You have received an attractive job offer and have firmly decided to quit your current job. It would seem that it’s a small matter: inform your boss about this, write a letter of resignation, receive a payment - and hello, new life! But for some reason, your legs keep carrying you past the manager’s office, you put off a difficult conversation, feel awkward in front of your colleagues...

How to quit your job with minimal losses for your career and nervous system?

Leave beautifully
This situation is familiar to many: a new employer is already preparing a workplace for you, but the current one is not yet aware that the launch of a new project and a corporate celebration will take place without your participation. When and how to inform your manager about upcoming changes?

The first rule of competent dismissal is not to burn bridges. Try to maintain good relationships with your colleagues and boss. Often a wide professional circle turns out to be narrow in reality, and it is likely that you will still meet with former colleagues and your manager. This is especially true for small cities.

A difficult conversation with your boss needs to be had face to face. If your office is an open space, then it is better to go to the meeting room: for the time being, colleagues should not know about your plans. How the conversation with the manager goes depends on many things: the work situation, your personal relationships, the situation in the team, etc.

Of course, it is better to talk about the reasons for leaving as sincerely as possible. However, no matter how much you would like to, do not tell your boss that you are not delighted with his team management style, the work seems boring to you, and the salary is small. Diplomacy is a great thing: with its help you can maintain good relations even in a very difficult situation. Explain that you received an interesting offer - a more serious position, a higher salary. Perhaps your family situation has changed and you can no longer travel to an office on the other side of town. Or maybe you are tired of constant overtime and feel emotionally burnt out. These kinds of reasons need to be told honestly, but at the same time delicately. Don’t forget to add that you are very sorry to leave the team, but you are grateful for the experience gained while working in the company.

An adequate leader will understand your motives, but be mentally prepared for a counterproposal. A salary increase, a new position, an unscheduled vacation or an interesting business trip - some employers are ready to do a lot to retain a valuable employee. It's up to you to decide whether to leave or stay on new terms. The main thing is that the manager does not think that you are manipulating him for a promotion in position or salary.

Warn in advance
Article 80 of the Labor Code obliges the employee to give notice of his voluntary dismissal 14 days in advance, however, by agreement with the employer, this period can be reduced. But do you need it? On the contrary, for the sake of maintaining relations with your superiors and receiving good recommendations, it may be worth talking earlier, for example, not two, but three weeks before dismissal. This way, you will give the company more time to find a new employee and finish things off calmly. Your new employer will most likely understand your desire to finish what you started in your old place. In addition, you will show yourself as a responsible person.

Regardless of whether you have the opportunity to warn your manager about leaving early or not, try to make the transition period easier for the company - the time when you will no longer be at the workplace, and the new employee has not yet gotten into the swing of things. If possible, complete current projects, deliver on time, and leave key contacts with the new employee. In short, make life easier for your successor.

The last two weeks of work should not be perceived as something similar to a vacation - on the contrary, it is a kind of summing up. Arrive on time, do not try to leave work early, because the last fourteen days are paid by the employer in the same way as all the previous ones.

Keep traditions
On the last working day, you not only need to pick up your work book, but also say goodbye to your team. Send an email to your colleagues, thank them for their cooperation and kind attitude, because working in the company has probably taught you something. Exchange contacts with key employees and with everyone who worked with you in the same department. Colleagues from the department can be presented with a small souvenir in memory of how you prepared reports together, launched projects or fought for clients.

In some teams, on the occasion of dismissal, it is customary to invite colleagues to a nearby cafe after work or treat them during their lunch break in the office. Don't break traditions and let your colleagues congratulate you on a new step in your career.

Know your rights
Unfortunately, the dismissal procedure does not always go smoothly. It happens that an employer, having learned about an employee’s decision to quit, begins to behave like a feudal lord, trying to keep him. Various methods are used: from promises of golden mountains and high positions to threats of dismissal under the article or not signing a letter of resignation.

But even in such situations you shouldn’t get lost. As you know, serfdom was abolished in Russia 150 years ago, and you can quit without waiting for your manager’s signature. To do this, you need to document the fact of filing a resignation letter, either by handing it over to the manager through the office in compliance with all formalities, or by sending it by registered mail with notification. The date of notification that the letter was delivered is the date of your notice of dismissal. After 14 days, the employer is obliged to issue you a work book and a paycheck, which, among other things, should include compensation for unused vacation. Keep in mind that you can refuse it and take a vacation with subsequent dismissal. In this case, the last day of work in the company will be the last day of vacation.

