If they don't want to be fired. How to fire an employee on your own

According to article 80 of the Labor Code, dismissal own will occurs at the initiative of the employee due to different reasons: new offer, moving or other circumstances. This procedure for terminating the contract is today considered one of the most conflict-free. The reason is that for him, unlike the case at the initiative of the employer due to absenteeism or reduction, arguments, a special procedure and payment of increased compensation are not required. Although the procedure for dismissal is simple, it still has its own rules.

Under what article are they fired at their own request

Article 80 of the Labor Code Russian Federation(Labor Code of the Russian Federation) under the name "Termination employment contract on the initiative of the employee (at his own request) ”the order and rules of this procedure are considered in detail. They relate to reasons, deadlines for filing an application and cases of termination of work before the expiration of the warning period. In addition, the article contains information about the withdrawal of the application.

The procedure for dismissal at will

Any employee, including a pregnant woman, in accordance with paragraph 3 of Article 77 of the Labor Code of the Russian Federation “General Grounds for Terminating an Employment Contract”, has the right to quit on his own initiative due to various circumstances. To do this correctly, it is important to know the specifics and rules for terminating an employment contract. So there will be no conflicts with the employer and other problems that will drag out the process for a long time.

Terms of dismissal

According to the general rule of Article 80 of the Labor Code of the Russian Federation, an employee must notify the employer in writing of dismissal by submitting an application addressed to him 2 weeks before the intended departure. This period begins to count on the day after the registration of the application. It is important that the submission of the application is registered, otherwise the processing period may be pushed back. Other rules for dismissal of an employee at his own request:

• the two-week period may be canceled by written agreement between the employee and the employer;
• the law does not oblige the employee to be at the workplace during these 2 weeks (you can go on vacation, on sick leave);
• general rule two-week working has exceptions (on trial period- 3 days, and for leadership position- 1 month).

The manager has no right to refuse an employee. If this happens, then the employee should know that this is a violation of the law by the employer. Then the application is drawn up in a standard form and sent by mail with a return receipt. So you will know about the receipt of documents by the employer. After 2 weeks, you can stop working in the organization. After this period, the employee must be given work book and calculation. Otherwise, he has the right to apply to the inspection dealing with such illegal situations and labor disputes.

Resignation letter

The first thing an employee must do is to submit a letter of resignation on his own initiative 2 weeks before leaving. The countdown will begin the next day. The law does not define exact requirements, but it should specify several important points:

1. Surname, name, patronymic and position of the head, name of the organization.
2. Surname, name, patronymic of the applicant, i.е. the employee himself.
3. The text of the statement. Includes a request to be dismissed from a position certain number(it is better to write, for example, “August 1, and not “from August 1”). If necessary, indicate the reason for termination of the contract.
4. At the end, the date of submission of the application, signature and transcript is put.

Labor law allows you to withdraw your application. This is done in the same form as the application for dismissal at the initiative of the employee. The manager has the right to refuse:

• if another person has already been accepted to replace the resigning employee, who, according to the law, cannot be denied a job;
• if the employee went on vacation (he should have withdrawn the application before the start of the vacation).

Reasons for dismissal

According to the Labor Code of the Russian Federation, the following cases are considered valid reasons for maintaining the length of service of an employee:

• achievement retirement age;
• the need to move;
• some diseases;
• beginning of higher or secondary education special institution;
• caring for a sick family member;
• violation of the employment contract by the employer.

It is not necessary to indicate the reason, if it is not the basis for any compensation payments or the cancellation of the mandatory working period. In general, you should just write “I ask you to fire me of your own free will.” Additionally, you can specify the reason - "in connection with retirement." In the same way, other circumstances are formulated.

Dismissal order

If the application for dismissal of one's own free will does not have a clear pattern, then the order for it is drawn up in accordance with the T-8 form established by law. It is published in 2 copies, one of which remains in the accounting department for the calculation of material payments. An order for dismissal of one's own free will is issued with certain details, such as:

• code by all-Russian classifier management activities(OKUD) - 0301006;
• code according to the all-Russian classifier of enterprises and organizations (OKPO) - it is different for each company;
• name of company;
• the text of the order itself;
• Date of preparation.

Working time

The standard turnaround time is 2 weeks. It starts the day after the application is submitted. But this period is not always kept. You can not work out 2 weeks in case of:

• the employer does not see the need for this;
• the employee has good reasons - admission to full-time study, urgent relocation, becoming a pensioner);
• the employer violated the employment contract;
• the employee is on sick leave.

