Is it possible to send a resignation letter by email: is it legal?

Anything can happen in life. It happens that both the team and the management of the native enterprise oppress a person so much that there is no strength for further communication with the mentioned elements of objective reality, given in painful sensations.

In such severe and advanced cases, dismissal by mail comes to the aid of the employee, although this term is not entirely accurate. Of course, the act of dismissal itself takes place in the usual bureaucratic format, and the organization receives a notification from the employee by mail, or rather, a statement of resignation of his own free will.

Normative base

In the labor legislation of the Russian Federation there is no prohibition on terminating an employment relationship at one’s own request by sending a letter. On the contrary, regulations establish the procedure for terminating employment relations in a similar way.

Article 80 of the Labor Code of the Russian Federation

So, in Art. 80 of the Labor Code of the Russian Federation states that an employee is obliged to notify management of his intention to resign in writing two weeks in advance. But there is no rule indicating that this must be done in person, that is, you can send a letter of resignation by mail.

In Art. 84.1 of the Labor Code of the Russian Federation states that after an application from an employee is received and a dismissal order is issued, it is mandatory to familiarize the person leaving with this document. But since an employee who decides to resign remotely may be absent from work on the last working day, this should be noted in the order.

After which the document is sent by mail to the employee.

According to the norms of the same article, the employee must be given a work book at the time of dismissal. If it is not possible to do this within the time limits specified by law, the employee needs to be sent a notice that he needs to come for the book or that he must give permission to send the specified document by mail.

What to do with the calculation and work book

If the employee was unable to attend in person and sent his resignation letter by mail, then it is possible that he will also not be able to come to collect his work. In this case, you must send a notification to his address, which should indicate:

  • information about termination of the employment contract: reason and details;
  • an offer to send a work book by mail;
  • please provide written consent for shipment and postal address;
  • information about the operating hours of the personnel service, if the dismissed employee still wants to pick up the work book in person.

Also, on the last day of work, the company must make a settlement with the employee, paying him:

  • wages for days worked;
  • compensation for unused vacation;
  • bonuses, severance pay and other payments provided for by a collective or employment agreement, or other internal regulations of the company.

If you paid wages in cash, then in the above notice add a clause stating that the employee must come during working hours and receive the money from the cash register.

https://youtu.be/FxZtQHR2sN0

In what cases is it allowed

At the legislative level, there is no established list of circumstances under which the right to resign remotely appears. The decision on this method of ending cooperation is made in accordance with the agreement between the employee and management.

Production practice shows that the grounds for such termination of employment relations may be the following:

  • moving to another locality to care for a sick family member or due to the transfer of the husband, who is a career military man, to another unit;
  • remote location of the main office of the enterprise;
  • the decision to end the employment relationship was made during maternity leave or in another city;
  • serious deterioration in health, interfering with the performance of official functions and free movement;
  • conflicts at work and hostile relationships with some colleagues;
  • personal reasons.

Thus, if the management of the organization has agreed, then you can resign by mail, indicating any valid reason.

But sometimes difficulties may arise, for example, persons with financial responsibility will have to visit the workplace to transfer material assets.

Rules for writing farewell letters upon dismissal

The farewell message should be short, succinct and positive.

Think over the content

If you work in a company with several hundred employees, there is no point in writing one long message. Firstly, reading it will take time from people busy with work. Secondly, employees who are unfamiliar with them will not read a long message, even without really knowing the person who wrote it. Therefore, the general letter should contain a number of official theses and gratitude to the team and management.

A longer message can be written for employees in your department or for those with whom you have a warmer relationship. Also in this letter you can show off your eloquence, add a little humor, making the message friendly, not formal. A letter for friends can be sent to the personal mail of those employees you know.

Formatting and sending a notification

What the structure and content of the document should be is not specified in the legislation. But a correctly completed application must contain the following details:

  • last name, first name, patronymic and position of the person the employee is addressing;
  • organization data;
  • surname, name, patronymic and position of the resigning person;
  • document title;
  • notification text;
  • date of writing;
  • employee signature.

All text can be handwritten or typed. If the second option is chosen, then it should be noted that the signature and its transcript must be filled out manually.

The easiest way is to send a fully completed application for resignation of your own free will by mail with notification of delivery to its addressee, and the sender will be given a receipt that confirms the sending of the letter and contains the date of its acceptance by the post office. It is best to send the document by registered mail, and you should also not neglect the preparation of an inventory of the attachment.

Advantages of the method

The advantages of this form of dismissal include the following points:

  1. Unambiguity.
    An application delivered by the postal department cannot be rejected. The fact of delivery of the document will guarantee its acceptance.
  2. No stress.
    There is no need to feel the pangs of anger, shame or embarrassment when submitting an application to the personnel department or directly into the hands of the boss.
  3. The possibility of making an unpleasant surprise.
    The document can be sent by mail while on sick leave or on vacation.

Dating of the document and period of processing

According to Art. 80 of the Labor Code of the Russian Federation, an employee who decides to quit must notify the employer at least two weeks in advance. Accordingly, it is important to determine when sending an application by mail what dismissal date to set.

Two weeks of work begins the next day after the employer receives the notice, and the date of receipt is considered the day on which the incoming document was registered. Thus, you should at least approximately calculate the day the letter was received by the addressee, add at least fourteen calendar days to it and indicate the resulting date in the application.

The work period begins the next day after the employer registers the letter. Before its end, the employee has the right to withdraw the notice, thereby refusing dismissal. And in this case it is impossible to fire him. Exceptions are situations in which, during the same period, another person is invited in writing to fill the position of the resigning person. According to labor laws, this person is prohibited from refusing employment.

If the date of dismissal is not indicated in the document, then the employment contract is terminated two weeks after the employer receives the document. If the date of dismissal is specified, but:

  • the application was received more than fourteen days before it, then the employee should be fired on the day designated by him;
  • the document was received after the specified date, then the person cannot be fired on the day specified by him, since this is prohibited by the Labor Code of the Russian Federation.

The notice period established by law protects the rights of both the employer and the employee. It provides the employee with the opportunity to abandon the intention to terminate the employment relationship.

date of dismissal

When submitting a resignation letter, the employee must comply with the deadlines provided for by law. So you must notify the director of the organization about your resignation at least 2 weeks before the date of dismissal. The countdown of this period begins from the next day after receiving the application from the employee and its registration. If you send a document by email, you can find out the date of its receipt in your incoming messages.

If there are valid reasons indicated, the period of service may be reduced.

Important! Any valid reason is supported by a document that is evidence of the need to reduce or remove the working period.

Read on the topic: Sending a work book by mail upon dismissal

Read on topic: Dismissal at will - new amendments

Possible problems

When sending a document by mail, you may encounter various problems. Thus, the letter may not reach the addressee or may be returned to the sender. In such situations, it is important to know what actions to take to protect your interests.

The shipment did not reach the employer

It happens that the letter does not reach the addressee. In this case, the employee will have to prove that the document was actually sent, and for this it is necessary:

  • send a registered letter with notification;
  • fill out the investment inventory.

If the addressee refused to receive the shipment, then you should take a confirmation from the post office indicating this fact.

It will help confirm that the employer has been notified of the employee's intention to resign. This means that after the expiration of the notice period, the employee can consider himself dismissed. In addition, at the same time, the employer begins to bear responsibility for the untimely issuance of the work book and delay in payment.

In cases where the employee completed all the required procedures as needed, but the letter did not arrive, then the blame falls on the Federal State Unitary Enterprise Russian Post. Since the employer, on the employee’s last working day, must familiarize him with the dismissal order against his signature, hand him a work book, and also fully pay the resigning employee, the person has the right to stop working as soon as the notice period ends. Otherwise, the contract will be extended.

The letter was returned to the sender

When using the remote method to complete an employment relationship, you should keep in mind that sometimes letters are returned to the sender. This means that an application sent by mail can also be returned.

This usually happens for the following reasons:

  • return upon shipment;
  • an error by the employees of the post office that serves the addressee;
  • conscious refusal by the employer to receive the letter.