But how to survive two weeks under pressure from a manager who is offended by your “infidelity”? Do not give in to provocations, do your job, strictly follow all paper formalities, do not be late and do not give reasons for making comments to you. In the most extreme case, a sick leave can help you out: while the employee is sick, two weeks of work go on as usual.

Whatever your last days at the company, remember: before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. And although there is an opinion among both employees and employers that there is no turning back for those who decide to leave the company, there are still exceptions.

Dismissal is the process of leaving an employee from work. This article describes in detail the entire dismissal process, offers a sample application and 2019 legislation relating to this issue.

The law provides for several grounds for termination of employment relations:

• expression of the employee's will;
• initiative of the head of the enterprise or immediate superior;
• decision of third parties (conscription into the army, conviction, etc.).

Dismissal procedures differ in application forms, compensation payments, taxation and entry in the work book. Which method to choose depends on individual situations and the participants in the relationship. This article will tell you how to correctly write a resignation letter using each method.

Dismissal at your own request: is it worth it?

Article 80 of the Labor Code regulates the termination of an employment contract at the initiative of a company employee. The legal norm guarantees the dismissal of an employee at his own request, provided that he writes an application in the established form.

The correct form for a sample application for resignation at one's own request 2019 -

The document is submitted 14 days before the expected date of termination of employment (it is important to note that no later) to the director of the enterprise, who is required to endorse it with his signature. If the employer does not want to let his subordinate go (there is no replacement, excellent performance of the employee, etc.), the latter must write a statement, which is sent by mail.

You should know that a registered letter with notification must be registered in the incoming mail book, and, in accordance, provide a response.

According to the law, the manager does not have the right not to release his employee from work if he wants to resign of his own free will.

After completing the established period of service and using vacation, the employee is issued a work book with the entry “dismissed in accordance with clause 3 of Art. 77 Labor Code of the Russian Federation.”

This entry provides grounds for registering as unemployed at the Employment Center and receiving a larger amount of monthly payments if you have insurance coverage.

How to resign correctly and get the necessary entry in the work book

1. When an employer does not want to “spoil” an employee’s work record and invites him to resign of his own free will, the employee of the enterprise is not obliged to write such a statement. However, in order to avoid unpleasant situations, voluntary dismissal would be more appropriate.

1. If the employee compiled the application correctly, sent it on time or submitted it in person, then after two weeks you may no longer go to work. The manager is obliged to hand over a work book with the appropriate entry and seal of the enterprise.

1. Working out a two-week period at the company is approved according to the Labor Code. However, by agreement of the parties, this period of working time may be shortened, or the employee may not go to work at all after submitting an application.

There are still options for quitting without working 2 weeks in 2019:

• upon retirement;
• upon admission to university;
• in accordance with the terms of the employment contract, etc.

1. If the employee has not been fired within 2 weeks and does not express his intentions to leave work quickly, then the contract is extended. On the basis of this, salaries are still calculated and length of service is counted.

1. After the employee has written an application and his life circumstances have changed (there is no need to quit), he can write a review of the previously written document.

Application for dismissal by agreement of the parties 2019

Art. 78 of the Labor Code of the Russian Federation regulates the rules for terminating labor relations by mutual consent of the parties. The dismissal agreement by agreement of the parties can be terminated at any time with the consent of the employer and his subordinate.

Dismissal procedure:

1. When an employee has expressed a desire to leave the enterprise, he must to write an application, in the content of which indicate the method of dismissal (by agreement of the parties). Such a document is registered in incoming correspondence, after which the head of the organization makes a decision on the date of termination of the relationship.

1. If the employer agrees, a corresponding order is issued with the payment of compensation upon dismissal by agreement of the parties (for vacation not taken, compensation of wages, etc.). Any additional compensation, other than severance pay and compensation for unused vacation, overtime, etc., is not provided for dismissal by agreement of the parties in 2019.

1. In the opposite case, when the employer offers the employee to resign of his own free will, the second party also sends a document with a similar offer. The director of the organization is obliged to indicate in the text of the document the approximate term of termination of the employment relationship and the final date for the employee to make a decision.

The employee also has the right to accept or refuse this offer.

1. Next, an order is issued to dismiss the employee, and the HR department records it in the work book - on the basis of clause 1, part 1, art. 77 TK.

The correct sample of a dismissal record by agreement of the parties is:
download

Possible situations upon dismissal

The law provides that dismissal by mutual agreement of the parties can occur at any time, even if the employee fails to fulfill his official duties.

Thus, termination of the employment relationship is possible when an employee on vacation has written a letter of resignation or is on sick leave.

Upon dismissal, the employer is obliged to pay wages in full, including the last day of work. If these obligations are not fulfilled, the employee may file a claim in court for forced collection of wages.

