– the procedure is quite simple and quick if you follow certain rules. This is the most popular reason for leaving, even if there was another, objective reason for the person’s dismissal, since after this it will be easier to find a new job and explain to the new boss the reasons for leaving. It is important not to violate the procedure for dismissal and drawing up and submitting an application, so as not to encounter difficulties in the future.

No one is obliged to disclose the reason for their dismissal of their own free will.

We can talk about leaving a job of one's own free will when the initiative comes from the employee, and not from the boss. However, as you know, there are quite common cases when someone is fired due to his fault, but is allowed to write a statement on his own so that he can easily get a new job.

If a person decides to leave on his own, voluntarily, he can write a statement at any time, and this does not require the consent of the manager or director. The dismissal procedure will be as follows:

• It is written. This is done in advance, usually two weeks before the actual departure.
• The application must be submitted to the personnel department, where a dismissal order will be drawn up. This order officially states all the details and conditions under which the employment contract will be terminated.
• The employee must familiarize himself with this order and put his signature confirming this fact. If for some reason the employee is absent and cannot read the order, a corresponding note is made and the signature of the personnel department employee or manager is affixed.
• The person leaving must also receive a paycheck. All amounts due to him (salary, bonuses, etc.) can be received on the last day of work in this organization (this is the date that was indicated in the application as the date of dismissal).
• An appropriate entry is made about the day and reason for dismissal. This is also done by the personnel employee. The work permit is issued in person or sent by mail if it is impossible to pick it up in person.

It is worth remembering that such departure from work is the right of any person. The employer cannot limit or withhold it, or refuse to pay the employee. There is no need to indicate or even name the reason for your departure.

If an employee agrees to work the required 2 weeks, complies with all the rules of the dismissal procedure and submits a statement on time, he is not required to explain his resignation.

Application and deadlines for its submission

Dismissal at your own request: you can write by hand

Of course, it is advisable to notify your superiors of your desire to quit before you do so. During this time, all the nuances can be discussed, and the boss can find a new employee to replace the departing one.

After all issues have been resolved, you can write a statement. It is written extremely simply. All you need is one phrase: “Please fire me voluntarily” and a date that can be considered the day of dismissal. Of course, you need to indicate the name of the organization, the name of the director, signature and date of preparation. That's all it takes.

There is no need to indicate the reason for leaving, and no one has the right to demand this from the employee. However, if the employee does not wish to do so after writing the application, he must indicate the reasons for his refusal. In some cases, documentary evidence may be required to prove that it is necessary to resign immediately and without work.

As mentioned above, the application must be submitted two weeks before the actual departure or earlier. That is, if a person submits an application on March 3, he will be fired on March 17. This period may be shorter if both the employee and the management have agreed on this matter.

If a person quits during the probationary period, he notifies the boss 3 days before leaving. The head of the organization may resign with a month's notice, since it is more difficult to find an employee for this position. Working pensioners are not required to work; they can leave immediately after writing an application.

If the application was submitted in advance, and then the employee fell ill and went on sick leave, then the day of dismissal may fall on sick leave. This date does not change or be postponed unless the employee himself withdraws his application. Accordingly, wages are paid for all days worked and that part of the sick leave that fell before the date of actual dismissal.

If after this the employee continues to be ill, the organization is not obliged to pay him.
However, if an employee first quit and then fell ill within a month after leaving (provided that he did not get a new job), he can still count on a payment of 60% of average earnings.

If the dismissed person continues to be ill and cannot come to the workplace after dismissal, a note is made in the order that he cannot be familiar with the order. He can pick up the work permit and receive payment at any time. The due amounts must be paid to him on the same day or the next day after filing the relevant claim. This applies to salaries and compensation for.

Sick leave benefits are accrued in the same way as for working employees, that is, within 10 working days after submitting sick leave and are accrued on the day of the next payment.

Possible difficulties

Dismissal at your own request: entry into the labor record

Although such a procedure as voluntary dismissal is not often accompanied by difficulties, sometimes they do occur. More often they are associated with formalities, but even if all norms and rules are observed, difficulties can arise due to disagreement between the employee and management. Common difficult situations:

• The quitter forgot to indicate the date of dismissal and indicated only the date of filing the resignation. This should be avoided, since management in this case may determine the date on their own, which the employee will not agree with. If the application has already been submitted, you can attach another document to it, in which you can indicate the date of dismissal.
• The last day of work falls on . If the last working day was a non-working day, you can postpone the dismissal date to the next working day. For example, the application was submitted on February 23, 2016, and the dismissal date falls on March 7, a non-working day. In this case, the date of dismissal can be considered March 9.
  The phrases in the statement are blurred. Typically, a sample application can be found from a human resources employee.

