How to quit work

The content of the article

• Dismissal in the legislation
• Rights and obligations of an employee
• Rights and obligations of the employer
• Grounds for termination of employment
• Agreement of the parties
• Of my own free will
• At the initiative of the employer
• According to the article
• By term of employment contract
• Other
• Dismissal Actions
• Communication with the leader
• Application
• Working out the due date
• Preparing the workplace for transfer
• Final settlement
• Reception of documents on dismissal
• Can I quit on probation
• Dismissal of a pregnant woman of her own free will

The employer and employee are equally interested in complying with the law when terminating the employment contract (TD). You should know how to quit your job competently, what rights and obligations both parties have in different situations.

Dismissal in the legislation

The termination of an employment contract with an employee is regulated by the Labor Code of the Russian Federation (TC TF). The legislative act contains a list of reasons for dismissal, stipulates the liability of the parties. It is possible to leave a position at the initiative of an employee or employer.

Rights and obligations of an employee

TD ceases to be valid only after dismissal on the basis of the law, while the employee has the right:

• get a package of documents from the last place of work;
• take the initiative to leave;
• to be informed in writing about the upcoming reduction;
• receive severance pay in cases specified in the Labor Code of the Russian Federation and full payment upon dismissal.

Not all companies comply with the law when parting with employees.

If legal rights are violated, the employee may contact the union or the State Labor Inspectorate.

A complaint to this organization is served by calling the hotline through the official website. Particularly difficult situations are dealt with in court, the employer may file a counterclaim.

Rights and obligations of the employer

The company is obliged to fire a specialist if he has taken the initiative, in compliance with the law. The employer can count on the employee to work out a two-week period. During this time, there is a transfer of cases, execution of settlement, due payments. The director of the enterprise is not always ready to part with a good specialist.

He does not have the right to refuse dismissal by law. Art. 84.1 of the Labor Code of the Russian Federation prescribes the mandatory termination of TD by the employee’s will and full financial settlement with him after 14 days from the date of writing the application. Violations of this clause threaten the company, officials with an administrative fine or criminal liability.

Grounds for termination of employment

Article 77 of the Labor Code of the Russian Federation provides for the general reasons for terminating the TD. The grounds for termination of employment may be the agreement of the parties, the employee’s own desire, article or expiration of the contract. Any dismissal from work must be carried out strictly following the law..

Agreement of the parties

Termination of the TD is permissible by mutual agreement of the employee and the employer. Dismissal by agreement is initiated by either party. The conditions for the cancellation of the AP can be written in it, but the law does not require this.

If, after the termination of the AP, by agreement, register with the Employment Center, a person will be assigned benefits taking into account the average level of salary at the last job. When dismissing on their own initiative, the amount is calculated on the basis of the minimum wage (minimum wage).

Of my own free will

To leave work on his own initiative, the employee must warn the management in writing in two weeks. By agreement with the employer, termination of the TD is permissible earlier than this period. Sometimes the duration of mining is from three days to a month.

The employee has the right to withdraw the application within 14 days from the date of writing.

If a new person is not invited to the place of the employee leaving the company, who, according to the law, cannot be refused a TD, dismissal is not carried out. When an employee does not insist, the contract may continue after two weeks.

At the initiative of the employer

Article 81 of the Labor Code of the Russian Federation stipulates situations when the tenant may voluntarily terminate the TD:

• Company liquidation or closure of IP.
• Staff reduction.
• Low qualification of the employee, which is identified after certification.
• Change of ownership.
• Forgery in the documents that the employee submitted on the device.

According to the article

An employee may be fired for violation of the work schedule. This requires documents that confirm such facts. In the workbook indicate the article of the Labor Code of the Russian Federation – the reason for the termination of the contract.

Grounds for termination of TD:

• Absenteeism, leaving a job for more than four hours per shift without good reason.
• Presence at work after drinking alcohol, drugs.
• The presence of disciplinary action. Further failure to perform work duties without good reason.
• The facts of theft, embezzlement, deliberate destruction of another’s property, which are established by the court.
• Disclosure of secrets protected by law, which the employee learned about when doing work.
• Violation of labor protection conditions that entailed serious consequences. The fact is established by a special commission..
• Loss of trust due to actions when working with money, material assets.
• An immoral act committed by an employee in the field of education.
• Incorrect decision of the head of the organization, which caused material damage.

By term of employment contract

Urgent AP is terminated after the period specified in it. Three days before the dismissal, the employee is given a written notice. If he did not receive a warning, the contract is automatically renewed, becoming unlimited. When the termination of urgent TD occurs during pregnancy, the contract term is increased at the request of the woman until maternity leave.

