What is the best way to tell your boss about your voluntary resignation?

Issues of dismissal and reduction are relevant for both parties to the employment agreement. Violation of legislative norms by an employee or employer in the field of formalizing the procedure for severing employment relations may cause difficulties in the employee’s further employment, as well as his financial losses due to payments not being paid in full. For violation of the law, the employer may be subject to administrative or criminal liability, the consequences of which may include legal proceedings and accrued financial penalties. It is important for both parties to the agreement to know for what reason an employee can be fired from work legally?

Dismissal under article

Possible reasons for dismissal

The list of all circumstances that cause the severance of labor relations is considered in the Labor Code of the Russian Federation. An employee may be dismissed upon expiration of the agreement, by agreement between the subjects of legal relations, as a result of a transfer to another employer, as well as at the request of the employee or on the initiative of the head of the business entity due to certain reasons. Termination of an employment contract is relevant if an employee refuses to work for a transfer to another region, as well as to another workplace due to health reasons or in connection with reorganization measures in the company or force majeure circumstances.

The dismissal of an employee at the initiative of the employer is relevant if he violates the provisions of labor legislation, which excludes the possibility of further cooperation between the parties. The agreement can be terminated due to the employee’s inadequacy for the position held, as well as due to his failure to fulfill his job duties without good reason. The dismissal of an employee is formalized in the event of violation of labor regulations, labor safety rules and the commission of immoral acts, including the use of alcohol or drugs in the workplace. Fake documents provided to the employer during employment are grounds to consider the employment contract invalid.

Why can you get fired?

Termination of an employment contract for any reason is carried out under one or another article of the Labor Code of the Russian Federation. From a legal point of view, there is no concept of “dismissal under an article.” However, in practice, it is applicable when cooperation is terminated at the initiative of the employer due to gross violations by the employee.

“He flew away, but promised to return”

Situation: Liliana works as a salesperson. On Saturday, according to the schedule, Lilya was supposed to work from 10.00 to 19.00, but she was there at 15.20. Yesterday she stayed late at the club and therefore overslept.

Her husband Dormidont works as a carpenter at the company. He hasn't shown up to work for the past few days because he was offered a lucrative free job. Dormidont did not inform the boss about his absence.

Can spouses become unemployed? The Code says yes.

The truant's employer needs to draw up a document (act) stating that the employee was absent for the whole working day or at least for more than 4 hours in a row. Confirmation will be provided not only by personnel documents (for example, a report card), but also by other evidence: testimony of colleagues, customer complaints (the store is closed), video recordings, data from the electronic pass system.
Again, you will have to take a written explanation of the reasons for absenteeism. If the employee refuses to sign the act, it is necessary to attract witnesses and draw up another document - about the refusal.
There is no requirement to pre-issue penalties. You can be fired immediately for absenteeism.

Note! It is impossible to formalize dismissal in absentia. According to the court, the employee will be able to be reinstated if he proves a valid reason for his absence. You will have to reimburse your salary for the period of forced absence. The same will happen if the dismissal procedure is violated.

Links: subparagraph “a” of paragraph 6 of Article 81 of the Labor Code, paragraph 39 of Resolution No. 2.

How to dismiss an employee for violation of discipline

In the concept of many employers, violations of labor discipline include various actions of employees associated with their behavior. However, you cannot be fired for all offenses. Being late, not following the work and rest schedule, unscheduled breaks, talking with other employees or smoking are not considered serious violations that could cause the termination of agreements.

The head of a business entity can dismiss an employee only for:

performing official duties while intoxicated;
absenteeism;
absence from work for more than four hours;
theft of property or its embezzlement;
disclosure of information classified as a trade secret.

Each violation must not only be identified by the head of the company, but also documented. In the absence of papers substantiating the reason for the dismissal of a negligent employee, the employer’s decision can be challenged in court. In such a situation, by a court decision, he will have to pay compensation for wages to the employee, the damage caused to him and cover the costs of record keeping.

Dismissal for being under the influence of alcohol at work

Each legislative section interpreting the reason for dismissal has hidden nuances that make it possible to challenge the decision of the head of the company. It is difficult to convict an employee of absenteeism or absence from work for a specified period of time if the employment contract does not contain information about the exact place of work and the specific time period identified as work. The employer's claims may acquire an unfounded status if the employee provides a certificate of temporary disability, the validity period of which covers the time the person is absent from the workplace.

If the head of the organization considers the employee’s actions in the area of his behavior unacceptable, for which it is impossible to fire him immediately after the violation is discovered, then he needs to establish the fact of the event and document it.

