How to leave a good job. How to correctly and legally quit your job at your own request? What to do when your resignation letter is not accepted

How to quit on favorable terms? From the point of view of the labor code, there are two different bases 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 at 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 dismiss the employee for own initiative simply because “that’s how I want it!” 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 the relationship with the employee employment contract. 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 the organization’s employees, 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 work duties without good reason, if he has disciplinary action;
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) committing at the place of work theft (including small) of someone else’s property, embezzlement, intentional destruction or damage, 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) commission by an employee performing educational functions, 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 your employer asks you to resign voluntarily, there are likely legal grounds for termination labor relations he is missing. 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. In 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 Labor Code RF” states that if the plaintiff claims that the employer forced him to submit a resignation letter of his own free will, then this circumstance is subject to verification and the responsibility to prove it rests with the 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 dismissal of an employee “at his own request” is the cheapest, most convenient and quick way the employer is 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 about this writing no later than two weeks, unless another 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 an employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in educational institution, retirement and other cases), as well as in cases of established violation by the employer 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 give the employee work book, other documents related to the work, upon the written application of the employee and make a final settlement with 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 extra work, its content and scope 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 and leave them with as much work as possible. detailed instructions, your telephone 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 can subsequently give witness's testimonies in a court hearing (you shouldn’t rely too much on your colleagues, since it’s 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.

Current experience shows that this option 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 followed by 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 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.

“Don't quit your job before you find a new one,” we've heard this mantra a million times. Are you tired? Are you sick? Do you need a break? These are all excuses, he whispers inner voice(which sounds suspiciously like the voice of a colleague, friend, or one of the young people at the next table whose conversation you accidentally overheard). If you leave now, you will lose. Don't quit your job. Don't make a mistake.

What can you answer to this voice? At a minimum, this is this: the option that seems safe to us is not always the most reasonable. When under extreme stress, we switch to survival mode. And in this mode, we are not inclined to think soberly and thoroughly. We are afraid of risk. We think about only one thing: relax and forget.

In addition, in such a state, the chances of finding something better tend to zero. Trying to break out of one captivity, we easily fall into another if we cannot adequately weigh all the pros and cons. It happens that a person simply does not have the strength to fight for Better conditions. He is exhausted, his fighting spirit has disappeared - only a sluggish, lifeless body remains. Can you hope to impress the next personnel officer in such a state?

Before deciding whether to stay in a stressful or unpleasant job, take stock of your situation. Perhaps you just need a break to recover. Here are some points worth taking a closer look at.

You don't feel safe

Your safety comes first. If you don't feel safe at work, you should quit, even if your finances aren't in good shape. better position. Some workplaces can be real places of increased danger - such as disadvantaged areas of the city, zones of radioactive contamination and military operations.

If you are being harassed or threatened at work, tell management. If you remain silent, no one will defend you. If attempts to defend your rights lead nowhere or after a “lull” the pressure on you resumes with new strength- leave boldly and as soon as possible.

Work is taking a toll on your health.

Remember: your health is always more important. The word “stability,” so beloved by many, acts like a slow poison. We become passive, not ready for action - even when our previous life brings only suffering. Is your job killing you - physically or in any other sense? Then you should quit as soon as possible, while you still have some strength left. In some places people work in fear all the time. How can you go to an interview in such a state and expect to be appreciated?

You feel unsure of yourself

Over time, the hatred of work can become so strong that in search of salvation you will be ready to clutch at any straw.

It could be a simple “hack job”, work under the wing of a friend, the advantages of which boil down to the fact that it brings in a little money and allows you to escape from the hell of your former life. But often such respites drag on, and your determination to look for your dream job quietly evaporates.

You need a break

“I was fed up with my job,” says Alexander, “But I was simply not ready to take on a new one right away. I didn't have enough time and inner space to understand what I wanted. I was in a terrible state. I had to leave before I could think about anything else."

Alexander quit, despite the fact that his colleagues considered his action to be madness. But he himself admits that he felt relief: “My blood pressure probably dropped by half the minute I left the building.” He decided to take a three-week internship at a new company and got the job a week after graduating.

“This job was completely unrelated to my previous career, I was paid less, but so what? - says Alexander. - I work, I help people. Now I see meaning in what I do. And I can calmly plan my next steps.”

