How to quit your job on your own. What laws protect me? Do you have a stable job?

Many people are trying to find a higher-paying position, and therefore the logical question arises: what is the best way to quit your job, before or after your vacation? It would seem that everything is simple, but there are certain nuances in this process that can lead to financial losses on the part of the employee. Moreover, he must follow a certain procedure, since in addition to rights, he also has responsibilities.

Features of dismissal

If you want to leave your job at will, then there is a certain procedure for this. It is extremely important to follow it so that no problems arise. The fact is that some enterprises do not want to part with their employees voluntarily, and therefore try in every possible way to prevent their dismissal. However, if you know your rights, then dismissal will not be difficult.

So, before you start the procedure, you need to know the following:

• each employee can terminate the employment agreement at will;
• the employment agreement can be terminated before its expiration;
• the resignation letter can be withdrawn at the request of the employee;
• the employer is obliged to pay out funds for all days worked on the last day of work.

So, let's take a closer look. Any officially employed citizen has the right to dismissal, but in order to do this, he must submit a corresponding application 14 days in advance. The countdown starts from next day

after accepting the request. If an employment contract has been concluded between an employee and an enterprise, it can be terminated before the expiration of its validity period. However, for this it is necessary to obtain consent from the employer. What happens in a situation where an employee submits a resignation letter, but then changes his mind? If within two weeks workplace was not found new employee

Simply put, dismissal takes place in 3 stages: filing an application, working for 14 days and receiving earnings. Sometimes leaving your job is not practical or even profitable, and therefore you should think carefully before writing a statement. So, sometimes companies hire employees and train them at their own expense. In this case, an agreement is signed that provides for penalties if you refuse to work off the money spent when leaving work. Sometimes this can be quite a large amount.

Read also Features of vacation compensation upon dismissal from a part-time job

Also, don’t quit if you don’t have a new job in mind. Moreover, if you are unemployed for a long time after leaving, your skills may be negatively affected. When do people quit, before or after vacation? What time is considered the most appropriate? Let's figure it out.

Favorable time to quit

Every citizen has certain rights, and therefore when to leave work depends only on his desire. The Labor Code does not provide any differences between dismissal before and after vacation. In any case, the employer has the right to require the employee to work for 14 days, after which he will be able to pay.

Note that the employer can accommodate and give a person a vacation before dismissal if he has unused days left. However, this is a rather rare situation, because most often, the manager will simply fire the person.

Despite this, the question remains open - when is it better to leave work and why? If you leave before your vacation, then you will not be able to get paid vacation, this is a minus. In case of dismissal after vacation, there are certain advantages:

• additional experience;
• receiving vacation pay.

Let's say a person decides to quit after a vacation. In this case, the last day at the enterprise will be noted in the work book. In this case, vacation is considered additional length of service, which will also be recorded.

Regardless of which dismissal option the employee chooses, it is necessary to notify the employer of his resignation in a timely manner. As we mentioned earlier, the application must be submitted 2 weeks before the expected date. This period should be enough to find a replacement for the employee and train him. Thus, leaving the company will cost minimal losses and will not harm the company's activities.

Important! Quite often, an employer can release an employee without working a two-week period. In this case, he carries out the calculation immediately when submitting an application for dismissal.

So what can we conclude? The main thing to do when leaving is to follow the prescribed procedure. As for the time to leave work, it all depends on your desire and other circumstances. If you have already found new job and want to get started, then you can quit before your vacation and not waste time. However, in a situation where it is the holiday period and you do not have a company in mind, then it is worth holding off and leaving after the holiday.

Keep in mind that, according to Article 80 of the Labor Code of the Russian Federation, an employee is obliged to notify his boss of his own free will two weeks before leaving work. By writing a statement on time, you will save yourself from many problems with the law. In particular, a situation will not arise when you need to go to a new place of work, and you have not yet collected your work book and received a payment.

You can ask your boss to shorten the two-week period if necessary. That is why it is important to talk calmly and politely, otherwise the chance that they will meet you halfway will be small.

