What's the best way to quit? How to correctly write a resignation letter of your own free will. What to live on after dismissal

The reasons when an employer requires an employee to write a statement of his own free will can be very different - the company does not have enough money to pay the employee, a personal conflict between a manager and a subordinate, an intention to vacate a position for “their” candidate. But all this does not mean that an employee is obliged to humbly resign just because the employer wants it that way. On the contrary, in most cases, Russian legislation is on the side of workers.

AiF.ru, together with experts, examined in detail the popular questions that arise among employees who are faced with an employer’s request to write a statement of their own free will.

How to behave if your boss demands that you resign at your own request?

In case of voluntary dismissal, only the employee can be the initiator. Otherwise, it will be the desire of the employer, not the employee. Such requests from superiors are illegal.

“If you do not plan to part with your employer, then, of course, you should not write such a statement. I also don’t recommend entering into open confrontation with your superiors. First of all, you should clarify with management what caused this decision, and, based on the answer, take specific actions,” advises senior lawyer of the labor law department of the Institute of Professional Personnel Tatyana Shirnina.

There may be several ways out of this situation:

1. Do not write a letter of resignation of your own free will and continue to work as if nothing had happened;
2. Do not write the above statement, but contact the regulatory authorities with a complaint against the employer;
3. Offer the employer to part ways by agreement of the parties with payment of a certain amount.
   “Often it is the latter option that suits both parties. The employee does not want to be “thrown out” of his job, and the employer is ready to pay if only the employee would leave. Therefore, there is always a choice, and it is up to the employee,” Shirnina emphasizes.

What to do if the employer is against the contract by agreement of the parties?

It happens that the manager stands his ground and does not want to hear about any agreement between the parties. In this case, he will have to deal with the labor inspectorate. After contacting this service, it must conduct a check on the employer.

“If these actions did not lead to anything, it is necessary to write a corresponding statement to the prosecutor’s office. If appealing to the help of the “eye of the sovereign” does not bring results, the employee must prepare to defend his interests in court. For this purpose, it is important to ensure the availability of an evidence base in advance,” points out lawyer Vladimir Postanyuk.

If the manager puts pressure

Typically, requests to write such a statement are accompanied by pressure on the employee. If your manager makes threats in an attempt to get fired, his behavior is a legal reason to contact the labor inspectorate, the court and the prosecutor's office.
“If the manager limited himself to verbal actions when putting pressure on the employee, without resorting to threats to the life and health of the subordinate, then the boss who violated the law will face punishment under Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation. At the same time, pressure should be understood as more than just a suggestion made at least once to write a statement. There must be a mandatory requirement, implying that if the employee disagrees, he will be subject to some kind of damage (he will be fired for an alleged gross violation of labor duties and theft in the workplace),” explains Postanyuk.
According to him, if there are no aggravating circumstances in the case (repeated commission of a similar crime), then the unscrupulous manager may be overtaken by either a warning or a fine of 1 to 5 thousand rubles in relation to an official or individual entrepreneur. The punishment for legal entities is more severe: they are required to pay compensation in the amount of 30 to 50 thousand rubles.

“If an employer uses violence against his employee, then he will face criminal liability under one of the articles of Chapter. 16 of the Criminal Code of the Russian Federation,” he adds.

What is evidence of pressure being exerted?

According to Shirnina, most often courts recognize audio recordings of conversations recorded on a voice recorder as inadmissible evidence.
“Moreover, the courts, as a rule, reject requests to order a phonographic examination of a voice recording of a conversation. But it must be said that even if the recording is not included in the case, but is heard by the court, this can form the internal conviction of the judge, so it is worth trying to file such a petition,” she notes.

What threatens an employer who forces him to write a statement of his own free will?

If an employee contacts the labor inspectorate with a complaint about the employer’s illegal actions, the latter should prepare for an inspection.

“As a rule, it rarely happens when all personnel documents are in perfect condition, so the likelihood of being brought to administrative responsibility is quite high,” Shirnina emphasizes.

“An employer has no legal means of achieving the dismissal of an employee at his own request. These actions are basically illegal. Traditional methods of “survival” of an uncompromising employee from an organization represent various variations of certain rights of the employee (primarily the employment contract). Due to this circumstance, the leader’s behavior can be used as a reason to bring a lawsuit: on charges of libel (Article 128.1 of the Criminal Code of the Russian Federation), insult (Article 5.61 of the Administrative Code), etc.,” adds Postanyuk.