If the document is returned, then the quitter needs to find out from the employer and postal operators the reasons for the return, and then try to resolve the issue with management in his favor. If the employer refuses to terminate the contract, it is necessary to send a notice by telegram or repeat the procedure for sending it by registered mail. If the employer refuses to receive the document, the delivery date will be stamped at the post office.

The countdown of the two-week period begins on the next day after the date of delivery of the letter. If, after the expiration of the notice period, the employer does not issue a work book and final payment, then they can be claimed through the court.

How to make an application

The application must be submitted in a Microsoft World document in doc format. There is no single template established at the legislative level, which allows the employee to draw it up in any form. In this case, the following information must be reflected in the document:

  • exact name of the organization;
  • position and full name of the person in whose name the document is drawn up. Usually the director of the organization is indicated;
  • structural unit, position and full name of the applicant;
  • document name – “Application”;
  • the employee’s request to terminate the employment relationship at his request. In this paragraph, the employee can indicate the desired date of dismissal. In addition, if an employee has valid reasons for not undergoing training, he can inform the manager about this. For example, “I ask you to dismiss me voluntarily on August 14, 2018, without working time due to the need to care for a child.”

It is important to know! If an employee knows that he will not be able to personally attend the dismissal, then he can express a request in a statement to send all documents by mail. In such a situation, the employer must send the work book and other documents by mail on the last day using registered mail with acknowledgment of receipt.

At the end of the document there must be a date of its preparation, as well as a digital, notarized signature of the employee, without which the application has no legal force.

Sample letter of resignation at own request

Before sending a document, the employee must make sure that the organization has an email address, and also find out the exact address for sending.

It is important to know! During the entire two-week period, the employee has the right to withdraw the application. This can also be done by e-mail, by submitting another application requesting cancellation of the previous document. In this situation, a certified digital signature of the applicant is also required.

The employer did not receive a withdrawal of the application

During the service period, the employee can change his decision and send a letter to the manager withdrawing his resignation letter. Sometimes such a letter is late, that is, it arrives at the addressee after the order has been issued.

In such cases, the legality of the employee’s dismissal is determined based on the date of receipt of the letter of revocation.

If the manager receives a review after the warning period has expired, then the dismissal is considered legal. But to do this, the employer must have time to make the final payment, issue the employee a work book, as well as other necessary documents.

https://youtu.be/TVn-nc9-qbA

By carrying out all these procedures on time, the employer will be able to avoid the unpleasant situation in which the employee will have the opportunity to send a withdrawal of the application at the last moment. Thus, all risks arising from untimely receipt of feedback are borne by the person leaving.

Sample resignation letter to clients

A farewell letter can hardly be called a business document, however, it is firmly entrenched in the environment of business non-commercial documents.

A farewell letter has several purposes: With one letter, you save yourself from the fate of being attacked dozens of times a day by the same questions caused by your departure.

Nobody knows how your career path will turn out.

Surely maintaining contact with former colleagues will play an important role in it. The departing employee needs to symbolically end his tenure with the company, otherwise he will not be able to fully realize that he is no longer an employee. A farewell letter can just become a point in a segment of a career path.

Regardless of whether you work for a large company or not, it is best to start your letter with official information: “Dear colleagues! I would like to warn you that as of (date of your dismissal) I am leaving (name of company), where I performed (brief description of your responsibilities) as (job title). My duties will now be performed by (name, surname).

Its coordinates It is considered good form to sum up the results of joint work.

If during your time at the company you have had the opportunity to participate in successful projects with colleagues, be sure to remind them of this.

Such a paragraph in your letter will help you correctly evaluate your professional achievements. And your colleagues will associate your image with their own successes and evoke more pleasant memories.

In addition to the official part, a letter can also have an emotional component. After you have informed about the necessary organizational issues, it would not be amiss to express your gratitude to your colleagues and wish them good luck.

Be sure to express your hope for further communication and do not forget to leave your contact information to your colleagues.

There is a good chance that many employees do not know the reason for your departure. In a farewell letter, you have the opportunity to interpret the situation favorably for yourself and block negative rumors and speculation. In the future, if former employees recommend you, they will use this “official” version.