It is recommended that you notify your manager of your resignation not two, but three weeks before leaving. It's about not yet about filing an application, but about a warning. This will give the company Extra time to find a new employee.

If a new employee needs to be trained to take your place, you will have more time to do this and will not have to be distracted later.

By giving three weeks' notice of dismissal, you can also protect yourself from a legal point of view. Unfortunately, sometimes employers do not want to let an employee go and delay the dismissal process, disrupting his plans. If you find out during the conversation that they do not intend to let you go, write a statement and send it by registered mail with notification, or pass it through the office so that your copy is marked with an acceptance mark and the incoming document number. In this case, even without the manager’s signature, in two weeks you will be able to collect your salary and work book.

How to quit your job wisely without ruining your relationship

Under no circumstances should you burn all your bridges by leaving your old job, even if you don’t have better relationship with superiors and colleagues. This is especially true if management knows where you intend to go to work. You may be given an unflattering description, and this is undesirable.

It is not recommended to spend the last two weeks at work as if you don’t have to do anything at all. Constantly being late, violating rules, unwillingness to fulfill your duties, leaving the office long before the end of the working day and other mistakes can lead to the fact that you ruin your reputation, undermine the trust of your superiors and, in addition, you can get a fine, a reprimand or face other troubles . Remember that the employer pays for the last two weeks in the same way as usual.

Sources:

• Article 80 of the Labor Code of the Russian Federation
• competent statement about dismissal

When resigning, it is advisable to save not only your nerves, but also friendly relations with colleagues and especially with management. Over time, you may even want to return to the organization, and after proper dismissal, you will probably still have a chance to do this.

Instructions

Do not tell any of your colleagues about your intention to quit before last moment. If the company finds out that you are leaving, management can select your replacement in advance. This will be especially frustrating if you haven't found a new job yet. In addition, colleagues may subject you to tedious and even insulting interrogations, as well as spread unpleasant rumors. The first thing your boss should know about your dismissal is when you are ready to leave.

Try not to get into conflicts with colleagues and superiors. When quitting, people sometimes stop monitoring their actions and express complaints that for a long time kept it to themselves. You shouldn’t do this: who knows under what circumstances you will meet in next time.

Don't let your co-workers and bosses know you're looking for a new job. Don't post your resume on well-known websites, don't search for job vacancies in your workplace, and before calling a potential employer, make sure it's not your own boss.

When asked about the reasons for leaving, there is no need to say unpleasant things. Select a neutral reason: found the best place, would like to climb higher on the career ladder, have found a job closer to home, etc. But don’t talk about conflicts with colleagues, stupidity of the boss, too low salary, hated job, etc. Then, perhaps, former manager may even be able to help you in the future.

Write the application correctly. The best option is to terminate the contract by agreement of the parties, because in this case you will receive compensation. But if the boss does not agree to fire you, write a statement of your own free will, and in two copies. You will need a second copy if, after two weeks of forced service, the manager says that he does not intend to fire you and did not sign any statement.

The working world is a surprisingly small place. When you leave, you'll never know for sure who you'll be working with, who you'll have to ask for favors, or whether you'll ever need a recommendation from someone else. former boss. And don't forget about gossip. If you leave a negative impression about yourself, there is a risk that people outside the company will find out about it.

How to quit correctly

Submit your resignation letter two weeks before leaving.

The working time may vary from company to company, but two weeks is the standard period. The employer needs time to prepare for the changes, complete the paperwork and start looking for a replacement for you.

Large firms can say goodbye to you on the same day. But managers of small companies may need more long term. In this case, there is a risk of losing your temper, sending your bosses to hell and simply leaving.

Should not be doing that. Look at the situation from management's point of view. In addition, it is disrespectful towards other colleagues. After all, then they will be burdened with your work.

Tell your boss that you're leaving first, and then everyone else.

No matter how much you trust your friends, don't tell them about your decision. Don't post about him on social media. Your manager has the right to be the first to know about this.

It is better to provide this information during a personal meeting. If your boss works elsewhere, talk to him on the phone. You can only send an email if you both don’t have free time. But this worst option, which is better not to use.

