It would seem that it could be faster and easier than quitting at will? You submit an application, work for two weeks, receive a paycheck and - “free with a clear conscience”!

Nothing like this. And not everything is clear about working out. And the employer does not always pay on time and correctly. And most importantly, the desire is not necessarily your own...

But first things first.

Dismissal at own request - 2013

Termination procedure labor relations for this reason, it is now somewhat different from the similar procedure in force before February 1, 2002. Article 80 of the Labor Code Russian Federation in its main provisions it is quite similar to Article 31 of the 1971 Labor Code of the Russian Federation.

The main difference is that, according to the Labor Code, such dismissal could only occur for a valid reason such as illness, disability, or if the employer violated labor laws or the terms of the contract.

According to the Labor Code, the basis for dismissal at the employee’s own request does not matter. He can terminate the contract at any time. Both urgent and concluded for an indefinite period.

This is the most commonly used method of terminating a contract.

The procedure for dismissal at will

Termination procedure employment contract at one’s own request consists of several stages: the employee’s decision to resign, his written application, work, an order from the administration, the final payment.

Reasons for voluntary dismissal

An employee's decision to quit can be due to a variety of reasons. There was a vacancy for workplace, more suitable in terms of salary, prestige, compliance with the education received or previous work experience, in a more convenient area (let's say, closer to home). I am not happy with the psychological atmosphere in the team.

You are about to move to another region. This is how family circumstances have developed: perhaps there is no one to look after a newborn child or a first-grader grandson. My health does not allow it. A person thinks it's time to retire.

These are options for conflict-free dismissal at your own request.

From the point of view of the law, it does not matter why the applicant wants to terminate the employment contract. The only thing that matters is the voluntariness of the decision made.

If it is forced, if the employee is put in a situation where he cannot help but resign, we are talking about conflict dismissal at his own request. You can and should go to court. The process is not always futile. Lawyers give an example where a part-time student was not signed an application to go on study leave. The employee was forced to resign so as not to interrupt his studies, and by a court decision he was reinstated at work.

Resolution No. 2 of the plenum of the Supreme Court of the Russian Federation dated March 17, 2004 (clause 22, subparagraph “a”) places the responsibility on the court to verify allegations of coercion to file an application for termination of an employment contract at one’s own request. But the employee himself must prove coercion.

A new form and instructions describing how to correctly fill out a sample sick leave certificate by an employer?:

Collecting such evidence is not easy. We need documents (which are often hidden by the administration) and testimony from the remaining employees in the team (who want to remain there further). But, we repeat, there are precedents for reinstatement.

It can be useful to record a conversation with the director on a voice recorder in which threats were made. The chances of winning are also increased by the testimony of retired colleagues who have nothing to lose.

Another thing is that it is almost impossible to continue working if the relationship with the employer is damaged. Usually, the employee still submits a letter of resignation, being satisfied with the monetary compensation ordered by the court for unpaid wages and moral damages during the period from the moment of dismissal to the time of restoration (the process usually lasts six months to a year).

A situation of lockout or selective staff reduction is quite common, when an enterprise or organization close to bankruptcy tries to improve its financial affairs in this way.

So as not to spend money severance pay, solid compensation payments and an average salary for the period of employment, employees are forced to submit resignation letters on their own initiative. And in fact, those being fired obediently do this. But in vain! The judicial outcome of such cases is quite predictable and favorable for those affected by the administration’s actions.

There are frequent cases of pregnant women being fired at their own request, which is disguised as a banal getting rid of an “unpromising” employee who will drop out of the team for a long time, and then will often go on sick leave for a long time.

Such claims, of course, are win-win, but few expectant mothers, fearing for their health and that of their baby, decide to file one.

So it turns out that, having labor legislation that more or less protects the employee, we are absolutely powerless and helpless.

A separate topic for discussion is the early dismissal of military personnel at their own request. Military legal relations are regulated not by civil jurisprudence, but by the Law on Military Duty.

He requires the contract soldier to indicate a valid reason why he cannot perform further service.

The serviceman submits a report to the immediate commander, who sends it to the certification commission. Its findings may be positive if the commission recognizes the grounds for dismissal as sufficient. The final decision is made by the unit commander.

