Dismissal at the will of the employee is considered the most common reason for the termination of labor cooperation. At the same time, the worker does not need to ask for approval from the authorities, since no one has the right to force a person against his desire to continue to cooperate. And no circumstances can prevent the dismissal.
However, certain rules and procedures for dismissal on their own are still specified in the legislation, they must be carried out by both the employer and the subordinate.
The process of dismissal at the behest of the employee
The procedure for dismissal at the request of the subordinate is simple: first of all, you should write an application for dismissal, indicating the date (from which date you are planning to leave) and the basis (and it is written - “of your own will”). The paper is signed and dated by the current number and given to the boss.
That is one sentence will be quite enough: "I ask you to dismiss me of your own accord .... numbers."
It is not necessary to explain the reason for leaving, but if for certain circumstances you need to quit without having to work out, the reason (relocation, retirement, army service, study, etc.) should be indicated, perhaps, the personnel department will even require documentary evidence.
If the worker has changed his mind and does not want to quit, and 2 weeks of working out has not yet ended, then it is allowed to withdraw the application and continue working under the contract. If in his place have already found a person who is formalized, the contract, accordingly, is terminated. Sometimes the subordinate does not take away the application, and the employer at the same time does not want him to leave the post, then the employment relationship is preserved and the application after a certain time ceases to have legal force.
Terms and payments calculations
After the worker’s application is handed over to his resignation, the employer issues an order (as standard - Form No. T-8), with which the employee must familiarize himself and deliver his assistance. The order refers to clause 3 of part 1 of article 77 of the Labor Code of the Russian Federation. If the dismissed person cannot appear for familiarization, then a corresponding note is put in the document.
Under the Labor Code, each employee is obliged on paper to notify the employer of his desire to quit and work out the 2 weeks approved by law so that the boss can find a replacement.
The deadline begins with the next day after the transfer of a written appeal. But the term by general agreement may be reduced. In addition, the law does not prohibit the use of these 2 weeks for vacation or sick leave.
The law also contains exceptions: if a person leaves the probationary period, the employee has the right to give notice of leaving within 3 days, not 2 weeks, and the head of the organization must notify one month before the desired date of dismissal.
Pay with the employee are required on the last working day. All the remunerations required by law are paid to the dismissing person: salary, compensation for unused vacation, as well as payments stipulated by collective and labor agreements. But if the employee used the vacation ahead (that is, in advance), then vacation pay is recalculated, and a certain amount is deducted from wages during the final settlement.
If the employee did not receive the payment, he will be able to apply for it at another time, and the due amount is paid no later than the next day from the time of the appeal.
Payment to the employee at dismissal at his own request in 2018
When a worker declares his dismissal, while on sick leave or on vacation, they have no right to withdraw it.
The subordinate can notify about his retirement while on vacation, as well as transfer the date of his dismissal to the vacation.
The employee may also declare care in the period of temporary disability, that is, in case of illness. In this case, the employer draws up the dismissal on the day indicated in the application, if the subordinate did not cancel the application. The employer will not be able to change the employee’s dismissal date.
When an employee resigns while working on probation, he is obliged to notify the employer in writing within 3 days, which is considered to be a job. He receives the same payments as the rest of the employees.
Upon termination of an employment contract with an employee, the personnel department or directly by the employer, all calculations are made, which take into account the salary and compensation for unused vacation.
In addition, the Labor Code takes into account cases where an employee is entitled to receive severance pay in the amount of 2 weeks earnings due to:
- layoffs, since the employer moved;
- inability to carry out labor activities for health reasons;
- call him into the ranks of the military;
- reinstatement of a previous employee.
Following the model of some fictional Krotov, K.F. Consider the process of calculation and payment, laid off on their own accord.
Krotov K.F. before the day of leaving worked 1 year 10 months. To calculate the compensation for the leave, you need to divide his salary for the month (30,000 rubles) by 29.3 (the average number of calendar days in the month).
That is: 30,000 / 29.3 = 1023 p. - received the amount of earnings per day. With the accumulated 28 days of unused vacation you need: 1023r * 28 = 28644r. - so many will receive Krotov KF
The employer in the calculations also takes into account the type of wages: piecework, salary or percentage, plus additional payments, taxes, and so on.
What is the responsibility of the employer, delaying the issuance of employment records and payments
During the period of his work, the employee is obliged to comply with the rules of the employment contract so that the employer does not dismiss him ahead of time.
However, sometimes the employer withholds the employee’s work record, which violates the law. A former subordinate may demand monetary compensation for the inconvenience, since without this document it is impossible to officially find employment in another place. And also has the right to ask to make an additional entry in the book.
For the issuance of payments later than the period prescribed in the order, the worker is entitled to the interest charged for each day of delay. A fine is also added to this, which is charged to the employer for administrative violation of labor legislation.
Sometimes cunning employers force employees to dismiss on their own, making it the initiator to pay a sum less than that which is due, for example, in case of liquidation of a company. If you go to court or to the labor inspectorate in time, you can dispute the illegal dismissal.