Prepare for a conversation with your boss

Before you break the news to your boss, answer a few questions.

1. Do you have a plan of action that will mitigate the impact of your departure? Offer your boss specific ways to solve problems that arise as a result of dismissal.
2. What will you do if you receive a counteroffer? Be prepared to be offered tempting terms to stay. Think in advance what these conditions might be. Would you stay for a big raise? Behind extra week vacation? If you are satisfied with the conditions, wait until they are confirmed in writing. If not, tell the manager that you really appreciate his offer, but cannot refuse the new opportunities of another position.
3. Are you ready, if necessary, to quit later than planned? You may be asked to stay for an additional week or two. Think in advance whether you agree to this.
4. Are you ready to leave the same day you announce your decision? Can you pack up all your belongings and leave your work area immediately?

Speak briefly, confidently and with a smile

Don't beat around the bush. Get straight to the main point. If you have, having a good-natured conversation can be difficult.

Resist the urge to express everything that has accumulated.

Behave with dignity. Suddenly in the future your career paths will they cross paths again?

Thank your manager for working together. It is not necessary to talk about new position. It is enough to simply say that there you will have responsibilities that you have long wanted to perform.

Find out what you are entitled to upon dismissal

This may include additional payments and bonuses that are specified in the contract. The employee must also be paid compensation for unused vacation.

Write a letter of resignation

After talking with your superiors, you will most likely be asked to fill out. Do not write anything unnecessary: ​​the application does not need to describe in detail the reasons for your leaving.

Don't relax

After official statement It's easy to forget about your caregiving responsibilities. But you still have two weeks ahead. If you don’t want to ruin your impression, don’t relax and finish what you started. After all, you will probably be remembered for these last weeks.

Do not start any new projects at this time. If you don't have time to complete something, tell your colleagues what stage the task is at. Leave hints for those who will do your work. Find out how you can help your colleagues.

Make sure everyone regrets your departure and remembers you with a smile.

Don't insult your ex-boss on social media

Some people post messages on social networks about how “glad they are to leave this hell and not see their tyrant boss anymore.” Don't be tempted, even if this is true. Maintain your dignity. The boss may not see this post, but other people will have an opinion about you.

Thank your colleagues and bid them a warm farewell

Don't lose touch with your colleagues. Notify us of your departure by e-mail or in the general chat. Have a farewell party. This great way remember with a smile everything that you have experienced together. You may have developed friendships with some people and want to see them outside of work.

In the life of any person, situations may arise when you urgently need to quit your job. For example, you have been offered a good vacancy and are asked to start work as soon as possible. Any employee would benefit from learning how to quickly quit a job.

The general rule, which is probably known to all employees, is that voluntary dismissal is possible upon a written application submitted no later than 2 weeks before the date of dismissal.

Exceptions to the general rule

Every rule has exceptions. So, in following cases The notice period for dismissal has been reduced to three days:

• if your probation has not yet expired (Article 71 of the Labor Code of the Russian Federation);
• if your work is seasonal (Article 296 of the Labor Code of the Russian Federation);
• if you work under a fixed-term employment contract concluded for a period of up to two months (Article 292 of the Labor Code of the Russian Federation).

In addition, in some situations, the employer is obliged to dismiss the employee on the day that he indicates in the application. These are cases where the employee cannot continue working for valid reasons. The Labor Code of the Russian Federation calls such reasons: retirement, admission to educational institution. It's just sample list grounds. This may include admission to military service conscription, caring for a sick relative, moving to another city. However, there may be disagreements with the employer regarding the presence or absence of such grounds, since the concept of “good reason” is evaluative.

You can resign on the desired day even if the employer violates labor legislation, employment contract etc. (Article 80 of the Labor Code of the Russian Federation). However, such a violation, according to the Labor Code of the Russian Federation, must be established. This is a violation that was detected by authorized entities ( labor inspectorate, trade union, labor dispute commission, court) and documented. For example, the labor inspectorate revealed a delay in payment wages and subsequently a decision was made to bring the employer to administrative liability. This circumstance absolutely makes it possible to resign within the period specified in the application.

