How to write a letter of resignation of your own free will

For all the seeming simplicity and obviousness of actions upon dismissal of their own free will, many citizens still make mistakes in the process of terminating employment at a particular enterprise. Few people know how to correctly write a letter of resignation of their own free will and guarantee themselves the termination of an employment contract without additional problems.

Each citizen in the process of working under an employment contract has the opportunity to quit at his own request. The management cannot limit this right, and is obliged to satisfy the employee's application. However, the administration of the enterprise also has certain guarantees for the observance of interests, which are expressed in the need to ensure the smooth functioning of the activity.

• personal data of the applicant and his position;
• grounds and reasons for dismissal (their mandatory completion is required only in cases where such reasons make it possible to avoid a two-week working off);
• the date from which the employee requests to be fired (not earlier than two weeks from the date of application, except in cases that allow a reduced period of departure from work);
• date and signature of the applicant.

If the specified information is available, all formalities will be observed and after the time for working off the employee must be dismissed from the enterprise.

The legislation establishes that the termination of an employment contract at the initiative of an employee is allowed subject to prior notice to management at least 2 weeks in advance. It is this period that the applicant will have to work out if the manager does not agree to release him by mutual agreement without working off.

An application for termination of an employment contract is submitted in writing. This is how you can fix the date of submission of the document and start the countdown to dismissal.

The application is signed by the employee in his own hand and handed over to the official of the enterprise authorized to conduct personnel records management. As a rule, this is a specialist in the personnel department or a clerk.

The acceptance of the application is marked on the second copy, or the document is registered in the presence of the employee in the journal. This will officially record the will of the employee for subsequent legal proceedings.

Management has no right to refuse to accept an application. If an official of the enterprise refuses to accept the document or puts the number of incoming correspondence, the employee has the right to file an appeal by mail with acknowledgment of receipt. You can also contact the prosecutor's office or the State Labor Inspectorate with a complaint about violation of rights.

If the employee has documents confirming the right to quit without working off, they must be attached to the application. Then the management is obliged to satisfy the application from the date on which the moment of occurrence of such a circumstance is associated.

Also, the employee has the right to apply while on vacation, or on sick leave. In this case, the application may be submitted in writing by mail.

After the expiration of the working period, the employer is obliged to perform the following actions:

• issue an order to terminate the employment contract;
• make an entry in the work book;
• issue a work book to an employee and make a full payroll.

After the dismissal of the employee, the application submitted by him is filed in a personal personnel file and submitted to the archive.

What are the deadlines for dismissal of one's own free will

The legislation provides for general and special deadlines for terminating an employment contract at the initiative of an employee.

Depending on the situation, such terms will be drawn up:

• no more than two weeks - according to the general procedure for dismissal with working off in full;
• within the period specified by the agreement between the employee and the manager - if the employer does not insist on working off and is ready to terminate the employment relationship before the deadline;
• within the period established by the employment contract - if the employer is an entrepreneur;
• from the date indicated by the employee - in the presence of certain circumstances (violation of the law or internal documents by management; the presence of objective circumstances of the impossibility to continue work).

In any case, the term for issuing an order to terminate an employment relationship cannot exceed two weeks. If an employee is subject to an internal audit on causing material damage to the enterprise, it cannot affect the final date of dismissal.

Is it possible to quit voluntarily one day without working off

If circumstances arise under which it is objectively impossible to continue working (enrolling in an educational institution, retirement, etc.), the employee must attach supporting documents and indicate in the document the date from which he must be dismissed.

Such supporting documents may include:

• certificate of call to an educational institution;
• the decision of the PFR body on the appointment of a pension;
• documents and grounds confirming the fact of violation of the law, collective agreement or labor contract by the management.

If the management refuses to issue an order to terminate the employment contract, the employee has a reason not to go to work and demand to issue a work book with a record of dismissal. Also, the refusal of the chief can be appealed in court or through the prosecutor's office.

What to do if the employer lost the letter of resignation

In cases where the employee's application was lost due to the negligence of the employer's officials, or disappeared due to the deliberate actions of the management, who did not want to release the employee, the second copy of the document will be important. It must be in the hands of the employee with a mark of delivery to the representative of the employer, or with a stamp of incoming correspondence.

If the employee does not have evidence of serving the application, he can challenge the actions of the management in court or by filing a complaint with the prosecutor's office. However, even in such cases, it is necessary to provide evidence of the application (witness testimony, circumstantial evidence).