According to Art. 127 of the Labor Code, a hired worker who did not use his annual leave is required to pay monetary compensation. Art. 178 of the Labor Code provides for the provision of severance pay upon dismissal by agreement of the parties, the amount of which may be specified in a collective or labor agreement, or established by decision of the employer.

Upon dismissal, by agreement of the parties, personal income tax is paid to the budget on the full amount of salary received, including the last day of work. The transfer of funds for personal income tax must be made no later than the day the funds are received in the bank account ().

Additional materials on the topic:

Characteristics from the place of work: download an example, sample drafting
Application for vacation and time off for the upcoming vacation: sample
Sample application for time off: at your own expense, for previously worked time and for family reasons

The reasons when an employer requires an employee to write a statement of his own free will can be very different - the company does not have enough money to pay the employee, a personal conflict between a manager and a subordinate, an intention to vacate a position for “their” candidate. But all this does not mean that an employee is obliged to humbly resign just because the employer wants it that way. On the contrary, in most cases, Russian legislation is on the side of workers.

AiF.ru, together with experts, examined in detail the popular questions that arise among employees who are faced with an employer’s request to write a statement of their own free will.

How to behave if your boss demands that you resign at your own request?

In case of voluntary dismissal, only the employee can be the initiator. Otherwise, it will be the desire of the employer, not the employee. Such requests from superiors are illegal.

“If you do not plan to part with your employer, then, of course, you should not write such a statement. I also don’t recommend entering into open confrontation with your superiors. First of all, you should clarify with management what caused this decision, and, based on the answer, take specific actions,” advises senior lawyer of the labor law department of the Institute of Professional Personnel Tatyana Shirnina.

There may be several ways out of this situation:

1. Do not write a letter of resignation of your own free will and continue to work as if nothing had happened;
2. Do not write the above statement, but contact the regulatory authorities with a complaint against the employer;
3. Offer the employer to part ways by agreement of the parties with payment of a certain amount.
   “Often it is the latter option that suits both parties. The employee does not want to be “thrown out” of his job, and the employer is ready to pay if only the employee would leave. Therefore, there is always a choice, and it is up to the employee,” Shirnina emphasizes.

What to do if the employer is against the contract by agreement of the parties?

It happens that the manager stands his ground and does not want to hear about any agreement between the parties. In this case, he will have to deal with the labor inspectorate. After contacting this service, it must conduct a check on the employer.

If the manager puts pressure

Typically, requests to write such a statement are accompanied by pressure on the employee. If your manager makes threats in an attempt to get fired, his behavior is a legal reason to contact the labor inspectorate, the court and the prosecutor's office.
“If the manager limited himself to verbal actions when putting pressure on the employee, without resorting to threats to the life and health of the subordinate, then the boss who violated the law will face punishment under Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation. At the same time, pressure should be understood as more than just a suggestion made at least once to write a statement. There must be a mandatory requirement, implying that if the employee disagrees, he will be subject to some kind of damage (he will be fired for an alleged gross violation of labor duties and theft in the workplace),” explains Postanyuk.
According to him, if there are no aggravating circumstances in the case (repeated commission of a similar crime), then the unscrupulous manager may be overtaken by either a warning or a fine of 1 to 5 thousand rubles in relation to an official or individual entrepreneur. The punishment for legal entities is more severe: they are required to pay compensation in the amount of 30 to 50 thousand rubles.

“If an employer uses violence against his employee, then he will face criminal liability under one of the articles of Chapter. 16 of the Criminal Code of the Russian Federation,” he adds.

What is evidence of pressure being exerted?

According to Shirnina, most often courts recognize audio recordings of conversations recorded on a voice recorder as inadmissible evidence.
“Moreover, the courts, as a rule, reject requests to order a phonographic examination of a voice recording of a conversation. But it must be said that even if the recording is not included in the case, but is heard by the court, this can form the internal conviction of the judge, so it is worth trying to file such a petition,” she notes.

What threatens an employer who forces him to write a statement of his own free will?

If an employee contacts the labor inspectorate with a complaint about the employer’s illegal actions, the latter should prepare for an inspection.

“As a rule, it rarely happens when all personnel documents are in perfect condition, so the likelihood of being brought to administrative responsibility is quite high,” Shirnina emphasizes.

Can an employer fire an intractable employee?

As practice shows, if an employer plans to get rid of an unwanted employee, he rarely abandons this idea.

However, the manager cannot fire an employee just because he refuses to write a statement of his own free will. But he can try to bring the subordinate under one of the grounds. For example, absenteeism or showing up at work while intoxicated.