There are no clear criteria for defining the concept of valid reasons; their list is not fixed by law. Practice shows that what is most often cited is the lack of money in the family budget, the lack of opportunity to serve in accordance with the received higher education, the need to care for seriously ill or minor family members.

The difficulty of a serviceman’s position lies in the fact that he must be very convincing in order to prove the uneasy necessity of his intention to three authorities at once: the commission, the commander, and the court.

Dismissal at will: sample application

The procedure for voluntary dismissal begins with a notification of the intention to terminate the employment relationship, that is, with the submission of a written application.

It is written in the name general director enterprises or institutions in any form. But it must have indicated the last name, first name, patronymic, position, and signature of the employee; the wording regarding voluntary dismissal is clearly expressed; the dates of writing the document and the expected dismissal are indicated.

The administration has the right to terminate the employment relationship at the initiative of the employee only if all these requirements are met. The statement should look like this:

To the Director of Osnova LLC
Savelyev G.N.

Statement

Terms of termination of an employment contract at the initiative of the employee

The Labor Code requires that the employer be notified at least two weeks before dismissal. This date must be indicated in the application.

It should not contain the preposition “s” (“since May 23, 2013”). Otherwise, there will be confusion over time. The countdown begins on the day following the submission of the application, and the date of dismissal is considered the last working day.

When neither the employee nor the employer has any objections, it is possible to terminate the contract for a shorter period, and without working out at all. But the decisive vote here belongs to the administration.

If an agreement is reached verbally, it is better to formalize it in writing. However, an employer visa on the corner of your application with exact date dismissal without work.

An employee has the right to demand immediate dismissal if the director has clearly violated labor laws or conditions labor agreement.

Otherwise, Article 80 vaguely stipulates “the impossibility of continuing his work” and names only enrollment in an educational institution, retirement “and other cases” as examples.

A later ruling by the Supreme Court added the addition of sending the husband or wife to a new duty station or to work abroad.

Lawyers are perplexed. Are we talking only about full-time studies or about evening and correspondence studies too? Why is it said specifically about enrollment if classes start much later? Is it a one-time right for an employee who has just reached retirement age to quit without working, or do pensioners who continue to work also have it?

And most importantly, the three listed cases do not occur suddenly; the employer can be warned about them in time. What is the reason for choosing them to illustrate the need to quit quickly?

Working periods other than two weeks are provided for by labor legislation, also for those who have not yet completed probation(three days); for company managers (one month); for those employed under a fixed-term employment contract - up to two months - and seasonal workers (three days).

If the employer does not accept applications

A boss who is sharply opposed to a subordinate may refuse to accept his application. What should I do?

Send a document by letter or even telegram. When calculating the expected date of dismissal, it is important to take into account the slowness of the mail. Even within the same city, letters can take three days to arrive. Telegrams, however, are somewhat faster: they are delivered today, or in the worst case, tomorrow.

It is better to use the services of registered correspondence or with notification. In case of any claims, you will have documentary evidence that the addressee received the message.

The employee may change his mind

An employee has the right to consider himself dismissed when two weeks have passed after receiving the application and the date of the desired termination of the employment relationship has arrived, even if it does not happen documentation dismissal at your own request. The same thing will happen if this date is not included in the application.

At any time before the deadline, if agreed upon, the employee can change his mind, withdraw the application and continue to perform his job duties. The administration has the right to prevent this only if another employee is officially registered in his place.

Application for cancellation of application

In addition, to be on the safe side, an employee who changes his mind has the right to withdraw his application within a two-week period between the employer’s warning and the issuance of the dismissal order. Also with the help of a written statement, so that in the event of claims, even a lawsuit, you have documentary evidence of the revocation of the first one.

The application form is as follows:

To the Director of Osnova LLC
Savelyev G.N.

Statement

In accordance with Part 4 of Article 80 of the Labor Code of the Russian Federation, I withdraw my application for voluntary dismissal dated June 6, 2013.

Dismissal at will: order

The next step in the procedure for dismissing an employee at his own request will be to sign the order issued by the director of the enterprise in the T-8 form.