Leave before leaving

An employee has the right to quit on his own initiative even during or before vacation. The application in this case is written in the same form. More often, it contains the phrase “I ask you to provide leave with subsequent dismissal at will.” In accordance with Article 127 of the Labor Code of the Russian Federation, the last day of vacation is considered the last working day. In this case, you do not need to work out 2 weeks.

List of documents upon dismissal of one's own free will

The employee only needs to submit a letter of resignation. In response, he will be issued official documents from the following list:

• work book with an entry on the grounds for dismissal, issued personnel department;
• certificate 2-NDFL, confirming the amount of income received and withheld personal income tax;
• payment certificate wages for the last 2 calendar years;
• information on payments and other remuneration, on the insurance experience of the insured employee.

Rights upon dismissal at will

Each party has its own rights. For the employee, this is the opportunity to withdraw the application at any time. The employment contract remains in force if the employee was not fired on the last day. The employer has the right to demand from him the full performance of duties up to and including dismissal. If the manager violates the employment contract, the employee may not work for 2 weeks, but only if he was able to prove this in court.

Calculation upon dismissal of one's own free will

It must be made on the day of dismissal, i.e. last worker after 2 weeks of work. The final settlement includes the payment of all amounts due to the employee. These include:

• wage;
• compensation for unused vacation days;
• payments under an employment or collective agreement.

Dismissal on sick leave

An employee can apply even if the date of dismissal falls within a period of temporary incapacity for work. The employer has no right to change it. After a 2-week period, the management makes a calculation, issues an order with a note about the absence of an employee. You can come for documents and amounts due at any time. The only condition for the dismissal procedure is that temporary disability benefits are assigned within 10 days after the sick leave is granted. It will be paid on the next pay day.

On holiday

All calculations in this case and the issuance of a work book in this case are made on the last working day before the vacation. The employee writes a letter of resignation of his own free will on the same conditions. In addition to wages, the employee must be given vacation pay. Compensation for unused vacation already excluded. An employee can receive it if he refuses to provide him with rest.

After vacation

If the employee has already used the vacation and decided to quit after it, then he will have to work for 2 weeks on a general basis after writing the application. Payments in this case are the same as when leaving work at any other time. They include wages and payments under an employment or collective agreement. If the application was submitted before the vacation with a note of dismissal after it, then the calculation is made on the last working day. Then they issue a work book. If the vacation was granted in advance, then the amount of overpaid vacation pay in the amount of 20% is withheld from the dismissed person.

After sick leave

If the employee cannot continue to work after the end of the period of incapacity for work, then in the application he refers to this reason and confirms it with documents. In this case, he can be dismissed on the same day with the calculation and issuance of a work book. A person receives compensation for unused vacation, salary and sick leave.

Dismissal in one day

If it is impossible for an employee to continue working, the organization is obliged to terminate the contract with him within the period specified in the application. To do this, you need to provide supporting documents, for example, a certificate from a medical institution about a disease, from an institute on admission, etc. Writing an application, filling out an order and familiarizing yourself with it in case of early dismissal occurs in one day. The calculation can be made no later than the next day, including salary and compensation payments for vacation.

How to quit on your own

It is important for the employee to know that he has the right to dismiss at his own request, and the employer cannot refuse to accept the application. It is important to do everything according to the instructions so that there are no disagreements. The procedure for how to resign correctly includes several stages:

1. Writing an application. An employee who decides to take such a step must, within a certain period of time, submit an application addressed to the director, indicating, if necessary, the reason for his departure.
2. Issue of the order. After registering the application (this must be followed, and it is better to make a copy for yourself), an order will be generated. It is compiled in a standard unified form. The employee must familiarize himself with the order, put his signature in it.
3. Dismissal. The employer makes an appropriate entry in the work book, the employee signs for it in a personal card. At the same stage, a full calculation is made on the basis of Article 140 of the Labor Code of the Russian Federation.

How to fire an employee on your own

The employer must sign a letter of resignation. Next, you need to issue an order in the T-8 form, with which to familiarize the employee. After that, the personnel and accounting department clarifies information about the period worked out in the current month, the provision of vacation, the period of sick leave and other information necessary for calculating compensation. On the day of dismissal, a labor certificate is issued indicating the reason for dismissal and payment of the funds due.