You should clearly state your desire to leave your job with phrases like “please fire me”, “please terminate”, etc. You should not write “I ask to be relieved of my powers”, “I ask to be considered free” and so on. These phrases are vague. Moreover, this is risky specifically for the bosses, because then the employee can claim that he meant something else, a vacation or another position.

The employee wishes to withdraw his application. It is believed that it is possible to withdraw an application for the entire period before the day of dismissal if you write a corresponding petition. However, there are some nuances here:

• It will not be possible to withdraw the application if during this time the management has already found a new person for this position and formalized it.
• No signature. The application contains a small number of details; remembering them is not so difficult. Signature is one of the required items. Moreover, it is advisable to put not only a signature and its transcript by hand, so that later no one can say that the signature was forged.

In order to move on, you need to say goodbye to the past. You have to quit your favorite job and say goodbye to your best colleagues. How do you know when it's time to quit? What problems may arise upon dismissal? How to maintain good relationships with colleagues and superiors? Experts highlight 15 points that will answer the question of how to quit your job correctly without causing pain to yourself and others.

How to quit your job correctly? We leave with our heads raised

1. Leave before you feel like running away

The decision to leave should not be spontaneous. Don't quit when you encounter the first problem. Any conflict must be resolved. You should only think about dismissal if the problem is systematic and you don’t see a way to solve it. In this case, start browsing vacancies. Don't wait until your work conditions become unbearable. Prepare in advance.

2. Take off your rose-colored glasses

Sometimes we feel like our employer underestimates us. There is an expectation that by changing jobs, we will begin a new, brilliant career. Maybe it will be so. But another option is also possible. It is necessary to sensibly evaluate yourself and your working conditions. For comparison, you can go to several interviews. You may not find anything better than what you already have. Then you should think about upgrading your qualifications.

3. Keep the secret or reveal all the cards - the choice is yours

When answering the question of how to quit your job correctly, experts do not recommend informing your management and team about your intention until you find a new job. Even if you had an excellent relationship with your boss and co-workers, the moment you announce that you plan to quit, you become an outsider among your own.

If you do not have prior agreements with your future employer, it is better not to communicate your plans

4. Look for the treasure at home

Let's imagine that you are lucky. You work in a wonderful company where every employee is valued. But you are not satisfied with the lack of career growth. It’s like you’ve hit a ceiling and you have nowhere to grow further. In this case, before you quit, talk about your career with management. Good leaders value people and strive to unleash their potential. Who knows, maybe you won't have to quit. If the conversation with management does not satisfy you, dismissal will be a logical and justified step.

5. Break the news

If you are determined to leave, you need to properly present the news to management and colleagues. Don't leave this conversation until the last minute. You will need time to transfer cases. The manager should learn about your decision from you, and not from your colleagues. Choose a calm moment for conversation, when your boss is not overloaded with urgent work. Think in advance about how he might react to your decision, think about your reaction to his words. Mentally play out several options for developing the conversation. Then think about what you will say to your colleagues. What questions might you be asked? What will you answer

6. Avoid guilt

Often, an employee who quits feels guilty. The team considers him a traitor who escapes. But in reality it's not like that. Give up and don't get emotional. Let the dismissal process be correct. Communicate your intention to quit, transfer matters, save the accumulated information base, thank you for the experience.

7. Transfer your business

To make the leaving process smoother and more painless, both for you and for the company, competently delegate all your affairs.

Don't try to harm the company in the end. Organize all your work information

Prepare archives of folders and tasks. Make the process of transferring cases as easy as possible for yourself and as clear as possible for those people to whom you will transfer cases.

8. Stay active until the end

Even the most responsible employees in the last days before dismissal can afford to be negligent in their work. Colleagues and management notice this. It is better not to follow this pattern of behavior. Stay active until the end. Let your customers and partners know that you are leaving the company. Introduce them to the person you are delegating matters to. When transferring cases, do not forget to clarify the nuances of working with a particular client

9. Leave a successor

To maintain a good relationship after dismissal, you need to leave behind a successor. Most companies have a personnel reserve system. Your deputy will be able to take your place painlessly. If, for some reason, you do not have a deputy, prepare a successor for yourself in advance. Pass on your skills and knowledge to this person. If you leave, you can recommend this person to take your place.

