A letter of resignation: how to draw it up correctly?

It so happened that only a few have been working in one company for decades. Most citizens of working age have to change jobs much more often for various reasons. How to write a letter of resignation and get a calculation without any problems?

Where to begin?

As a general rule, an employee can quit on his own initiative by giving management two weeks' notice. The calculation of this period begins from the next day after the receipt of the application for dismissal by the superiors. At the same time, there are exceptions to these rules:

Inability to continue working

The legislation also provides that an employee has the right to submit a letter of resignation to the director and not work for 2 weeks if he cannot continue to work for some objective reasons beyond his control. For example, it can be retirement, admission to a university, moving to another city, urgent treatment, etc. The need for working off also disappears if the employer has violated labor laws, various regulations that contain labor law norms, collective agreement prescriptions, local regulations. In this case, the boss will be obliged to fire the subordinate from the day indicated in the employee's statement.

How to put everything together correctly?

The statement of termination of the employment agreement can be either written by hand or typed on a computer, there are no restrictions. In principle, such a document can be drawn up in any form. However, you shouldn't forget about the required details either. The application indicates to whom it is being submitted (for example, to the director of Romashka LLC V.V. Petrov), the name (that is, about dismissal on one's own initiative), a request for dismissal is stated (refer to Art. 80 of the Labor Code of the Russian Federation), the latter is indicated the day the employee will be at work (in order to avoid misunderstandings, it is better to skip the preposition "c" and just write down the last working day), position and full name. subordinate. The end is dated and signed by the employee. This is what a sample sample looks like. A letter of resignation is usually submitted to the director's reception office. It can also be sent by registered mail. By the way, the latter option is best used if the employer does not want to accept the document in person.

Example

In general, an example of a letter of resignation at will may look like this:

Director of OJSC "Romashka"

V.V. Petrov

legal adviser Yuriev V.M.

Dismissal letter of your own free will

On the basis of Article 80 of the Labor Code of the Russian Federation, I ask to dismiss me of my own free will on July 6, 2014.

Additional Information

Other information can be added to the letter of resignation (for example, about the desire to use vacation before dismissal or about the reasons for leaving work). By the way, regarding the reasons for terminating the contract: sometimes such information is quite important. For example, if an employee is entitled to some kind of benefits or subsidies, then a record of dismissal must be made in the work book with the obligatory indication of the reasons for terminating the contract. For example: “Fired due to the need to take care of a minor child”, “Fired in connection with the transfer of her husband to work in another region”.

Can I withdraw my application?

As long as the term for the notice of dismissal has not expired, you can withdraw such a statement at any time within this period. True, in some cases this will not work. If another specialist has already been invited to your place and, according to the law, such a person cannot be denied employment, then it is prohibited to cancel your application. And if, after the deadline for dismissal has passed, the subordinate does not insist on terminating the contract, and no one else has been invited to work, then the manager has no right to say goodbye to him. In this case, the employee may well continue to work. At the same time, after the expiration of the term, which includes the letter of resignation, the employee has the right to stop working. On the last day when he is in the service, he is obliged to issue a work book, to make a full payment (unused holidays, wages, various compensations, sick leave, etc.).

Is it that simple?

With its outward simplicity, the mechanism of dismissal at will has many nuances. For example, the fact that the law does not establish a uniform form for a letter of resignation can be both an advantage and some kind of obstacle. Due to the inaccuracies that the employee makes when compiling it, many legal disputes arise. Also, the Labor Code does not prescribe a specific mechanism for withdrawing an application for termination of an employment agreement before the expiration of the warning period. In addition, the procedure for dismissing a subordinate by mutual agreement of the parties is not entirely clear, which is often used instead of dismissal at the personal request of an employee. The lack of specification on these issues is usually interpreted as providing the employer and employees with a certain freedom of action, that is, they can negotiate with each other. True, with a mismatch of interests, such a situation may be disadvantageous, because in this case the parties begin to understand the same norms of the law in their own way.

How to proceed?

As you can imagine, having just an example of a letter of resignation is not enough. If you need to leave work, then remember these points:

Be sure to include the date of departure;

Calculate exactly so that there are at least 2 weeks left before this date;

Make sure your application is accepted by management.

If the director is unwilling to accept the application, there is no reason to be upset. We do not live under a slave system, and everyone has the right to terminate the contract subject to a certain procedure. In this case, send the document by registered mail. This will be irrefutable proof that you submitted your application on time. On the last day, request the issuance of all necessary documents and calculations. If the management refuses to do this, then you may well sue. For each day of delay, the employer can be made to pay, and in addition to recover moral compensation. So not to pay the employee the money owed to him is not at all in the interests of the management.