Video

The Labor Code of the Russian Federation establishes the right of every person to work, as well as the prohibition of forced labor. If the employer does not sign the letter of resignation, this can be regarded as an attempt to involve the employee in forced labor. Indeed, in fact, having written a letter of resignation, the employee has already expressed his unwillingness to further cooperate with the enterprise. Therefore, it is pointless to keep such an employee, and is fraught with sanctions. No one, in any way, can be forced to work where he does not want to.

The employer does not sign the letter of resignation

So, an employee comes to his employer, informing him that he is going to quit, along with carrying a statement. But he is faced with such a problem - the employer completely refuses to accept and sign this application. He also threatened the employee that he would leave not of his own free will, but according to the article. Consider whether such actions of the director are lawful.

Most often, by acting in the manner described above, the employer is trying to force the employee to complete the work that will remain unfulfilled after his dismissal, or, alternatively, to manipulate financially responsible officer, or an employee in a responsible position. After all, find in the shortest possible time key specialists the task is not an easy one, but two weeks is a negligible time to search for a valuable shot. So it turns out that the employee leaves, but the unfulfilled tasks remain. Of course, this is not an excuse for the director's refusal to fire an employee, but, as a rule, there is always a chance to reach an agreement.

If the employee is with the management, as they say "on knives", then he wants to quit such an enterprise and as soon as possible, especially if he already has appropriate place where you can go. Accordingly, if he is not signed a letter of resignation, this may prevent the employee from moving to a new employer, but only in part. And that's why.

By law, an employee is not required to ask his employer for permission to quit. Article 80 of the Labor Code of the Russian Federation gives the employee the right to quit at will, regardless of the position held, relations with management, obligations to the company, etc. Only one obligation remains - to warn about your intention to quit two weeks in advance. Therefore, having duly notified his boss of the desire to stop with the enterprise labor Relations, after two weeks, the employee has the right not to go to work and demand a calculation, along with the issuance of a work book.

What to do if they refuse to sign a letter of resignation at the enterprise

In any situation, you can always justify each side of the dispute, if you stand in its place. For example, it is very unpleasant for an employer who has accepted young specialist, raised him to a professional, and he, having gained experience and connections, goes to a competing company. The indignation of the head here is quite justified. But it is justified, and the desire of the employee to grow and develop outside the walls of his native enterprise. After all, everyone is given the right to independently, guided by free will, choose a place of work.

Whatever the moral or material motives of the employer, he does not have the right to forcibly keep the employee in the same place. Moreover, the law forbids him to do this, as well as not to give labor, or to delay the final settlement with an employee who decides to quit. From a legal point of view, the employee is right in this situation, and the employer violates the law.

An employee who wishes to leave the company, but they refuse to fire him, needs to write a letter of resignation. And although not unified form such a statement, the rules for compiling documentation must be observed. In addition, it is necessary to indicate the date from which the employee should be fired. Thus, the date on this statement will be considered the last working day of the employee. After that day, he may not go to work.

But what if the employer does not sign the letter of resignation?

1. Bring a written letter of resignation of your own free will to the employer or his secretary;
2. If the employer does not endorse the application with his signature (which the law does not oblige him to do), the employee can send the letter through the office of the enterprise, where the clerk or secretary must mark the incoming letter on the second copy of the application, which must remain with the employee himself;
3. If the company does not have an office, or they refused to put a mark, you should come to the post office and send an application from there;
4. By mail, a letter should be sent to the address of the enterprise in the name of the employer in a valuable letter, with a mandatory description of the attachment, as well as with a notification that this letter handed over;
5. Wait two weeks from the date of receipt of the letter by the enterprise, and then demand the calculation and issuance of a work book.

In practice, employees forget to require the signature of the responsible person on receipt of the application, or they send the application by simple letter. This mistake can prevent the employee from defending his case if the case goes to court. From the moment the employer, or an authorized employee, put his signature on receiving the application from the employee, he is considered to be properly notified of the employee's intention to quit.

The same applies to the mark on the notification of receipt of a valuable letter. The inventory serves as proof that it was this letter of resignation that was voluntarily sent to the address of the enterprise, and the mark on receipt of the letter confirms the fact that the employer received this letter.

What to do if they do not sign a letter of resignation, threatening to fire them under the article?

This threat is unfounded, unless, of course, the employee has discredited himself at the enterprise and has not received disciplinary sanctions. Of course, the employee who skipped violated labor discipline and received a reprimand for it, runs the risk of being dismissed under the article, but only on certain and established labor law terms. Most often, no more than three months from the moment the fact of the offense was established. If this period has passed, and the employer has not applied the penalty, the employee can quit of his own free will, without the risk of denigrating his work book with an article at the initiative of the employer.

But it’s still necessary to work out the required two weeks after sending the application, otherwise, the employer will be able to fire the employee for absenteeism.

If the employer does not sign the application for the dismissal of an employee who is on vacation

An employee who is on vacation, or on sick leave, still has the right to apply for his resignation by mailing a valuable letter with an inventory and notification. At the same time, such an employee will not have to complete the prescribed days of the two-week period if it coincides with the days the employee is on vacation or on sick leave.

Thus, the dismissal of an employee must occur after two weeks, regardless of the will of the employer. The company must issue a dismissal order, and the employee must be paid, documents issued.

p> If the employer, who must dismiss the employee, but for some reason does not do this, refuses to issue an order and send the employee a work book, you can complain about it to the labor inspectorate, or file a lawsuit. It is the direct responsibility of the employer to issue a work book filled out in accordance with all the requirements of the Instruction. And, if he does not do this, then thereby prevents the resigning person from finding a job in another job. And therefore, through the court, you can demand not only the issuance of labor, but also compensation.

Step-by-step instructions: what to do if they do not sign a letter of resignation

1. If the head refused to accept the application, it must be sent by a valuable letter with an inventory and notification of delivery of the letter to the addressee;
2. Wait two weeks from the moment the employer receives the letter, after which he will appear for the calculation and labor;

Voluntary dismissal (Article 80 of the Labor Code of the Russian Federation) is the most common and easiest way to dismiss an employee. Every day, a huge number of employees quit voluntarily at their own will or the will of the employer. But in all cases, this is a dismissal at the initiative of the employee. A small note: the information in the article is current as of 2013.

Voluntary termination is the easiest way to terminate because it does not require complex procedures that can lead to errors. All that is required is a letter of resignation of one's own free will from the employee.

In this article I will talk about such a way to terminate an employment contract as the dismissal of an employee of his own free will. Of course, it is impossible to cover all the issues that arise upon dismissal at the initiative of the employee, so if after reading the article you still have questions, you can always contact me for advice.

The employer does not have the right to prevent dismissal of his own free will, but in practice such cases occur, which means that possible situations need to be considered.

Refusal to accept an application

Art. 80 of the Labor Code defines the procedure for informing the employer about the employee's intention to quit. To do this, he informs the employer in writing about his desire at least 2 weeks in advance. At the same time, the Labor Code does not explain how exactly this message should reach the employer. Rostrud letter No. 1551-6 allows information by mail with notification or even by internal e-mail with an electronic signature. There are cases when the employer does not register a letter of resignation and then claims that he did not receive it. To avoid this, the employee can:

1. When submitting an application, demand to certify its acceptance by indicating the date and number on the copy remaining with him with the signature of the accepting employee.
2. Send the application by mail with notification. It is worth writing a description of the attachment. In this case, the court will not have difficulties with proving that the letter of resignation was sent.

Non-issuance of documents

Another problem is the desire of the employer to impose on the employee a lot of "urgent" and "important" things that he must do before he receives the calculation and work book. At the same time, Art. 80 of the Labor Code of the Russian Federation states that after the expiration of the notice period for dismissal, the employee has the right not to go to work anymore, and the employer is obliged to issue him a work book and make a calculation. If the employee did not receive his payments and work book on time due to obstacles caused by the employer, then in accordance with paragraph 35 of the Decree of the Government of the Russian Federation “On work books” dated April 16, 2003 No. 225, he has the right to count on compensation in the amount of earnings for all the delay time. To obtain it, as well as to restore their rights related to dismissal of their own free will, the employee can go to court on the basis of Art. 391 of the Labor Code of the Russian Federation.

Additional responsibilities as an obstacle to dismissal

No additional duties assigned to the employee can serve as an obstacle to dismissal. But during the entire period of working out, the employee must fully fulfill his obligations, submit all required reports on time and be responsible for material values. Evasion from the performance of official functions can be a reason for imposing a disciplinary sanction or even dismissal on negative grounds provided for in Art. 81 of the Labor Code of the Russian Federation.

In conclusion, we say that the employer cannot legally prevent the dismissal of an employee. Otherwise, the employee has the right to defend his interests by any legal means, including in court.

HOW to fire an employee if he does not want to write a statement?