“An employee who is asked to write a statement of his own free will should be more attentive to his job responsibilities, come to work on time, not be late from lunch, and not arrange “smoke breaks” and tea parties for himself during working hours. In general, fully comply with labor discipline. In addition, perform your job duties carefully and efficiently, because this employee is under the close attention of the employer,” advises Shirnina.

“You are not qualified for your position”

Often, in response to logical questions from employees, “Why are you asking me to quit?” the employer replies: “You are not suitable for your position. And management’s opinion on this issue is sufficient.”

No, not enough. The fact is that the employee’s inconsistency with the position held or the work performed must be confirmed by the results of certification (Part 3, Article 81 of the Labor Code of the Russian Federation), and not by the subjective opinion of the boss.

“At the same time, the certification process is applicable only to employees who, by the nature of their activities, are associated with equipment, mechanisms, machines, devices, devices and vehicles, as well as sources of hazards that can have a harmful effect on humans. In addition, it is also necessary to certify specialists who use hand tools during their work, including electrified or mechanized ones. The latter also includes the participation in the procedure of office workers, who spend more than half of their time at the computer. Certification in a specialty is carried out only on the basis of special educational institutions, courses or plants for both private companies and government agencies. Thus, the manager’s ability to influence the certification to his advantage is reduced to a minimum,” says the lawyer.

As a result, the certification mechanism is not available to an unscrupulous employer.

About the job description

Not all companies have employees with a job description and a clear area of ​​activity. Can an employer take advantage of the lack of a job description and fire an employee, citing this fact?

“A job description is not a mandatory document, so here we need to start from where the employee’s job function is stated. If it is stated directly in the text of the employment contract or in the job description (which the employee is familiar with), then this is one story and here the certification procedure can be launched, and based on its results a conclusion is made that the employee is not suitable for the position held.

This is due to the fact that first of all it is necessary to understand what the employee does not meet and what requirements were initially placed on the employee.

“In general, such a basis as an employee’s inadequacy for the position held or the work performed due to insufficient qualifications, confirmed by the results of certification, is quite slippery. As a rule, it is the employees who win in such disputes. The very procedure for such dismissal for commercial organizations is not regulated by law and, as a result, is carried out in violation; conclusions about the employee’s non-compliance are considered biased,” the expert adds.

Can an employer force an employee to sign a job description after the fact?

The job description specifies the employee’s job function, and it is a mandatory condition of the employment contract, experts say. Changes (including additions) to the terms of the employment contract are permissible only with the consent of the employee. It is impossible to force an employee to sign something without his desire already during his working life.

“By the way, the absence of a mandatory condition of the employment contract is regarded as a violation of labor legislation, for which administrative liability is provided (Part 3 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation),” Shirnina notes.

What to do if the application has already been written?

Another situation is if the employee, under pressure, wrote a letter of resignation, and then filed a lawsuit for reinstatement at work.

According to the expert, in this case, it is quite difficult to prove the employer’s coercion, since it is the employee who bears the responsibility to prove that he was forced to resign of his own free will.

“However, the employee still has a chance to prove that the employee filed the application of his own free will, out of fear of being fired. This is evidenced by judicial practice, for example, the ruling of the Nizhny Novgorod Regional Court dated November 20, 2007 in case No. 33-5607. In this decision, the court assessed the employer’s threats to fire the employee for absenteeism as a circumstance confirming pressure and coercion to dismiss. Judicial practice in disputes about restoration is quite diverse and depends on the specific circumstances of the case; it is always worth fighting for your rights,” summarizes Shirnina.

From time to time, some people come to the idea that they need to change jobs. Sometimes the reason may not be that the job is bad, but that changes in life are simply needed. Gone are the days when a person could work in one place for his whole life and be satisfied, because there was no choice.

Now is the age of progress, when new types of activities are being developed, and everyone can try to choose among many different jobs. After all, the main thing is that work should bring pleasure and not be a heavy burden. We work to live, not live to work. Each sector in life should have its place. Remember, work is just an addition to everything else. Give her the allotted time without sacrificing something much more valuable, such as relaxation and family.

If the issue of dismissal is finally resolved, then how to quit your job correctly so that this change in life benefits everyone?

Why change jobs?

Check your motives. Some people quit just to... satisfy your ambitions. They believe that in the same place:

• they are not valued as a good worker;
• they are underpaid, but they deserve more;
• They constantly find fault and demand a lot.

Often these problems arise due to employee's relationship. Many people allow themselves to be systematically late, not submit work on time, or engage in extraneous activities. And it is clear that the attitude of the authorities is changing. After all, the employer pays for good work, not for pretty eyes.