Can an employer fire an intractable employee?

As practice shows, if an employer plans to get rid of an unwanted employee, he rarely abandons this idea.

However, the manager cannot fire an employee just because he refuses to write a statement of his own free will. But he can try to bring the subordinate under one of the grounds. For example, absenteeism or showing up at work while intoxicated.

“An employee who is asked to write a statement of his own free will should be more attentive to his job responsibilities, come to work on time, not be late from lunch, and not arrange “smoke breaks” and tea parties for himself during working hours. In general, fully comply with labor discipline. In addition, perform your job duties carefully and efficiently, because this employee is under the close attention of the employer,” advises Shirnina.

“You are not qualified for your position”

Often, in response to logical questions from employees, “Why are you asking me to quit?” the employer replies: “You are not suitable for your position. And management’s opinion on this issue is sufficient.”

No, not enough. The fact is that the employee’s inconsistency with the position held or the work performed must be confirmed by the results of certification (Part 3, Article 81 of the Labor Code of the Russian Federation), and not by the subjective opinion of the boss.

“At the same time, the certification process is applicable only to employees who, by the nature of their activities, are associated with equipment, mechanisms, machines, devices, devices and vehicles, as well as sources of hazards that can have a harmful effect on humans. In addition, it is also necessary to certify specialists who use hand tools during their work, including electrified or mechanized ones. The latter also includes the participation in the procedure of office workers, who spend more than half of their time at the computer. Certification in a specialty is carried out only on the basis of special educational institutions, courses or plants for both private companies and government agencies. Thus, the manager’s ability to influence the certification to his advantage is reduced to a minimum,” says the lawyer.

As a result, the certification mechanism is not available to an unscrupulous employer.

About the job description

Not all companies have employees with a job description and a clear area of ​​activity. Can an employer take advantage of the lack of a job description and fire an employee, citing this fact?

“A job description is not a mandatory document, so here we need to start from where the employee’s job function is stated. If it is stated directly in the text of the employment contract or in the job description (which the employee is familiar with), then this is one story and here the certification procedure can be launched, and based on its results a conclusion is made that the employee is not suitable for the position held.

If the job duties and qualification requirements for the position held are not specified anywhere, then the employer cannot dismiss such an employee for non-compliance with the position held by law,” Shirnina emphasizes.

This is due to the fact that first of all it is necessary to understand what the employee does not meet and what requirements were initially placed on the employee.

“In general, such a basis as an employee’s inadequacy for the position held or the work performed due to insufficient qualifications, confirmed by the results of certification, is quite slippery. As a rule, it is the employees who win in such disputes. The very procedure for such dismissal for commercial organizations is not regulated by law and, as a result, is carried out in violation; conclusions about the employee’s non-compliance are considered biased,” the expert adds.

Can an employer force an employee to sign a job description after the fact?

The job description specifies the employee’s job function, and it is a mandatory condition of the employment contract, experts say. Changes (including additions) to the terms of the employment contract are permissible only with the consent of the employee. It is impossible to force an employee to sign something without his desire already during his working life.

“By the way, the absence of a mandatory condition of the employment contract is regarded as a violation of labor legislation, for which administrative liability is provided (Part 3 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation),” Shirnina notes.

What to do if the application has already been written?

Another situation is if the employee, under pressure, wrote a letter of resignation, and then filed a lawsuit for reinstatement at work.

According to the expert, in this case, it is quite difficult to prove the employer’s coercion, since it is the employee who bears the responsibility to prove that he was forced to resign of his own free will.

“However, the employee still has a chance to prove that the employee filed the application of his own free will, out of fear of being fired. This is evidenced by judicial practice, for example, the ruling of the Nizhny Novgorod Regional Court dated November 20, 2007 in case No. 33-5607. In this decision, the court assessed the employer’s threats to fire the employee for absenteeism as a circumstance confirming pressure and coercion to dismiss. Judicial practice in disputes about restoration is quite diverse and depends on the specific circumstances of the case; it is always worth fighting for your rights,” summarizes Shirnina.

The labor rights of an employee are protected by law more thoroughly than those of an employer, so a subordinate has the right at any time and for any reason.

Moreover, even personal submission of other documents is also not mandatory - All this can be done without visiting the place of work, that is, remotely. More details about the remote dismissal procedure and the nuances of its implementation are provided later in the article.

