How to quit your job on your own. How to fire yourself without working off

Keep in mind that, according to Article 80 of the Labor Code of the Russian Federation, an employee is obliged to notify his boss of his own free will two weeks before leaving work. By writing a statement in time, you will save yourself from many problems with the law. In particular, there will be no situation when you need to go to a new place of work, and you have not yet taken your work book and have not received a payment.

You can ask your supervisor to shorten the two-week deadline if needed. That is why it is important to talk calmly and politely, otherwise the chance that you will be met halfway will be small.

It is recommended that you inform your supervisor of the dismissal not two, but three weeks before leaving. This is not yet about filing an application, but about a warning. This will give the company more time to find a new employee.

If a new employee needs to be prepared for your position, you will have more time for this, and subsequently you will not have to be distracted.

With a three-week notice of termination, you can also protect yourself from the point of view of the law. Unfortunately, sometimes employers do not want to let an employee go and delay the dismissal process, frustrating his plans. If you find out in a conversation that they do not intend to let you go, write a statement and send it by registered mail with notification or send it through the office so that your copy is marked with acceptance and the incoming document number. In this case, even without the signature of the manager, in two weeks you will be able to pick up your salary and work book.

How to quit smartly without ruining relationships

In no case do not burn all the bridges, leaving the old job, even if you do not have the best relationship with your superiors and colleagues. This is especially true if management knows where you intend to go to work. You may be given an unflattering characterization, and this is undesirable.

It is not recommended to spend the last two weeks at work as if you did not have to do anything at all. Constant tardiness, breaking rules, unwillingness to do your duty, leaving the office long before the end of the working day and other mistakes can lead to the fact that you ruin your reputation, undermine the credibility of your superiors and, in addition, you can get a fine, reprimand or face other troubles . Remember that the employer pays the last two weeks in the same way as regular weeks.

According to Russian labor law, an employee who decides to quit must work for the prescribed two weeks. But can you quit early? This rule has exceptions, so in certain cases, and it is possible to leave the organization immediately after applying.

By law, a person who decides to leave his job of his own free will must notify the manager of his decision to quit 14 days in advance. This term is called processing.

The legislation also regulates other terms for dismissal. This may be in cases where a reduction procedure has been announced at the enterprise, then the employee is warned about this two months in advance.

The maximum period during which an employee must perform his duties (two weeks) can be reduced if he is initially accepted by the manager on special conditions. They should be written about. So, the special conditions are as follows:

According to , the employee was accepted as part of a probationary period.
The person is designed to perform seasonal work. If the head decided to dismiss the employee, then he must be informed seven days before the issuance of the order.
The agreement was drawn up under Art. 292 of the Labor Code of the Russian Federation, and its period does not exceed 2 months.

Observing the term, the employee must also fulfill his obligations related to leaving at his own request:

Notification of the head takes place in writing. The application is written 14 days before leaving, and in some cases - on the same day. Therefore, the timing may be different, it all depends on the circumstances.
The employee is obliged to receive a calculation and a document on labor activity.
Receipt.
Receiving severance pay. This type of payment is usually provided for by a collective agreement.

When processing is not required

Is it possible to be fired without work? There are times when an employee is allowed to be fired on the same day when applying. At the same time, the terms of the contract are not violated, and the employee does not deprive himself of the payments due to him. But if there is no reason not to work for 14 days, then you can ask your boss and spend the rest of the time at home.

This method is not without drawbacks, including the following points:

the employee is not entitled to compensation for unused vacation, as he uses it;
date of dismissal - in two weeks;
the boss may not release the person leaving on vacation for this time, the legislation gives the right to resolve such an issue precisely with the leadership.

You can bypass such a formality as working out, if available. If the resigning person has documentary evidence of the fact that his rights were violated by the management, then he, too, may not work for 2 weeks.

Art. 81 of the Labor Code of the Russian Federation provides for cases when an employee does not need to work 2 weeks after submitting an application. Let's call them:

retirement;
enrollment in the full-time department of a higher educational institution, in connection with which it is impossible to further extend labor activity;
violation of the law by the employee;
other cases.

Other cases include the following situations:

new job in another city;
moving the second of the spouses to work outside the country;
caring for a child up to the age of 14, a child with physical or mental disabilities or a sick child;
caring for an adopted child under the age of 14;
pregnancy.

Is it possible to quit in one day?

How to quit in one day? One-day dismissal is possible, but this practice is rare. More often, very quickly release those employees who are simply unreliable, for whom there are repeated violations of the employment contract.

There are also official grounds for leaving on the day of application, they are listed in the labor code. Some organizations in their collective agreements provide additional reasons to quit one day.

