If I quit. How to dismiss at your own request without working off. How to quit your job by agreement of the parties

These are the statistics. The reasons for wanting to quit can be different, ranging from: mobbing a (psychological pressure) and professional burnout, ending with dissatisfaction wages and the impossibility of further career growth. In general, it doesn’t matter what was the reason to change one company to another, the decision has been made. The question arises - how to resign correctly?

How to resign correctly and make the dismissal process as painless as possible both for the nervous system and for your career? It’s one thing to tell your boss that you’re not happy with literally everything about this meta, declare that it’s a bad organization, and walk away, demonstratively slamming the door. But it’s another thing to talk about what useful things you got at this place of work, what you learned and that it’s time for you to move on. Leaving gracefully is an art. If you decide that nothing holds you back at your previous job, don’t rush to burn all your bridges. In this delicate matter, as in divorce, it is important to remain friends.

Turn off your emotions, carefully weigh the pros and cons, make sure you are taking the right step. Quitting in order to prove something to someone is a wrong and thoughtless step that can cost you dearly.

For a person who does not know how to properly quit a job and generally doubts whether it is worth changing jobs, experts warn against communicating with colleagues and your manager about discussing your desire to change jobs. Because you can change your mind, but the signal to the employer about your disloyalty will remain. It is better to consult with your family and friends, but not with your employees, and certainly not with your boss.

When the decision to quit is made, the first person to know about it should be your boss.. You should not share this information with colleagues; it may reach management in a distorted form. When preparing for an important conversation, remember that in about half of the cases the employer will convince you to stay with the company, offering a salary increase and a change in the list of responsibilities. Therefore, it is worth thinking over your response to a counter-offer in advance, understanding for yourself what you are capable of agreeing to, and then your negotiations with your boss will become the same bargaining process as when applying for a job.

The professional world is a small place, so when you quit, try to be as correct, friendly and responsible as possible. If during your work your manager treated you with delicacy and understanding and shared his experience, don't forget to thank his. As a rule, for a competent and wise manager, the departure of an employee is not a tragedy or betrayal. In this case, maintaining a good relationship is not difficult. Main don't let the company down. It is important to give your employer the opportunity to prepare for your departure. Complete started projects, help colleagues who will work on your site (perhaps recommend good specialist in its place, if there is one among your friends). All this will allow you to turn to them with a clear conscience if necessary in the future.

Remember how your boss acts when dismissing employees. If the separation is amicable, give notice of the dismissal in advance. If your boss has a habit of terrorizing employees who quit, don't be sad last days at the workplace. Give immediate notice of your resignation two weeks in advance.

If it was not possible to avoid conflicts during dismissal, refrain from commenting on what happened - business ethics does not allow this. Keep in mind that information about how the separation from an employee occurred spreads very quickly in the labor market. That's why it is important to leave only pleasant impressions about yourself(both with your superiors and in the team as a whole), and unnecessary emotions can damage your reputation as an employee. Under no circumstances should you throw out all the accumulated negativity; you should not express to your face everything that has hurt you over the years of work. Do everything to ensure that when you meet former colleagues smile and boldly look into their eyes, rather than pretending to be strangers. Maintain relationships with employees from your previous workplace. You will be able to share useful professional experience, and if necessary, they may recommend you for a new job.

How to quit your job correctly - technical points

Nine out of ten layoffs occur due to at will. This is official, but in reality it is not so simple. This wording may hide layoffs, resignation by agreement of the parties, and even dismissal for hooliganism.

At work there was talk of staff reductions. The boss calls his subordinate, throws up his hands and asks him to write a statement. So, you absolutely cannot agree to this, otherwise you will lose your severance pay and other benefits. If a person quits due to staff reduction, this is optimal for him from a financial point of view. And here's why. Firstly, he is warned about this two months in advance, and during this time he can find a new job. Secondly, upon dismissal, he is paid two months' salary in the amount of average monthly earnings.