A commission created by an order for the enterprise may be involved in the procedure. Its representatives record the identified event in the form of an act. The document is the reason for requiring an explanatory note from the employee and drawing up an order to issue a warning, reprimand or reprimand. If a violation is detected again, the procedure is repeated and the employee is severely reprimanded. After committing a third offense, the employer has the right to legally dismiss the offender.

Stayed a minute

Situation: Wenceslaus is late for the office every day. The working day starts at 9.00, he appears at 10.00. The explanations are different, but everyone knows that the guy just plays “tanks” for a long time in the evenings and doesn’t get enough sleep.

Could Wenceslaus's boss fire him for being late? Yes, it can, but you will have to first collect a certain set of documents. How to act in such a situation:

Record the fact of lateness in a document and ask for an explanation from the employee. Moreover, it is necessary to draw up an act and an explanatory note for each case.
The first time a written reprimand is made if the reason turns out to be disrespectful. We introduce the employee to the document on which he must sign.
A reprimand is issued a second time, provided that the circumstances again do not justify the tardiness. The registration procedure is the same as with the remark.
For the third time, the last measure is applied - dismissal.

Links: paragraph 35 of Resolution No. 2 of March 17, 2004 (recommendations to courts in cases of labor disputes, hereinafter simply Resolution No. 2), paragraph 5 of Article 81 of the Labor Code.

Staff reduction

With a decrease in production volumes, maintaining the same number of employees becomes irrelevant. In such a situation, the employer usually initiates a layoff procedure. Employees subject to dismissal must be notified of the upcoming event two months before it occurs. The employer must take care of his staff and, if possible, provide them with other work in the same enterprise.

Termination of an employment contract due to liquidation of the company

As an alternative, it is possible to organize training for employees in order to retrain them. When selecting persons to be dismissed, the director of the company must be guided by the level of qualifications of the employees, as well as their classification into a preferential category, with which the contract can be terminated at their personal request or upon liquidation of the company.

Looking for a new job

Looking for a job is also a job that takes a lot of time and effort, but sometimes the schedule at your current workplace is such that there is absolutely no time left to visit potential employers. If you don’t have free time, and your job doesn’t bring you money or moral satisfaction, you can do the most daring and even reckless thing - quit without having any alternative options. In this case, you should calculate the payments and compensation due to you upon dismissal, since you will have to live on these funds for some time. Before making the final decision to quit, look through several sites with vacancies, post your resume and outline your escape routes in the form of part-time jobs or temporary work. You can’t relax and take a long rest. The maximum amount of time you can afford is two days off. Now you have a new task - finding the ideal workplace where career growth and financial stability await you.

The procedure for selecting employees for dismissal during layoffs

The employer has the right in the internal documentation of the enterprise to indicate the category of persons enjoying preferential rights in case of layoffs. Managers strive to retain qualified personnel whose work results are distinguished by high marks.

When reducing staff, the employer must clearly plan the contingent of employees with whom the employment contract can be terminated without consequences. When selecting personnel for continued cooperation, it is necessary to be guided by the norms of labor legislation. Persons who support two or more dependents, as well as employees who are the only breadwinners in the family or employees who have been injured as a result of a work-related injury or occupational disease have a priority right to remain at work. The regulations prohibit the dismissal of inventors, post-war service workers and military spouses.

How to tell your boss about dismissal?

Today the labor market has a sufficient number of offers with different working conditions. But even if you choose a job of your own free will and work at it for several months or even years,

In the future, something may not suit you. There can be many reasons, and you have every right to look for more favorable conditions. A person spends 2/3 of his daily time at work (including night sleep), and he doesn’t want to spend this time in an uncomfortable atmosphere.

So, having weighed all the pros and cons of your work, you are still inclined to believe that this “path” is not for you.

Business liquidation

The termination of the activities of a business entity is the reason for the reduction of personnel. Employees must be notified of the upcoming dismissal two months before the termination of their employment relationship. The procedure must be documented. To do this, each employee is given a sheet of notification about the upcoming event, familiarization with which is confirmed by their signature in the document.

Two months are given to workers to find a new place of employment. After this time, the head of the company issues an order to terminate the employment relationship with the staff. His responsibilities include payment of wages, compensation for unused vacation and severance pay, as well as registration and issuance of a work book. The reason for dismissal is the liquidation of the company. All financial and organizational activities are carried out on the last working day.

Feelings and emotions after dismissal

After writing a statement, a person’s psychological state changes dramatically. A whole range of feelings is experienced: euphoria, sadness, joy, resentment, anger. This can last for a certain period and is quite understandable. Losing or changing a job, according to psychologists, is on a par with events such as the death of a loved one or divorce.

The emotional attachment to a place turns out to be much stronger than imagined. What remains are colleagues with whom friendly relationships were established and production difficulties were overcome. A lot of interesting and new things were experienced here. In the end, a part of my life was spent in this company; you cannot erase this from your biography.