How to fill it out correctly according to the attached sample explanatory note and how to take it correctly?:

Dismissal at will: entry in the work book

On the last day of the employment agreement, the person resigning receives work book with the corresponding entry.

Both documents must contain the wording “dismiss at your own request.”

Final payment

Upon verbal request, the employee is given other documents and their copies provided upon hiring or issued later (copies of orders related to a career at this enterprise or organization, certificates of salary, insurance contributions, 2-personal income tax).

No later than this day, the final financial calculation of wages must be made, taking into account the unrealized part of the vacation.

This is dictated by the Labor Code, we note in parentheses, but it does not often happen in practice. Even when a company or institution pays salaries to staff on bank cards and the person receiving the payment even comes to collect it former job no need. Administration and accounting usually use the excuse of a lack of funds in the cash register.

But according to Article 236 of the Labor Code of the Russian Federation, if the payment was not made on time, the employer must not only pay every penny, but also pay interest for the delay!

The law does not oblige the director to accrue to a resigning employee amounts the payment of which he considers illegal. But the employee is not obliged to agree with the legality of what was not given and can file a claim in court for the recovery of wages.

The administration does not have the right to forcibly keep at work someone terminating an employment contract who has a debt to it, or in the case where an employee, being financially responsible person, did not transfer the affairs to his successor. All problems are resolved after dismissal, again in court.

But it is important to know that in the end the boss can arrange an extremely unpleasant “surprise” for his subordinate. After two weeks of work, it is quite possible to face disciplinary action and even dismissal. Let's say, for absenteeism.

Interesting video: Dismissal of an employee at his own request

Dismissal at one’s own request is the least conflicting dismissal procedure, conditioned by the employee’s will (“own desire”) in the form of a statement and provided for by the Labor Code of the Russian Federation. Dismissal of one's own free will without service is possible only in a number of cases, which we will consider below.

Essentially, this procedure for terminating employment relations is the most acceptable for both parties to the employment contract.

The procedure in the Labor Code of the Russian Federation is also called dismissal at the initiative of the employee.

First, let's analyze the legislative framework for regulation and the main problematic situations arising in connection with the procedure.

Application form for voluntary resignation

Dismissal at will: Article 80 of the Labor Code of the Russian Federation

Basics legal regulation dismissal at will is carried out by Articles 80 and 77 of the Labor Code of the Russian Federation.

Article 80 of the Labor Code of the Russian Federation reads as follows (the article highlights the most "dangerous" moments, causing disputes between the employee and the employer):

What to do if you are forced to resign of your own free will?

If you are forced to resign of your own free will, first of all it is necessary to collect sufficient evidence that your will to terminate the employment relationship was not there.

• Read more in the article about forced dismissal under Article 80 of the Labor Code of the Russian Federation.

Is it necessary to work off upon dismissal under Article 80 of the Labor Code of the Russian Federation?

You can read more about voluntarily dismissal without work by following the link.

Termination of an employment contract upon dismissal at one's own request can be carried out:

• after two weeks after the employee warns the employer in writing;
• within any period agreed upon by the parties to the employment contract (accordingly, if the employer also agrees to terminate the employment relationship early);
• within the period established by the employee himself in the application - under the following circumstances:
  1) the employer violated labor laws and local regulations;
  2) the employee is unable to perform a job function due to studies and other cases.

Simplified, such dismissal is divided into:

• dismissal with "work";
• dismissal “without service”.

Entry in the work book upon dismissal under paragraph 3 of Article 77

The procedure for dismissing an employee at his own request

Thus, procedure for dismissal at will as follows:

• the employee writing a resignation letter of his own free will;
• completion by the employee of the period determined by law, agreement of the parties or indicated in the employee’s application;
• termination of an employment contract upon expiration of the “working off” period;
• issuance of a work book and all final settlements with the employee.

With all this, you need to remember the following rules regarding procedure:

1. The employer is notified in writing. Failure to comply with the written form in this case is one of the most common reasons for the employer’s abuse of rights. Written form usually means submitting an application.