In general, non-payment of wages (like many other cases) is an obvious violation, but you cannot be sure that the employer will agree with your wording in the statement if the violation is not recorded.

The law provides for the possibility of dismissing an employee by agreement with the employer. This means that, if the employer does not object, you can quit on any day specified in the application (including the day it was written). Not every employer will agree to this. We will provide tips that can facilitate peaceful dismissal by agreement of the parties.

There is no need to inform colleagues in advance about your intention to quit and consult with them on how best to do this. Sometimes this can cause negative consequences. So, one of your colleagues may begin to regard you as a “traitor”, and may not be averse to annoying you.

A quick dismissal will be facilitated by finding a candidate for your place of work, or better yet, several candidates. Of course, employees are not required to do this. But in some cases it will be much easier to come to an agreement.

Have a heart-to-heart talk with your boss, explaining the reasons why you need to quit quickly. Perhaps, as a result of the conversation, you will be offered favorable working conditions, and you will change your mind about quitting.

Very often, employees are interested in whether they can write a letter of resignation and go on vacation or sick leave. And can the employer force them to “work” for 14 days. Most often, such questions arise if the employer does not make concessions and can only be won by cunning.

First, let's define the concepts. "Working out" is not a concept labor law, however, everyone is accustomed to operating with it. We should talk about the notice period for the employer about dismissal. You have an obligation to notify the employer 14 days before the date of dismissal, but you do not have an obligation to work anything off. Therefore, you can quit while on vacation or sick leave. It doesn’t matter what you do during these 14 days - work, get sick, rest.

If you decide to quit while on vacation or sick leave, then the best option The resignation letter will be sent by registered mail with notification and a list of attachments.

Every second or third person faces the problem of being fired. The reasons may be different, but there are several rules of moral and ethical content that must be observed. From a legislative point of view, there are also nuances, after studying which a whole series of problems can be avoided. negative consequences. How to quit your job correctly so as not to harm your own career and remain in good standing with your former employer?

Difficult decision

Most people try to create a microclimate that is favorable for themselves and those around them in the workplace; the quality of work of the entire team depends on this. Friendly relationships are established with colleagues and adequate relationships with management. But there comes a time when responsibility is accepted and difficult decision leave your usual environment. This may be due to one or more reasons:

• Obtaining a more financially advantageous offer.
• Career prospects and professional growth at another place of work.
• Changing of the living place.
• Conflict with the manager.
• Illness or caring for a disabled family member.
• Inability to maintain working relationships with one or more co-workers, etc.

Everyone has good reason and a number of problems that force a person to change jobs. But you also need to leave correctly; unnecessary emotions, especially negative ones, will not help avoid negative consequences. First of all, you need to calm down and remember legal side the issue of the rights and obligations of the employee, which are regulated by the Labor Code. The dismissal of an employee must meet all his requirements. Let's talk about everything in order.

Dismissal at your own request

A difficult decision has been made, we are preparing to complete the procedure correctly and competently. Article 80 of the Labor Code of the Russian Federation is devoted specifically to the procedure for terminating a previously concluded employment contract with an employing organization at the initiative of an employee. The main provisions of this law are as follows.

1. Each employee has the right to terminate the contract with the employer by own initiative, warning the management of the enterprise in writing.
2. The resignation letter is submitted to the head of the unit for review two weeks before the termination date of the contract. Within 14 days, the employee is obliged to perform his duties as usual (according to job description) and go to work every day.
3. By agreement between the employee and the head of the enterprise, the period of notice of dismissal can be reduced, i.e. you can work for more than 14 days, the number depends on agreement.
4. Dismissal of an employee on the day the application is submitted can be made if it is impossible to continue working (illness, admission to educational institution, violation by the employer of the Labor Code of the Russian Federation or other normative act, retirement age, disability, urgent relocation and other circumstances specified in the application).
5. After submitting the application, the previously concluded employment contract must be terminated on the 14th day. During this time, the employee has the right to pick it up, in which case the agreement continues to be valid. But if a corresponding order is issued, and another employee is invited to this position, then there are no grounds for refusing to hire a new employee.
6. After the expiration of the statutory notice period (2 weeks), the employee has the right not to attend the workplace, even if the employer has not terminated the contract.
7. On the last working day, the company is obliged to pay the employee the salary and all due compensation, and reflect the dismissal in the work book, which is issued on the same day.
8. If the period allotted by law for notice of dismissal has expired, and the employee continues to go to work, and the employer has not issued an appropriate order, then the application may be considered cancelled.