Dismissal by email

Federal Law No. 63-FZ dated April 6, 2011 stipulates that an electronic document with an electronic signature is equivalent to a document on paper.
Thus, any employee who has a digital signature has the opportunity to resign via email. You can even use corporate email to terminate an employment contract. If you choose any of these delivery methods, in order to legally submit your resignation letter, it must be properly completed, signed, and sent to the employer's email address. It must be remembered that a document without an employee’s electronic signature will not be considered valid.

How to resign while in another city, is it possible by phone?

Labor legislation allows citizens to dismiss themselves at will without visiting their place of work. Article 80 of the Labor Code of the Russian Federation regulates the termination of a contract at the will of the employee, including remotely. The procedure starts after informing the management of the enterprise about your decision within the period specified by law.

Mostly this working period is 14 days, but in some cases it can be shortened or increased.

It turns out that if an employee remotely notifies the employer of his resignation, he is still obliged to come to the enterprise and work for the specified period.

The duration of the notification period depends on the circumstances and is determined by the Labor Code of the Russian Federation:

  • 2 weeks is the standard period (Article 80 of the Labor Code of the Russian Federation).
  • 3 days - when staying on a probationary period (Article 71 of the Labor Code).
  • 3 days - for seasonal employment (Article 296 of the Labor Code).
  • 3 days - when drawing up an agreement for a period of up to 2 months (Article 292 of the Labor Code).
  • 1 month - for the head of the organization (Article 280 of the Labor Code).
  • 1 month - for coaches, athletes with a contract valid for more than 4 months. In this case, it is possible to increase the period (Article 348.12).

You can resign without working off by agreement with the employer or for good reasons specified in Art. 80 Labor Code of the Russian Federation:

  • upon admission to an educational institution;
  • upon retirement;
  • when the management of the organization violates legal norms.

There may be other cases that allow leaving without work, when work activity becomes impossible - when:

  • moving;
  • conscription into the army;
  • receiving disability;
  • development of occupational pathologies and so on.

A citizen who is on vacation or sick leave has the right to resign without visiting the employer and working off work, since this period is counted towards the designated notification period.

If an employee works remotely, the standard legislation also applies to him; additional conditions may be provided for in the employment agreement. Dismissal at the request of the employee is possible on the basis of a statement informing the manager about the decision made within the period specified by law.

Features of labor regulation for remote workers are presented in Chapter. 49.1 Labor Code of the Russian Federation.

Often a person decides to quit without visiting the employer due to life circumstances or the remote nature of work. Common reasons include conflicts with management, relocation, and illness. If work is not required, the parties only have to exchange the documentation necessary to carry out the procedure.

Informing the employer upon remote termination of the contract is carried out:

  • through an intermediary acting under a power of attorney;
  • by regular mail;
  • by email.

The law stipulates that written notification to management is mandatory, so verbal warnings (for example, by telephone) are unacceptable. In the event of further disputes, only a written statement will help protect the employee’s rights.

Information provided through instant messengers, SMS and other similar services is also not official, since it is not possible to reliably confirm the identity of the applicant.

Remote dismissal is recommended to be used under compelling circumstances due to its disadvantages:

  1. The risk of illegal dismissal - if the application is submitted not by the employee, but by a third party. In this case, a trial and a graphological examination are carried out. If the termination of the contract is declared illegal, the employee is reinstated in his position with compensation for forced absence.
  2. Dependence on mail operation - risk of delays, loss of letters.
  3. Duration of the procedure - the reporting period begins on the day following the date of receipt of the notification by the employer.

However, remote termination of the contract is convenient because it allows you to avoid time spent visiting the organization and not having to contact management in case of conflicts.

Advice to the manager

Before dismissing an employee based on an application received by mail, it is better to make sure that it was actually sent by this person. You can call the employee and find out whether he sent a letter notifying him of his dismissal. If this is not possible, then it is recommended to check the signature on the application and the signature of the person resigning on other documents. This procedure will avoid legal proceedings if it turns out that the person did not send the letters.