VERY IMPORTANT: the application must be submitted with appropriate proof of completion. To do this, you must make a copy of the original application and ask an authorized person of the employer (director, office staff, personnel department or other authorized persons) to make an acceptance mark on the copy of the application (“Application accepted” indicating the date, signature, transcript and position).

If the employer and his authorized persons in charge of personnel relations refuse to accept the application, send it with a valuable letter with a description of the investment according to actual and legal address employer. In this case, we recommend additionally sending telegrams with notification and receiving their text.

2. The employee is required to work for two weeks after writing a letter of resignation at his own request..
It must be remembered that the two-week period begins the day after the application is written. That is, in this case we mean 14 full days. This period includes working and non-working days.

EXAMPLE: a letter of resignation was written by an employee on Wednesday, the 8th of the month. This means that the work period expires on Thursday, the 23rd of the same month.

3. An agreement to reduce the period of work with the employer (less than two weeks) must be concluded in writing (at least with a duly certified inscription of the employer on a copy of the employee’s application: “I agree to the period of work 5 days after writing the application” or similar).

Possible situation: the employee does not have confirmation that the employer agreed to reduce the period to 5 days (although verbal consent was given). After the 5-day period of work has expired, the employee does not go to work, and subsequently finds out that he was fired for absenteeism.

4. The inability of the employee to continue work, and, as a consequence, the establishment of a deadline by the employee himself, must be due to a good reason. The list of reasons in the article is not closed, but examples are given: study and retirement. An unjustified reason cannot serve as a basis for the employee to set a deadline on his own.

Thus, the dismissal of a pensioner at his own request occurs with its own characteristics in terms of notice periods.

5. An established violation by the employer of labor law standards means the presence of relevant administrative materials - protocols of the Labor Inspectorate or the presence of a corresponding court decision in which the employer was held accountable, moreover, in a dispute with a specific employee who expresses a desire to resign of his own free will.

SITUATION: the employee subjectively assesses that the employer violated his rights and decides to resign of his own free will, setting a period of 3 days for working off. Subsequently, he finds out about his dismissal for absenteeism, since he was obliged to work for another 11 days.

6. The employee has the right to withdraw his resignation letter. If the employer ignores it, reinstatement at work is possible through the court.

7. The employee does not have the right to withdraw the application if The employer invited for this position:

• another employee whom he does not have the right to refuse to conclude an employment contract;
• the invitation was made in writing.

An example of a category of persons who cannot be refused to conclude an employment contract are people with disabilities (certain quotas have been established for hiring them), as well as persons invited by transfer from another employer (Article 64 of the Labor Code of the Russian Federation).

The “written form” of an invitation can also raise many questions. This issue is controversial if an employee, who cannot be refused to conclude an employment contract, has entered into an actual employment relationship (there was no written formalization).

8. Termination of work after the expiration of the notice period is the employee’s right, not his obligation!

SITUATION: the employee worked during the notice period, but by verbal agreement with the employer, he worked for three more days beyond the deadline, and then stopped working. Subsequently, the employee learned of his dismissal due to absenteeism.

9. Issuance of a work book and all payments (for wages and other payments) are made on the last day of work.

Sample application for voluntary resignation:

According to Article 80 of the Labor Code, dismissal at will occurs on the initiative of the employee due to various reasons: new offer, relocation or other circumstances. This procedure for terminating a contract is today considered one of the most conflict-free. The reason is that, unlike the case at the initiative of the employer due to absenteeism or layoff, no arguments, special procedure or payment of increased compensation are required. Although the dismissal procedure is simple, it still has its own rules.

Under what article are people fired at their own request?

Article 80 of the Labor Code of the Russian Federation (LC RF), entitled “Termination of an employment contract at the initiative of the employee (at his own request),” discusses in detail the procedure and rules of this procedure. They relate to the reasons, timing of the application and cases of termination of work before the expiration of the notice period. In addition, the article contains information regarding the withdrawal of an application.