You don't have time for yourself

“I’ve never quit a job without knowing where to go,” says Barbara. - But now I had to do it. My previous job consumed all my energy. While I was there, I couldn't imagine my life outside the office. I felt stuck and couldn't move. Now I can concentrate and understand what I really want.”

If, returning from work, you feel completely overwhelmed and squeezed like a lemon, you will simply not be able to search new job. It may end up being just as unsatisfying in your new job. Listen to your body - it won't deceive you.

If you need to quit your job first just to look at yourself in the mirror and figure out who you are and what you want, do it without delay!

About the expert

Liz Ryan- founder of the consulting company Human Workspace.

A person who happily goes to work in the morning and goes home in the evening can be considered happy. When morning journey getting to the place becomes a burden, you need to think about changing the route. It’s good if the old employer agrees to part ways amicably and in good faith. as soon as possible. It’s worse when you have to start a new job tomorrow, and your previous boss demands that you work the allotted time. In such a situation, you can try to find arguments and convince management to formalize dismissal without work.

Why is work needed?

The process of parting with an employer can be very painful, even if it was not preceded by an industrial conflict. Most often, the problem lies in the need to notify the employer within three days or two weeks, depending on the terms of the employment contract. And if the matter concerns the dismissal of the manager himself, then the working period will be at least a month.

Workers, traditionally, perceive the need to stay at the enterprise as a whim of their superiors and a desire to annoy the person leaving. In fact, during this period both management and the specialist himself must do a large amount of very important work:

• prepare cases for transfer;
• complete started projects or at least part of them;
• the employer will be able to navigate the labor market and select a specialist;
• For some categories of people resigning, in the days remaining before dismissal, an audit of the work they perform should be conducted (chief accountants, managers, financially responsible employees).

Sometimes the employer demands to issue a so-called bypass sheet, or “slider”, motivating the delay in the calculation for this reason. From the point of view of the law, an attempt to retain an employee in this way for more than 14 days is a direct violation of the employee’s rights and the norms of the Labor Code of the Russian Federation.

Assess the importance of reasons for quick dismissal, other than those directly listed in Art. 80 of the Labor Code, the employer has the right. If the circumstances are assessed incorrectly by him, protection can be sought in court.

Who has the right to quit without working?

The obligation of a specialist to warn his management about his intention to leave his position and the team is detailed immediately in several articles of the Labor Code of the Russian Federation:

Whatever the warning period is prescribed in the code, there is also a list of reasons for dismissal without service and those who have the right to do so. The trouble is that the list of reasons for dismissal without work is not at all exceptional. In Article 80 of the Labor Code, the legislator listed only some of the circumstances and conditions for the inability to remain at work, so to speak, for example:

• admission to study, and the status of the institution and the form of study are not indicated, which means that the employer is obliged to release the employee to receive education at any institution (subject to the provision of an official certificate from there);
• retirement, either due to age or early;
• violation of the rights of an employee committed through the fault of the employer, as in financial matters, and in relation to labor protection;
• other reasons.

To all employees who indicated one of the listed events in the application for dismissal without working off, the employer is obliged to hand over the order, labor and payroll on the day the document is submitted or another date desired by the workers.

Dismissal of one's own free will without work

The clause “other cases” in Article 80 of the Labor Code causes lively discussion and differences of opinion. It is this formulation that implies that the validity of the circumstances and the need to urgently leave work in connection with their occurrence must be argued by the employee, and the employer must give an objective assessment.

Possible cases

Judicial practice has identified several common cases when it is still better for an employer to accommodate a specialist who intends to leave and agree to his dismissal of his own free will without work:

• pregnancy;
• relocation or transfer of a spouse to another area;
• health problems that interfere with effective work;
• parents with many children, in whose family there are at least three children under 14 years of age;
• employees who have close relatives with disabilities and require care for them;
• conscription into the army, including the conclusion of a contract.

Indication in the application of a valid reason allowing you to leave without working time will require documentary evidence.