The specifics of final settlements depend on which payment method is used at a particular enterprise. If this is a non-cash payment, then the funds are transferred to the subordinate’s open account in the usual manner. If funds are paid in cash, then the employee must indicate the account number for transferring money in his application or in a separate document and give his consent to this.

Pros, cons and possible problems

It is best to use the remote method of terminating an employment relationship only in cases of extreme necessity, when there is no possibility of visiting the employer in person. This is due to the fact that it has certain disadvantages:

• risk (when the application is made by the employer or a third party);
• possible difficulties in the work of mail;
• the likelihood of losing the application;
• long term (the start date of the procedure depends on exactly when the letter will be delivered to the manager).

For the employer, the main risk may be the inability to verify the authenticity of the employee's signature. If it turns out that it was falsified, the dismissal will be considered illegal, and the employee will be required to do so.

To prevent such consequences, you must use one of the following options:

• check the employee’s signature on the application with other documents where it also appears;
• contact the employee (for example, by phone) and clarify whether he really sent the application;
• ask the employee to have his signature notarized.

The issue of verifying the authenticity of a signature is not regulated by law, so the employer must choose for himself exactly how to do this. As for the advantages of the procedure, the main ones are:

• speed of dismissal;
• convenience of the procedure;
• minimal time costs;
• no need for a personal visit;
• the opportunity to start another job or study before leaving.

If the dismissal is personally agreed upon with the employer and there is no doubt about the authenticity of the application, then the parties should not have any problems. Otherwise, disputes have to be resolved in court.

Judicial resolution of controversial issues

In most cases, claims are filed by employees who claim that the dismissal was illegal and occurred without their initiative and consent. In this case, the graphological examination procedure becomes decisive, during which the authenticity of the employee’s handwriting and his signature is established.

Example from judicial practice:

The Kuzminsky District Court of Moscow declared the dismissal of N.N. Morozova from the position of secretary illegal. Based on the results of the examination, it was established that the application was drawn up and signed not by this employee, but by a third party. As a result, the court decided to reinstate her at work, as well as pay her wages for the period of forced absence and compensation for moral damage.

The defendant did not agree with the decision and filed an appeal with the Moscow City Court, providing testimony from witnesses who confirmed that the dismissed employee had intentions to leave her job. However, the court did not recognize these arguments as weighty, since only documentation is important for the correct dismissal procedure. Therefore, the previously made decision remained unchanged.

Obviously, remote dismissal carries risks for both the employee and the employer. Therefore, to prevent possible disputes, it is better to agree on this issue in person or take care of the correct documentation of the procedure.

Before you burn your bridges and notify everyone of your dismissal, think about how firm you are in your decision. Let's give a simple example. It’s one thing when you work for several years in a company where you are constantly deceived, your wages are delayed, they cannot differentiate between the responsibilities of employees and they force you to do something that is completely uninteresting to you. And it’s completely different if you just got a job and realized that, in fact, it is very different from the picture that your imagination painted.

Think it over well

There are practically no ideal positions - at least you need to grow into them. And the boss is not always honest and fair. Or the work itself turned out to be not as interesting as you thought. In these cases, conduct a resistance analysis and think about whether there is a reason to stay in the workplace and adapt to the difficulties that have arisen.

Cause Analysis

Before you surprise your boss with your decision to quit voluntarily, first understand the reasons. Firstly, this is necessary to understand what vacancy to look for next. Secondly, this is the only way to choose a way to part with your current job. You will have the opportunity to understand that the problem is not what you are doing now, but you, and changing positions and companies will not solve anything.

Low salary

Most people cite this very reason for voluntarily leaving their previous job, although the real percentage of those dissatisfied with their salary is lower. Before you write your resignation letter, think about why you are being paid so little money. Maybe it’s the general level of salaries, which turned out to be below the market (in this company). But it often happens that an employee who performs poorly is paid little. Or do you lack knowledge and skills?

New job offer

There will always be a better job than this one. And if you change it too often, it will alert HR managers. Therefore, before leaving for a new place, evaluate all the pros and cons of the future position.

Conflicts with the boss

Few people have such a relationship with management that a mosquito won’t erode their nose. More often, the opposite happens: the employee feels as if the manager is requiring him to perform duties that do not correspond to the job description. Then you need to analyze whether you have problems obeying and following the orders of other people. Maybe you react aggressively to the demands themselves, although they are justified.

In this regard, conversations with someone who is on the opposite side, for example, with a person who holds a similar leadership position, can be useful.