10. Don’t burn the bridges behind you

No one knows how your career will turn out in another company. Many employers are relaxed about rehiring former employees. Therefore, you should not leave with a scandal, burning all bridges.

11. Protect your boundaries

Discuss with management a clear procedure for your dismissal. By adhering to the established agreements, you can save yourself from problems with obtaining a work book and salary. Many aspects of your dismissal depend on the head of the company. Clear agreements will help you avoid unpleasant situations.

12. First, light a fire

If the reason for your dismissal was professional burnout, changing jobs will not help you. You will take your problems with you. To start a new career, you need to recover.

You must be in working order - physically, mentally and socially. You can start working only if you have the strength and desire to look forward.

13. Conquer the fear of the unknown

It's the fear of the unknown that keeps people working for years at a job they hate. Get rid of this fear. Focus on having good expectations for your new job. If you quit in fear, your behavior will be nervous and tense. Decide why you are changing jobs. If you decide on the basic criteria for future activities, then how to quit your job correctly will not be difficult for you.

14. Feedback

The moment everyone knows about your decision to quit, their attitude towards you may change. You will see how the people around you really treated you. You can ask your colleagues and manager to tell you something about you. From the outside you can always see all the positive and negative traits better. Don't take criticism to heart. Use the information received as motivation for development. People will not talk about who you are, but about how they perceived you. By listening to people's opinions, you can build stronger relationships with your colleagues in your new workplace.

15. Leave on a positive note

Try to leave on a positive note. You might want to throw a going away party. Perhaps your colleagues will arrange such an evening for you. It depends on the corporate ethics in a particular company. Even if you have a very difficult relationship with the company, leave with a positive mood. Any experience has value, even if this experience is negative.

Many employers often need to know how to fire an employee without his or her consent according to the law. Given the very stringent requirements of labor legislation, as well as the fact that very often employees, especially pensioners, do not want to quit, this can turn into a long and burdensome procedure in 2018, which also has many additional risks. Therefore, some employers end up even forced to operate to their own detriment, instead of looking for information on how to fire an employee under the law and without consequences. However, there is always a way out of this situation - after all, labor legislation protects the rights of not only employees, but also employers.

How to fire an employee without his desire according to the law in 2018

Situations in which an employer wants to fire an employee without his or her legal desire are extremely common in 2018 - some employees may carry out actions that are clearly destructive for the company, do not fit in with the team and spoil the work environment, or the need for dismissal may be caused by external circumstances. At the same time, very often employees take advantage of the fact of protection from the law and in every possible way prevent their dismissal. Therefore, in case of illiterate actions, the employer is either forced to endure their presence and incur certain costs because of this, or runs the risk of being held liable for illegal dismissal.

However, the law also protects employers by providing them with such tools to influence workers:

• Reaching an agreement. This is the best option, as it will allow the employee not to receive negative entries in the work book, and will relieve the employer of possible claims. In this case, you can either convince the employee to write a statement of his own free will, or draw up an agreement with him to terminate the employment contract - the second case provides for the opportunity to provide the employee with any guarantees and payments in accordance with the provisions of Article 78 of the Labor Code of the Russian Federation. However, not every employee will take such actions - if he is determined to remain at work at any cost, then it will be impossible to fire him in this way.
• Dismissal for gross violation. Current legislation gives the employer the power to use disciplinary sanctions against employees, up to and including dismissal, for a certain list of offenses. At the same time, the range of grounds for dismissal is quite wide, so in many situations the employer has the opportunity to get rid of an unwanted employee if he does not follow instructions or grossly violates labor discipline.
• Staff reduction. In cases where the main purpose of dismissal is to save the company’s finances, it may be a good option to dismiss an employee without his desire, according to the law, namely staff reduction. However, it should be remembered that this method requires strict adherence to procedural requirements and involves additional costs for the employer.
• Dismissal during probationary period. If it is necessary to fire an employee who does not want to quit, having a probationary period will significantly simplify the dismissal procedure. However, given the nature of the dismissal, it is still necessary to take into account many features and nuances, without which it may be invalid.
• Repeated violation of labor regulations. If the employee has not committed grossly guilty actions due to which he can be fired immediately, then if there are several disciplinary sanctions, he can still be fired under the article.
• Inconsistencyposition held or insufficientqualification . In some situations, an employee can be fired for unsuitability for the position held or due to insufficient qualifications.
• Special dismissal form for managers. If an employee who does not want to quit holds a management position, he can be dismissed without other grounds when the owner of the enterprise changes. Sometimes employers even have to specifically resort to changing ownership in order to fire an employee who threatens the activities of the entire company.
• Changing the terms of the employment contract. The employer has the right to independently change working conditions for individual positions or the entire enterprise as a whole, which makes it possible to place the employee in conditions that will make his further work simply unprofitable. And although the employee has the right not to agree to work under the changed conditions, the employer will have the opportunity to fire him, following a number of certain procedural steps.

