How to quit your job. Izvestia's instructions

Sometimes there comes a time when the employee and the employer decide to terminate the employment relationship. There may be many reasons for dismissal, but in any situation, the parties must remember each other's rights and respect them. Read about how to quit your job correctly in the Izvestia article.

Grounds for dismissal

Dismissal is a complete termination of the employment relationship between an employee and the organization. The grounds for this are listed in Article 77 of the Labor Code of the Russian Federation.

Common reasons for dismissal include:

• termination of an employment contract for reasons beyond the control of the parties;
• termination of the agreement by mutual agreement of the parties;
• dismissal at the initiative of the employer;
• termination of a fixed-term employment contract;
• dismissal at the employee's own request.

In case of voluntary dismissal, the employee is not obliged to explain the reasons for his decision to the company's management. It is enough to submit an application for the termination of an employment contract.

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How to resign on your own

Voluntary dismissal is the most common type of termination of an employment relationship. To say goodbye to your previous job, you need to write an application addressed to your supervisor.

What to write in a letter of resignation on your own:

• specify the addressee — usually the application is written to the head of the organization.;
• clearly articulate the desire to resign on their own initiative;
• specify a specific date of dismissal;
• specify the date of the application for dismissal;
• put a signature.

Most often, the application is submitted in paper form. You can find a sample online and print it out or ask the HR department. If the organization has an electronic personnel document management system, the application can be sent via corporate mail or specialized systems.

In most cases, the employee must give notice of his dismissal two weeks (14 days) in advance — this period is called working time. The countdown starts from the day following the date of submission of the application. However, in some situations, this period may be shortened or extended.

Other working-off periods are provided for:

• employees on probation — 3 calendar days;
• heads of organizations — at least 1 month;
• employees who have signed an employment contract for up to 2 months — 3 calendar days.

Dismissal without work is possible in the following cases::

• admission to an educational institution;
• retirement;
• violation of labor legislation by the employer;
• inability to continue working (for example, for health reasons).

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On the last working day, the employer is obliged to issue a dismissal order and ensure that the employee signs it. In this case, the employee is given the following documents:

• work record in paper or electronic format;
• a pay sheet showing all payments;
• extracts from personalized information about insured persons;
• the EFS-1 form with subsection 1.2;
• extract from the calculation of insurance premiums;
• medical record (if available);
• copies of documents related to employment.

In some organizations, you also need to fill out a workaround sheet before you leave: hand over the premises, equipment, tools, workplace and sign the document with the department heads. At the same time, an unformulated worksheet cannot become a reason for refusal to dismiss.

Dismissal by agreement of the parties

This method of termination of an employment contract presupposes a mutual agreement between the employee and the employer. In this case, an employee's statement is not required.

Key features of dismissal by agreement of the parties:

• joint determination of the date of termination of the employment relationship;
• lack of mandatory training;
• the impossibility of unilateral withdrawal of the agreement;
• the possibility of receiving additional payments.

In order to continue the employment relationship after signing the agreement, a new document on the cancellation of the previous decision is required.

Dismissal at the initiative of the employer

The employer has the right to terminate the employment contract if the employee commits disciplinary offenses or fails to perform his official duties. An employee can also be dismissed in case of staff reduction or liquidation of the company. All grounds for dismissal on the initiative of the head are described in art. 81 of the Labor Code of the Russian Federation and certain federal laws.

There are categories of employees who cannot be dismissed at the initiative of the employer. These include:

• pregnant women;
• women with children under three years old;
• single mothers of children under 14 years of age;
• parents of disabled children under 18 years of age;
• the only breadwinners in large families.

An exception is the liquidation of an organization or individual entrepreneur, as well as gross violations of labor duties on the part of an employee.

Dismissal for gross violations of labor duties is applied as a disciplinary measure. The list of such violations is strictly regulated by labor legislation.

Gross violations include:

• absenteeism without a valid reason;
• appearing at work in a state of intoxication;
• disclosure of legally protected secrets;
• theft of property;
• violation of labor protection requirements;
• embezzlement of entrusted property.

In case of staff reduction or liquidation of an enterprise, the employer is obliged to follow the established procedures. These measures are aimed at protecting the rights of workers who are subject to redundancy.

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Obligations of the employer in case of reduction:

• warning employees 2 months before dismissal;
• notification of a trade union organization;
• informing the employment center;
• payment of severance pay;
• offer of available vacancies.

When reducing staff, the employer must take into account the employees' preferential right to retain their jobs. First of all, there are workers with higher qualifications and productivity.

Settlement upon dismissal

The final settlement with the dismissed employee is made on the last working day, regardless of the grounds for termination of the employment contract.

The standard calculation includes:

• salary for the days worked;
• compensation for unused vacation time;
• bonuses and allowances provided for by local acts.

Additional payments are provided for certain types of layoffs.:

• by agreement of the parties — the amount of "compensation";
• in case of staff reduction — severance pay;
• in case of liquidation of the organization — compensation payments.

Individual entrepreneurs are not required to pay severance pay when staff is downsized.

Earlier, Izvestia reported an increase in the hiring of employees under civil law contracts.