main thing is to follow these tips:
- Remember that the results of your activities belong to the old office (unless otherwise stipulated by the contract), so you should not take these developments with you.
Tell the first person that you are about to leave, namely the boss.
Not half of the office in secret, but to his boss.
It’s better to do it in private, and not shouting: “That’s it, goat, your dominance is over, I’m leaving for where they will love and respect me!” in front of the entire team.
Remember that you must write a statement two weeks before leaving.
Do not console yourself with hopes that you threw your application and were released after 5 minutes.
A smart boss will be able to drink another bucket of your blood in these two weeks if you don’t resolve issues with him in an amicable way.
Finish all your business.
Do not leave tails for a new employee who comes to your place.
Why do you need the curses that a newcomer will send trying to clear your blockages.
Don't indulge your villainous instincts.
Do not row paper clips, files, paper, push pins with both hands.
Well, why do you need all this?
To destroy with the help of unnecessary trash the remnants of self-respect?
Don't get arrogant during the mandatory two-week work period.
You don’t need to constantly be late and go home earlier, demonstrating with your behavior: “I don’t care, I almost don’t work here anymore.”
See that you, as already almost unemployed here, are not paid a similar wages for the last month.
Leave gracefully, saying kind words to colleagues and boss.
If this is accepted in your office, then you can even set a “waste” (set the table - this is a decoding for the slow-witted).
Do not tell everyone in a row how good it will be for you, what prospects await you there.
Hell, worse than the current one, may well await you there, and such stories will annoy colleagues and superiors.
Leave your work area clean.
Clean out your desk drawers, throw away all unnecessary papers, and take your personal belongings with you.
Leave with a smile on your face and gratitude to the people with whom you worked side by side, and to the boss, thanks to whom you had money for bread and butter.
Even if there is nothing special to thank for, make an effort on yourself.
The tips in the video below will also be helpful.
Look, remember:
If you stick to these simple rules and avoid common mistakes, you will never feel ashamed of your actions again, as you did before when you did not know how to quit your job.
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There comes a time in every employee's work life when he thinks about changing his job. Going to work in some other organization will not work quickly. The thing is that, on the basis of the current Labor Code of the Russian Federation, an employee is obliged to work at his former place of work for another 2 weeks after he wrote a letter of resignation. Practice has shown that not all employees have a desire to work these weeks. How to quickly quit your job, we will tell in this article.
Possible options for dismissal without working off
Firstly, if the company is small and the employee has a good relationship with the manager, then you should try to negotiate a dismissal with him without working out the due date. By law, the director of an organization can dismiss his employee without working off. In such a situation, with a signed letter of resignation, the employee has the right not to work from the next day. We remind you that such an outcome of events is possible only if mutual agreement sides.
What to do in a situation where the boss does not meet the employee halfway? There is a way out if the employee has a certain life situation, which he needs to indicate in his application.
The employer, on quite legal grounds, can request from his employee to provide him with specific certificates and documents in order to verify the authenticity and reliability of the reason for the sudden dismissal he has named.
It is also obligatory for the employee to indicate the terms of termination of employment in his written application for dismissal. Failure to comply with the employee's request to terminate his employment, the employee may challenge in court.
Extreme life reasons
Upon admission to educational institutions for getting higher education the employee can immediately leave the place of work by presenting the appropriate reference confirmation from this educational institution. The next category of workers who have the right to leave their place of work and not work out the prescribed period are persons of retirement age. There are also situations when the employer illegally uses his official position, exceeds his powers or his actions do not comply with the Labor Code of the Russian Federation, as a result of which the basic labor law is violated. Only in this case, the employee should keep in mind that it will be necessary to prove all the violations of his employer.
In the 80th Art. The Labor Code of the Russian Federation indicates all the points with possible violations of employers in relation to their employees, and also considered the issue of dismissal of employees for good reasons within the time specified by them.
There is still no detailed list of valid grounds in the country's labor regulations, and such controversial cases are considered based on by-laws.
Other life circumstances
By revising various options dismissal, the employee has an idea about whether there are options to leave the workplace without working out the term prescribed by law, in view of personal life or family reasons. Employees also have such an opportunity on completely legal grounds, only for this, as with the main reasons, it is necessary to provide appropriate confirmation.
An employment contract may be terminated for the following reasons:
- Moving on permanent place residence in another region.
- A business trip of one of the spouses to another region or to another country where housing is allocated for his family.
- A person does not feel well in the area where he works, and for this reason he cannot professionally perform his duties.
- A pregnant woman, as well as the mother of a child who has not yet reached the age of 14, have the right to terminate the employment contract at any time,
If there are 3 or more children in the family who are studying in educational institutions or are students who are not yet 16/18 years old, one of the parents may quit their job and not work out the due time.
Even under the law, citizens who care for sick family members or a disabled person of the 1st group can quickly quit if they present the necessary medical certificates.
A conflict of domestic labor legislation can also be considered that it nowhere states that an employee, having notified his superiors of his desire to leave work, is obliged to continue working for some time. In order to quit according to the law, you need to inform the authorities before going on sick leave, or when it was opened. In this situation, you must write a statement of your own free will and address it to your management. Then you need to go to the hospital for sick leave. In this case, the employee may not work within the time limits indicated in his medical certificate, and after a 2-week period of time from the date when the written request was submitted, he must be returned his work book and fully calculated.