There are some categories of employees who cannot be dismissed at the initiative of the employer under any circumstances. In particular, a pregnant employee cannot be dismissed even if she commits gross misconduct and guilty actions towards the employer. The ability to dismiss an employee who has a child under three years of age is also limited - if this employee is a woman or the only breadwinner.

Each of the above methods of dismissal has its own characteristics, advantages and disadvantages, as well as many nuances of the procedural design of the procedure, so you should consider them separately in order to know how to properly dismiss an employee according to the law in 2018 if he does not want to quit.

How to force an employee to resign of his own free will or agreement

In many situations, even conflict situations, if there is a need to get rid of an unwanted employee, employers simply do not know how to force the employee to resign of his own free will or convince him to stop working by agreement of the parties. At the same time, there are enough possible actions that can be taken to ensure that the employee makes the right decision, even when he is initially inclined to conflict with the employer.

The first step is to use polite language with the employee and find out why he does not want to leave and what actions the employer can do for the employee. This may be additional monetary compensation, arranged by agreement of the parties, drawing up positive recommendations, or other benefits that may persuade the worker to cooperate. However, it is not a fact that the employee will accept them.

Therefore, then the employee should be explained that he will not achieve anything by conflict, and the employer will have significant opportunities to “ruin” the employee’s life. In particular, it is necessary to notify him that a “bad” entry in the work book will significantly complicate employment. In addition, the employer may make a negative recommendation about the employee. But these methods of influence do not work on every employee.

In this case, the simplest tactic would be to use all the tools that the legislation provides. For example, to initiate recording of the employee’s working time, issuing all instructions to him in the form of written orders with acceptance certificates and recording each result or error in the employee’s activities in order to find another reason for dismissal. The employer may also need to resort to one of the methods outlined below.

It will be most convenient for an employer to dismiss employees if initially the employment contract stipulates the working conditions as clearly as possible, but with the possibility for the employer to make certain assumptions. For example, an employer has the right to set an employee a low salary or not to indicate a specific place of work within one locality - then he will have the right to deprive the employee of the bonus part of his salary, if such a possibility is provided for by local regulations, or transfer him from place to place without his consent .

In general, these methods of action are legal, but cannot guarantee one hundred percent results. Therefore, if they fail, other methods will have to be used. It should be noted that even voluntary dismissal can be challenged in court if it was carried out under duress. Therefore, the employer should properly record all its actions and the actions of the employee in the process of persuading the latter to resign. If the dismissal was carried out by agreement of the parties, then judicial practice demonstrates a minimum number of decisions in favor of the employee, since such dismissal is almost impossible to challenge.

Dismissal of a pregnant woman at her own request, as well as by agreement of the parties, is an exception. In this case, the court most often takes the employee’s side if the employer did not provide her with adequate compensation upon dismissal, comparable to the possible benefits that she would have received if she had remained at work.

How to fire an employee for gross violation

Current legislation provides a number of grounds on which an employee can be dismissed for a gross violation. However, the employer should remember that each such violation must be accurately and reliably documented in the manner prescribed by law. Gross violations that make it possible to dismiss an employee based on the single fact of their occurrence include:

This is an exceptional list of circumstances in connection with which it is possible to dismiss an employee without his desire according to the law in 2018 due to a one-time misconduct. In this case, the employer will be required to complete the following procedural procedures:

1. Begin an official investigation into the circumstances that occurred.
2. Demand an explanation from the employee.
3. Issue an order to dismiss the employee.
4. Provide the employee with a work book, funds due to him and a certificate of income.

