Upon dismissal of an employee of his own free will, the employer is obliged to draw up a work book for him properly and issue it on the day of dismissal. The employee also needs to calculate all payments due to him. In this case, one should be guided by legislative norms.
Necessary
- - employee documents;
- - work book of the employee;
- - documents of the organization;
- - labor legislation;
- - forms of relevant documents;
- - statement of dismissal of the employee.
Instructions
Step 1
When you receive a letter of resignation from an employee, you cannot refuse him. As a rule, the law stipulates that the employee must work for two weeks. During this period, you can withdraw the application at any time if the employee changes his mind to quit and you agree to leave it at your workplace. You also have the right to file a dismissal even on the day of writing the application. This requires the consent of the employer and the desire of a specialist.
Step 2
Sometimes an employee, before quitting his job, wants to take the main vacation. This is possible by law, but this requires the consent of the employer. If you made a positive decision and gave this opportunity to the dismissed employee, then an order should be issued on the provision of annual paid leave. On the last working day before it starts, you need to make a note of dismissal in the specialist's work book. Put a sequential number, the date that should correspond to the last day of the vacation. In the information about the job, make a reference to the norm of labor law (dismissal of your own free will, agreement of the parties, the initiative of the employee). Be sure to certify the record with the seal of the organization, the signature of the person in charge. Also, you should familiarize the employee with the letter of dismissal, where he must put his signature.
Step 3
In case of dismissal of an employee and subsequent leave on vacation, you no longer have the right to withdraw the application, even if the employee changes his mind. Revocation is not possible even when a specialist is transferred to another organization, since an agreement is concluded between employers in advance.
Step 4
In the application, the employee must indicate the date from which he wishes to quit. If it falls on a weekend or a holiday (employees do not always use the calendar), you should fill out a work book and issue the due payments on the last working day before the date written in the application, which is enshrined in article 84 of the Labor Code of the Russian Federation.
