Application for dismissal at will - the key document in the process of termination of the employment contract

Today it is rare enough to find someone who works all his life at the same place of work. As folk wisdom says, "a person seeks where better", and therefore quite often, having worked for a certain period of time at one enterprise, one can find for himself a more promising place of work, a highly paid position or an interesting field of activity. And it is in such situations that it is necessary to resort to the procedure for termination of work at this enterprise - dismissal. Analyzing the statistical data, it is easy to see that the overwhelming number of termination of the employment contract is the dismissal of one's own volition. An example of a typical termination of a work activity is presented in the labor code, but in reality, sometimes there are moments that are non-standard, and in such situations it is important to correctly handle the legal norms governing the process of termination of an employment contract.

Application for dismissal at will - a document that notifies the employer of the employee's intention to stop working. This document is a very important piece of paper. It is she who further regulates the reference dates for the period of working off, the issuance of the work record book and the dismissal. It is important to remember that this application is an official notification of the employer about the intention to stop working at its enterprise, and therefore the mandatory period during which the employee is obliged to continue working on the company's demand is two weeks. Of course, if a new employee is found for a vacant position, dismissal may occur earlier.

As stated above, the application for dismissal at will determines the dates of final calculation and dismissal. According to the LC of the Russian Federation, the final settlement is made no later than 14 days after the day following the date of writing the application. It is worth noting that on the day of the calculation the employee is issued his work book and other personal documents, which he sent to the personnel department (personnel), accounts department or other subdivisions of the enterprise. It is noteworthy that every day of delay in the issuance of at least one personal document is considered to be a violation of the law, and the employer bears material responsibility for this violation in the amount of lost earnings for each day of delay. Such sanctions are prescribed in Article 234 of the Labor Code of the Russian Federation, which considers the delay in the return of documents as an illegal deprivation of the employee's ability to work.

The application for dismissal of one's own will need not be handed over personally to the employer: this document may be sent to the CEO by mail or fax, however such paper may be invalidated if the employer has doubts about the authenticity of the signature.

In conclusion, we note some provisions that are specified in the Labor Code, but are often violated in the process of filling out the dismissal. The application for dismissal at will is a document in which the employee is not obliged to indicate other reasons for his intention to terminate the employment contract with the exception of "on his own". Such a statement is an initiative of an employee, and no one has the right to refuse termination of employment . In addition, very carefully it is necessary to trace the process of final settlement with the employee. Very often employers refuse to compensate for unused vacation days, but the law clearly states that all unused, but payable rest is obligatory given to the employee in cash equivalent.

So, the termination of labor relations is a simple process and quite clearly spelled out in the labor legislation, which regulates both the procedure and the statement itself. Dismissal at will will be simple and quick, if all the requirements of regulatory documents are met, not only by the employee, but also by the employer.