Step-by-step instruction

In order for the separation process to go without a hitch, you need to follow a simple procedure:

1. Inform the authorized person in writing of your desire to resign and describe the current situation. This must be done in the application form ().
2. Attach copies of available documents to the application. Even if there are none now, but the reason is really out of the ordinary, it is better to try to stock up on them in case of a future inspection or trial.
3. Submit the application to the employer. This is the most difficult point, since it may encounter resistance from superiors. If neither the manager, nor the secretary, nor the personnel officer wants to put their signature on receipt on the second copy, you should immediately go to the post office or telegraph office.
4. If you managed to hand over the documents to your boss personally, then it is advisable to immediately receive his visa on your copy. In a situation with mailing, the day of dismissal will shift to the date the employer actually receives the letter.
5. If the specified reason is from the list directly listed in Art. 80 of the Labor Code, then having received a copy of the visa, the employee may not go to work the very next day. Consent to dismissal at your own request without work will not be required from your superiors.
6. In all other cases, a bold decision to absenteeism will require protection through the state labor inspectorate, the prosecutor's office or the court.
7. It may happen that the employee will be able to convince the boss of the need for urgent payment, then further actions will not differ from those that must be carried out in case of any dismissal under Art. 80 TK. The employer will be required to issue an order, employment, and personal card on the same day. Calculate and issue wages and compensation to the employee. Return the work report to him and give all the copies and certificates he requested.

Success in registering voluntary dismissal without work can be facilitated by the fact that almost all of the listed categories of employees have, according to the Labor Code of the Russian Federation additional guarantees regarding working conditions, remuneration, ensuring optimal conditions for them, maintaining a job and providing extraordinary leaves. Most often, the desire to avoid the sad prospect of depending on the needs of “special” employees prompts management to sign a letter of resignation. The personal desire to quit received from this category of employees is perceived, rather, as a successful release from problems.

Dismissal without service at the initiative of the employer

The desire to reduce the time spent at an enterprise that has become non-family may come across somewhat unexpected Labor Code norms for the employee, in which dismissal of one’s own free will without working off can abruptly turn into an initiative of the employer. And then the article in the labor report may change from the acceptable 80th to the unpleasant 81st. The employer will not require work, but the order will indicate unflattering grounds for separation. Thus, they will not detain an employee at the enterprise who, during the warning period:

• skipped work;
• having already received a penalty, he committed another offense;
• during the warning period committed a gross violation of discipline or failure to fulfill duties;
• allowed himself to drink alcohol at work;
• committed acts that caused damage to the enterprise, for which there are relevant documents (theft, intentional damage, disclosure of information, etc.);
• committed more rare offenses specified in Article 81 of the Labor Code, except for cases requiring notification of the employee, as in the case of reduction or dismissal of a part-time worker.

The justifiability of the circumstances for dismissal without service does not give the right to neglect one’s duties. Committing gross disciplinary offenses in the last working days will allow the employer to formalize dismissal under Art. 81 TK.

Ways to quit without working

However, one should not assume that in 2019, dismissal without service is the prerogative of only certain categories of employees or is possible in exceptional circumstances. There are several ways to achieve your goal without completely falling out with your boss.

Reach an agreement

The most common compromise method is considered to be the method in which the employer and employee find a “golden mean” and agree on the terms of dismissal. A resigning employee can, for example, offer the manager a worthy replacement for the vacant position, thus saving him from the need to look for candidates himself.

You can offer the boss the option of simultaneous dismissal from the main position and a part-time appointment for the period necessary to complete the transfer of affairs or prepare the project. The employee will be able to perform his duties in free time. If for the employer it is not important to be present at the workplace from 8 am to 5 pm, but the result is important, then such a plan is quite acceptable.

Vacation instead of work

Under favorable circumstances, a vacation schedule can help the employee. If the start of vacation is expected in the coming days or the employer is ready to provide it out of turn, simply at the request of the employee, then you can use a legal trick. Take a vacation for 14 days or more, and write a settlement paper on the first day. In this case, the request for leave will become a kind of replacement for an application for dismissal without working for two weeks. Many employers are skeptical about such antics, but they will no longer be able to prevent the employee. The fact is that they do not have the right to recall from vacation, Art. 125 TK. And the bosses are also limited in their tools not to let them go on a scheduled vacation, Art. 124 TK.

In order not to play “cat and mouse” with your bosses, you can go all-in and ask for leave with subsequent payment. This right is given by the TC. But she also says that in order to avoid working off and replacing it with vacation, prerequisite will be the employer's consent. Without his desire, it is almost impossible to implement such an option. If an employee is in a hurry to leave because he is ready to move to another company, then the new employer needs to be informed that he is still on vacation at his old place. The fact is that the law does not provide for a person to have two main jobs at once. This means that an employee who has not been officially fired can only be hired on a part-time basis.