Another option is that the employer starts talking about layoffs, but the employee knows for sure that his staff position will not be reduced. The employer just wants to hire a new person to fill the vacant position and possibly reduce the salary. In this case, experts advise reaching an agreement between the parties and a mutually beneficial agreement. The agreement of the parties implies a document with the expression of will of the two parties, the employee and the employer, to terminate the employment contract. Bargaining is appropriate here. For example, a person does not want to quit and believes that he could work, but the owners have a different opinion, although in principle they have nothing to be offended by this employee. And they offer him six salaries. In this case, the person resigning has the right to ask for more. But the main thing here is not to go too far.

It is beneficial for an employee to resign at his own request when he knows that he is to blame for something - official misconduct, absenteeism, violations of the company's charter - this is an incomplete list of reasons to leave on your own so as not to spoil the work book.

However, there are also real voluntary dismissals, when an employee really wants to leave this job. When leaving, he must work for two weeks, but there are other options. It is absolutely not necessary to work two weeks if the employer does not require it. They can pay you off on the same day and immediately, at the time of filing your resignation, pay you the salary you earned, and maybe compensation for unused vacation. The employer must also provide all certificates, for example, about income for the year.

The boss does not want to lose valuable personnel and is stubborn sign a letter of resignation. Then the employee has a direct route to the post office. Need to send registered letter with notification of delivery and the date when you submitted this mailing will already be considered the date of the letter of resignation. If you think that you were fired incorrectly and illegally, feel free to contact labor inspection at your place of residence. If it doesn't help, then go to court.

Part with your previous job according to all the rules, and then the changes will only be for the better.

Dismissal is the process of leaving an employee from work. This article describes in detail the entire dismissal process, invites you to familiarize yourself with a sample application and 2019 legislative norms relating to this issue.

The law provides several grounds for termination labor 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 completion date labor activity(it is important to note that no later) to the director of the enterprise, who is obliged 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 write a statement, 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 payment of compensation upon dismissal by agreement of the parties (for vacation not taken, compensation wages, etc.). Any additional compensation other than severance pay and compensation unused vacation, overtime, and so on, are not provided for upon dismissal by agreement of the parties in 2019.

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

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

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

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

Possible situations upon dismissal

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

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

Upon dismissal, the employer is obliged to pay wages in full, including the last day of work. In case of failure to fulfill these obligations, the employee may go to court with statement of claim on forced collection of wages.

According to Art. 127 Labor Code, a hired worker who did not use his annual leave, must 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 can be negotiated collectively or employment contract, or established by the decision of the employer.

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

Additional materials on the topic:

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

The employee’s rights to work, free disposal of it and the inadmissibility of forced labor are enshrined in Part 2 of Art. 37 of the Constitution of the Russian Federation. Based on these norms, it is obvious that no employer should interfere with the employee’s right to dismissal on his own initiative, the procedure for which is enshrined in Art. 77 and 80 of the Labor Code of the Russian Federation.

Additional explanations regarding voluntary dismissal are provided by Rostrud’s letter “On the procedure for dismissal...” dated 09/05/2006 No. 1551-6. IN this letter it is indicated that dismissal of an employee on his own initiative is allowed, including during the periods:

1. He is on vacation.
2. He is on sick leave.

What can an employer do if he does not want to fire an employee?

The employer does not have the right to prevent voluntary dismissal, but in practice such cases do occur, which means that possible situations need to be considered.

Refusal to accept an application

Art. 80 of the Labor Code determines the procedure for informing an employer of an employee’s intention to resign. To do this, he informs the employer in writing of his desire at least 2 weeks in advance.

At the same time, the Labor Code does not explain exactly how this message should reach the employer. Letter of Rostrud No. 1551-6 allows information by post with notification or even via internal email with an electronic signature.

There are cases where an employer does not register a letter of resignation and then claims that he did not receive it. To avoid this, an employee can:

Don't know your rights?

Failure to issue documents

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, necessary documents upon written request of the employee and make a calculation. If the employee did not receive his payments on time due to obstacles caused by the employer, then he has the right to count on compensation in the amount of average earnings for the entire period of delay. To receive work book, as well as to restore his rights related to dismissal at his own request, the employee can go to court on the basis of Art. 391 Labor Code of the Russian Federation.

Additional responsibilities as an obstacle to dismissal

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

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

“Don't quit your job before you find a new one,” we've heard this mantra a million times. Are you tired? Are you sick? Do you need a break? These are all excuses, whispers an inner voice (which sounds suspiciously like the voice of a colleague, a friend, or one of the young people at the next table whose conversation you accidentally overheard). If you leave now, you will lose. Don't quit your job. Don't make a mistake.