If the circumstances under which a person would like to urgently leave work without working off do not fit any of paragraph 81 of Article 8 of the Labor Code of the Russian Federation, then the local acts of the organization in which he works can be reviewed. Perhaps there are additional reasons that can be cited.

It should be understood that it is not always possible to get a settlement so quickly and immediately after notifying the authorities of your decision. Due to some circumstances, the management of the enterprise may need several days.

Registration procedure

The procedure for dismissal without working off the prescribed two weeks is no different from the standard process. Except it's going faster. The formatting looks like this:

submission of a written statement of resignation to the management of the enterprise;
issuance of a dismissal order;
settlement with the employee and transfer of all documents to him.

If the dismissal order is issued on the day the application is written, then sometimes you will have to wait with the issuance of documents and receipt of the calculation. However, the employer must make the payment no later than the next day after the dismissal of the employee.

Applying

To quit your job, you must submit to management. The document should display the fact that the employee wants to quit in 1 day. In addition, this fact requires documentary confirmation.

Such data must contain an application for the dismissal of an employee:

position and name of the person who has the right to register these applications;
company name;
position and name of the initiator of this document;
the name of the structural unit in which the employee who is leaving works;
in the application itself, it is necessary to state the request to be dismissed from work;
the employee indicates that he wants to receive a calculation without working off;
reasons for this desire;
a list of papers that must be attached to the application, among which, in particular, there should be papers confirming the need for urgent dismissal;
when the whole process occurs with the agreement of the parties, then it is necessary to indicate their details;
at the end of the sheet, the date, signature and initials of the applicant are affixed.

The application is signed and submitted to the personnel department in the organization or directly to the management of the enterprise. When a document is accepted, an incoming number is affixed to it.

Issuing an order

Filling out a dismissal order does not differ much from the standard T-8 form. The only feature of such an order is that the date of its issue and the date of dismissal may coincide or differ by a day. Details and registration of the order are identical to other forms.

The order signed by the director is transferred to the accounting department for all accruals. The employee must also familiarize himself with the order of his dismissal, put his signature, which will mean consent to the entry of such information.

Enrollment in labor

It doesn’t matter if the employee works for the required 2 weeks or is fired in one day, the entry in the work book will be the same. The book contains the article on the basis of which the dismissal was made. It also includes an explanation.

The entry in the work book and the entry in the order regarding the employee must correspond to each other. They cannot be different. In addition to the entry on the page, there must be:

date of dismissal;
signature of the employee of the personnel department who made an entry in the work book;
Stamp of the company.

Employee benefits

The payments due to an employee upon dismissal with working off are identical to those that are issued upon leaving without working off. The main compensation consists of money that is paid for unused vacation. But on the condition that there is an unused part of it.

Some companies give extra money to pregnant women and retirees. You can find out whether there are such payments or not if you read the collective agreement or it may be indicated by the employment contract.

Additional payments are received by employees who leave their former place of work by agreement of the parties. In order to do this, you need to fix the exact amount of payments due to the employee in the document.

Thus, at your own request, you can quit in one day. But this requires certain circumstances provided by law. If they are confirmed, the employer is obliged to dismiss the employee on the day the application is submitted.

Dismissal Options

“I’m quitting, I’ve decided, they’re already waiting from another institution,” “I feel like I might be fired soon, it’s probably better to write a letter of resignation in order to leave beautifully?” - such thoughts are often shared by working people in the circle of family or friends. In most cases, if we do not take into account dismissal at the initiative of the head, workers cannot decide on the basis for termination of employment.

When deciding how to quit your job, you need to focus on what can induce a person to quit. Perhaps the relationship with the employer or the team did not work out, or maybe the presence of offenses on the part of the employee prompts him to leave, and he is afraid that he will soon be fired under the article?

Voluntary dismissal

The question of how to competently quit a job arises even if the employment contract is terminated on the personal initiative of the worker.

This process begins with a letter of resignation. It is issued in free form, but it is necessary to indicate a personal desire to leave, it is not necessary to specify the reasons for this. The application must be submitted to management 14 days before the desired date of dismissal. An order to this effect will be issued within the period specified in the application.

And then the question arises - is it possible to quit earlier? The Labor Code explains how to quickly quit your job, that is, it describes the conditions that allow you to terminate an employment contract immediately after the desire expressed on paper. There are circumstances under which the termination of the employment relationship is possible earlier than 14 days from the date of writing the application.

Important! The employee has the right to withdraw the application for resignation only up to the date described in the application, inclusive.