Team climate

Sometimes relationships don't work out with colleagues. Everyone quarrels, gossips and wants to set him up. Some part of the responsibility also lies with the management of the organization, whose policies determine the organizational culture of the company. If you can't get along with any of your colleagues, there may be something wrong with your behavior too.

If the situation has recently begun to heat up, and this is due to some management decisions and work issues that you cannot influence, then dismissal will be an adequate solution. Although there may be a hidden trap here in the form of low stress resistance and the inability to adapt to complex changing conditions.

The essence of the work

You began to realize that what you were doing no longer brought you satisfaction. More and more often, boredom and irritation become your usual companions during the working day. Perhaps this position was never interesting to you, and you perceived it as a transit point between idleness and your dream job. And then the desire to quit is justified.

You could “grow out” of this position and want more, which this company is not ready to give you (but this must be clarified by your boss). Another option is when you are simply tired of stability: if there is calm in your professional field, you become bored. There can be two exits here. The first is to look for a position in which you will be like a volcano, but you must have high stress resistance and flexibility. The second is to figure out why you quickly become bored with monotony and stability, which forces you to change your surroundings.

When to tell your boss about your decision

You need to give notice two weeks before the date of your intended departure so that he has time to find a replacement for you. But finding an employee in such a short time is difficult.

Therefore, there is no need to delay in notifying your boss. Of course, it all depends on what kind of relationship you have with him. If you look into the eyes of harsh reality, it will become clear that good leaders are not abandoned, which means that you have some kind of misunderstanding. You may not have the desire to part ways peacefully with your boss. It is unknown how aggressive termination can affect your fate. Therefore, if you have the strength and desire, try to behave decently towards your “future ex” boss.

To do this, you need to warn him about the dismissal in advance. Not in two weeks, but in about a month. It is better to do this in a polite but decisive tone. Choose your words, expressions and intonation carefully. When talking about the reasons why you decided to quit, you should not mention the character of your boss, brutal working conditions and boredom. All this will cause aggression in the interlocutor, but there will be no sense. Be correct and accurate - these are the main conditions for a successful conversation. For example, instead of talking about a low salary, try saying the following: “I feel like I have reached my ceiling at this company. I would like to continue to grow and develop in order to be more effective and efficient.”

Be prepared for negative emotions from your manager. The news of an employee leaving will cause him stress. But you have the right to interrupt communication if the conversation goes beyond all boundaries and boundaries. Find balance and your conversation will end well.

What laws protect me

The Labor Code of the Russian Federation is on your side. Chapter 13 of this document is entirely devoted to dismissal. Article No. 77 provides a general list of grounds for termination of employment relations. These include agreement of the parties, initiative of the employee or employer, expiration of the employment contract, refusal to continue the employment relationship due to a change in the owner of the company, etc.

The boss is notified at least fourteen days before the expected date of dismissal, which will need to be worked out. However, not everyone knows that there are exceptions to this rule. For example, if the organization is not your main place of work and you work as a part-time worker. Or, subject to the conclusion of a fixed-term contract or a contract for seasonal work, in these cases the notice period is reduced to three days. Article No. 292 of the Labor Code of the Russian Federation informs us about this.

What documents will be required for dismissal?

First, you will have to write a letter of resignation in the prescribed form. If your bosses are loyal to you, then you can simply leave a statement with the HR department. If there may be problems with resolving this issue, then you should record the fact that it was submitted. To do this, print out the application in two copies and either send it by registered mail, or hand it to the manager through the secretary with the latter’s signature on two versions of the document. This date will be considered the day of your notice of resignation.

In two weeks, the manager must sign an order for your dismissal. You go to the HR department and there you receive all the documents related to the work, a work book and the final payment, supported by a memo. This amount should include compensation for unused vacation days. The last document you will encounter is the notice of termination of the employment contract.

How to tell your colleagues about your dismissal

If you have tense relationships with your colleagues, then you are not obligated to tell them anything at all. The same applies to circumstances when it is customary for a company to go all out on a departing employee. You need to take care of yourself and your nerves. Politely say goodbye to your former colleagues when the X day comes, and go “to freedom with a clear conscience.”

You can act completely differently if normal or even friendly relations have developed in the team. Then you can tell your colleagues about your resignation a couple of weeks before you leave for good. This will make it easier for them to adapt to the changes, and together you can make your care as painless as possible.

