Dismissal from work - a sentence or the beginning of a new life? Everyone decides for himself. But sooner or later this happens in the life of every working person. Sometimes this intention is delayed due to fear of being left without means of subsistence, sometimes due to lack of knowledge of the law, procedures and sequence of actions. Unscrupulous employers often take advantage of the ignorance of citizens and do not let them go from work, do not pay the due money, threaten and manipulate. To avoid this, you should familiarize yourself with the rules for applying for resignation, which are enshrined in the Labor Code.
Labor law makes it possible to leave the employer at will, which is enshrined in Articles 77 and 80 of the Labor Code of the Russian Federation. To do this, you must follow the dismissal procedure and submit the necessary documents on time.
How to write a statement
Dismissal requires a written statement from the employee himself. You can write it on the letterhead of the organization or on your own, indicating the necessary information.
1. The document can be completely handwritten or printed, but the signature of the employee is always "live".
2. Drawn up as a business letter approved by the organization: a heading with the name of the person in charge and a meaningful text. At the bottom there is a signature with a transcript of the employee and the current date.
3. It is better to indicate the date of the last working day immediately, so there will be no problems with its calculation in the future.
The document is transferred to the responsible specialist on the day of drawing up. It is not recommended to forward a copy, as it is not always legally binding. If possible, you can request the registration number of the incoming letter (if this is the practice in the company) to make sure that the form is accepted.
What to write in the application and what date
The basis for dismissal is the employee's personal initiative (own desire). It is this wording that is written in the statement.
To avoid confusion, the text should be concise and unambiguous. The employee must not ambiguously, without lyrical digressions, declare his intention to terminate the employment relationship. These can be phrases “dismiss at my own request”, “termination of labor relations”, “dismiss me on my own initiative”, etc. Additionally, it is better to immediately indicate the last working day, taking into account working hours.
According to the law, the employer has the right to detain an employee to work:
- 14 days if the employment relationship lasts longer than the probationary period;
- 3 days if the employee is on probation or works under a contract for up to two months;
- 1 month for managers (directors), chief accountants and their deputies.
It is possible that the working time will be reduced or absent at all. This is discussed with the manager individually.
Working off is counted from the next day after the application is submitted. It includes all days, including weekends and holidays. If the day of dismissal falls on a holiday, then the person is counted on the eve.
What payments are due
On the last working day, the employee is supposed to:
- Salary for hours worked.
- Compensation for unused vacations.
- Incentive payments (bonuses, 13th salary, etc.) are paid according to the general schedule in the company, i.e. maybe later.
The work book is issued on the day of dismissal, for the transfer of which the employee signs in special magazines.