In any case, this procedure can be challenged by the employee in court, and the judicial authorities place the responsibility on the employer to prove the validity of the dismissal. It should be remembered that in case of absenteeism for a good reason, the employee cannot be fired if the state of intoxication was not recorded by authorized persons - the employee also cannot be fired, disclosure of secrets or personal data must have all the signs of disclosure.

Notification of the employee and the issuance of all documents related to the dismissal must be carried out in the presence of witnesses and with their signatures about the transfer of documents to the employee and, if any, about the employee’s refusal to accept them.

How to fire for inadequacy or lack of qualifications

If an employee is not suitable for the position held or has insufficient qualifications, the employer has the right to terminate the employment relationship with him. It should be remembered that this basis for dismissal must actually exist and certain confirmation. In addition, the very determination of an employee’s qualifications and compliance with job requirements must be carried out in independent qualification assessment centers, and the employee has the right to challenge their decision.

You can read more about dismissal for non-compliance in a separate article. However, the employer should take into account that fictitious dismissal for this reason will in any case be illegal. In addition, payment for services to confirm the employee’s qualifications will have to be made by the employer himself.

A mandatory step before dismissal on this basis is to offer the employee positions that suit his qualifications. It will be possible to finally terminate the relationship only if there are no such positions at the enterprise, or if the employee refuses to occupy them.

How to fire an employee without his desire according to the law by changing the terms of the contract

A common method used to legally fire an employee in 2018 is to change the terms of the employment contract. According to the law, the employer can make such changes only with the consent of the employee. However, a number of actions and situations allow changes to be made without the consent of the employee.

In this case, the employer only needs to notify employees 2 months in advance about changes in working conditions, including place of work, size or payment system, job responsibilities, in connection with the reorganization of production processes. The very fact of reorganization must also be confirmed by internal regulations. Employees who do not agree with these changes should be given the opportunity to take any other vacant position at the enterprise that suits their qualifications and health - and only after their refusal or in the absence of the designated positions, they can be fired.

How to fire someone during a probationary period

If an employee needs to be fired without his will during the probationary period, the provisions of the current legislation give the employer additional opportunities to carry out this procedure. In particular, he can inform the employee about his failure to pass the test at least three days before the actual dismissal. In this case, the employer in case of controversial situations must take into account the following nuances:

• It is the employer who must provide evidence confirming that the employee failed the test. In their absence, dismissal will be considered illegal.
• The employee must be legally on probation. And this period cannot be assigned to young professionals, pregnant women and minors.

Therefore, basically challenging dismissal during a probationary period is based precisely on the above two grounds. And it is the employer who should worry about the availability of all documents confirming both the legality of the probationary period and the validity of dismissal based on unsatisfactory test results.

How to lay off an employee without his desire

If it is necessary to lay off an employee without his desire, the employer has the right to do this in accordance with the standards of Article 81 of the Labor Code of the Russian Federation. It should be remembered that the employer has a number of responsibilities in connection with such dismissal:

• Advance notification of laid-off workers. Employees must be notified at least two months in advance of the upcoming layoff.
• Mandatory notification of all regulatory authorities. Namely – a trade union organization, an employment center.
• Providing severance pay to employees. It is paid at least in the amount of two months' average earnings of employees.
• Implementation of social guarantees in relation to certain categories of employees. These guarantees include both a complete ban on layoffs of some workers and the right of workers to preferentially remain in the workplace.
• Offering all vacant positions. The employer, as in many other situations, is obliged to provide those being laid off with the opportunity to find other vacant positions that suit them.

You can also read more about the features of dismissal due to staff reduction in a separate article, which discusses all the nuances of this procedure.

How to fire an employee without his desire according to the law in 2018 - other nuances and features

If you need to fire an employee without his or her desire according to the law in 2018, there are also many other additional nuances and features that unscrupulous employees can use to keep them at work. In particular, regardless of the circumstances, the dismissal of employees who are on sick leave or on vacation is expressly prohibited. In this case, it is necessary to notify the employee in writing of the need to sign a consent to dismissal on a specified date, or to first require such consent from him.