On the day of leaving, you can invite your former colleagues to drink tea and cake right at work. Note the positive aspects of communicating with them: how they helped you, what you learned. This will not make your departure less sad, but it will leave a bright and pleasant impression of it.

What obstacles may you encounter?

Anger from future former colleagues. Colleagues and especially your boss will most likely not be happy about your leaving. Sometimes this results in persecution of the “negligent” employee. It remains to be advised to be morally stable, not to succumb to their provocations and remember that this will end soon.

Legal traps. In order not to pay you half your salary, the manager may try to fire you against his own will. All reasons for this are listed in Article No. 80 of the Labor Code of the Russian Federation. Therefore, during the two-week work period, under no circumstances should you be late, skip work, etc. Remember about commercial secrets. This may include any information about the company's activities. If you signed this commitment, then neither during nor after your dismissal you have the right to tell anything about the internal affairs of the organization.

Delay in payments. Of course, the Labor Code says that you must be paid on the day of your dismissal. If you have not paid, then you must contact the labor inspectorate with a corresponding application. Employers are afraid of inspectors, and it is easier to settle accounts with you than to expose the organization to serious fines.

How to behave in the remaining two weeks

The most important thing is to be decent towards your former employer. It’s already hard for him, because the news about your dismissal forces him to look for a new employee, train him, and puzzle over whether he will fit into the team.

Therefore, try to be loyal and patient. If your boss's nervous breakdowns are kept within the bounds of ethical standards, then it is best to simply tolerate them. You must perform your work duties well, then the employer will have no reason to find fault with you, and you will show yourself as a responsible and decent person. Colleagues also don’t want to do your work for you yet.

It is unknown when and where you will need their help. Don't burn bridges in your old position. How to quit your job without this? Thank your colleagues for the time spent together. You can remember the positive moments. Respond adequately to requests for help during these two weeks, try to be helpful and friendly, and then your former colleagues will be more likely to remember you with kind words.

When to look for a new job

You need to start looking for a job when you have made a firm decision to quit. Or even a little earlier: studying this issue will help you navigate the situation in your professional field. Is there a shortage of personnel there, what is the level of salary and required competence - all this is important to know. It happens that the requirements for an employer are somewhat too high and you should think about lowering them.

If you are sure that you need to find a job by the expected date of dismissal, then there is no way to delay it. Actively explore sites with vacancies, send out your resume, call companies that interest you. HR managers are now accommodating applicants and scheduling interviews outside of working hours. But be careful! A boss who finds out about his employee’s job search can be very angry, so do everything to “open his eyes” yourself and at the right time.

What to live on after dismissal

From each salary, put aside five to ten percent into a “crisis savings fund.” If you adhere to this scheme, then you will not have such a question.

Leave beautifully

Regardless of how much advance notice you give your employer about your departure, you need to make this period easier for the company. Of course, there is a great temptation to sit back all this time, but doing so is simply dishonest! You need to complete the projects in which you took part, put things in order and leave all information about the work (for example, contacts) to the new employee.

The last two weeks at work have nothing to do with vacation. Rather, on the contrary, it looks like summing up and bringing all matters to a completed state. Therefore, behave like an ordinary employee: arrive on time, don’t be lazy, and fulfill your duties conscientiously. The employer pays for these two weeks of your work, so make sure you get a decent return.

If the company accepts a stormy send-off, then do not resist the offer to go with your colleagues to a nearby cafe after work.

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How to quit your job and why is it so important to do it right? Read in the article.

If you had problems finding an available vacancy, if you didn’t know how to quit your job, if you have had difficulty choosing a field of activity, this can only mean one thing: you still have not subscribed to the mailing list of articles from this most useful site.

It was no coincidence that I started talking about topics related to work and career, because today we will touch on one of them.

I believe that everything should be done as well as possible.

It is necessary not only to start activities in a new place correctly, but also to part with the old team and boss without problems or scandal.

Today we will talk about how to quit.

Why is it so important to quit your job the right way?

Bosses, they are like the girls from a stupid but popular song.

There are different bosses: black, white, red.

That is, some were quite lucky with their boss, while others got a true fiend of Hell.

And when you have a chance to escape from this demon (you find a new job), an irresistible desire arises: to tell the bastard boss everything you think about him, and at the same time notify your colleagues about your “fair” regarding their submission to the satrap .

This desire is quite understandable, but try to accumulate all your strength to drive it away.