Terminating an employment contract can be both good and bad. In the article, we will consider exclusively legal methods, so to speak “white”. This is important because an illiterate attempt to fire a person may well lead to a series of litigation.

Option 1. The most comfortable for both parties.

If the employee does not want to write a statement “of his own free will”, then the employer has the right to offer him dismissal “by agreement of the parties”. The basis is Article 78 of the Labor Code of the Russian Federation.

1. Speed ​​- dismissal occurs literally in 1 day;
2. Legality - consists in the impossibility of challenging the procedure in court;
3. Retaining the right for the employee to immediately join the labor exchange, receiving unemployment benefits;

1. The need to pay a certain cash bonus to the dismissed person; (discussed individually);
2. An allowance is also paid for unused vacation;

Option 2. Get rid of at any cost.

The use of disciplinary action as a legal tool for suspension from work. Forever. For example, for non-fulfillment of labor duties or violation of the regime. And we are not talking about completely “darkness”, when an employee was caught stealing, or took up his duties in drunk. (by the way, in both cases, everything must be documented).

A banal delay of 5 minutes is a legitimate reason to fire anyone. But it is necessary to observe a number of formalities. The procedure, so that it would not be possible to find fault with it in court, should be as follows:

• An act of being late is drawn up (in free form, sample at the link);
• An explanatory note is required from the employee (this is an empty formality, unless he writes something in the style: he extinguished the house, etc. - but then demand to provide the appropriate certificate from the housing and communal services, etc.) If you refuse to write an explanation, draw up an act about refusal;
• Impose a penalty (for example, a reprimand or loss of bonus). Let the employee sign that he has read it.

Now it's up to the little things: wait for the candidate for dismissal to be substituted a second time. Carry out the procedure described above for the second time, after which you can safely fire the person in accordance with paragraph 5 of Article 81 of the Labor Code of the Russian Federation. You can also remember old sins, only they should be relatively fresh (if less than 1 month has passed since the violation).

Dismissal due to insufficient qualifications.

According to federal law dated 06/30/2006 N 90, an employee can be fired if his qualifications do not correspond to the position held. Requires confirmation by the certification committee. Note that this is the most “expensive” and difficult to implement method. In addition, there is always a chance that a person will easily complete all test tasks.

Dismissal for absenteeism.

Was an employee absent without a valid reason for more than 4 hours in a row? That's it, you can safely fire him. Even if he verbally asked for leave from you! Without providing written evidence, the court will not believe him.

Check out the roots.

Very often, when applying for a job, people provide false documents (fictitious employment, pseudo-diplomas, bought under the subway, etc.)

If any of this happened in your case, then you can reduce it on the basis of paragraph 11 of Article 81 of the Labor Code of the Russian Federation. In general, this article lists all possible ways termination of the employment contract.

Voluntary dismissal

1. liquidation of the organization;
2. Staff reduction;
3. Job inconsistency;
4. Failure to perform work duties. Gross violations of discipline. absenteeism.
5. Theft;
6. Violation of labor protection requirements (which led to the threat of an accident or disaster)
7. Providing false information when applying for a job.

See also: At work

What to do if you are not fired of your own free will

How to resign at your own will: the procedure, reasons and conditions for dismissal.

Question: - If the head of the company suggested that you write a letter of resignation of your own free will by agreement of the parties, but with compensation equal to only half of the average monthly salary of the employee.

If the employer conducts a procedure for reducing the number or staff of employees, then he is obliged to carry it out in accordance with the law, with the payment of all due compensation, and not try to get rid of employees without paying them the due. Dismissal by agreement of the parties implies the mutual desire of the employer and employee to terminate the employment relationship. In this case, the payment of compensation is not obligatory, but possible. The amount of compensation may be established by an additional agreement.

Therefore, there are two real ways: 1 . Continue work, ignoring the employer's "offers" to quit, while preparing for the court to appeal against a possible dismissal at the initiative of the employer. Remember that the employer has ample opportunities to dismiss an employee for various grounds, including negative ones (Article 81 of the Labor Code of the Russian Federation). 2. Continue negotiations with the employer on dismissal by agreement of the parties, while seeking payment maximum amount compensation (at least not less than in case of redundancy - 2-3 average monthly earnings). The final decision is up to the employee.

Question: - What should be done if the boss verbally compels to dismiss of his own free will, referring to the "crisis", "the decision of the owners." After the employee’s refusal, he is not invited to meetings, is not sent on business trips, he is not given assignments, to his requests, there is only one answer - “look for a job” or you will leave for a reduction, you will not pass certification, they do not discuss work issues with him. Its performance is now zero.