The Labor Code describes the conditions under which it is possible to reduce the waiting time for leaving work to three days. These include cases:

Finding an employee on probation.
The worker works under a fixed-term contract concluded for less than 2 months.
A person has a contract for seasonal work.

In addition to these conditions, it is possible to agree on the terms of dismissal with the authorities on an individual basis, maybe they will meet halfway.

Many are interested in how best to quit - after taking a vacation or getting compensation for it? Here it is necessary to proceed from the desire to work in the organization. It is possible that the employee will write an application for leave with subsequent dismissal, but then there will be no additional payments. And there is an option to work out the due date, but receive a compensated amount for the total number of unused vacation days.

One day layoff

It will be possible to quit even earlier if the employee belongs to the category of persons specified in Art. 80 of the Labor Code. The following conditions allow terminating an employment contract on the same day after filing a resignation letter:

The employee has reached retirement age.
The worker has health problems that prevent him from working in a certain institution or from living in a certain area.
The need to care for a child under 14 years of age. If the child is disabled, the term allowing one day to quit is increased to 18 years.
The presence of a relative - a disabled person of group I, who needs care.
Family relocation to another region.

You can provide any other good reason. In this case, when writing a letter of resignation, it is necessary to explain your decision and provide relevant certificates, for example, provided that the worker has a disabled child, he must provide a document from a medical institution, if the military is transferred to another unit, his wife must provide the supervisor a copy of the transfer order.

As in the case of reducing the waiting time for dismissal, you can quit immediately by talking with your superiors.

What payments are due upon dismissal?

Upon dismissal of their own free will, they make payments that are usual for calculation:

Salary for the period actually worked and compensation for vacation, if it has not yet been used.
Bonuses, if they are provided for by an employment contract, for example, quarterly or annual. This may be a fixed amount or a percentage of the salary for the period for which the bonus is due.

Sometimes annual bonuses are indicated according to the documents as stimulating, although in fact they are an encouragement for quality work for 12 months. In this case, it is more profitable to quit at the end of January or in February. These terms are not accidental: since it is believed that if an employee quits, then the bonus for future work should not be paid, so it is better to get it, and only then leave.

At the same time, it is unprofitable to quit in those months where there are many holidays, if they pass on the papers as non-working, the salary will be less. Except in cases with a shift work schedule, when employees perform official duties on holidays, then dismissal will, on the contrary, be more profitable, since work on holidays is paid twice.

Dismissal by agreement of the parties

If the question is how to quit your job profitably, then the answer will be - quit by agreement of the parties. The dismissed person is given the opportunity to choose some conditions, like the boss.

Both parties can be the initiator, and only if all the criteria are met, an agreement is signed. The document is drawn up and signed in duplicate.

The undoubted advantage for the employee will be that he can independently choose the date of dismissal. For the authorities, such a dismissal is convenient, since any category of citizens can be dismissed - pregnant women, women on maternity leave.

What payments will be made at the termination agreement?

A certain incentive for the worker may be compensation if it is mentioned in the agreement. Oddly enough, compensation can also be beneficial for the employer. In the event that there is a reduction, the employee will need to pay severance pay for two months, and sometimes more, while compensation upon dismissal under the agreement can be somewhat underestimated.

For reference! The payment can be in a fixed amount, or it can be determined as a percentage of the salary.

When the initiator is an employer

If it is the leader who is going to terminate the employment relationship, the question arises for the worker, how to quit the job in order to maintain good relations with important people and not be deceived with payments?

In most cases, the authorities want to get rid of a certain employee, for example, a pregnant employee, but they know that this is unacceptable from the Labor Code of the Russian Federation. Therefore, the head asks her to quit by writing a letter of resignation. Or a mass dismissal threatens due to an imminent layoff, and the boss does not want to pay severance pay and can force him to quit on his initiative.

Lawyers do not advise in these cases to leave of their own free will, since then it will be difficult for the dismissed to prove the illegality of the management's actions.

Another case is when the employer wants to dismiss an employee for systematic disciplinary violations, but agrees to terminate the employment contract at the initiative of the worker. In this case, for the worker, this is the most suitable option.

What payments to expect from the employer if he fired

Payments depend on the reason for termination of the employment relationship. If the fact is that the employee has repeatedly violated the terms of the contract, then he is only entitled to a standard set of amounts - wages for the days worked and compensation for vacation if it was not used.

If the reason is a reduction in the number of staff of the enterprise or the termination of the activity of the institution, the employees who left are entitled, in addition to standard payments, also severance pay in the amount of their salary for two, and sometimes three, months.

How to quit without losing your reputation?