The husband of one of my friends often repeats the phrase: “You need to leave in such a way that you can always return.”

It seems to me that he is absolutely right, because you never know how your fate will turn, the law of the boomerang has not yet been abolished.

What if things don’t work out for you in your new place?

What if you have to cooperate with the old one?

And you have already burned all your bridges with no hope of rebuilding them.

Besides, try to look at this situation from the other side.

I once witnessed a disgusting picture of the departure of one of my colleagues, who did not know how to quit your job correctly, so I started a most disgusting scandal in the office.

He yelled about what idiots we all are, and what a scumbag our boss is.

It is clear that he seemed to himself to be a fighter against evil in a spotless cloak, but we saw only an ill-mannered loser with a bunch of complexes.

Mistakes of those who do not know how to quit their job correctly

Not all people deliberately try to leave by slamming the door loudly.

For some, this happens naturally because they simply do not know the rules for ideally quitting a job.

The most common mistakes when changing jobs look like this:

The desire to break old ties in one fell swoop and, at the same time, to take revenge on everyone who did you bad or hurt during your work.

And you just need to leave, while saving face.

It is a misconception that you can do without maintaining good relationships with your former boss and colleagues.

What about the fact that you may well meet one of your colleagues at seminars, conferences, or anywhere?

The habit of telling nasty things at a new place of work about your old colleagues, about how much you had to endure while you worked in this branch of Hell.

Particularly talented applicants begin to do this during the interview, and then they are surprised: “How is it possible: they didn’t hire me?!”

Unwillingness to defend one's rights.

There is no need to make a scandal, but it is necessary to talk (namely, talk, and not yell obscenities) about compensation for unused vacation or about the timing of payment of the rest of the salary.

Manipulating a new job offer in order to obtain a salary increase or a management position.

Idiots don't become bosses, so they'll find out in no time and get you into trouble.

Quitting your job without causing problems for yourself or other people is quite simple.

The main thing is to follow these tips:

Tell your boss first that you are about to leave.

Not in secret to half the office, but to your boss.

It’s better to do this in private, and not shouting: “That’s it, you goat, your dominance is over, I’m going to a place where I will be loved and respected!” in front of the entire team.

Remember that you must write a statement two weeks before leaving.

Don't flatter yourself with hopes that you threw in your application and were free in 5 minutes.

A smart boss will be able to drink another bucket of your blood in these two weeks if you don’t resolve the issues with him in an amicable way.

Finish all your work.

Don't leave any tails to the new employee who comes to take your place.

Why do you need curses sent by a newbie trying to clear away your rubble?

Don't indulge your villainous instincts.

Do not handle paper clips, files, paper, or push pins with both hands.

Well, why do you need all this?

To destroy the remnants of self-esteem with the help of unnecessary trash?

Don't be impudent during the mandatory two-week detention period.

There is no need to constantly be late and go home early, demonstrating with your behavior: “I don’t care, I hardly work here anymore.”

Make sure that you, since you are almost unemployed here, are not paid the same wages for the last month.

Leave gracefully, saying kind words to your colleagues and boss.

If this is customary in your office, then you can even set a “departure” (to set the table - this is a transcript for the dull).

Don’t tell everyone how good it will be for you, what prospects await you there.

Hell, worse than the current one, may well await you there, and such stories will irritate your colleagues and superiors.

1. Remember that the results of your activities belong to the old office (unless otherwise specified in the contract), so you should not take these achievements with you.

Leave your work area clean.

Clean out your desk drawers, throw away all unnecessary papers, and take personal items with you.

Leave with a smile on your face and gratitude to the people with whom you worked side by side, and to the boss, thanks to whom you had money for your bread and butter.

Even if there is nothing special to thank for, make an effort.

The tips presented in the video below will also be useful.

Let's look and remember:

If you stick to these simple rules and avoid common mistakes, you will never again feel ashamed of your actions as you did before when you didn't know. how to quit your job.

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How to quit on favorable terms? From the point of view of the labor code, there are two different grounds for termination of an employment contract: at the initiative of the employer and at the initiative of the employee. The difference is obvious - whoever wants to terminate the employment relationship initiates the dismissal. Why, in a situation where the employment relationship does not suit the employer, should the employee still express a desire to terminate it? The very formulation of the question is already suggestive, because the main reason for dismissing an employee is the employer’s desire to get rid of an unwanted employee. It should be noted here that getting rid of formal encroachments on your employment relationship does not allow you to solve the main problem - the employer’s reluctance to continue the employment relationship with you.