If the employee has indicated the end date of the employment relationship, the employer may agree with it or refuse to fire the person on the date specified by him.

If the date is not specified, then it is better to check with the employee when he would like to resign. Termination of an employment contract, in which the quitter specified the exact day of dismissal, but the employer did not agree with him and chose the day of dismissal, cannot be regarded as dismissal at the employee’s own request.

According to the legislation of the Russian Federation, each employee can submit an application to terminate the employment relationship at his own request, after which the employer is obliged to dismiss the employee within the established time frame. Sometimes the only method a person can use to notify their employer of their intention to resign is to send a letter. Subject to certain rules, the remote method of dismissal will be as legal as a person’s personal appeal to the employer.

Examples of farewell letters

If you are going to write a letter upon dismissal to colleagues, we will look at an example of a possible message below. We suggest that you familiarize yourself with letters in a business and friendly style, as well as read a letter intended for the head of the company.

It is also worth clarifying that many large companies have approved samples of farewell letters for each specific case. If your company is one of these, then it is worth studying the submitted and approved sample on the corporate blog.

In a formal style

Dear Colleagues! I inform you that after working for 12 years, I decided to quit and try my hand at a new business and in a different organization. I resign of my own free will, without having any complaints against management or my colleagues.

I would like to thank you for your respectful and warm relationship, responsiveness and professionalism when working together. I wish you further success in your work, career growth and well-coordinated teamwork.

Petrov Alexander Yurievich is appointed successor in my place. You can contact him for all work related issues, the transfer of affairs is completed and the person is brought up to date with events.

Once again I thank everyone for their cooperation and wish you success!

In a friendly style

Friends! Today I am leaving our wonderful company and saying goodbye to the team where I have worked for the last 5 years. I am very glad that I was able to gain experience as an accountant and work with such professionals as you.

Writing style

Going to a new company, I will forever remember the years spent with you and I am sure that we will meet many times in a friendly atmosphere and share our experience. My seat will not remain empty and a receiver has already been assigned to it. I hope you will accept a new employee and the team will continue its fruitful work. I am sending you the contact information, phone number and email of my receiver so that you can contact him with any questions regarding work issues.

I would like to express special gratitude to the management of the company and personally to our director Vladimir Anatolyevich for sensitive management, the ability to communicate with the team and the opportunities provided for career growth.

I want to say goodbye on a positive note and wish everyone success and mutual understanding!

Farewell letter for the manager

Dear Boris Mikhailovich!

My full name, I am leaving the company and resigning from my position as an accountant. Having worked under your leadership for more than 10 years, I gained a lot of valuable skills and was able to feel like an important member of the team. Thank you for your responsible approach to business, respectful attitude towards me and my colleagues, compliance with corporate rules in matters of labor assessment and calculations.

All necessary materials and information about the work were transferred by me to the new employee appointed to my position. I will also send you in a separate file the accumulated experience during my service, which may help improve the work of the accounting department, increase labor efficiency, reduce unnecessary costs of doing business and improve office work in a number of other areas.

https://youtu.be/YtZ4NRMinno

Thank you again, success in the development and establishment of your business and other endeavors. You can use these resignation letter examples to co-workers by replacing the company name, adding your name, and making any other edits. In general, writing a farewell message is not difficult, the main thing is to try to put as much information into it as possible, be brief and follow the rules of corporate etiquette. Remember that a farewell letter is a tribute to the team and an opportunity to strengthen your reputation in the field where you work.

Every year, the rules of corporate ethics become more and more closely integrated into the life of companies and business organizations in the Russian Federation. The tradition of farewell messages has taken root and has become an integral part of large corporations, medium and small companies, where they value employees and strive to create healthy relationships in the team.

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Write your question in the form below

Option No. 11

Dear Colleagues!

Yesterday another stage of my life and career ended. Stage associated with work in the housing and communal services department of the Penza region. It was a difficult but most interesting period of my life.

I want to thank both those people who taught me, helped me, walked alongside me all these 6 years, and those who did not let me relax.