Answer: — First of all, we recommend that you understand the situation: what is still going on in your organization? If there is a reduction in the number or staff of employees, you must be fired in connection with the reduction and, accordingly, with the payment of a severance pay in the amount of 2 average monthly salaries. Any kind of persuasion to quit voluntarily is a trick of the employer. Unfortunately, it is difficult to prove the fact of forced dismissal of one's own free will. You can write a statement to the prosecutor's office and (or) to the labor inspectorate, but keep in mind that, in addition to your statements, the statement must be accompanied by factual evidence of such coercion - voice recordings, evidence that you have ceased to be entrusted with work, which - something orders, in general, everything that, in your opinion, indicates coercion to dismissal. However, remember that such a step requires careful consideration. the employer may try to fire you on "negative" grounds.

In our opinion, the best way is to wait until the employer moves from persuasion to some specific steps to dismiss you - in this case, you have a better chance of proving your case in the prosecutor's office and in court. In any case, do not rush to write a statement.

Question:- If a person got a job in one company, after a few months he found another job and went there, but when calculating, he was paid only for the days that he worked after the last salary, and they refused to pay compensation for unused vacation, citing that he did not work for a year. Are the actions of the employer legal and what should the employee do to achieve full payment?

Answer:- The very right to leave arises for the employee after 6 months of continuous work with this employer, but upon dismissal, regardless of the hours worked, he must receive compensation in proportion to the hours worked.

Question: - If the employee applied for dismissal of his own free will, which was signed with a working off of 2 weeks, but fell ill during this period, and the period of 2 weeks has expired. Does the manager have the right to demand to work 2 weeks after the sick leave is granted.

Answer:— In accordance with Art. 80 of the Labor Code of the Russian Federation, the employee has the right to quit at his own request, notifying the employer in writing 2 weeks before his dismissal. The employer needs a 2-week period in order to find a suitable replacement for the employee. There is no such thing as "mandatory work" in the current Labor Code. Thus, the main requirement - the submission of a written application 2 weeks before the dismissal by the employee - is fulfilled, and he can be dismissed after 2 weeks, regardless of whether he was on sick leave at that time or not.

Question:- If the employee resigned by agreement of the parties (Article 77, clause 1 of the Labor Code of the Russian Federation) with the payment of compensation to him and all the debts of the company, received a work book, and after a while the questions of the former employer began to him about money allegedly taken into account and not returned counterparty under the scheme "cash + non-cash".

Answer:— In this situation, only one thing can be advised: if the employer believes that the employee owes him something, then let him demand this amount from him in court. If a former employer tries to get some amount from an employee bypassing the court (through blackmail, violence or threats), contact the police, as this will already be considered extortion.

G.A. Pysina,

Senior Counselor of Justice, Colonel, Legal Counsel of the SVGB

Forced to quit - what to do in this situation?

The issue of dismissal and transfer to another job is sometimes very delicate. Sometimes they go to different tricks to force them to quit of their own free will for their own benefit. Employers often resort to such steps.

There are two main types of dismissal: at the request of the employee and at the request of the employer.strong

Employees may find another, more interesting and often more high paying job. Therefore, for the transition, they only need to work out a short period in their previous job. In this case, they leave of their own accord.

You can download a sample letter of resignation at your own request from the link

Employers, in turn, can fire an employee. The Labor Code provides for a number of grounds for such dismissal.

• company liquidation;
• downsizing;
• non-compliance with the position held based on the results of certification;
• non-fulfillment by the employee of his duties or their gross violation;
• change of ownership of the company.

Why are you being forced to resign?

As can be seen from the previous paragraph, there are not so many reasons for dismissing employees. And if the latter behaved impeccably, fulfilled his duties, did not skip work and did not receive a disciplinary sanction, as a rule, there is nothing to complain about. Is it necessary?

Why did the employer suddenly want to get rid of the employee? Often, the reason is the reduction of staff. However, if the employer dismisses the employee under this article, he will have to pay him a two-month allowance. It is clear that he does not want such a development of events. Therefore, employers go to different kind tricks to avoid paying compensation.

One of the most common of these tricks is the forced resignation of one's own free will. In this case, you will not have to pay any allowance. The worker is sometimes placed in a very unfavorable conditions work, they put a whole bunch of cases on him, and the authorities are looking for a reason to find fault for any reason. How to be in such a situation?