The employee will have the opportunity to replace working time with vacation days only with the consent of the employer, Art. 127 TK.

Sick leave

Talking about illness as a way to reduce working time is a little incorrect, since ordinary life the illness does not come according to schedule. But, since ill health has struck at such an opportune moment, you need to remember that the employer does not have the right to extend the period of work due to incapacity. But he will be obliged to dismiss the employee on the date specified by him, since the restriction exists only for calculations under Article 81 of the Labor Code of the Russian Federation. In addition, the employee is guaranteed to receive all compensation payments and social benefits for sickness in addition.

Violation by superiors

Unfortunately, management often neglects the rights of employees and is negligent in their responsibilities to ensure the safety of their workplaces, as well as skimping on material and technical equipment. Each of such manifestations can be punished by law. Theoretically, a violation proven and recorded in the inspection report by the regulatory authorities gives the employee the right not to notify about leaving and not to work the required days. In practice, it turns out that it takes too much time to contact the labor inspectorate, prosecutor's office or court. Therefore, a person prefers to find more effective method or reason.

The employer does not agree - we go to court

If none of the papers provided by the employee and the dramatic circumstances described in the application convinced the management that the employee was forced to resign due to further physiological or territorial inability to perform his functions, the court can assess the credibility and importance of the arguments. This is where all employees who are confident that they are right are advised to go.

The absurdity of the situation is that, given the obvious slowness of the courts, the period for consideration of the case will be much longer than two weeks or even a month. Until there is a decision (that has entered into force and gone through the entire appeal process), a specialist has no right to willfully refuse to go to work. In the event of a conflict with the employer, failure to show up may serve as a reason to file for dismissal under Art. 81 Labor Code, with all the ensuing “gifts” in labor. Only a pregnant woman can allow herself not to be afraid of such a turn of events.

Going to court for the truth can be regarded as a rational act in a situation where an employee wants not only to prove his right to dismissal without work, but also to get the employer punished for everything that has happened to the departing employee. Negative consequences. It is no secret that, due to the need to stay with the previous employer, a person may not be able to get hired at a new place, expensive tickets may go to waste, or the need for additional expenses will arise (for example, for a nurse for a sick person).

In this case, there is also a risk for the employer. If the employee proved in court that the reason for the application was valid and he had the right to leave on the day of the application, then dismissal for absenteeism will be considered illegal. And this is fraught with the obligation to reinstate the employee, pay average earnings for forced absence, as well as compensation for financial losses and moral damage.

Achieving the truth in court is not the most difficult task. But when deciding to contact Themis, it is worth assessing its future effectiveness. With a sound approach, the employee is most often inclined to think that it is more rational to reach an agreement with the boss.

Application for dismissal without work

In the same Article 80 of the Labor Code there is a clause that the employer can waive his right and not require work. To do this, you can sign an agreement with the employee and dismiss him under clause 1 of Art. 77 Labor Code the day after writing an application for dismissal without service.

If you cannot wait for consent from your superiors, then you need to justify your demand and correctly state the reason for such an urgent departure in the application. You can take the standard form for dismissal on your own initiative as a sample. But it is absolutely necessary to write in the text that the request to dismiss by the date of writing the application is dictated by urgent circumstances and supported by relevant documents. Without such a clause, the employer will legitimately expect to meet with the employee every day for the next 14 days.

An employee who wants to quit quickly and not work the remaining two weeks does not always have “iron” arguments in favor of his position. But before you look for ways to deceive or push your employer to the wall, you should try to come to an agreement with him on a humane basis. After all, the law does not prohibit him from considering even such a reason for urgent dismissal as the addition of a pet as valid. In any case, an agreement between the parties is always preferable to any confrontation, even if the employee has the upper hand in this confrontation.

Lawyer at the Legal Defense Board. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

Employees usually start thinking about changing jobs when their salaries are low or there is no career growth. But it is not the only reasons to change priorities. With the help of experts, we identified 10 signs indicating that it is time to change something in life.