Procedure

The Labor Code reduces dismissal to three main points.

1. Submitting a letter of resignation.
2. Completion of the warning period (at least 14 days from the date of application).
3. Receipt of payment and work book by the employee (agreed with management, but no later than the last working day).

IN real conditions possible various options developments of events that are based on the parties’ disagreement with any point. Employers often try to delay the work period if the employee is valuable to the company: they do not sign the application or say that they did not read it in a timely manner. Sometimes there are unpleasant situations with delays in settlement and receipt of necessary documents. On the part of the employee, the most common violation is failure to fulfill job duties and absence (without a good reason) from the workplace after filing an application, which is regarded by the employer as absenteeism. From point of view Labor Code, this may entail dismissal under another article or sanctions (including fines) prescribed in the internal documents of the enterprise. In any case, all disagreements can be resolved through negotiations, which is what lawyers advise. If this is not possible, then each party can appeal to the courts. To avoid conflict situations, the employee and employer must strictly follow the laws and not allow them to violate them. opposite side. First of all, we write the resignation letter correctly. As shown arbitrage practice, a large number of mistakes are made by the employee himself.

Statement

There is no clearly developed form of application for dismissal in legislative acts, so controversial situations often arise. Enterprises independently create unified forms that are used as a form. In most cases this type The document is written by hand and has standard content. How to quit your job correctly? Write a competent statement, and many lawyers advise doing this in two copies and registering it as an incoming document or signing a person who has read it official indicating the date. The second copy remains with the employee and can be used in the event of an emergency. conflict situation. For example, if a document is lost or it is untimely provided by the head of a department to the director of the enterprise. A typical application form looks like this:

To the director of Neva LLC

Sidorov I. I.

From accountant Selezneva A. Yu.

Statement

I ask you to dismiss me from my position at my own request on July 14, 2011.

Selezneva A. Yu. (signature) 07/01/2011

This form is simple and informative, it indicates the expiration date of the warning period and clearly states the date for submitting the document. An employee can write a letter of resignation in advance (six months, three months), this is not prohibited by law, although this situation rarely occurs in practice. As judicial practice shows, the majority controversial situations can be avoided if the employee and employer clearly agree on their wishes in writing.

Terms of dismissal

From the moment of registration of the application, the legislation establishes a period (two weeks) of 14 days, after which the employee must receive a payment upon dismissal and a work book form with the corresponding entry. For many reasons former employee strives to reduce this time. The problem is easily solved if the parties (employee and employer) mutually agree. You can quit your job without working time by filling out an application accordingly or by signing a separate agreement. The resignation letter indicates the date of termination of the contract desired by the employee. If the manager signs it, the order is issued specified period. For employee main task is the correct justification for the need urgent dismissal and the presence of a person who can begin to perform his duties in short term. As objective reasons There may be illness, urgent family circumstances, etc. If the head of the enterprise does not agree with the employee’s arguments, then he will have to work out the full time required by Article 80 of the Labor Code of the Russian Federation. Therefore, the question of how to quickly quit a job is relevant for many workers, especially for those who are afraid of missing out on a more promising job that seems very attractive to them.

Calculations upon dismissal

After terminating the contract and signing the corresponding order, the employee must receive all required types calculation, compensation is also paid. Upon dismissal, the accounting department calculates wages based on the time actually worked for the current month, regardless of the end date of work. As a rule, problems do not arise with this type of payment; the calculation is carried out in the standard mode. Most often, questions regarding accrual arise when issuing compensation for unused vacation. Upon dismissal, the calculation of this amount may cause controversy. Vacation pay is accrued to employees in accordance with Article 121 of the Labor Code of the Russian Federation annually, while many employees actually do not go on vacation at their own request or on the initiative of their immediate supervisor. Information about this payment is collected for the entire period of work, i.e. for each year, regardless of the fact of using vacation. Compensation upon dismissal is regulated by Article 127 of the Labor Code of the Russian Federation. If, due to the type of activity, an employee has the right to additional (extraordinary) leave, then his payment is regulated by internal regulatory documents enterprise and management decisions. For advance payments of vacation pay, this amount is deducted from the calculation. Other types of severance pay and compensation payments depend on the type of activity of the enterprise and the profession of the employee.

Withdrawal of application

Sometimes an employer, when negotiating with an employee regarding dismissal, due to the value of a specialist, tries to interest him in more favorable working conditions and keep him at the enterprise. This could be a salary increase, career or a more responsible area of ​​work. At the same time, the remaining 14 days of work are left for the employee to carefully consider management’s proposal. The result is not always predictable, but most people, when thinking about the prospects for a promotion and the fact that at the same time they can remain in native team, most often they withdraw a previously written statement. This is usually done in two ways: either after the expiration of 14 days, the employment contract remains in force by agreement of the parties, or it is written official document to invalidate the resignation letter. Unified form the document does not exist, so it can be written in any form. It is invested in the employee’s personal file, and the application for voluntary resignation loses legal force.

Leaving correctly

Regardless of the reason for leaving, the employee must behave very correctly and with dignity, leaving the most good impression about yourself both as a person and as a specialist. To do this, you need to follow several basic rules. You can’t go “nowhere”; you first need to find a place to work and go for an interview. If the future location is objectively more promising, then you can prepare the team for your departure. Some employers understand that an employee is looking for a new job because they cannot provide prospects for further growth and development. Although most managers and colleagues treat the one who submits a letter of resignation as a traitor.

Diplomacy

It is possible that the bright prospects of working in a new position in a long-awaited place will remain a dream, so you should communicate very correctly with management. No one is safe from mistakes; what if you have to go back? When talking with the director, you must use maximum arguments and a minimum of emotions. The reason for leaving should be formulated in such a way as not to affect the person’s self-esteem. It is best to start the conversation with gratitude for the invaluable experience of working under his leadership. If you formulate your request correctly, you may be able to quit your job without working off. But at the same time, it is necessary to provide justification for the completion of all your current affairs. If the diplomatic approach gave positive result, then you can ask for recommendations for a new job. And then you can even sit down to write the book “How to Quit Your Job the Right Way.” The basic rule: do not slam the door and shout about what a bad enterprise it is, even if the dismissal of an employee occurs on the initiative of the manager, you must at least “save face.”

Team

How to quit your job correctly so as not to quit friendships and be able to return? The recipe is simple - be open and friendly. The work team is a big family - if you explain it correctly, they will understand and support you. A prerequisite for dismissal is the delivery of all current projects and the completion of work begun. It will be very good if an employee brings to his place qualified specialist, the training of which will not take much time. Then the work process will not suffer, which will greatly please the management of the enterprise and colleagues at work. After submitting the dismissal document and if it is signed by the director, it is necessary to notify all contractors with whom workers and personal contacts. This will help you not to lose useful connections and establish them if necessary, and it will also make the work of the person who will work with them easier in the future.

The final stage

After receiving the entire settlement amount and due compensation, do not forget to say a warm goodbye to your colleagues, a small tea party will leave Nice memories. But in the holiday bustle it is necessary to collect everything Required documents. Employment history must contain a record of termination of the employment contract at the initiative of the employee, i.e. Art. 80 of the Labor Code of the Russian Federation. If you manage to get a letter of recommendation from management, it will be very useful both for the employee and for the image of the employer’s company. From the accounting department you must obtain a certificate in form 2-NDFL ( income tax) over the past 6 months. It will be needed at the new place of work for calculation sick leave or vacation. Don’t try to take everything you’ve developed with you; your colleagues will be grateful if you leave the developed summary tables or indicator charts with them and teach them how to create the same ones themselves.