TD, which is signed for the period of performance of certain works, will be terminated after their completion.

If it is executed at the time of replacement of the absent employee, – with the resumption of his labor duties. The seasonal contract is terminated upon expiration.

Other

• Transfer of an employee to an elected position, to another employer.
• Disagreement with the new owner of the company.
• Refusal to cooperate after changing TD conditions.
• Rejection of the proposed work, which is necessary for a medical certificate.
• Disagreement to move to another location with the organization.
• Violations of the legal rules for concluding TD.
• Circumstances that arose independently of the will of the parties.

Dismissal Actions

Termination of TD includes several stages. To quit work without any problems, you need to talk with the manager, apply. The employer calculates, issues documents. The employee must prepare the workplace for transfer, work out the deadline set by law.

Communication with the leader

When leaving, it is advisable to maintain a good relationship with the former employer. It is worth notifying the upcoming departure first of the boss, then colleagues.

It’s better to do this in advance in order to finish the work you have begun, and give management time to find a replacement.

As a result, you can quit, leaving a pleasant impression about yourself and get good recommendations..

The accumulated grievances and emotions should not be expressed. A potential employer can informally find out information about a candidate for a position from his former boss. Scandalous dismissal sometimes hinders career.

Application

To properly quit a job on your own initiative, you must write a statement. A sample can be obtained from the personnel department, free wording is acceptable. The document is drawn up in the name of the head.

The application contains the following information:

• Name, position of the applicant;
• reason for dismissal (at will);
• dismissal day
• date of writing, signature.

You can send it to the employer in several ways: personally transfer it to the personnel department, the office, send it by registered letter with a notification, a list of investments. The latter method will help you to quit your job competently if the employee is refused to terminate the TD. 14 days after receiving notification of the delivery of the letter to the organization, you can pick up the documents, get a calculation.

Working out the due date

The Labor Code of the Russian Federation does not contain a clause on mandatory 14-day mining. After applying, you can take a vacation or sick leave until the day of dismissal.

It is impossible to refuse working out without good reason.

Absenteeism will be recognized as absenteeism.

Dates during which it is necessary to notify the employer in writing about leaving the post:

• during the trial period – three days;
• general situations – two weeks;
• upon leaving the athlete or trainer with whom the TD has been concluded for a period of four months or more, no later than 30 days;
• upon dismissal of the head – one month.

Cases when the AP is terminated before the expiration of 14 days, from the moment specified in the application:

• admission to study at a university, college;
• retirement;
• violation by the employer of labor law.

Preparing the workplace for transfer

In order not to spoil the impression of yourself from the former boss and colleagues, in the two weeks that remained before the dismissal, you need to finish all the work begun. If an employee leaves a managerial position or is a financially responsible person, for example, a sales director, all values, documentation, rights are transferred to the employee who came to his place.

The legislation does not stipulate the obligation to prepare a workplace. The need to transfer cases, the procedure can be specified in the regulatory enactments of the enterprise.

Final settlement

All amounts that are due to the employee after the termination of the TD are paid at the time of dismissal. If the employee did not work on that day, he will receive the money the next, after requesting the final calculation. Labor legislation penalizes violation of these terms, which depends on the time delay.

If the calculation is not made within 90 days from the date of termination of the TD, the organization will be fined 120 thousand rubles. With systematic delays in compensation when calculating the head of the enterprise or the chief accountant faces criminal liability.

Reception of documents on dismissal

The employee on the last working day, in addition to calculation, upon his request issue certificates:

• on granted holidays;
• on dismissal, employment;
• form T-2 (on job changes during work).

The enterprise is obliged to issue documents related to labor activity within three working days:

• work book;
• personal income tax form 2 for two years;
• settlement sheet;
• certificates for the Pension Fund in the forms SZV-STAZH, SZV-M;
• extract for the Federal Tax Service from section 3 of the calculation of insurance premiums.

Can I quit on probation

A person may at any time stop working on his own initiative. You can quit the law on probation. You need to contact the head with a free-form statement with a request to terminate the TD at the request of the contractor. According to the Labor Code of the Russian Federation, the employer should be warned three days before the vacancy.

Dismissal of a pregnant woman of her own free will

Art. 261 of the Labor Code prohibits termination of TD with a woman expecting a child at the behest of the employer, regardless of the reason. An exception to the rule is the liquidation of an organization. A pregnant woman can quit her job on her own. She needs to be provided with a written statement 14 days before the date of her dismissal..

If a woman is undergoing inpatient treatment, she may quit without working for two weeks. The application is then sent by registered mail with a notification. The management carries out dismissal, according to the Labor Code of the Russian Federation.