The procedure for dismissal at will

Any employee, including a pregnant woman, according to paragraph 3 of Article 77 of the Labor Code of the Russian Federation “General grounds for termination of an employment contract,” has the right to resign on his own initiative due to various circumstances. To do this correctly, it is important to know the specifics and rules for terminating an employment contract. This way, conflicts with the employer and other problems that will delay the process for a long time will not arise.

Terms of dismissal

By general rule Article 80 of the Labor Code of the Russian Federation, the employee must notify the employer in writing of dismissal by submitting an application addressed to him 2 weeks before the expected resignation. This period begins to count the next day after registration of the petition. It is important that the application is registered, otherwise the work period may be delayed. Other rules for dismissing an employee at his own request:

• the two-week period can be canceled by written agreement between the employee and the employer;
• the law does not oblige the employee to be at work during these 2 weeks (you can go on vacation or sick leave);
• general rule two-week work has exceptions (for the probationary period - 3 days, and for a managerial position - 1 month).

The manager does not have the right to refuse an employee. If this happens, then the employee should know that this is a violation of the law by the employer. Then the application is drawn up in a standard form and sent by mail with acknowledgment of delivery. This way you will know that the employer has received the documents. After 2 weeks you can stop working in the organization. After this period, the employee must be given a work book and a paycheck. Otherwise, he has the right to contact the inspectorate dealing with such illegal situations and labor disputes.

Application for resignation

The first thing an employee must do is submit a resignation letter on his own initiative 2 weeks before leaving. The countdown for this period will begin the next day. The law does not define the exact requirements, but it should specify several important points:

1. Last name, first name, patronymic and position of the manager, name of the organization.
2. Last name, first name, patronymic of the applicant, i.e. the employee himself.
3. The text of the statement itself. Includes a request to dismiss from a position on a certain date (it is better to write, for example, “August 1, and not “from August 1”). If necessary, indicate the reason for termination of the contract.
4. At the end there is the date of submission of the application, signature and transcript.

Labor legislation allows you to withdraw your request. This is done in the same form as an application for dismissal at the initiative of the employee. The manager has the right to refuse:

• if the resigning employee’s place has already been replaced by another person who, by law, cannot be denied a job;
• if the employee went on vacation (he should have withdrawn the application before the start of the vacation).

Reasons for dismissal

According to the Labor Code of the Russian Federation, the following cases are considered valid reasons for preserving an employee’s length of service:

• reaching retirement age;
• the need to move;
• some diseases;
• beginning of higher or secondary education special institution;
• caring for a sick family member;
• violation of the employment contract by the employer.

It is not necessary to indicate a reason unless it is the basis for any compensatory monetary payments or the cancellation of the period of compulsory service. In general, you should just write “I ask you to fire me of your own free will.” Additionally, you can indicate the reason - “in connection with retirement.” The formulations of other circumstances are drawn up in the same way.

Order of dismissal

If the application for resignation of one’s own free will does not have a clear sample, then the order on it is drawn up according to the T-8 form established by law. It is published in 2 copies, one of which remains in the accounting department for calculating material payments. An order for voluntary dismissal is issued with certain details, such as:

• code according to the All-Russian Classifier of Management Activities (OKUD) – 0301006;
• code according to the All-Russian Classifier of Enterprises and Organizations (OKPO) - it is different for each company;
• name of company;
• the text of the order itself;
• Date of preparation.

Working period

The standard working period is 2 weeks. It starts the day after the application is submitted. But this period is not always maintained. You may not work for 2 weeks if:

• the employer does not see the need for this;
• the employee has good reasons– enrollment in full-time studies, urgent relocation, becoming a pensioner);
• the employer violated the employment contract;
• the employee is on sick leave.

Vacation before dismissal

An employee has the right to resign on his own initiative, even during or before vacation. The application in this case is written in the same form. More often it contains the phrase “I ask for leave with subsequent dismissal at your request.” In accordance with Article 127 of the Labor Code of the Russian Federation, the last working day is considered the last day of vacation. In this case, you do not need to work 2 weeks.

List of documents upon dismissal of one's own free will

The employee only needs to submit a letter of resignation. In response, he will be issued official documents from the following list:

• work book with an entry on the grounds for dismissal issued by the personnel department;
• certificate 2-NDFL, confirming the amount of income received and withheld personal income tax;
• certificate of payment of wages for the last 2 calendar years;
• information about payments and other remunerations, about the insurance experience of the insured employee.

