Dismissal letter

In this article, you will learn:

An employee writes a letter of resignation upon termination of an employment contract on his own initiative. There is no unified form of application for dismissal. It is written in free form. However, there are several mandatory requirements for a letter of resignation:

• the employee must write the letter of resignation by hand or print;
• in the application for dismissal, the employee must clearly state his intention to terminate the employment relationship;
• the employee must sign his letter of resignation;
• the employee must submit an application for dismissal to the employer in person or send it by mail.

How many days to write a letter of resignation

The employee must notify the employer about the termination of the employment contract, that is, submit his application for dismissal, at least two weeks before the desired date. This procedure is established in part 1 of article 80 of the Labor Code of the Russian Federation. This time is necessary for an employer to find a new employee for an opening vacancy. If desired, the employee can write his letter of resignation earlier, but then in the application it is still better to indicate a specific date of dismissal.

Often, in practice, there is a substitution of the concept of "warn" for "work out". Although even the very concept of "working off before dismissal" does not exist in the Labor Code. We are talking about the deadline for filing a letter of resignation - no later than two weeks.

The exception to the general rule are cases when further work cannot be continued and the employee must quit on a certain day. This can be admission to an educational institution, retirement and other cases when the employer is obliged to terminate the employment contract within the period specified in the employee's application (part 3 of article 80 of the Labor Code of the Russian Federation).

If an employee decided to leave the company at an earlier date without good reason, then this is possible only by agreement with the employer.

If the employee did not indicate the date of dismissal in the application (the last day of work), the employer can use the general rule and dismiss the employee two weeks after receiving his application.

The two-week period of notice of dismissal will begin to be calculated from the next day after the employer receives the application on the day (part 1 of article 80 of the Labor Code of the Russian Federation). It turns out that if the employee sent the application for dismissal of his own free will by mail, for example, by registered mail (letter from Rostrud dated 05.09.2006 No. 1551-6), the two-week notice period for dismissal may start later than the employee plans. The employer must register the application received by mail in the register of incoming documents and assign it an incoming number.

Withdrawal of the letter of resignation

Within two weeks of filing a letter of resignation, an employee may change his mind about quitting and withdraw his / her application. The employer has the right to refuse him only in one case: if another employee has already been invited in his place in writing, who cannot be refused employment: for example, if this employee is invited by way of transfer (part 4 of article 80 of the Labor Code of the Russian Federation).

If an employee decides to quit and by this time he has accumulated unused vacation days, he has the right to take them off until the employment contract is terminated (part 2 of article 127 of the Labor Code of the Russian Federation). See a sample application for vacation with subsequent dismissal below. Please note that in the case of leave with dismissal, the last working day and the day of dismissal do not coincide.

The employer is not obliged to provide the employee with leave with subsequent dismissal. Instead, he is entitled to pay monetary compensation for unused rest days. True, an employee has the right to first write an application for vacation, and two weeks before its end, submit a letter of resignation. If an employee brought a letter of resignation while on vacation, there is no need to recall him from vacation on that day. After all, he does not fulfill his labor functions at this moment, and the recall from vacation should take place on the initiative of the employer and only with the consent of the employee (part 2 of article 125 of the Labor Code of the Russian Federation). And in this case, the employee is going to resign of his own free will, there is no initiative of the employer.

But keep in mind that if an employee took a vacation followed by dismissal, he has the right to withdraw his application for dismissal only before the start of the vacation. The form of withdrawal of the letter of resignation, like the application itself, has not been approved. This can be a separate statement of revocation of the previous one, or you can make a note of the revocation on the letter of resignation itself.

Sample. Dismissal letter of your own free will

Sample. Application for resignation due to retirement

Sample. Vacation application followed by dismissal