The option when the dismissal of an employee occurs on his initiative, with the wording “of his own free will”, is the most common and practically conflict-free. But in this case, the procedure must be drawn up correctly, in compliance with all formalities, in order to avoid further conflicts and labor disputes.
Instructions
Step 1
According to Article 80 of the Labor Code of the Russian Federation, on the initiative of the employee, any type of employment contract can be terminated. In this case, within a period of at least two weeks, the employee is obliged to notify the employer about the termination of the contract. The employer's duty is on the last day of the employee's fulfillment of his labor obligations, to draw up and provide the employee with all the necessary documents. If the employer does not object, the employment contract may be terminated earlier.
Step 2
In some cases, the Labor Code provides for a different notice period for the employer. In the event that the head is dismissed, then this period can be increased to 1 month. If a seasonal worker or someone with whom an employment contract is concluded for up to two months leaves, they can declare their resignation at least 3 days in advance. The term starts from the next day after the day when the application is submitted to the employer.
Step 3
If the employer violated the labor legislation or the terms of the employment contract, if the employee, for a number of reasons, cannot continue his activities (urgent departure, enrollment in a university, etc.), then the labor relationship can be terminated at any time that will be indicated in the application employee.
Step 4
The employer has no unilateral right to dismiss an employee before the date indicated in the application. The last day of work is considered the day of termination of the employment contract concluded with the employee. If it falls on a holiday or weekend, then the next weekday will be the last day of work.
Step 5
The employee must, without fail, notify the head of the enterprise in writing. Derivative application form. It should indicate the number from which the employee asks to fire him and the mandatory wording "of his own free will." The application must be handwritten. In the application, you must also write your last name, first name and patronymic, current position. If an employee cannot continue to work within the time period stipulated by the Labor Code of the Russian Federation, he must indicate a valid reason why he must be fired immediately.
Step 6
Termination of labor relations must be formalized by an appropriate order on the unified form No. T-8. The employee must familiarize himself with it and put his signature. After that, in strict accordance with the text of the order, an entry is made in the employee's personal card and his work book. As a legal basis, it contains a reference to clause 3 of article 77 of the Labor Code of the Russian Federation.