What can you answer to this voice? At a minimum, this is this: the option that seems safe to us is not always the most reasonable. When under extreme stress, we switch to survival mode. And in this mode, we are not inclined to think soberly and thoroughly. We are afraid of risk. We think about only one thing: relax and forget.

In addition, in such a state, the chances of finding something better tend to zero. Trying to break out of one captivity, we easily fall into another if we cannot adequately weigh all the pros and cons. It happens that a person simply does not have the strength to fight for best conditions. He is exhausted, his fighting spirit has disappeared - only a limp, lifeless body remains. Can you hope to impress the next personnel officer in such a state?

Before deciding whether to stay in a stressful or unpleasant job, take stock of your situation. Perhaps you just need a break to recover. Here are some points worth taking a closer look at.

You don't feel safe

Your safety comes first. If you don't feel safe at work, you should quit, even if your finances aren't in good shape. better position. Some workplaces can be real places of increased danger - such as disadvantaged areas of the city, zones of radioactive contamination and military operations.

If you are being harassed or threatened at work, tell management. If you remain silent, no one will defend you. If attempts to defend your rights lead nowhere or after a “lull” the pressure on you resumes with new strength- leave boldly and as soon as possible.

Work is taking a toll on your health.

Remember: your health is always more important. The word “stability,” so beloved by many, acts like a slow poison. We become passive, not ready for action - even when our previous life brings only suffering. Is your job killing you - physically or in any other sense? Then you should quit as soon as possible, while you still have some strength left. In some places people work in fear all the time. How can you go to an interview in such a state and expect to be appreciated?

You feel unsure of yourself

Over time, the hatred of work can become so strong that in search of salvation you will be ready to clutch at any straw.

It could be a simple “hack job”, work under the wing of a friend, the advantages of which boil down to the fact that it brings in a little money and allows you to escape from the hell of your former life. But often such respites drag on, and your determination to look for your dream job quietly evaporates.

You need a break

“I was fed up with my job,” says Alexander, “But I was simply not ready to take on a new one right away. I didn't have enough time and inner space to understand what I wanted. I was in a terrible state. I had to leave before I could think about anything else."

Alexander quit, despite the fact that his colleagues considered his action to be madness. But he himself admits that he felt relief: “My blood pressure probably dropped by half the minute I left the building.” He decided to take a three-week internship at a new company and got the job a week after graduating.

“This job was completely unrelated to my previous career, I was paid less, but so what? - says Alexander. - I work, I help people. Now I see meaning in what I do. And I can calmly plan my next steps.”

You don't have time for yourself

“I’ve never quit a job without knowing where to go,” says Barbara. - But now I had to do it. My previous job consumed all my energy. While I was there, I couldn't imagine my life outside the office. I felt stuck and couldn't move. Now I can concentrate and understand what I really want.”

If, when returning from work, you feel completely overwhelmed and squeezed out, you will simply not be able to look for a new job. It could all end with new job you won't be satisfied either. Listen to your body - it won't deceive you.

If you need to quit your job first just to look at yourself in the mirror and figure out who you are and what you want, do it without delay!

About the expert: Liz Ryan is the founder of the consulting company Human Workspace.

“I want to quit my job, but I don’t know whether to quit or not,” “I wanted to leave, but I couldn’t, I’ll suddenly regret it if I leave” are common problems for many that employees turn to friends and relatives with. There are various reasons why people are overcome by doubts, most are worried about money, and some simply dream of how to quit gracefully and be the envy of their colleagues. How to properly leave the workplace?

Difficult choice

With questions about how to decide to quit, and whether it’s worth quitting prestigious position, according to rough estimates, about 80% of hired employees fall asleep and wake up.

Statistics provide detailed answers to the question of why people quit. A small part of workers, about 10%, find more advantageous offer or want to realize themselves in own business, and the majority of employees, about 70%, are not satisfied with the working conditions in their current position.

At the same time, for any reason, people do not know how to decide to quit, and they doubt that it will be even worse at the new enterprise.

