Almost every person, sooner or later,gets a job. Only some or all life does not face employment, or work for themselves. When there is a desire to terminate the employment relationship with the employer, it's time to remember the rules of dismissal on your own. It is their study and we will do. If you do not take into account the specifics of the operation, you will encounter a number of problems. This applies to both the employer and the subordinates. In fact, getting out of work is easier than it seems initially. Termination of relations of a labor type has many nuances, but all of them are easy to remember. And if you follow the instructions presented below, then everyone will be able to leave the former place of employment on a personal initiative.
What are the rules of dismissal at will? First of all, we turn to the current legislation. Is it really possible for a person to leave work when he wants it?
Yes. The Labor Code of the Russian Federation indicates that all officially working people have the right to be dismissed on personal initiative. This statement is spelled out in Article 77 of the aforementioned code of laws.
Accordingly, regardless of the position, duration of cooperation and social status, a person has the right to dissolve relations with the employer.
The rules of dismissal of one's own volition include many nuances. Current laws indicate that officially employed people can leave work at any time.
What does it mean?You can quit when you are on sick leave or on vacation. Even during the trial period. At the same time, the employer has no right to retain subordinates. The initiative shown by the employee must be documented. And the authorities must dismiss a person on request.
It is worth remembering that for the termination of a labor-type relationship, you must inform your intentions in advance. At the same time, it will be necessary to draw up an application for dismissal at will.
The rules of leaving work say that the formmentioned document must be written. A similar item is prescribed in the 80th article of the Labor Code. If the employee has not warned about his intentions, then he can not be dismissed. Skipping work will be considered a truancy with all the ensuing consequences.
For what time it is necessary to notify the chief about his intentions regarding the dissolution of relations with him? It all depends on the situation.
In general cases, it is required to file an application2 weeks before leaving work. But sometimes you can apply with a request for 3 days or even a day. These are quite rare options, which will be discussed later. First, it is worth considering all the general rules of dismissal at will.
How to write an application for termination of employmentagreement with the employer? Even a schoolboy can do it. Making paper is easy - just remember the rules of business correspondence. This type of statement has a general structure.
It consists of:
At the end of the document,signature of the applicant. After filing a request, the employer signs it and issues an order for dismissal. Nothing difficult, incomprehensible or unusual. Especially if the parties act according to the law and do not interfere with the implementation of the rights for the TC.
The rules of dismissal of the employee's own choice necessarily take into account the features of writing an application of the established form. We got acquainted with the structure of this paper. But that is not all.
Now you should pay attention to the content of the paper. The application shall contain the following information:
It is not necessary to explain the reasons for your decision in the situation under study. The main part of the request often fits into 1 sentence: "Please dismiss me from ... on my own".
After the citizen has applied forthe termination of labor relations, so-called working off begins. It lasts for 14 days. This is the time when a person still has to work. Usually, during the working-out period, the employer seeks to replace the subordinate, and also prepares all the documents necessary for the operation. This time period has its own peculiarities.
The rules of dismissal at will inRussia says that it is possible to negotiate a layoff without working with an employer. In this case, the reason can be absolutely any, its respect is estimated by the employer. Later we will consider legal methods of dismissal without working off.
Suppose that a person in advance informed the employer of his decision. The application is filed. Now there is a working out. What's next?
During this period the employee fulfills hisofficial duties. The rules of dismissal on their own will with working off include the need to pay this time on the day of termination of the relationship. That is, for the employee, this feature can be a plus.
On the day the contract is terminated, the following occurs:
If there is no person in the company on the day of dismissal,then the calculation is made on the next day after the announcement of the citizen at the workplace. And the documents are issued immediately. When they are received (under any circumstances), the employee signs in special logbooks.
The rules of dismissal from work of their own will mainly apply to employers. After all, for the employee this procedure is not so difficult.
As we have already said, when dismissing, it is necessary to issue some documents to the former subordinate. They are obligatory:
In practice, now they issue a certificate ofincome in the form of 2-NDFL. This method eliminates unnecessary problems in the future. For example, if a fired employee is required to prove income over the past few years.
All papers are handed over to the painting.If an employee refuses to receive certain documents, the employer draws up an act of the established form. It prescribes the fact of alerting a subordinate, as well as his will.
What rules of calculation at dismissal at own will it is necessary to remember? There are not so many of them. Especially when it comes to the termination of labor relations with an ordinary employee.
When leaving work, a citizen has the right to:
In some cases, additionalpayments. They take place if the relevant paragraphs are spelled out in the employment contract. As a rule, the bulk of employers do not favor their employees with similar bonuses. Therefore, by law, you can only claim money for unused vacation days and time worked.
In 2017, the rules of dismissal on their own did not change. The calculation is based on general principles.
What should I look for? For example, the following features:
Perhaps, that's all.As a rule, each accountant should be familiar with similar features. Otherwise, the dismissed employee may demand a fine and compensation for incorrect calculation. And this, as you might guess, is an unnecessary problem for the employer.
We studied the basic rules for the dismissal of the employee of their own free will. Now consider this operation step by step. It will avoid many troubles.
It looks like the procedure for terminating relations is:
That's all. The rules of dismissal on their own are easy to remember. And to make the mentioned operation too.
Under current legislation,caring for children under three years old, can not be dismissed on the initiative of the employer. But they have the right to dissolve relations at any time on their own.
In this case, you can warn the daythe authorities about their decision. Call for subordinate training is prohibited. The rules for calculating the dismissal of one's own will, under similar circumstances, differ slightly from the principles listed above.
The fact is that if there is no time worked inthis or that accounting period, you can not count on payments. Decrees do not work. For them, the billing period is 2 years. Often, when you dismiss him, no money is put.
But that's not all. The next interesting category of subordinates is the elderly. The rules for the retirement of a working pensioner at their own will be remembered by every boss.
An elderly worker can warn about hisintentions to leave work one day before the implementation of the idea. In fact, he has not been given any work off. This principle is effective only when a person leaves for the first time after reaching retirement age.
Employed retired pensioners will terminate labor relations by common rules. So, they will have to work out and warn in advance about the refusal of further cooperation.
What features are the rules of dismissalthe chief accountant at his own request (or any other member of the company's management)? In general, the process is no different from the previously listed actions.
If you plan to terminate the employment relationship withthe chief accountant, the latter is to draw up a document on the transfer of their powers and before leaving work to conduct an audit of the accounting department. The corresponding operations are documented.
The transfer of authority is formalized either to a trusted person or to an employee who has been chosen to hire instead of the former subordinate.
Rules for the retirement of the retired person on their ownWe have found out the desire. And the order of termination of the contract with the chief accountant, too. What if the citizen decided to leave work during the trial period?
This right he has.Moreover, the subordinate can only inform about the decision 3 days before the dismissal. In the rest, there are no special features of the procedure. The general rules for the dismissal of the employee at their own will apply.
It's time to study the most interesting operation - leaving from work without working off. As practice shows, this is the option for many employees.
Rules of dismissal at will without working off include all the features listed above. To get rid of the mentioned period, you can:
That is, the employee first writes an application forsick leave / leave, then dismissal. Call a citizen can not work. Remains at the appointed time to pick up the documents and money laid by law. Even if the subordinate goes on leave at his own expense, he has no right to force him to work.