If you are asked to write a letter of resignation of your own free will, then, first of all, the employer wants your employment relationship to end. Why, in the employer’s opinion, they should stop at your request will be discussed below.

As a rule, employers are guided by the following considerations.

1. The employer does not have the right to fire an employee on his own initiative simply because “that’s what I want!” The law, namely Art. 81 of the Labor Code of the Russian Federation, contains an exhaustive list of circumstances that give the employer the right to terminate an employment contract with an employee. The circumstances are as follows:

1) liquidation of an organization or termination of activities by an individual entrepreneur;
2) reduction in the number or staff of employees of an organization or individual entrepreneur;
3) the employee’s inadequacy for the position held or the work performed due to insufficient qualifications confirmed by certification results;
4) change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant);
5) repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction;
6) one-time gross violation of labor duties by an employee:
a) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day (shift) );
b) the appearance of an employee at work (at his workplace or on the territory of an organization - employer or facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcohol, narcotic or other toxic intoxication;
c) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties, including disclosure of personal data of another employee;
d) theft (including small) of someone else’s property, embezzlement, intentional destruction or damage at the place of work, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;
e) a violation by an employee of labor protection requirements established by the labor safety commission or the labor safety commissioner, if this violation entailed serious consequences (work accident, breakdown, catastrophe) or knowingly created a real threat of such consequences;
7) commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him by the employer;
8) the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;
9) adoption of an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;
10) one-time gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;
11) the employee submits false documents to the employer when concluding an employment contract;
12) cases provided for in the employment contract with the head of the organization, members of the collegial executive body of the organization;
13) other cases established by this Code and other federal laws.

Thus, if the employer asks you to resign of your own free will, most likely, he does not have legal grounds for terminating the employment relationship. That is why the employer needs your desire in writing.

Dismissal at your own request is one of the fastest and easiest. The employee wrote an application, indicated in it a request to terminate the employment relationship from the date the application was written, the employer agreed, and that’s it - the employment relationship was terminated. Tomorrow this employee will no longer come to work and will not be an eyesore to his disgruntled bosses. In addition, upon dismissal of his own free will, the employee is not entitled to any compensation payments. That is why they are so eager to dismiss “at their own request” when reducing the number or staff, when by law each employee has the right to payment of severance pay and preservation of average earnings for the period of employment.. Do not forget that if you have passed training at the expense of the employer and signed an appropriate agreement with the condition of working for a certain period of time, then upon dismissal of your own free will, the cost of training may be collected from you! As you can see, the employer has an excellent opportunity to save money on such a dismissal.

The legality of dismissal at will is very difficult to challenge in court. The Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” states that if the plaintiff claims that the employer forced him to submit an application for dismissal of his own free will, then this circumstance is subject to verification and the obligation to prove it is assigned per employee. It is extremely difficult to obtain such evidence, especially after dismissal, so you need to prepare the evidence base in advance, but more on that below.
Summarizing the above, we can say that dismissing an employee “at his own request” is the cheapest, most convenient and fastest way for an employer to be guaranteed to part with an unwanted employee.

What to do if you are forced to resign voluntarily?

There seem to be at least three options:

1. If a conversation with an employer has led you to think that your job is really worth changing (that is, you really have a desire to terminate your employment relationship), then you should write a statement and resign of your own free will. The rules are as follows.

In accordance with Art. 80 of the Labor Code of the Russian Federation, an employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

2. If you really value your job and would not like to part with it, then, first of all, you should try to have a constructive conversation with your employer to find out why the employer is so eager to get rid of you, and whether you can do something with your parties to rectify the situation.

2.1 Most often, pregnant women find themselves in this situation (from whom, for some reason, it is customary for employers to get rid of them). What can you offer the employer in such a situation?

If the employer is illiterate, he may believe that a pregnant woman, and subsequently a woman having a child, will place an additional financial burden on the organization. This is not so, since all benefits for insured women (you are insured if the employer pays the unified social tax from your salary, or rather from the wage fund, which includes your salary) are paid from the Social Insurance Fund.

Also, the following motives can motivate an employer:

- he doesn’t want to look for a replacement for you,
- there are difficulties in finding an employee of your level (if you are such an irreplaceable specialist, then getting rid of you makes no sense at all, which should be hinted to the employer),
- It is difficult to train existing employees.