Psychologists advise: “If you want to quit, quit!” The fact is that if a person starts asking such questions, it means that subconsciously he wants this, that is, there is a reason for leaving and it is quite serious. Failure to fulfill a desire and a constant reminder of a job that does not suit you, or of an unpleasant team, whose members strive to ridicule any misdeed, will affect not only behavior, but also health.

Advice! You can make a list in which to include any, even minor, unpleasant moments associated with work; the more, the faster a confident solution will come.

Once you have realized that it is time to quit, you should take care of financial security - it may be worth saving in order to accumulate a certain amount in case you fail to get another job. You need to look at several organizations where you can transfer.

Psychologists recommend imagining the moment when the day of dismissal arrived and tracking the feelings: “I left a job that was boring” or “I’m leaving in order to have more time for a hobby.” If you feel relief with such thoughts, then the quitter is on the right track.

Situations when you shouldn't quit

Dismissal must be deliberate! If a person is soon offered a job in a more profitable position, then he cannot quit right away. Perhaps the situation will develop in such a way that the person who quits will not be hired for a new job. The question arises: will the employee regret leaving?

It is worth thinking about the situation several times in the following cases:

1. If the matter is only that the boss is not happy, lawyers assure that the bosses are happy with the workers only in 20% of cases.
2. If you don’t like the team, then you should make sure that your colleagues at the new place of work will be better.
3. If you want to open your own business, you first need to acquire good capital, and then go free. At the same time, it is necessary to find out exactly whether the chosen type of business is in demand on the market, whether the investment will pay off.
4. If there are rumors about the imminent liquidation of the organization or staff reduction. In these cases, upon dismissal after some time, the dismissed person will receive more payments.

There are times when a spouse begins to earn many times more, and it seems that there is no need to work anymore. Lawyers claim that such reasons lead to rash dismissals, because there is no guarantee that the spouse will maintain a high salary.

Quit your job gracefully

“If you quit, do it gracefully,” says corporate ethics. A person who maintains good relationships with the team, no matter what, deserves good recommendations.

In corporate ethics there are several rules on this matter:

1. A person who wants to quit should first talk to his boss, and then he can tell his colleagues.
2. There is no need to immediately submit a letter of resignation; perhaps the boss will offer dismissal by agreement of the parties, which will suit both parties. When deciding to resign on your own initiative, out of politeness, you can discuss the time of dismissal with your boss, but at the same time mention which option suits you most.
3. The reasons for dismissal may not be disclosed in order to avoid unnecessary conversations. You can say that you offered the best working conditions, but at the same time thank your boss for the good experience.
4. After talking with the boss, you can talk with the team. You can have a farewell tea party.
5. If the person being fired is offered to work for some time until a worthy replacement is found, it is necessary to work efficiently - to fulfill shortcomings, to finish a project that has been started.

Lawyers add that when dismissing, it is necessary to check the correctness of actions on the part of the dismissing party, whether all payments have been made, whether the work book has been filled out correctly?

Traditions of corporate ethics

Perhaps the company has established a certain dismissal ritual, for example, instead of drinking tea, they go out into nature as a group, or do not hold banquets at all, but give each other small gifts.

Important! If a person leaving wants to leave good memories of himself, then he must perform the rituals that are accepted former company. If they are not there, general traditions must be observed.

Typically, employees who leave write farewell letter, which is sent via internal email. In a letter framed in a positive way, it is necessary to talk about the support colleagues provided during the work, and also emphasize the invaluable experience gained thanks to the team. You can also send a letter to your boss, thanking him for the position provided or for the valuable skills acquired in this position.

Worker's rights

The employee first of all has the right to terminate the employment relationship at any time. The employer cannot refuse to accept the resignation letter - in this situation, the person resigning can send the application by letter.

In addition, the employee has the right to request copies of documents from his previous place of work, which he may need at his next job.

What to do if management does not want to let you leave your job?

If for some reason no understanding is reached and the boss does not want to fire, or the HR department uses the wrong dismissal procedure, you should immediately contact the prosecutor’s office or court.

Since worker rights are violated, you can demand not only compensation for material damage, but also moral damage. In most cases, the court takes the side of the victim and, if the dismissal was not carried out, it is carried out, and if the dismissal process was violated, the employee is reinstated and compensation is paid for forced absences.