What to do if you are forced to quit "of your own free will"?

There are legal measures that can be taken. To do this, you need to stock up on reinforced concrete patience and prepare for a long struggle, searching for evidence and defending your rights in court. But in any case, it is unlikely that anyone who decides to take these measures will be able to work normally in the same place in the future. Therefore, they only go for it last resort when relations with superiors are so damaged that they can no longer be restored.

If the employee values ​​\u200b\u200bhis work very much and wants to continue working there without problems, then it is best to find out the reason why they want to fire him, figure out if this problem can be solved, and if so, then calmly talk about it with the employer, offering him mutually beneficial options for further cooperation.

Often the reasons can be a reduction in staff, pregnancy or pre-retirement age.

Staff reduction. Such reasons for dismissal especially increase during crisis periods of the company itself or the country as a whole. The employer, in this case, must issue compensation to the employee.

The employer forces you to quit your job. What to do?

And I really don't want to do that. That's why people are forced to leave of their own accord.

The truly valuable workers that the company holds on to are unlikely to be laid off. Those who are faced with such a situation are in a twofold position. In order to find another job, such an article is unlikely to contribute to the additional interest of the future employer.

Therefore, it may be worth considering just a statement of your own free will. You can talk about this with the manager, and offer a mutually beneficial option. For example, consent to dismissal of one's own free will, but when certain period find another job and good recommendations for the future place.

Retirement soon. If a person has only a couple of years left before retirement, it makes no sense to write such a statement, since it will be very problematic for him to find another job. It is better to reassure the employer that even when reaching retirement age, the employee will be ready to continue working, and such experienced workers are not so easy to find.

Pregnancy. A common reason an employer wants to get rid of an employee is pregnancy. The employer fears that he will have to pay maternity benefits. But that's not the case at all. These payments are paid by the Social Insurance Fund, where the employer contributed money monthly.

A woman who has a desire to return to her previous place of work after parental leave is advised to talk with her superiors on this topic. She can also think over and offer other services on her part. For example, help in finding another employee during your absence. In addition, she can train a new employee, promise to work until childbirth, work from home, and so on.

What if you can't reach an agreement with the employer?

1. If during negotiations with the employer, any agreements were reached, then they should be recorded in writing.
2. If all else fails, then you should first contact the Trade Union.
3. Notify the employer of the intention to appeal his actions.
4. Contact the labor inspectorate.
5. Contact the prosecutor's office.
6. Then you can write a statement, preparing to defend your rights in court.

What to do when fired without warning?

First of all, the employee needs to remember if there were any provocative actions on his part. For example, absenteeism, regular lateness, appearance at the workplace in a state of intoxication, and so on can lead to dismissal. If, moreover, he had previously been subjected to disciplinary action, then, his affairs are bad. And they fired him rightfully.

However, if there was nothing like that and the employee behaved impeccably, he has the right to go to court. First you need to collect all the evidence in the case and hire a good specialist on labor law. As a rule, the court in such cases always leans on the side of the employee, since the latter is the injured and most vulnerable party.

Imagine this situation: you decided to quit your job of your own free will (found a new job or just got tired of the old one), wrote a statement, and the boss refuses to fire you - they say, you won’t leave here, and that’s it. Is it legal? What to do, if not fired?

Let's turn to Labor Code, more precisely, to article 80, which refers to the termination of an employment contract at the initiative of the employee (that is, dismissal of one's own free will). If you need quit at will, you notify the employer in writing about this at least two weeks before the dismissal.

Thus, from the day the employer received your letter of resignation, you must work for two weeks, and when the termination notice expires, you have full right don't go to work anymore. On the last working day, the employer must issue you a work book and other work-related documents at your written request, as well as make the final payment.

Some employers, when submitting an application, refuse to dismiss an employee of their own free will. But this is illegal: the very wording “termination of the employment contract at the initiative of the employee” suggests that the opinion of the employer does not really matter here. With your statement, you do not ask him for permission to quit: you simply put him before the fact in advance, so that in two weeks he will find you a replacement.

What do you do if you don't get fired? To get started you need record the fact of the application by registering it with the personnel department or the office and be sure to make a copy. But it happens that the application is refused to register.

In this case, you need to go to the post office and send an application to the address of the company by a valuable registered letter with a return receipt and a description of the attachment. Then you will have two documents in your hands confirming that you have informed the employer about the dismissal: a receipt for sending the letter, and after receiving the letter by the addressee, a mail notification signed by him.