Regardless of the basis for dismissal, the employee should go through the procedure with dignity and not interfere with the process. If the employee decided to quit himself or the manager was the initiator, it is worth weighing the pros and cons and determining the most convenient option for terminating the contract. At the same time, you need to remember about courtesy and corporate ethics and leave any position with dignity.

The work world is surprisingly small. When you leave, you never know for sure who you'll be working with, who you'll have to ask for favors, and whether you'll ever need a referral from a former boss. And don't forget gossip. If you leave a negative impression about yourself, there is a risk that outside the company will find out about it.

How to quit the right way

Submit your resignation letter two weeks before leaving

Turnaround time may vary from company to company, but two weeks is the standard. The employer needs time to prepare for the changes, complete the paperwork and start looking for a replacement for you.

Large firms can say goodbye to you on the same day. But the leaders of small companies may need a longer period. In this case, there is a risk of breaking loose, sending the authorities to hell and just leaving.

Should not be doing that. Look at the situation from the point of view of leadership. Besides, it's disrespectful to other colleagues. After all, then they will be loaded with your work.

Notify your boss first, and then everyone else

No matter how much you trust your people, don't tell them your decision. Don't post it on social media. Your manager has the right to be the first to know.

It is better to provide this information in person. If your boss works elsewhere, talk to him on the phone. You can send email only if both of you do not have free time. But this is the worst option, which is better not to use.

Prepare to Talk to Your Boss

Before breaking the news to your boss, answer a few questions.

Do you have an action plan that will mitigate the effects of your departure? Offer the boss specific ways to solve the problems that arise as a result of the dismissal.
What will you do if you receive a counter offer? Be prepared for the fact that you may be offered tempting conditions for you to stay. Think in advance what kind of conditions it could be. Will you stand for a big pay raise? For an extra week of vacation? If the conditions suit you, wait until they are confirmed in writing. If not, tell your manager that you really appreciate his offer, but you can't turn down the new opportunities in another position.
Are you ready to quit later than planned if necessary? You may be asked to stay for another week or two. Think beforehand whether you agree to this.
Are you ready to leave the day you announce your decision? Can you pack all your belongings and leave the work area right away?

Speak briefly, confidently and with a smile

Don't beat around the bush. Get straight to the point. If you have, having a good-natured conversation can be difficult.

Resist the urge to express everything that has accumulated.

Behave decently. Will your career paths cross again in the future?

Thank the leader for the collaboration. It is not necessary to talk about a new position. It is enough just to say that there you will have duties that you have long wanted to fulfill.

Find out what you are entitled to when you leave

This may include additional payments and bonuses that are specified in the contract. The employee must also be paid compensation for unused vacation.

Write a letter of resignation

After talking with your superiors, you will most likely be asked to issue. Do not write anything superfluous: the application does not need to describe in detail the reasons for your departure.

Don't relax

After a formal resignation, it is easy to forget about your responsibilities. But you still have two more weeks ahead of you. If you do not want to spoil the impression about yourself, do not relax and bring the work you have started to the end. For surely you will be remembered for these last weeks.

Do not start any new projects during this time. If you don't have time to complete something, tell your colleagues at what stage the task is. Leave hints for those who will do your work. Ask how you can help your colleagues.

Make everyone regret your departure and remember you with a smile.

Don't insult your ex-boss on social media

Some post messages on social networks about how happy they are to leave this hell and not see the tyrant boss anymore. Don't be tempted, even if it's true. Maintain dignity. The boss may not see this entry, but other people will develop about you.

Thank colleagues and say goodbye to them warmly

Keep in touch with colleagues. Let us know about your departure by e-mail or in the general chat. Have a farewell party. This is a great way to remember with a smile all that you have experienced together. You may have developed friendships with some and want to see them outside of work.

For voluntary layoffs must write a letter of resignation . Without such a document, termination of the employment contract on this basis is illegal. It would seem that what is easier - quit voluntarily…. However, in practice there are many questions and problems. For example, an employee wrote voluntary resignation letter from tomorrow and does not go to work, believing that he should be fired as he indicated in the application. Or an application has been submitted, 2 weeks have passed, and the employment contract has not been terminated, there is no work book on hand, and the employer reports: “We have not seen your application.”

How to quit on your own right? What are the deadlines for voluntary redundancy? What to do if your application is not accepted? Can I not go to work after applying? Is it possible to quit one day of your own free will without working off?

So you've decided to quit. To do this, you need to write an application. You cannot attach an oral statement to an order, so we write!

Sample letter of resignation.

In OOO "…"

From (position, full name)

I ask you to terminate the employment contract, to dismiss me of my own free will on November 6, 2013.

22.10.2013 signature

What to look for in an application?