Sign #1: Always a hard Monday

If you wake up every day with the thought that you don’t want to go to work, are looking for another reason not to go to the office, or are systematically late, then you should think about whether you need to force yourself to do something that is so unpleasant for you. Evaluate subjective (your personal attitude) and objective factors (the atmosphere in the team, with management, salary, distance of the company from home), and only then make a decision about dismissal.

When you “adjust” the clock hands with your eyes and are at a “low start” already an hour before the end of the working day, then it’s time to do something more interesting.

Inna Igolkina, CEO training company Timesaver: “If the thought of work makes you feel bad, it means something is wrong with you and your work. There is such a thing as “psychological burnout.” Even the most beloved job can become “hard labor” over time. For example, a teacher starts yelling at students, a doctor hates patients, a driver gets annoyed by pedestrians and passengers, etc.”

Sign #2: Feelings of worthlessness

Those who do not see the meaning in their work, do not believe that they are useful, but count the days from salary to advance payment and dream of vacation, are unlikely to feel comfortable in the company. If the position pays well and you have taken out a mortgage, then it may be worth postponing your dismissal. But lack of motivation and understanding of one's own importance - sure signs that the time has come to look for another way to make money.

Tehkhi Polonskaya, general director of the Brusnika marketing agency: “How do you understand that your relationship with work has exhausted itself, and it’s time to think about a separate future? You will feel it by the lack of interest. Everything that inspired you, everything that you liked, tasks that seemed interesting - all this will begin to cause boredom and melancholy. Even salary and additional bonuses will no longer seem so tempting.”

Sign #3: You all piss me off!

Increased irritability during the working day, constant breakdowns empty space, gossip, conflicts with colleagues - all this disrupts the psychological balance and forces one to refuse cooperation with the employer. A person can get turned on by little things: one left a mug on the table in the common kitchen, another uses too sugary eau de toilette, and the third one constantly sniffles. If you increasingly notice this happening to you, it’s time to take a time out. It’s time to think about changing your activity, and if you are categorically dissatisfied with the order and rules in the company, you are not ready to put up with them.

Sign #4: Turtle Shell

Constant isolation of yourself from the team, refusal to contact even those employees with whom you see more than once a day, indifference, formal communication at the “hello-goodbye” level, reluctance to attend corporate holidays and events - all this indicates that You shouldn't take this job. Find something interesting for yourself, where you will be comfortable in any environment, and the people around you will be sympathetic.

Elena Lyzlova, obstetrician-gynecologist, Perm State Medical University named after. Sechenov: “The result of misunderstanding with superiors, fear of making a mistake, being called out on the carpet or humiliation in front of colleagues at a meeting is emotional overstrain, nervous exhaustion, and depression. A person retreats into a “turtle shell,” hides, withdraws when danger approaches.”

Sign #5: Intellectual deadlock

New knowledge and the opportunity to develop make the work richer, and bring satisfaction and a lot of impressions to the person. If you haven’t been sent to training for a long time, the company is not engaged in developing the potential of employees, but weekdays similar as two peas in a pod, then think about whether it’s worth wasting your time here. Try to find the reason for boredom and monotony. Perhaps talking to your superiors will lead to another position where you will have to train to be effective.

Sign #6: Too easy

The feeling that the duties you perform are too simple, you cope with them quickly and easily, and the rest of the time you try to occupy yourself with something - a “symptom” of the need for change. If you feel that you have outgrown yourself as a specialist, and your bosses are in no hurry to promote you, this is a sign that it’s time to stop going to work, find another one, or start your own business.

Elena Lyzlova: “A person adapts to new working conditions, company and position in three months. At the beginning of the career path, integration into the work process occurs. After this period, labor productivity first increases, and the time allocated for work becomes nothing to fill. It becomes too easy to work, and efficiency decreases.”

Sign #7: No career growth

Lack of promotion career ladder For some employees it becomes a blow to their pride, others are forced to complain about low salaries and count money in someone else’s pocket, and others are completely driven into a corner as professionals in their field. Before writing a resignation letter, it will be useful to evaluate at least a couple of factors. Look at who in the company is getting promoted, whether there are opportunities for career growth in the organization, or whether employees move from position to position, but within the line personnel.