Maybe, there was a conflict, as a result of which the person decided to leave or circumstances simply changed. But if you still don’t like something, then leaving is not a way out of the situation. There is no need to run away from problems, they need to be solved. And there are no guarantees that everything will be your way in the new place. This doesn't happen! Change your attitude towards a situation or towards individual people, and this will make you feel much better. No one wants to be misunderstood as an irresponsible person who changes jobs like gloves.

If the problem is salary, why not go to the boss and explain everything as it is. After all, everyone is human and, perhaps, he will enter into your position and improve it. But to take such a step, you need to be a diligent worker and prove yourself well. Each work done must be paid accordingly.

All is decided…

If the above does not apply to this situation, then you should familiarize yourself with the Labor Code in order to find out how to properly quit your job.

Letter of resignation drawn up in writing and submitted to the boss. It must be signed by the supervisor and recorded in the ledger, if there is one. You should not inform your colleagues about your decision before talking with the employer, it is simply indecent. The boss deserves to be the first to know. In this conversation, it is necessary to follow the rules of good manners.

There is no need to talk about what you don’t like about this vacancy or, even worse, about your personal dislike for the manager. Break up amicably so that in the future you won’t be ashamed to look him in the eye. And remember, life is such a thing that everything can turn like a boomerang, and you still have to come face to face with your former employer.

It also depends on the relationship with your superiors as to which article will be entered in the work book, and this affects a lot. Even if the treatment really wasn’t the best, you still shouldn’t be like such people. You need to maintain your own dignity. After all, what makes a person beautiful is his inner qualities.

Dismissal process

After completing the application, the hardest part lies ahead. It’s worth preparing for such a conversation so that everything is under control. Think about how to respond if your boss starts offering new conditions, for example, a salary increase, vacation, or less workload. After all, no one wants to lose a good employee, and is ready to retain their staff by any means necessary.

If the dismissal is due to the appearance of a new job, then you will have to reject the above proposals and stand your ground. Thank your manager for good cooperation, this behavior will help maintain a positive opinion of yourself.

Notice is given two weeks before leaving, this is worth remembering. Sometimes this period is reduced by mutual agreement. Or it increases due to the fact that it is necessary to find and train a new employee. After all, such a decision may take the employer by surprise. Perhaps there is a need to finish a major project or catch up on other things. It will be better if there are no tails left behind you.

You have the opportunity to change your mind within 14 days. Some employees manipulate their bosses with such statements in order to raise their salaries. But if a person decides to leave, it’s worth doing so. After all, manipulation is a dishonest technique. The opinion in the team will immediately change, and it is already very difficult to regain the former respect.

The most common dismissal options

You can quit under various articles of the Labor Code, but your future life depends on it. It's best to leave your job when there is an alternative. But if you are forced to leave without moving to another place, you need to consider the following points. There are two common options entries in the work book:

1. Dismissal at your own request.

There is a significant difference between these two concepts. If you intend to register with the employment center after leaving your job and receive the unemployment payment required by law, it is better to resign by agreement of the parties. And you will receive compensation almost immediately upon accrual. And if you quit using the first option, you will have to wait a long time.

It is not enough to just wait for an offer from the employment center, but you need to look for suitable vacancies yourself. You can turn to friends, ask around relatives or acquaintances. It is also effective to place your resume on the Internet, this way you have a better chance of finding a suitable place, since everyone uses the Internet now. Look through advertisements in the newspaper from time to time.

But if a conflict arises with the employer, then you can’t hope for a positive outcome. An employer can also fire you due to certain errors, which will reduce your chances of finding a good job. Therefore, it is necessary to part on a positive note. You can also ask letter of recommendation, where the boss will describe all the skills and character traits that affect professionalism.

After termination of the employment contract The employee is given a work book with a record and seal, and a salary for the last period of time. If there are unused vacation days, you can take them or receive monetary compensation. But if the employer refuses to provide what is required by law, the employee can sue. After all, these are legal rights and cannot be violated.

Quitting a job is a very serious step, especially if a person has worked for a long time. It is necessary to weigh the pros and cons, because this is a new turn in life. It's worth considering whether the new job will satisfy all your needs, both physical and emotional. If they promise a high salary, then the requirements will be appropriate. Some employers want their employees to devote themselves completely to work, without seeing any weekends or holidays. Remember the popular saying - the quieter you drive, the further you will go.

Don't sacrifice your family for better earnings. After all, money is not more valuable than the people you love. With the wrong attitude you can lose everything. Many people decide to have a busy schedule in order to provide their children with everything this world offers. But children need love and attention, and no toys can replace this.

You need to be savvy in all matters and when it comes to dismissal!