Looking back, I must admit that I was not able to accomplish everything I wanted, but there are also results that I will be proud of.

Thanks everyone, and see you again!

Muromov N. P.

Words of gratitude to colleagues at work

Oral version

I, Sidorov Pavel Viktorovich, head of the innovative technologies department of Motor-plus JSC, am leaving my previous place of work due to my retirement.

It seems that just recently I was hired as a laboratory assistant, but 35 years have already flown by. This time was eventful: sensational discoveries were replaced by unsuccessful experiments, ups and downs, each of which provided invaluable professional and personal experience.

I was lucky enough to share the joy of victories and the bitterness of defeats with wonderful people - members of our close-knit team. They generously shared their skills and abilities with me, did not hesitate to point out mistakes, and supported me in moments of despair. It was with their help that I became a world-class specialist.

With great respect, I wish my employees more new creative ideas, boundless faith in the development of our common cause and personal well-being. I hope that our developments with you will contribute to the growth of the enterprise and its prosperity for a long time to come.

Written version

I, Dobrokhotova Marina Petrovna, chief accountant of Firebird LLC, have been promoted and will continue to work as head of the sales department of our enterprise.

I thank all the accounting staff for the trust they have placed in me. In your friendly team, I grew as a specialist and gained invaluable leadership experience. The comfortable atmosphere helped me believe in myself and awakened creative energy.

Let me wish you health, good luck, prosperity and mutual understanding with your new boss.

You can still count on my support and professional assistance.

Marina Dobrokhotova, [email protected]

Letter to clients about employee dismissal

> > Also, a farewell letter can be addressed to clients and customers with whom you want to maintain good business relationships. An important clarification: if the letter is addressed to a group of employees, then it should be indicated in the address, without listing specific names, and if the recipient is a manager, then he must be addressed by his first name and patronymic.

In fact, the style of a farewell letter can be very different - here the imagination and capabilities of the resigning employee are not limited in any way. Among other things, the form in which the letter is submitted may largely depend on the reason for dismissal.

For example, if a dismissal occurred due to inadequacy of the position held, you can compose a humorous message, with an emphasis on thanking colleagues for their help in understanding that this job is not suitable for the author of the message. Info In the last letter, light, delicate humor is quite acceptable.

  1. Pleasant future events, such as the birth of a child, are also mentioned in passing. The farewell letter should not contain boasting, gloating, or expressions of superiority.
  2. A ban on expressing grievances, anger, or anything painful about colleagues, management, and the company as a whole.
  3. Prohibition on calling for dismissal of other employees and advertising a future place of work.
  4. Lack of criticism or presenting it as proposed opportunities for the development of the company. This emphasizes the competence and integrity of an almost former employee of the company.

A letter to employees upon dismissal is not a strict document, but has a mandatory structure:

  1. Indicate the name and position of the sender at the beginning of the letter.

Writing a letter will not only allow you to say goodbye to colleagues, but will also help a person answer the questions of why he wants to leave, what he has achieved in this place and what he is striving for.

It is psychologically difficult for many people to come up with the text of the last letter to colleagues upon dismissal. The reason lies in the fear of change, which is common to all people.

How to send a goodbye letter

The easiest and fastest way is to send a mass mailing via email. This will allow you to reach the largest possible range of recipients and bring to their attention the necessary information. You can also use fax forwarding or sending via Russian Post (the second option is suitable in cases where informing the interested party is of an official nature).

And although both of these methods have been used extremely rarely in recent years, they also find their users.

Why and when to write a farewell letter to colleagues

By and large, the main task of such a message is one: to inform colleagues, colleagues, partners, etc. about dismissal. In addition, the letter quite often indicates a new place of work (to maintain business contacts in the future), as well as information about the successor.

Warm, friendly words addressed to former colleagues allow you to maintain good relations with them, which, in turn, can be of great importance for the future career of the departing employee.

It is customary to write farewell letters in the following cases:

  • Change of place of work.
  • Transfer to another department.
  • Changes (promotion or demotion) of position.
  • Retirement.
  • Taking long-term leave related to the future birth of a child.
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