The order of dismissal at will: advice of a lawyer
Every subordinate, however much he may betied to work, has every right to be dismissed on personal 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 external simplicity, the legislation regulates a special procedure for dismissal on their own.
Stages of the dismissal procedure
In order to say goodbye to the employer, you will have to go through all the necessary steps for this, which are envisaged by the RF LC:
1. The first step to dismissal is a statement of resignation. The main thing is that your desire to become free comes from you personally, and not because of threats or requests from your boss. If you write a statement of resignation at the direction of the leadership, then it will be difficult to prove in court the fact of someone else's will. In judicial practice, nevertheless, there are examples where the illegal actions of the leadership could be proved, but it is better not to do it initially.
2. The order of dismissal at own will after writing the application consists in its submission to the chief. If the director is not very happy with your intention to leave, and you have not reached an agreement on this, it is possible that he may refuse to accept your application. In such a situation, lawyers advise sending such a document by mail.
3. After acceptance of the application for dismissal, the employer must issue an appropriate order. This document is issued strictly on the day the employee leaves.
4. Further, the order of dismissal at will is 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, according to clause 3 of Part 1 of Article 77 of the Labor Code).5. In addition, the employee must make a calculation. In such a calculation, payment for unused vacation is necessarily included. The accrual procedure is carried out on the basis of the current legislation.
Nuances of the dismissal procedure
We recommend planning the date of your dismissalin advance, since the manager has the right to demand the work of another 14 or fewer days (most importantly - no more). In some situations, the employer is required to terminate the contract with the subordinate at the time specified by him. For example, if an employee has entered a university, has reached retirement age, is forced to move to another city, etc.
It is also worth remembering that an unauthorized change in the date of dismissal is not part of the employer's rights and obligations. The wage-worker is to be dismissed on the day indicated in his application.
It is also important that before the day of the issuance of thecare officer has the right to change his mind to resign. Notify the director of this at any time during the two-week period for completion. An exception can only be the option when you have already been invited to a new employee, and if such an invitation was made in writing.
As we see, despite its simplicity, orderThe dismissal of his own will has pitfalls. Therefore, if you have a conflict with the employer about your future care, do not act on the basis of emotions, be guided solely by law. Only in this way can you save time and avoid negative consequences.