But you shouldn’t regret what you won’t get back. If leaving the organization was associated with mistakes, incorrect behavior, this becomes a lesson for the future. In any case, a person now faces new tasks and plans. He is given a chance for further development and growth. And in some cases, start your professional path anew, changing your field of activity and specialty.

At the same time, the door for someone who left the company wisely may remain ajar. There is always a possibility of returning while maintaining relations with the former administration and staff. In addition, those around you will forever remember the feeling of self-esteem that leaves during the farewell period. And the process of leaving characterizes a person in the same way as the experience of cooperation. The two named stages equally turn into one positive factor influencing business qualities and career.

Position mismatch

Agreement on termination of employment contract

Almost all companies conduct certification of employees to determine their compliance with qualification requirements. If during the event an unsatisfactory result of the knowledge test is revealed, the employee is offered another position, the work of which involves the absence of knowledge control. An employee's refusal to change jobs is grounds for his dismissal.

Common Mistakes

Even following formalities during the dismissal process will not help to avoid all possible mistakes. Each employee must correctly assess opportunities and plan their future career. The most common mistakes are related to the following points:

No new job offers. Vacancies must be posted prior to writing an application. If possible, it is worth attending several interviews to better understand the prospects for further employment. It is best to make a final decision on early termination of the contract only after receiving a specific offer from another employer.
It is important not to take long breaks. When applying for a new job, the interviewer will definitely ask about the reasons for the lack of practice. This is especially important in specialties where there is constant updating of information and requirements.
There is no need to rush to quit during vacations and holidays. These days and weeks it is very difficult to find suitable vacancies. This period is perfect for creating a competent resume and posting it on the most popular resources.
All employees want to quit profitably, with the least losses and risks. But don't forget about obligations. It is worth reading the terms of the contract carefully. If an employee has undergone advanced training courses at the expense of the company, then the contract will indicate a point after which the agreement can be terminated.

Everything possible must be done to make the process painless. Sometimes management asks to train a new specialist. In this case, it is better to meet halfway. In this case, you can maintain good relations with your superiors and the company.

Theft and embezzlement

The theft by an employee of the property of a business entity or other employees, including its waste and intentional damage or destruction, is grounds for the employer to unilaterally terminate the employment relationship. An employee can be dismissed under this article only on the basis of a court decision made following an investigation. In practice, in such situations the employee is asked to resign of his own free will. Such a decision by the employer allows both parties to the employment agreement to preserve their reputation.

How to tell the director about dismissal

You need to inform management about your decision as soon as possible. Firstly, this must be done because, according to the Labor Code, the employer has the right to issue you documents and issue a dismissal order within two weeks from the date of filing your application with a request to dismiss you at your own request. Don't forget to put the date on it. when it is served.

Secondly, it will be much better and more honest if the director learns about your decision directly from you, and not from one of your colleagues, who, of course, will be in the know.

The moral side of the issue

If the decision to dismiss is finally made, then the question arises of how to avoid talking behind your back, unfriendly glances and pitfalls. Of course, it is impossible to guarantee the absence of negative consequences, since everything depends on the team and management. But the employee can reduce the risk of unpleasant consequences to a minimum. To do this, it is worth following some recommendations that are not specified in any legislative document, but relate only to the moral side of the issue and etiquette:

When posting a vacancy, you should not indicate your first and last name or place of work. HR department employees can use the same resources to find personnel. In this case, an unpleasant situation may arise in which management learns about plans for dismissal not from the lips of a specialist.
It is not worth discussing plans for dismissal in a team for the same reasons. The human factor is unpredictable. It is always difficult to guess from whom you can expect a dirty trick. You must inform your manager about your dismissal yourself. Perhaps after talking with him the decision will be changed.
While on probation, you should notify management at least 3 days in advance. A managerial position imposes additional responsibility, so the decision will have to be notified one month in advance.
You shouldn’t slam the door even in the most difficult relationships in the team or with management. Your social circle is always small, which can negatively affect your reputation. New employers will be wary of hiring such a person.

The right way to quit is to maintain good relationships with colleagues. In most cases, you can arrange a small farewell tea party. It is always difficult to predict in advance what will happen at a new place of work, so the option of returning cannot be ruled out.

Diplomacy

It is possible that the bright prospects of working in a new position in a long-awaited place will remain a dream, so you should communicate very correctly with management.

This is also important to know:
Dismissal of a single mother: who falls under the preferential category?

No one is safe from mistakes; what if you have to go back? When talking with the director, you must use maximum arguments and a minimum of emotions. The reason for leaving should be formulated in such a way as not to affect the person’s self-esteem. It is best to start the conversation with gratitude for the invaluable experience of working under his leadership.

If you formulate your request correctly, you may be able to quit your job without working off. But at the same time, it is necessary to provide justification for the completion of all your current affairs. If the diplomatic approach gave a positive result, then you can ask for recommendations for a new job. And then you can even sit down to write a book “How to quit your job the right way.”

The basic rule: there is no need to slam the door and shout about what a bad enterprise this is, even if the dismissal of an employee occurs on the initiative of the manager, you must at least “save face.”

How to resign of your own free will if:

✔ You are on vacation.

The Labor Code of the Russian Federation stipulates that every employee must be granted vacation every year. At the same time, an employee on vacation cannot be dismissed except at his own request. Consequently, an employee has the right to resign not only during work, but also during the vacation period.

This is also important to know:
The meaning of Article 33 of the Labor Code upon dismissal: official text, what has changed

You can do this in two ways:

Apply for leave with subsequent dismissal. In this case, work will not be required: the vacation time will be counted towards the notice period for dismissal.
Having already gone on vacation, submit your resignation letter. In this case, however, you should make sure that the application is sent at least two weeks before the end of the vacation - otherwise the head of the enterprise has the right to involve the resigning person in work for the missing days of up to two weeks.

At the end of the vacation, the employee who submitted such an application no longer goes to work, but receives a work book, reads the order of his dismissal against signature and receives a full payment.

✔ I am a pensioner.

Labor legislation does not require that a retired employee must resign from the moment his pension is assigned. However, retirement is one of the good reasons why an employee has the right to resign on the day he sets, without observing the two-week work period.

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Strictly speaking, there is some ambiguity in the norms of the Labor Code of the Russian Federation. In practice, it is usually believed that a working pensioner has the right to exercise the right to dismissal without service only once, and if he gets a job again in the future, he is obliged to follow the same rules when dismissing at his own request as all other employees, that is, to warn employer at least two weeks in advance. However, a literal interpretation of the law formally allows a retired employee to exercise the right to dismissal without service in the future. No single solution has been found yet.

✔ I work part-time.

According to the law, an employee has the right to carry out part-time work in his free time from his main job. The same rules apply to a part-time employee as to an employee in his main job, so the procedure for his dismissal will be exactly the same as in all other cases.

The only thing you should pay attention to is that the entry in the work book is made only at the main place of work. Accordingly, a part-time worker does not need to monitor the accuracy of the dismissal record and wait for the issuance of a work book.

✔ I'm on maternity leave.

Strictly speaking, current legislation does not contain the concept of “maternity leave”. This term in practice refers to two completely different types of vacation:

Maternity leave provided only to women expecting a child.
Leave to care for a child up to the age of three, provided to both mothers and other relatives.

What these two holidays have in common is that during their period the employee cannot be dismissed except at his own request. In all other respects, the dismissal procedure is absolutely the same as for other categories of workers - including regarding working off. Of course, in reality no one will call a woman back from vacation, but the application should still be submitted at least two weeks before the date of dismissal. However, in practice, managers are usually willing to fire an already absent employee immediately.

✔ If I am a director (manager).

Like other categories of employees, the head of an enterprise has the right to resign. However, there are several special rules regarding it:

The notice period for dismissal will not be two weeks, but not less than a month.
The application is submitted to the owner of the organization's property. Depending on the organizational and legal form, this may be a state or municipal authority (for unitary enterprises), a meeting of participants or shareholders (for LLC, OJSC or CJSC), or an individual entrepreneur.
If the manager works in a company (joint-stock or limited liability), the decision to dismiss him is made by the general meeting of participants or shareholders. To do this, the resigning director must first convene it in accordance with the rules of civil law.
If the owner (or meeting of owners) does not make a decision to dismiss the manager within a month, he has the right to stop working. In this case, a unique situation arises: in fact, the director will fire himself, signing the order for his dismissal and putting a mark on familiarizing himself with it.
As a rule, the head of the enterprise keeps the statutory documents of the organization. In case of dismissal, he is obliged to transfer them to his successor. In the same case, if the owner of the organization did not bother to appoint a new director, the person resigning can act in different ways:
Store documents yourself.
Transfer them to a notary for safekeeping on behalf of the organization.
Unfortunately, a manager who resigns without the consent of the owner will not be able to make changes to the Unified State Register of Legal Entities, and until a new director is appointed, he will be listed in the Unified Register as the head of the organization.

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

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

There are different bosses: black, white, red.

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

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

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

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

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

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

What if you have to cooperate with the old one?

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

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

I once witnessed a disgusting picture of the departure of one of my colleagues, who did not know how to properly quit his job.

, so I started a most disgusting scandal in the office.

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

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