Ksenia Mamonova, freelance copywriter: “Work not only to earn money, but also for successful growth. My previous job did not involve career growth. And I was not warned about this during the hiring process. When I found out about this, I got the impression that something was always left out to me. Then a constant increase in duties began, for which there were no corresponding additional payments. This state of affairs became very annoying, constant stress appeared. At the same time, the work was monotonous, paper-based and constantly growing in quantity and degree of responsibility. It turned out that I was like a robot: I did a lot of work, but professional development and no increase in wages.”

Sign #8: Not the same as before

Look at your old photos and at your reflection in the mirror. Have you noticed that your appearance has changed, and not in better side: paleness, bags or dark circles under the eyes, stretched skin, excess weight or lack of it, dull hair, brittle nails. If you look worse, then the chosen job is not suitable for you.

Sign #9: Irresponsibility

No fear of punishment, reprimand, deprivation of bonuses, violation labor discipline, tardiness and absenteeism indicate that you are not holding on to your job workplace. At the same time, you don’t even think that your actions (or inaction) can let your colleagues down and slow down the work process. Don't care attitude to responsibilities is a sure sign that it’s time to look for someone else or open your own business, where you yourself will set the rules.

Tehkhi Polonskaya: “A tired mind will invite you to be distracted by something, preventing you from concentrating. Naturally, at this moment productivity begins to decline. Colleagues, clients and managers notice this, which causes a negative reaction and takes away last strength. In the future, if these symptoms go unchecked, there is a chance that you will start getting sick every now and then. Constant migraines, neuroses, unexpected falls on ice are not coincidences. You’re burned out, and your body is trying to give you some kind of respite.”

Sign #10: Ready to move

You feel that you are ready to hit the road - you have found something you like and want to make it profitable business. You already have a whole bunch of ideas about this. If you feel ready to launch own project, spend enough effort, time, money on it, then this is a sure sign that you don’t need to go to work, which now occupies an important place in your life.

Inna Igolkina: “If you don’t want to work for hire and want to do your own thing, that’s great. It is important that this new activity does not take up too much of your time and brings in adequate income. Unfortunately, people are often not ready to take responsibility for their own own life. Nowadays there are a lot of jobs that can be done remotely and still earn decent money. You can master them and start earning extra money in your free time. If you are convinced that you are doing well and that you are able to earn enough to support yourself, then you can start thinking about leaving the office for good and working for yourself. Otherwise, a situation may occur when you go “nowhere,” and this only makes things worse.

If you feel like you're missing something, start by own business(start-up capital, knowledge, etc.) - think about where you can get it. You can find co-founders, partners, or a way to start from scratch (in some areas this is possible). Sometimes fears serve a positive purpose - they protect us from possible problems, which we are not yet able to cope with. Therefore, you should not treat own fears as something clearly bad. You need to soberly weigh all the pros and cons and then make a decision - stay at your current job, find a new one, or start your own business.”

It may come as a surprise to management and cause a not entirely friendly reaction. An indispensable assistant in this case will be knowledge and application of your legal rights in practice.

If you show how competent you are in this matter and are ready to defend your rights, then the manager is unlikely to want to complicate your life.

Dismissal scheme and employee rights

For those on probationary period or seasonal work - three days, for managers - a month. This means that you may be required by law to carry out your duties during this time after you have submitted your resignation. You can leave your job immediately if your employer is okay with it. In addition, you can go on a planned vacation or take sick leave during this time.

In what cases should you wait to quit?

If you have not yet managed to find a new job. A future employer will certainly ask what caused the break in your career. The shorter it is, the better for your reputation.

If you studied at the expense of the organization. In case of early payment, penalties in the amount of tuition fees may apply.

If the company plans to downsize. Dismissal due to reduction is more profitable, since it provides for the payment of severance pay.

How to quit your job correctly

What you need to know about your resignation letter

Transfer of a wife or husband to work in another area,

Caring for a close relative

Election to a competitive position.

How to protect your rights upon dismissal

In order to confirm the fact and date of writing the resignation letter:

Make a copy of the application, having it certified by the HR department,

Send your application by certified mail with acknowledgment of receipt,

Send the application by telegram, having your signature certified by the signalman.

The fact that, by law, you can demand financial compensation if your salary is delayed or your work book is not returned will help you to cheer up.

Labor disputes: what you need to know when going to court

What documents do you receive upon dismissal?

A work book with a formal notice of dismissal made in it,

A certificate of the total salary for the last three years,