Rights upon dismissal at will

Each party has its own rights. This is an opportunity for the employee to withdraw the application at any time. The employment contract remains in force unless the employee is fired on the last day. The employer has the right to demand that he fully perform his duties up to the point of dismissal. If the manager violates the employment contract, the employee may not work for 2 weeks, but only if he could prove this in court.

Calculation upon dismissal at one's own request

It must be made on the day of dismissal, i.e. the last worker after 2 weeks of work. The final settlement includes payment of all amounts due to the employee. These include:

• wage;
• compensation for unused holidays;
• payments under an employment or collective agreement.

Dismissal on sick leave

An employee can submit an application even if the date of dismissal falls during a period of temporary incapacity for work. The employer has no right to change it. After the 2-week period, management makes a calculation and issues an order noting the employee’s absence. You can come for documents and amounts due at any time. The only condition for the dismissal procedure is that temporary disability benefits are assigned within 10 days after the sick leave is granted. It will be paid on the next payday.

On holiday

All calculations in this case and the issuance of a work book in this case are made on the last working day before the vacation. The employee writes a letter of resignation of his own free will under the same conditions. In addition to wages, the employee must be given vacation pay. Compensated payment for unused vacation is already excluded. An employee can receive it if he refuses to be given rest.

After vacation

If an employee has already used vacation and decided to quit after it, then he will have to work 2 weeks on a general basis after writing the application. Payments in this case are the same as when leaving work at any other time. They include wages and benefits under an employment or collective agreement. If the application was submitted before the vacation with a notice of dismissal after it, then the calculation is made on the last working day. Then they issue a work book. If the vacation was provided in advance, then the amount of overpaid vacation pay in the amount of 20% is withheld from the dismissed person.

After sick leave

If an employee cannot continue to work after the end of the period of incapacity, then in the application he refers to this reason and confirms it with documents. In this case, he can be fired on the same day with payment made and the issuance of a work book. The person receives compensation for unused vacation, salary and benefits sick leave.

One day dismissal

If the employee is unable to continue working, the organization is obliged to terminate the contract with him within the period specified in the application. To do this, you need to provide supporting documents, for example, a certificate from a medical institution about illness, from an institute about admission, etc. Writing an application, filling out an order and familiarizing yourself with it when early dismissal happens in one day. Payment can be made no later than the next day, including salary and compensation payments for vacation.

How to resign of your own free will

It is important for an employee to know that he has the right to resign at his own request, and the employer cannot refuse to accept an application. It is important to do everything according to the instructions so that there are no disagreements. The procedure on how to resign correctly includes several stages:

1. Writing an application. An employee who decides to take such a step must certain deadlines submit an application addressed to the director, indicating, if necessary, the reason for your departure.
2. Issuance of an order. After registering the application (you must follow this, and it is better to make a copy for yourself), an order will be generated. It is drawn up in a standard unified form. The employee must familiarize himself with the order and put his signature on it.
3. Dismissal. The employer makes a corresponding entry in the work book, and the employee signs for it in his personal card. At the same stage, a full calculation is made based on Article 140 of the Labor Code of the Russian Federation.

How to fire an employee at your own request

The employer must sign a letter of resignation. Next, you need to fill out an order in the T-8 form, which you must familiarize the employee with. After this, the HR and accounting department clarifies information about the period worked in the current month, the provision of vacation, sick leave period and other information necessary for calculating compensation. On the day of dismissal, a labor certificate is issued indicating the reason for dismissal and the funds due are paid.

Video

Payments upon dismissal at one's own request the employee can receive on his last day of work. This is not only wages, but also compensation for vacation days that were not used, as well as those payments that are provided for in the company’s local documents.

The procedure for dismissal at will and the possibility of withdrawing a resignation letter

Dismissal at will assumes that the initiator of termination of the employment relationship is the employee himself. In order to somehow protect the employer in such a situation, the Labor Code of the Russian Federation obliges the employee to work for another 2 weeks after submitting his resignation letter. During this time, the employer must find a suitable replacement and take over the affairs of the resigning employee, as well as prepare for a monetary settlement with him.