An attempt to fire a pensioner without his or her wishes according to the law in 2018 may cause particular difficulties for an employer. In practice, there are no regulatory documents that would specifically regulate the procedure for dismissing or retaining pensioners at work. The exception is civil service of any nature - in this case, the maximum age at which an employee can hold a position is 65 years old and he will not be able to challenge such dismissal.

It should also be remembered that the dismissal of managers upon a change of owner is permitted without any other grounds for termination of the employment contract. But it is necessary to understand that leadership positions in this context include only the immediate manager of the enterprise, his deputy, and the chief accountant.

What to do if you want to be fired from your job, because every fifth employee is laid off during his or her lifetime at work

During a crisis, such events are inevitable for many organizations. However, such actions are often considered, from a legal point of view, unlawful.

The employer, understanding his share of responsibility, tries to do everything with the employee’s hands. To do this, he resorts to many tricks such as:

• threats;
• reduction of working hours;
• reduction .

All these actions are aimed at forcing a person to write a letter of resignation on his own.

This article will provide detailed steps to answer the question of what to do if you want to quit your job?

About layoffs

All relations between the organization and its employees are regulated and secured by labor legislation.

This is necessary so that no one goes beyond what is permitted. The employer must comply with the provisions of labor codes and carry out all actions related to hiring and firing employees only in accordance with these standards.

The employee, in addition to his job duties (according to), is also responsible to the organization.

It turns out that every legal entity (for example,) and individual in labor relations must behave according to clearly established regulations and internal labor regulations.

If these standards are violated by an employee, the organization’s management may apply certain sanctions to this person.

Depending on the severity of the offense and its recurrence, the company may accept the most serious punishment for the worker and dismiss him with a certain wording.

It is legally prohibited to engage in downsizing or dismissal of employees simply at the whim of management.

Many managers take advantage of legal illiteracy and deliberately begin to put pressure on workers, threatening them with various measures of consequences, in the form of negative language upon dismissal or bad reviews to future employers.

Important: the employer is also responsible to the employee. His attitude should not exceed the limits established by labor legislation and the rules of the organization.

When does an employer have the right to fire an employee?

Dismissal is an action that is directly defined by law. There are a number of rules to ensure that an employer can properly carry out the dismissal procedure.

A complete and exhaustive list according to which a person can be dismissed from his position is determined by labor legislation.

According to this list, a person can be dismissed on legal grounds. The main point for dismissal is considered to be violation of rules or internal regulations prescribed by the organization.

Due to repeated abuse of these actions, management has the right to dismiss the person.

In addition, appearing at the workplace in a state of alcohol or drug intoxication also entails this type of consequences.

The management can sign the dismissal order if the person wishes to independently leave his position.

To do this, it is obliged to work for a certain period and deliver all materials to the organization.

Important: the specified list in the labor code of dismissals is closed. This means that management cannot, in their local regulations, establish additional conditions under which they can exclude employees from their positions.

Types of dismissals

Dismissals according to both procedures and conditions can be divided into 3 large groups:

1. according to the article;
2. by reduction;
3. at your own request.

Each of the listed groups has its own characteristics and rules according to which the actions themselves are performed.

Therefore, before making such a decision and agreeing with the whim of the authorities, it is necessary to demand from them an explanation for why such decisions were made.

You need to do this only if you yourself have not violated the rules. Often, employees are fired due to systematic violation of the rules established by the company.

They get reprimanded for this. If there are more than 3 reprimands, then there is a possibility that the company may be cut off from the work activities of such an employee.

According to the article

It can also be used to issue a sick leave certificate for a serious illness, which is also enshrined in law.

Another condition for dismissal under this article, in addition to a low level of discipline, is the unlawful use of the organization’s property.

This fact not only almost automatically deprives a citizen of his place in the state. But it can also lead to more serious consequences in the form of criminal punishment.

By abbreviation

When you want to fire someone, you need to know the exact reasons for such decisions.

Is the company really experiencing such serious difficulties that it has to cut its workforce?

The management resorts to such a trick and fires people they don’t like, hiding behind a difficult financial situation.

Thus, a situation often occurs in which management pays high wages to one of the employees.

Then they select someone else to take his place, who will do the same thing, but for a much lower price. Such an action will be considered unlawful.

Before starting a reduction, the company must inform the people who will be subject to these actions.

Information must be provided 60 days before the signing of the decree on the removal of persons from positions. This rule is enshrined in law.