It is not necessary to indicate the name and position of the person to whom you are applying. The employer is not the director or head of the personnel department, but a legal or natural person, if you work for an individual, and you have an agreement with this person.

You can’t write like this “fired from .......”. The preposition "C" is not written in the application, since if it is present, a double understanding is obtained: you want to stop working from this date or you want this day to be the last working day.

You must notify the employer of the dismissal at least 2 weeks (14 days) in advance, so the date of dismissal must be indicated by counting 14 days from the day following the date of application . In our example, the countdown goes from 10/23/13 and the 14th day falls on 11/6/13.

Be sure to indicate the date of submission and sign. If you wrote an application on one day and submitted it on another, then the countdown of 14 days will start from the day following the day the employer received the application.

How to apply?

I advise you to keep a second copy voluntary resignation letter with a mark of acceptance, because there were cases when the employer later stated that the employee did not submit an application or demanded the surrender of material assets, otherwise he would not be fired. So you will have confirmation of the fact of filing an application and confirmation of the obligation of the employer to terminate the contract.

If the employer does not accept the application or refuses to mark its receipt, then the application for dismissal can also be sent by telegram. In this case, ask the operator to certify your signature.

51. A telegram of the type "certified by the telecom operator" is accepted if the sender wishes to certify the fact confirmed by the document and (or) certify his signature contained in the telegram.

On the form of a telegram of the type "certified by the telecom operator", service marks are made - extracts from documents proving the identity of the sender.

All certification entries made by the telecom operator are included in the text of the certified telegram.

Decree of the Government of the Russian Federation of April 15, 2005 N 222 "On approval of the Rules for the provision of telegraph communication services"

In the same way, you can apply if you are on vacation or sick.

What are the deadlines for voluntary redundancy?

You must terminate the employment contract after the expiration of the notice of dismissal, i.e. 14 days later, or on the date on the application if you applied earlier.

You cannot skip this entire period of notice. All guarantees provided for by the Labor Code, as well as other rules that contain your responsibility, apply to you. During this period, you can also be fired for absenteeism, for repeated failure to perform work duties, if these facts are revealed.

Also you you can be on vacation and apply for resignation. After filing, you can continue to rest until the vacation ends. However, if the vacation is over, and 14 days of warning has not yet expired, then you need to go to work and work until the end of the term.

If you fall ill, the period of incapacity for work does not interrupt the course of the term. You can be on sick leave, and on the 14th day you are required to be fired. How obliged to issue a work book in this case, you can.

After termination notice period may not go to work. If the employer did not fire you on the last day of the term, did not make a calculation, then you can then demand compensation for the delay in the work book and interest for the delay in wages.

You also have the right to withdraw your application during the termination notice period if you change your mind about leaving. This must also be done in writing and record the fact of the application. In this case, the employment contract cannot be terminated. However, if another employee is invited to your place, then they are obliged to accept him, and fire you.

However, remember that this employee must be invited in writing as a transfer from another employer, the contract with which was terminated no more than a month ago. Employees invited in writing by way of transfer from another employer within a month from the date of dismissal are prohibited from refusing to hire.

Is it possible to quit one day of your own free will without working off?

There is no such thing as "working out" in the labor code. There is a notice of dismissal at least 2 weeks in advance.

It is possible to quit one day if the employer himself wants it. As stated in Art. 80 of the Labor Code of the Russian Federation, an employment contract can be terminated before the expiration of the notice of dismissal only by agreement. Although it is inconvenient for the employer, since it is necessary to calculate wages, fill out and issue a work book.

There are cases when the employer is obliged to terminate the contract within the period specified in the application, even if 2 weeks have not passed from the date of the warning: enrollment in an educational institution, retirement, established violations by the employer of labor legislation, local acts, terms of the employment contract.

What to do if your application for resignation of your own free will is lost?

If you have taken the advice above and kept a copy with a mark of acceptance for yourself, then you can apply for dismissal in accordance with the application.

If you have nothing left on hand, and the employer assures that nothing has been received, therefore, it requires the fulfillment of duties, then you can demand dismissal within the period specified in the lost application or submit a new application. In the first case, if there is no evidence of submission, then it is better not to argue.

When the dismissal of your own free will is not made on time, and you do not insist on dismissal, that is, you continue to work, the employer can no longer terminate the employment contract after the date indicated in the application, since the employment contract continues.

What to do if the application for dismissal is forced to write along with the application for employment?

In this case, either do not write, but then you will be refused admission, or write, but write the entire text of the application by hand, and not type it on a computer. And write it with a ballpoint pen, not a gel pen. In this case, it will be easier to challenge the dismissal, if necessary..