Each subordinate, no matter how strongly he is attached to work, has every right to dismiss on his own initiative. Termination of an employment contract on this basis is one of the most reliable ways to say goodbye to an employee. But, despite the apparent simplicity, the legislation regulates the special order of dismissal at will.
Stages of the dismissal procedure
In order to say goodbye to the employer, you will have to go through all the steps necessary for this, which is provided for by the Labor Code of the Russian Federation:
1. The first step to dismissal is a letter of resignation. The main thing is that your desire to become free comes personally from you, and not as a result of threats or requests from your boss. If you write a letter of resignation at the direction of the leadership, it will be quite difficult to prove the fact of someone else’s will in court. In judicial practice, there are still examples where it was possible to prove the illegal actions of the leadership, but it is better not to do this initially.
2. The order of dismissal of their own free will after writing the application is to submit it to the boss. If the director is not very happy with your intention to leave, and you have not reached an agreement on this matter, it is entirely possible that he may refuse to accept your application. In this situation, lawyers advise sending such a document by mail.
3. After accepting the letter of resignation, the employer must issue an appropriate order. This document is issued strictly on the day the employee leaves.
4. Further, the order of dismissal of their own free will consists in the fact that the employee must correctly fill out the work book. The entry in the workbook must contain information that the employee was dismissed on his own initiative (that is, in accordance with paragraph 3 of part 1 of article 77 of the Labor Code).
5. In addition, the employee must make a calculation. This calculation necessarily includes the payment for unused vacation. The accrual procedure is carried out on the basis of current legislation.
The nuances of the dismissal procedure
We recommend that you plan your dismissal date in advance, as the manager has the right to demand a further 14 or fewer days (most importantly no more). In some situations, the employer is obliged to terminate the contract with the subordinate within the specified time. For example, if an employee entered a university, reached retirement age, was forced to move to another city, etc.
It is also worth remembering that unauthorized changes in the date of dismissal are not included in the rights and obligations of the employer. The employee must be dismissed on the day indicated in his application.
It is also important that until the day the order for leaving is issued, the employee has the right to change his mind to quit. You can notify the director of this at any time during the two-week period for working out. An exception can only be the option when a new employee has already been invited to your place, and if such an invitation was issued in writing.
As you can see, despite its simplicity, the order of dismissal of its own free will has pitfalls. Therefore, if you have a conflict with your employer about your future care, do not act on the basis of emotions, be guided exclusively by law. Only in this way can you save time and avoid negative consequences.