Please note that in this case two weeks of processing will be calculated not from the moment the letter was sent, but from the moment it was received by the addressee. Therefore, you need to count 14 days from the date of notification of receipt of the letter by the addressee - if you do not go to work earlier, this will be regarded as absenteeism.

Suppose your application was nevertheless accepted, on the last working day you come for a work book and a calculation, but you refuse to give money and documents due. What if they don’t fire you completely, that is, they refuse to calculate you and let you go on all four sides?

If, there are two ways to solve the problem: the labor inspectorate and the court. To start write an application to the labor inspectorate, within a month it will be considered, after which the inspection will issue instructions to eliminate violations of the law, mandatory for execution.

Then your employer will have two options: either give you a work book, or be punished by a fine or disqualification. Sometimes it’s enough just to threaten with a labor inspectorate, and the matter does not reach the statement.

You can also sue for termination of your right to work(because without a work book you cannot conclude an employment contract with a new employer, because it is included in the list of mandatory). You can demand not only the return of the work book, but also the recovery of compensation for the delay in documents.

So, if they are not fired of their own free will, the law is on the side of the employee A: do not terminate the employment contract do not have the right. In this case, it is necessary to fix the fact of filing an application in one of the ways described above, work out for two weeks, and then demand a calculation and documents from the employer - if not in a good way, then through the labor inspectorate or court.

Last modified: January 2019

Often, employees are faced with such a situation that the employer does not sign the order to leave, referring to certain reasons. In some cases, refusal to dismiss is appropriate, but in most cases it is illegal and will result in serious consequences for the organization, holding the employer accountable. This article will detailed analysis The question is whether they can not be fired of their own free will.

Termination of the employment contract at the initiative of the employee

Article 37 of the Constitution of the Russian Federation explains that workers have freedom of choice labor activity and the right to perform the work in the desired place and institution. Articles 77 and 80 of the Labor Code of the Russian Federation state that the manager is not entitled to retain an employee without his consent without good reason. A detailed explanation is in letter No. 1551-6 from Rostrud dated September 5, 2006.

An employee of an organization before dismissal must notify the director of leaving 14 days in advance. Notification is allowed in several ways:

1. Personally, with the presentation of a certificate of departure.
2. By internal email with an electronic signature.
3. By mail. By registered mail.

When sent by mail, the time for calculating the working off begins on the date that will be indicated upon receipt by the boss, and not from the date of departure.

After the accepted statement, the head is obliged to sign it and in no way interfere with further two-week development. The worker must perform his work conscientiously during this time. After working off, the management issues a work book and a full cash settlement without hindrance.

Possibly in several cases:

1. During the leave, a letter of resignation was signed. The vacation lasts at least 14 days, which means that this time is considered as worked and after the vacation for workplace you can't go out.
2. During sick leave. If 2 weeks have passed after fixing the application, and the employee is on sick leave, then working off is not required.

Unscrupulous bosses refuse to terminate the contract for no particular reason. It is illegal. If management refuses to record a resignation letter, then it must be sent by registered mail. When sending, there will be a notification of receipt, and this is considered indisputable evidence in court about the received application for resignation.

In order not to let employees go, the authorities go to extreme measures and do not give a work book or calculation. In such cases, those leaving are interested in the question: where to complain.

In cases where the employer does not dismiss employees of their own free will, they must file a complaint with:

• Labor Inspectorate.
• Prosecutor's office.
• Court.

When filing an application with the court, it is possible to demand compensation for moral damage, referring to the fact that the work was not received in due time and there was no possibility of employment in a new place of work.

Reasons for not resigning

Employers are reluctant to fire on their own due to a number of reasons:

• highly qualified employee;
• a big waste of time looking for a new employee.

Sometimes, when managers do not let you quit, you can try to negotiate with them:

• specifically explain the reason that prompted to leave;
• try to find a qualified replacement employee on your own;
• agree to stay a little longer.

Penalties

When proving the guilt of the head of unlawful obstruction in dismissal, failure to issue the required documentation and full payment to the employee, the head can be held liable by paying an amount equal to the salary for the period of time while he had the documentation and a fine of 20 thousand rubles.

Conclusion

In the event that the management refuses to dismiss the workers on its own initiative, it is possible to appeal to higher authorities. For non-compliance with the laws described in the Labor Code comes liability in the form of monetary punishment or disqualification. Each employee is obliged to know his rights, and the employer must comply with them.