The employee must notify the employer of his dismissal in writing. And over the next 2 weeks, it would be nice to resolve all the financial issues so that on the last working day you can receive a payment and a work book, and not ask questions about why this particular amount was obtained. However, in practice, not all employers tell employees how much they will receive - hence disputes, refusals to sign a dismissal order, grievances and even litigation.

It is also necessary to remember that according to the law, an employee has the right to withdrawal of resignation letter at one's own request. Therefore, the employer must calculate payments and prepare all documents taking into account this possibility.

Deadline for making calculations after submitting an application for dismissal

Art. 140 of the Labor Code of the Russian Federation reveals the terms within which calculations are made upon dismissal. Regardless of the article under which the working relationship is broken, the settlement must be made on the last day on which the employee performs his duties. If an employee decides to leave of his own free will, he will receive all payments only 2 weeks after submitting the application. But this is in a normal situation.

If certain life circumstances arise, if the employee reaches an agreement with the employer regarding the possibility of premature termination of the employment relationship, the 2-week period of work established by law may be reduced. Here the parties, of course, can apply another article - by agreement of the parties. Then the dismissal can be formalized even on the day of submitting the resignation letter.

The parties themselves decide which article to use. If, nevertheless, an article is chosen at one’s own request, but with a shorter period of service, then the application indicates a specific date for termination of the employment relationship, and it is on this day that the settlement with the employee takes place.

There is another point - when the employee fell ill during the last 2 weeks and was at home on sick leave on the day of dismissal. Then the employer must give the employee the money as soon as he can pick it up, but not on the same day, but the next day after receiving the request. This delay is given to prepare the required amount.

What payments does a resigning employee receive under this article? Labor Code of the Russian Federation in 2016-2017

There are 2 main components payments upon dismissal at one's own request:

• salary;
• compensation for days of unused vacation.

The first thing an employee thinks about when making calculations is salary. He checks the received payslip, how many days are included in it, and whether allowances and bonuses are taken into account. However, in addition to this, you need to remember that you can also demand compensation for unused vacation days.

Only the required days are subject to compensation annual leave for the current and previous years. If the employee did not go on vacation for several years in a row and did not require monetary compensation, then all amounts for a period of more than 2 years are burned. The employee himself must monitor this point and submit an application for compensation at the end of the year in order to receive the due money.

When leaving a job, many people think about severance pay. But the law provides for its payment only in certain cases of termination of employment, most often associated with staff reduction or liquidation of the enterprise. In case of voluntary dismissal, the employer is not obliged to pay severance pay.

Responsibility of the employer for delay in payment upon dismissal of one's own free will in 2016-2017

If there is a delay of 2016-2017 -m payments upon dismissal at one's own request employer, according to Art. 142 of the Labor Code of the Russian Federation, may be punished financially. Size financial liability is established in Art. 236 Labor Code of the Russian Federation.

Thus, for delays in payments upon dismissal, the employer is charged 1/150 of the key rate for each day Central Bank Russia. You can find out the current rate on the official website of the Central Bank of the Russian Federation.

But if the employer does not want to pay the debt, it is unlikely that he will apply sanctions to himself. To collect a debt with a penalty, you must contact an authorized body, for example, the labor inspectorate (see:Where to complain about an employer, and how to complain correctly? ). However, they can only issue an order to pay the debt if they establish that the employer has violated labor laws and the procedure for making payments upon dismissal.

If the employer does not comply with the order of the labor inspectorate, then there is only one way left - to court. You can also contact the prosecutor first so that he can supervise this issue - this may encourage the employer to quick solution all issues in favor of the employee.

All settlements with the employee are carried out on the last working day. If a dispute arises about the amount of payment, then on the day of dismissal the employer must pay only the amount on the amount of which consensus has been reached; payments for the disputed amounts occur after a specific decision is made. If the amount of the payment raises questions for the employee, he can contact the labor inspectorate so that they can check the calculation for compliance with the norms of current legislation.