Getting a job, anyone planning to earn well and climb the career ladder. But these plans do not always come true. If you work, for whatever reason are not satisfied, you can change it, after leaving the previous place of work and finding a new decent employment. Labor Code of the Russian Federation clearly defines a citizen's right to work and the right to terminate the employment contract of its own motion (stated in Article 80 of the Labour Code). So, how to write an application for dismissal? And you need to know about the procedure of dismissal of their own volition?
Laid off on their own?
Resignations is the termination of the employment contract by the employee for which he has every right under the current legislation . To quit your job voluntarily , you just need to apply to the head of a statement on the dismissal .
- To begin with, inform the employer that you want to quit , you need only in writing , as the application in this case is the primary document based on which will be made up of other documents made personnel changes and allowances .
- The application must be submitted at least two weeks before the intended date of dismissal (this is the duty of the employee , who must warn the employer about leaving ) and register in the prescribed manner ( to put the incoming number and number) , and it is better to remove a copy of the registered applications to then to if necessary, be able to prove that the statement is really serve.
- Not everyone knows, but the application for dismissal is written only by hand, without the aid of computer technology.
- The employee has the right not to indicate in the statement the reason for dismissal , and the management has no right to interfere with an employee who wants to resign , citing the refusal by various reasons ( for example, the fact that there is no one to work , take statements , etc.) .
- If the worker has applied for the dismissal , but then suddenly fell ill , then the provision of certificate of incapacity in the workplace , the period of his dismissal will be reviewed (since dismiss an employee who is on sick leave can not be ) .
When can I apply for a dismissal?
If an employee has decided to change jobs, it can submit a letter of resignation at any time, thus it may be:
- at work, carrying out their responsibilities;
- on vacation or before leaving on vacation (in this case the employee leaves on vacation with subsequent dismissal, and an additional warning to the employer is not required);
- on sick leave or absent from work for other reasons.
By the way, a situation where an employee goes on vacation with subsequent dismissal deserves more detailed comments. So, having worked in the organization of the year, every person has the right to paid leave. But if the employee plans to retire, he wrote a statement of paid leave followed by dismissal. Then the day of dismissal will be the last day of vacation. But the worker can not take it laid leave, and instead receive monetary compensation. Moreover, in the event of dismissal to receive compensation in return unused vacation can be even underage workers and pregnant women, who in other situations do not have such a right.
There is a subtlety that concerns brought forward from the previous year holiday . If there is one (eg , the employee was recalled from leave to a need ) , and the employee decided to retire , he put two holidays : in the past and the current year . But he can obtain compensation only for one vacation , and the second was done on it can before retiring .
Testing: To be or not to be?
Many will be surprised, but the concept of working out in the Labour Code does not exist. Of course, in order to find a replacement worker administration of the organization will take time. But to do this in the Labour Code and is an indication that the application is submitted two weeks before the date of dismissal (ie the employee warned the administration about his retirement). However, in consultation with the employee two weeks may not work out. Those workers who work on fixed-term contracts generally have the right to write a letter three days before the date of dismissal.
If you have an open-ended employment contract, it is not a chance to leave in two weeks, and once there in the case of:
- retirement age;
- admission to an educational institution (meaning full-time education);
- Translation husband-soldier to another location;
- coordination with the administration of urgent dismissal;
- probation (employee on probation may be dismissed without working out, on the initiative of the administration, as well as on their own);
- proven violations of labor legislation by the employer.
Writing an application
In order to properly apply for a dismissal, do the following:
- take a standard A4 sheet of paper;
- write in the top right corner of the position and name of the person to whom the statement is addressed to (write a single line and in the dative) and indicate their position and name (written in a single line and in the genitive);
- under the "cap" in the middle write the name of the document "statement" (write it in small letters);
- under the name of writing the text of the statement with a capital letter and a paragraph in the following format: "Please fire me from his post at his own request 5 July 2013";
- from below and to the left under the text of the statement should be put date of writing, and the bottom and right - signature and full name.
Mine life in the statement is not needed ( especially since there is no such thing ) , better specify the date of dismissal, but you can not do this . The main thing - to indicate the date of the application from which the countdown will then put under the law two weeks.
If everything goes on as usual : notice period expires and the employee does not express a desire to take his statement , the dismissal enters its final stage . On the basis of the order of dismissal the employee made all the required payments (wages , vacation pay, compensation) , issued documents: employment record, certificate of average earnings , for the insurance period for the hospital , 2NDFL .
When it comes to vacation, followed by firing, all the payments are made directly to the holiday, and if an ordinary termination, the last working day.
If payment is not made on time , put the money not paid , and the work book is issued , the employee can not be considered dismissed . Then the employer must either put down in the workbook later date of dismissal and pay all the days of delay in payment , or to pay a penalty for each day of delay in the amount of average earnings of the employee. This does not apply to cases where the worker did not come for the workbook.
And you can change your mind?
It happens that an employee who has filed an application for the dismissal , he changed his mind to quit . In this case, before the expiry of the two-week period , he can withdraw the application . However, this is only possible if its not taken place yet another employee , who can not refuse to hire .
So, if you want to change jobs, to start with is to find a suitable job.