If you believe statistics, a person changes jobs inaverage every 2.6 years, and therefore, every 2.6 years, writes an application for dismissal. And not always the employee really leaves his place. Often, when the enterprise is reorganized, if there is a change in its name, when the head of all employees is replaced, they are asked to write a mandatory application for dismissal at will. After that they are recruited on the same day as a "new" firm.
Sample: application for dismissal
In the upper right part of the sheet indicate the name of the organization and the full name of the head and employee in the dative case, for example:
"The acting director of LLC"LZHT-Sibirskiy Val" Shapkin I.B. from the sales manager Mitrokhin KR ". In the center of the sheet, they write in large letters "Statement", and then the text of the statement: "I ask to dismiss me on my own as of December 14, 2010" (the date is set taking into account a two-week working off). Below are the day, year and month of writing the statement, the signature and its decoding.
Here, in principle, and everything, such a statement ondismissal can be filed to his supervisor for signature, and do not accept it, he has no right. It is possible to specify still the reason of leaving, but this information, by and large, is not obligatory.
Example of an application for termination by agreementthe parties differ little from the application for dismissal at will. Similarly, in the upper right-hand side, indicate to whom and from whom it is being written, just as in the center, in large letters, they write a heading. The text of the letter differs: "I ask to terminate the labor contract concluded on September 20, 2008 No. 111, by agreement of the parties in accordance with Article 77, paragraph 1 of the Labor Code on December 29, 2009". Then follows the signature with the decryption, the number and month of writing the application.
Termination of the agreement by agreement of the parties maybe an initiative not only of the employee, but also of his employer. In this case, it is the employer who writes the application and passes it through the secretary or personally into the hands.
An example text of such a statement:"I ask to terminate the employment contract concluded on October 31, 1998 by agreement of the parties, according to Article 77, to the first TC. The date of dismissal and termination of the employment contract, as well as other conditions I propose to discuss in person. " Next - the number and signature.
If the application for dismissal at willthe employee is required to provide at least 14 days before the expected date of departure, then in the event of dismissal by agreement of the parties there are no such restrictions. Everything depends on the agreement of both parties - in a day or in 3 weeks the employee will leave work. The second significant difference is that the employer can not refuse the request to dismiss the employer at his own request, even if this person is very necessary to him and at work he is working. But when you leave the agreement, the employee will have to negotiate. He can not leave without the consent of his superiors on the eve of the surrender of a major project, an annual report or a large-scale inventory.
The third difference - dismissed on his ownthe employee can not expect any compensation, whereas at the termination of the employment contract by agreement the employer must pay severance pay equal to two months' salary. There are also cases when an employee at the last moment decides to stay in the old place, realizing that he got excited with leaving (or when it did not work out with a new post). If the employee wrote a letter of resignation at his own request, he can be recalled in writing and the manager will be obliged to reinstate him (although if he is not on vacation, another employee has not yet officially taken his place). In the event that the dismissal was signed by agreement, the employee can be restored only with the consent of his employer.