What solution to these problems can you offer the employer?

a) The employer has the right to hire another employee during your maternity leave and child care leave, concluding a fixed-term employment contract with him to replace the temporarily absent employee. So that the employer does not subsequently have difficulties with his dismissal, the term of the contract should be stipulated, for example, “for the period that Ivanova T.M. on maternity leave."

b) Your responsibilities can be distributed among other employees with their written consent, with the establishment of appropriate additional payments for them for performing the duties of a temporarily absent employee (the employer has free funds in the form of your salary and this can be used to establish additional payments). The possibility of such distribution is provided for in Art. 60_2 of the Labor Code of the Russian Federation, according to which, in order to fulfill the duties of a temporarily absent employee without release from work specified in the employment contract, the employee, with his consent, may be assigned additional work, either in a different or in the same profession (position). The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.

What can you offer the employer on your part? Help select a replacement and bring her up to date before you go on maternity leave, and also, perhaps, promise to supervise her remotely (via telephone or the Internet, if your work allows it) until the birth, or until you return to work. If the employer chooses the option of assigning additional responsibilities to existing employees, then you can help them get up to speed, leave them the most detailed instructions, your phone numbers, or provide another opportunity to contact you to resolve current issues. In general, you have the right to continue working without going on maternity leave at all before giving birth, or to work from home, or to work part-time. As you can see, there are many options, you just need to find the one that will satisfy both you and your employer.

A trade union, if there is one, can be a good mediator in finding a compromise with the employer, so be sure to contact them there too.
If, despite all the efforts made, it was not possible to come to an agreement with the employer, then further actions depend on whether you are ready for open confrontation or not.

2.2. If you do not have the strength to resist the employer, then you should write a letter of resignation of your own free will, having previously prepared for reinstatement at work through the courts. To do this, you should stock up on evidence of the “forcedness” of your “voluntary” dismissal. The easiest way is to record your conversation with your employer. It is important that the voice recorder records threats or other pressure on you from the employer. You can provoke the employer into a conversation in the presence of colleagues or other persons who will subsequently be able to testify in court (you should not rely too much on colleagues, since it is rare that an employee will agree to testify against his employer). Once you have received the evidence, you can write a statement.

Attention! A hint about the types of liability for late payment of wages.

Our experience shows that this course of action will most likely not solve your problem. There is a small chance that the employer will understand that it is better not to contact you and will leave you alone. However, the most likely scenario is repeated dismissals, continued pressure and other illegal actions.
What happens next depends on your persistence: how many times you are ready to be reinstated at work through the courts (keep in mind that the actual time frame for considering cases of reinstatement at work ranges from six months to a year).

2.3 If open confrontation does not frighten you, then be prepared for the fact that, having lost the opportunity to get rid of the employee without any hassle, the employer will look for other options. As a rule, all “creative ideas” of employers can be divided into two categories:

- those who pursue as their goal, to create in you a desire to resign of your own free will;
- those that give the employer the right to terminate your employment relationship for other reasons. Since all other grounds require the presence of objective circumstances (and we have already said that since the employer needed your application, he has no other legal grounds to fire you), these circumstances will be “artificially created”. The only advice that can be given in this situation is not to give the employer grounds for dismissal.

3. Quit, but on favorable terms.

Since, as stated above, the employer’s interest is not only in getting rid of you as an employee, but also in doing this as quickly, simply and without conflict, it is possible to bargain for providing the employer with such resource savings. What can you ask in exchange for your consent to resign? The law does not limit you in anything; the specific result depends only on your ability to negotiate. For example, you can condition your voluntary dismissal:

— payment of severance pay (the amount is arbitrary);
— providing written positive recommendations for subsequent employers;
— providing a certain time to search for a new job;
— provision of unused annual leave with subsequent dismissal;
- and so on.

You should not trust oral agreements with the employer, so in this case you should seek dismissal by agreement of the parties. The Labor Code of the Russian Federation very briefly regulates this type of dismissal, which gives you the opportunity to include in the dismissal agreement any conditions that you agree on with the employer. If the employer refuses to terminate the employment relationship with you by agreement of the parties, at least do not ask in your resignation letter to terminate the relationship with you before the expiration of the two-week notice of dismissal. In this case, you will give the employer two weeks to fulfill the agreed conditions (or provide you with guarantees of their fulfillment), but if after two weeks the employer does not fulfill the agreement, you will be able to withdraw your application, which will deprive the employer of the legal basis to fire you.