In addition, the company must pay its employees wages for 2 months in advance, as if compensating for the time spent without work. During the recruitment period for a vacant position.

At your own request

Citizens also have the right not only to work, but also to freely choose it. It happens that, after getting a job in a certain company and working for some time, something begins to not suit you.

Therefore, in order not to delay the decision, the employee writes a letter of resignation.

In this paper, it is usually necessary to indicate the reasons why the person decided to leave the position he received.

However, it will not be possible to simply write and submit the paper to the office for signature.

According to current legislation, in addition to filing an application, you must work a full 14 days.

This period allows you to find a new person to replace the person being dismissed so as not to disrupt the work process.

If the work took place with the company’s material assets, issued according to the inventory, during the period of performance of the labor function, then it is necessary to return all things according to the inventory within the prescribed period.

What to do under pressure from management?

There are often cases when management itself is not particularly versed in modern labor legislation.

It treats its employees carelessly, constantly intimidating them with various facts that do not exist in reality.

For example, they start saying that they will fire you and give you something that won’t hire you anywhere.

Such threats can be found quite often in any organization. It also happens, on the contrary, that they want to fire someone at their own request, saying that there is no money for salaries, and the company is now in poverty.

Another reason may be related to the emergence of personal hostility, which inflames into a serious conflict.

Employers are not always smart, educated and balanced people. Therefore, you should always stand up for what is right, without succumbing to threats from such persons.

After refusing to leave their position on their own, citizens usually begin to experience certain difficulties in performing their work duties.

Management's attention to them increases and moral pressure begins in the form of constant complaints about the quality of the actions taken.

Various penalties also begin to appear for actions that the person did not even commit.

If such situations begin to arise, there is no need to be afraid. First of all, if you constantly receive complaints about work, ask them to send them in writing.

This action will significantly reduce the pressure level.

This is due to the fact that when drawing up such a paper it is necessary to be guided by certain technical documentation developed by the organization itself to fulfill certain responsibilities.

Therefore, if you perform all actions in accordance with these instructions, there should be no grounds for such claims against you.

How to defend your position?

The main method of protecting your rights is to know and apply, first of all, the legal nuances of labor relations.

You must always follow the provisions of labor laws.

It is a guarantor of proper execution of actions, both on the part of the employer and on the part of the worker himself.

Three rules for protecting your rights:

1. if you notice that your bosses are starting to put pressure on you without reason, insisting on your leaving the company, it is worth reminding them of the provisions of such regulatory legal acts. Often, these actions will be enough, since the management will understand that the employee is serious and is ready to defend his rights to the end;
2. To defend your position, you must demand a written explanation from management of the claims. Such an action will confuse many dishonest bosses, since a written explanation will be direct evidence of his unlawful actions;
3. defending interests through representatives. This is usually undertaken after the dismissal has taken place. To protect your violated rights, you should seek help from a law firm and outline the essence of the whole problem.

These rules allow you to legally assert your rights.

Important: If management deliberately brings you into conflict, you should not give in to emotions and sort things out. This can only make the situation worse.

What to do in the event of threats?

However, the case does not always end on the part of the manager only with constant complaints.

Sometimes cases arise when a person begins to receive various types of threats, which in itself already violates all labor relations.

Aggression can be expressed in the following manifestations:

• conversation in a raised voice;
• insult and humiliation of self-esteem;
• blackmail;
• threats of physical harm;
• moral pressure;
• unreasonable issuance of reprimands and fines.

In such cases, it is necessary to try to capture the moment when the boss shows aggression and begins to threaten.

The collected material is, according to the law, material evidence of the unlawfulness of the act of such a citizen.

Therefore, after collecting this information, it will be necessary to transfer it to law enforcement agencies for further proceedings on this fact.

Should the case go to court?

The employer often bluffs, saying that the case will not go to court, and if this happens, then there is no chance of a successful outcome of such proceedings. In reality this is not the case.

According to already established judicial practice in cases where companies violate the law regarding their employees, the court in its decisions takes the side of the workers.

A large percentage of cases are won in precisely such situations with dismissals.

Therefore, if an employer violates your rights in every possible way and illegally signed a dismissal decision, you should immediately go to court to resolve the situation.

Dismissal of an employee: is there any right for the employer?

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, except for severance pay and compensation for unused vacation, overtime, etc., upon dismissal by agreement of the parties in 2019 is not provided.

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