Dismissal of your own free will: terms and statement of resignation of your own free will

- the procedure is quite simple and quick, if you follow certain rules. This is the most popular reason for leaving, even if there was a different, objective reason for dismissing a person, since after that it will be easier to find a new job and explain the reasons for leaving the new management. It is important not to violate the procedure for dismissal and drafting, filing an application, so as not to face difficulties in the future.

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No one is obliged to disclose the reason for their dismissal of their own free will.

It is possible to speak about leaving the place of work of one's own free will in the case when the initiative comes from the employee, and not from the boss. However, as you know, cases are quite common when they are fired through his fault, but they are allowed to write a statement on their own so that he can easily get a new job.

If a person decides to leave himself, voluntarily, he can write a statement at any time, and this does not require the consent of the manager or director. The dismissal procedure will be as follows:

• It is written. This is done in advance, usually two weeks before the actual departure.
• The application must be taken to the personnel department, where a dismissal order will be drawn up. This order officially sets out all the details and conditions on which the employment contract will be terminated.
• The employee must familiarize himself with this order and put his signature confirming this fact. If, for some reason, the employee is absent and cannot read the order, a corresponding note is made and the signature of the employee of the HR department or the head is put.
• The resigning person must also receive payment. All the amounts due to him (salary, bonuses, etc.) can be received on the last day of work in this organization (this is the date that was indicated in the application as the date of dismissal).
• a corresponding entry is made about the day and reason for the dismissal. This is also done by a personnel worker. Labor is issued in person or sent by mail, if it is impossible to pick it up personally.

It is worth remembering that such a departure from the workplace is the right of any person. The employer cannot restrict or restrain him, as well as refuse the employee to pay. In this case, there is no need to indicate or even name the reason for your departure.

If the employee agrees to work the prescribed 2 weeks, complies with all the rules of the dismissal procedure and wrote a statement on time, he is not obliged to explain his departure.

Application and deadlines for its submission

Dismissal: You can write by hand

Of course, it is advisable, before you, to notify the management of your desire to quit. During this time, you can negotiate all the nuances, and the boss can find a new employee to replace the departing one.

After all the issues are resolved, you can write a statement. It is written very simply. It takes only one phrase "I ask you to fire me of my own free will" and a date that can be considered the day of dismissal. Of course, you need to indicate the name of the organization, the name of the director, signature and date of compilation. That's all it takes.

There is no need to indicate the reason for leaving, and no one has the right to demand this from the employee. However, if the employee does not wish after writing the application, he must indicate the reasons for his refusal. In some cases, documentary evidence may be required confirming that it is necessary to quit immediately and without working off.

As mentioned above, you must submit an application two weeks before the actual leaving or earlier. That is, if a person submits an application on March 3rd, he will be fired on March 17th. This period may be shorter if both the employee and the management have come to an agreement on this matter.

If a person leaves during the probationary period, he notifies the boss 3 days before leaving. The head of the organization may resign with a month's notice before leaving, since it is more difficult to find an employee for this position. Working pensioners are not required to work, they can leave immediately after writing an application.

If the application was submitted in advance, and then the employee fell ill and went on sick leave, then the day of dismissal may fall on sick leave. This date does not change and is not postponed unless the employee himself has withdrawn his application. Accordingly, wages are paid for all days worked and that part of the sick leave that fell before the date of actual dismissal.

If after this the employee continues to be ill, the organization is not obliged to pay him.
However, if an employee first quit and then fell ill within a month after leaving (provided that he did not find a new job), he can still count on a payment in the amount of 60% of the average earnings.

If the dismissed person continues to be ill and cannot come to the workplace after the dismissal, a note is made in the order that he cannot be familiarized with the order. He can pick up the labor and receive the calculation at any time. The due sums must be paid to him on the same day or the next day after the submission of the relevant demand. This applies to salaries and compensation for.

The sick leave benefit is calculated in the same way as for working employees, that is, within 10 working days after the sick leave is submitted and is charged on the day of the next payments.

Possible difficulties

Dismissal of their own free will: entry into labor

Although a procedure such as voluntary dismissal is rarely accompanied by difficulties, sometimes they do occur. More often they are associated with formalities, but even if all the rules and regulations are observed, difficulties may arise due to the disagreement between the employee and the boss. Common difficult situations:

• The resigning person forgot to indicate the date of dismissal and indicated only the date of filing the dismissal. This should be avoided, since the management in this case can determine the date on their own, with which the employee will not agree. If the application has already been submitted, you can attach another document to it, in which you can write down the date of dismissal.
• The last day of work falls on. If the last working day turned out to be a non-working day, you can postpone the dismissal date to the next working day after that. For example, the application was submitted on February 23, 2016, and the date of dismissal falls on March 7, a non-working day. In this case, the date of dismissal can be considered March 9.
  The phrases in the statement are blurry. You can usually find a sample application from a career clerk.

You should clearly state your desire to leave your job with phrases like “I ask to fire me”, “I ask to terminate me”, etc. You should not write “I ask to be relieved of my powers”, “I ask you to consider me free” and so on. These phrases are not specific. Moreover, this is risky precisely for the bosses, because then the employee can declare that he meant something else, a vacation or another position.

The employee wishes to withdraw his application. It is believed that the entire period until the day of dismissal, the application can be withdrawn if you write the corresponding application. However, there are some nuances here:

• It will not be possible to withdraw the application if during this time the authorities have already found a new person for this and officially issued him.
• No signature. The application contains a small number of details, it is not so difficult to remember them. The signature is one of the required items. Moreover, it is advisable to put not only the signature and its transcript by hand, so that later no one could say that the signature was forged.
• The statement indicates the date of dismissal without work. In this case, the decision is up to the authorities.
• If he has no desire to keep the employee further, he will sign the order and let him go without working off. If there is a need to work, he will notify the employee that such a statement has no legal force, and he is obliged to work 14 days.

To avoid such difficulties, you need to discuss such issues with your superiors in advance and follow all the rules of the dismissal procedure.

We find the answers in the video - dismissal of our own free will: