How to leave the union, sample application and consequences

The role of the trade union

A trade union is an independent body created by company employees to protect their rights and interests.

Trade union organizations have varying degrees of influence on the activities of an enterprise. Quite often their competence includes:

approval or prohibition of employer initiatives,
familiarization and verification of internal administrative documentation,
control over the legality of applying disciplinary sanctions,
layoffs or reductions of employees,
reduction of wages,
transfer to another position with demotion, etc.

Each trade union has its own charter and an employee who wants to join the ranks of its members must familiarize himself with it. This document contains a complete list of all types of support that the union provides to its members, and also, among other things, determines the procedure for joining and leaving the union, the timing of consideration of submitted applications and the specific persons who are involved in resolving these issues.

Reasons for leaving

Based on numerous surveys of union members, we can determine a list of the main reasons for leaving the union:

Lack of voluntary desire to make contributions.
Lack of assistance from the union.
An attitude towards reporting on the use of an organization's funds based on mistrust.
Absence of stated benefits in relation to trade union members in the contract.
Personal negative attitude and lack of trust directly towards the leadership of the union.

Most often, these are the reasons that force workers to leave the trade union committee. They do not observe the expediency of their own stay in it.

Who can join a trade union

Almost any employee of an organization can join a trade union.

This is a purely voluntary matter and is carried out very simply - by writing an application in free form.

An employee who joins a trade union automatically assumes certain obligations and also makes monthly special contributions. The amount of contributions is determined individually in each company and, as a rule, does not exceed one or two percent of the salary or wages.

Each trade union member receives a membership card in a special form approved within the trade union committee.

Important points

To avoid losing the application, the document must be delivered to the union chairman in person.

If the trade union has an accounting department independent of the enterprise, writing a second statement is not mandatory.

After registering the application, the issue can be considered closed. It is not necessary to hold a general meeting on the issue of an employee leaving the trade union.

When submitting a document to leave the union, the employee must have his membership card with him. As a rule, the application must be considered within a month. Therefore, if for any reason you need to resolve this issue as quickly as possible, you should indicate the date the application was written rather than leaving a blank space.

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Drawing up an application to leave the trade union organization is the final point in the relationship between the employee and this professional community. Trade unions are not present in all companies - as a rule, they are present only in large commercial enterprises, where there are a large number of personnel, and in government institutions.

After leaving the union

Before leaving a trade union organization, each employee must carefully weigh all the pros and cons. It should be remembered that after writing an application, the right to free legal advice and other types of assistance in any labor disputes with the employer, assistance in solving social problems and financial difficulties is lost. In addition, an employee who is not a member of a trade union organization is deprived of various types of insurance, interest-free loans and borrowings and similar preferences.

Employees who are not members of a trade union can legally resolve all conflicts and disagreements with the employer exclusively with the help of labor inspectorates or civil courts.

Existing order

Exit from such an association occurs according to a certain procedure, which is often prescribed in the statutory documentation.

Most often, in order to cease being a member of a trade union, it is enough to fulfill the following conditions:

it is necessary to study in detail the provisions of the Federal Law of the Russian Federation “On Trade Unions”. This will help you find out what rights a person has, as well as study the language that can be used as a reason for leaving a union membership;
Next, a statement is immediately drawn up in free form, indicating the reasons;
after that, you just have to wait for management to consider this application.

Before taking such a step, it is recommended to weigh the pros and cons. This will help avoid unpleasant situations in the future.

Despite the fact that trade unions in some cases can significantly help when a conflict arises with the management of an enterprise. If the representatives of the management of the employees' association are a responsible person who understands the importance of its structure, then he will defend the legal rights of trade union members to the very end.

Rules for writing and completing an application

Today there is no single unified application form for leaving the trade union, so each person can write it in any form or according to a model developed and approved within a specific trade union organization. Moreover, regardless of which option is used, the document must include:

information about the company to which the trade union belongs,
Full name of its manager,
information about the applicant himself.

Further, in addition to the actual application to resign from the membership of the trade union committee, you should indicate a request to stop withholding contributions (it should also be duplicated in a special application to the accounting department, which directly collects contributions to the trade union organization) and, if necessary, the reasons for this action.

If any additional papers are attached to the document, this must also be reflected in its contents.

The application is written in two copies ,

one of which should be certified by the secretary of the trade union cell and kept,
and transfer the second to the trade union.

After the application is accepted, it is registered in a special journal of incoming documentation, and after losing its relevance, it is transferred for storage to the archives of the trade union committee.

The trade union does not have the right to refuse to accept an application, but it is obliged to consider it either within the time limits established in its Charter, or during the period specified by the applicant (provided that he gives some compelling justification for this).

How can a trade union chairman leave the union?

A trade union is an independent body created by company employees to protect their rights and interests.

Trade union organizations have varying degrees of influence on the activities of an enterprise. Quite often their competence includes:

approval or prohibition of employer initiatives,
familiarization and verification of internal administrative documentation,
control over the legality of applying disciplinary sanctions,
layoffs or reductions of employees,
reduction of wages,
transfer to another position with demotion, etc.

Almost any employee of an organization can join a trade union.

This is a purely voluntary matter and is carried out very simply - by writing an application in free form.

Each trade union member receives a membership card in a special form approved within the trade union committee.

If everything is clear with joining a trade union - every employee is interested in having his rights further protected, then with leaving this organization the situation is somewhat different. The reasons for this can be very different. As practice shows, most often it is:

little authority of the leadership of the trade union cell,
lack of results of his activities,
reluctance of workers to pay regular contributions.

Employees who are not members of a trade union can legally resolve all conflicts and disagreements with the employer exclusively with the help of labor inspectorates or civil courts.

information about the company to which the trade union belongs,
Full name of its manager,
information about the applicant himself.

If any additional papers are attached to the document, this must also be reflected in its contents.

The application is written in two copies ,

one of which should be certified by the secretary of the trade union cell and kept,
and transfer the second to the trade union.

This document has a standard form and structure from a paperwork point of view, so it should not cause any particular difficulties.

First of all, several lines are allocated on the left or right (it does not matter) for entering data about the addressee and the applicant. This includes:
last name, first name and patronymic name of its leader,
personal information about the employee: his position and full name.
Then in the middle of the line the word “Statement” is written.
Then, in the main part, the actual request for withdrawal from trade union membership is indicated.

If there is an urgent need to leave the union, this must be noted, indicating the justifying circumstances (preferably with copies of documents attached) and the date on which this procedure requires to be carried out.

Finally, the application must be signed with a transcript and dated the day of submission.

A member of the OU trade union committee was elected at a reporting and election meeting. What is the procedure for leaving a union member?

Dear Galina, a member of the trade union committee is not obliged to leave the union. A trade union is a voluntary public association of citizens bound by common production and professional interests in the nature of their activities, created for the purpose of representing and protecting their social and labor rights and interests. Withdrawal from its membership is also voluntary based on a submitted application.

The chairman of the trade union in whose name he writes a statement of resignation from it.

Hello! What's the question?

I wrote a statement that, in connection with leaving the union, to stop withholding professional fees from 01/01/2019. I wrote the statement on January 31, 2020.

The chairman of the trade union committee answered me that the deductions will stop only on February 1st. He explains this in such a way that I have a month to think about it. And he will schedule a meeting of the trade union committee where the members of this committee will sign a protocol on my resignation.

Is this legal? Why is my application not being accepted and deductions not being stopped since 01/01/2019?

Dear Anna, the conditions and procedure for forming a trade union, becoming a member of the trade union and leaving it, the rights and obligations of trade union members, the procedure for paying entrance and membership fees are established by the Charter of the trade union. Therefore, the answer to your question can be found in the Charter of the trade union, since federal law provides for the establishment of the organization. Federal Law of January 12, 1996 N 10-FZ (as amended on July 3, 2016) “On trade unions, their rights and guarantees of activity” (as amended and supplemented, entered into force on January 1, 2017)

I wrote a statement addressed to the director of the company that, in connection with leaving the union, to stop withholding professional contributions from 01/01/2019. But the chairman of the committee says that there will be a meeting of the trade union committee and the deductions will stop only on March 1?

Hello. From the moment your application is registered, you are free.

In a kindergarten, the chairman of the trade union refuses to leave the trade union organization. They are intimidated that the salary will be less.

Payment cannot depend in any way on union membership.

Trade union is voluntary

public association of citizens, as provided for in Art. 2 of Law No. 10-FZ “On Trade Unions. “. Accordingly, the worker also has the right to voluntarily leave this association. Compose an application in any form and request that your copy be marked upon receipt. Nobody has the right to hold you back. In this regard, wages cannot become less, because determined by the employment contract. Again, contributions will not be withheld. But on the other hand, it is worth paying attention to who is the chairman of the trade union (in particular, his position, his relationship with the head of the enterprise); in such a situation, one can expect a reduction in bonuses or a reduction in bonuses, because This is entirely at the discretion of the employer. In addition, in the event of labor disputes, you will not be able to claim the participation of a representative. In the end, of course, it’s up to you to evaluate all of the above, taking into account the actual circumstances (using my own example, I didn’t receive anything from the trade union, even when a terrible tragedy occurred in the family).

Example of an application to leave the union

This document has a standard form and structure from a paperwork point of view, so it should not cause any particular difficulties.

First of all, several lines are allocated on the left or right (it does not matter) for entering data about the addressee and the applicant. This includes:
last name, first name and patronymic name of its leader,
personal information about the employee: his position and full name.
Then in the middle of the line the word “Statement” is written.
Then, in the main part, the actual request for withdrawal from trade union membership is indicated.
If there is an urgent need to leave the union, this must be noted, indicating the justifying circumstances (preferably with copies of documents attached) and the date on which this procedure requires to be carried out.
Finally, the application must be signed with a transcript and dated the day of submission.

The procedure for leaving a trade union or organization and a sample application

In order to begin the process of leaving the union you need:

Familiarize yourself with the law “On Trade Unions...” in order to know your rights and the wording that is used as a basis for termination of participation in the union;
Make an application;
Wait a month.

When an employee leaves or moves to another position, a letter of recommendation is required. How to compose it correctly - read this article.

Goals of the trade union organization.
The organization's charter, which the employee must read before submitting the application, must state in whose name it is being drawn up. There must be two statements:

The first is to the head of the trade union. If there is none, then to another person who manages personnel matters;
The second application is submitted to the organization's accounting department.

There are situations in which employees' wages are delayed. This delay must be compensated. How to calculate compensation for delayed payment of wages can be found here.

The majority of both commercial and state-owned enterprises and organizations are part of a developed system of workers' trade unions. Such structures unite workers based on professional characteristics. The main task of trade unions is to defend the rights of their members, as well as resolve various disputes in their favor.

At the same time, it is worth noting that most often, this system works unilaterally and only in difficult situations is the work of this organization felt. Therefore, many believe that they are simply scamming people out of membership fees. In such conditions, workers do not notice any help and support from trade unions. This forces many to think about the possibility of leaving such structures.

Joining a workers' union is a purely voluntary action. It is for this reason that every person has the right to leave such a structure. After this, the person takes full responsibility for defending his own rights in the event of controversial situations and conflicts with his superiors.

To do this, the employee just needs to draw up a corresponding statement, where he expresses his desire to resign from being a member of the workers' trade union. In this document, a person’s desire must be expressed in free form.

Before starting to compile this paper, it is recommended to study the regulatory framework of the enterprise in which the person works.

Often, the activities of trade unions are fully regulated by the charter and individual regulations. This regulatory documentation must be drawn up in accordance with the Federal Law of the Russian Federation “On Trade Unions”.

These documents also indicate the principle of leaving the union membership. The wording in such acts can be used as arguments for leaving this structure. In addition, the charter specifies the time frame for consideration of this application.

The main reasons for people leaving trade unions and their reluctance to become members of such associations include:

the need for regular payment of membership fees;
lack of real advantages of trade union members over other workers who are not members of such workers' associations;
certain doubts regarding the competence and integrity of the people involved in managing this structure.

Most often, the application is processed within 30 days. If a person is not satisfied with such a long period, then he must indicate in his application the exact date of leaving the organization and the reasons for such an immediate decision. In this case, the trade union management must consider the application before the date specified in it.

No one can oblige a person to remain a member of an employee association. At the same time, one must remember that any problems and conflicts with employers will be resolved by the person independently, which in some situations is not to his advantage.

If an employee nevertheless decides to leave the union, he will be left alone with his problems. It will be especially difficult for a person in the following situations:

challenge unjustified dismissal;
pair various financial penalties;
fight against unlawful actions of management regarding deprivation of bonuses or unjustified reductions in wages.

Exit from such an association occurs according to a certain procedure, which is often prescribed in the statutory documentation.

We invite you to read: The donor donated blood on a day off when he was legally entitled to leave

Most often, in order to cease being a member of a trade union, it is enough to fulfill the following conditions:

it is necessary to study in detail the provisions of the Federal Law of the Russian Federation “On Trade Unions”. This will help you find out what rights a person has, as well as study the language that can be used as a reason for leaving a union membership;
Next, a statement is immediately drawn up in free form, indicating the reasons;
after that, you just have to wait for management to consider this application.

Before taking such a step, it is recommended to weigh the pros and cons. This will help avoid unpleasant situations in the future.

The organization's statutory documents, which are recommended for the employee to study before drawing up and submitting an application, indicate information about who exactly such a paper is being written to.

In total you need to make two statements:

the first copy is drawn up in the name of the manager of the trade union association. If such an official is absent, then the paper is submitted to another official responsible for personnel matters;
the second copy is submitted to the accounting department of the enterprise where the employee works.

In some situations, the unscrupulous leadership of such associations categorically refuses to accept and consider such applications. In this case, we are talking about exceeding official authority, which is the basis for contacting law enforcement agencies.

By and large, there is no standard form for such a statement. It should be drawn up in free form, indicating all the factors that serve as reasons for leaving the trade union.

It is important to remember that despite the free form of compilation, the following information must be entered into this document:

the final destination is indicated. Such a person can be either the manager of the trade union committee or another official who performs his duties;
personal data of the worker who has expressed a desire to leave the ranks of the trade union members: full name and title of the position held;
Next should be the text of the statement itself. It begins with the following words: “I ask you to remove me from the lists of members of the trade union.” Next, indicate the full name of the place of work.

Just below the text of the application in the left corner, you need to indicate the date the paper was drawn up. On the right side is the applicant’s signature with a decoding of his identity.

The second form, which will be submitted to the accounting department of the enterprise, is drawn up in a similar way. The only difference will be the submission of a request to stop deductions from wages to the union fund.

In addition to submitting such an application, the person is required to surrender their membership card. After one calendar year has passed since the person left the trade union, his registration card, as well as his membership card, will be destroyed. Often these issues are dealt with in the trade union committee.

If the leadership of the trade union is adequate, then no special problems with leaving such an association should arise. True, sometimes situations occur when the leadership of such organizations does their best to prevent the reduction of membership, because this directly affects the size of the funds.

After a person officially ceases to be a member of the trade union committee, he will be deprived of the right to claim certain benefits if they apply exclusively to trade union members.

It is also worth considering the fact that a person is deprived of legal support from the trade union in the event of conflict situations between him and his employer. A union membership card often helps to defend your rights in case of unfair treatment by management and its unlawful actions.

An employee will be deprived of the following benefits upon leaving the trade union:

he will not be able to receive free legal advice regarding interaction with the employer;
Free legal assistance on labor law issues will also not be available to him;
it is not possible to obtain an interest-free loan from the workers' association fund;
insurance will not apply to the employee’s family members and himself;
a person will not be able to receive preferential vouchers for health improvement;
also, the worker will not receive financial assistance if necessary.

So a person must first weigh the pros and cons before making a final decision.

This video contains useful information about the trade union organization.