The order of dismissal at will: advice of a lawyer

Every subordinate, however much he is attached to the work, has the full right to dismiss 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 order of 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 to prove in court the fact of someone else's will will be quite difficult. In the judicial practice, there are still examples where the illegal actions of the leadership could be proved, but it is better not to do it initially.

2. The procedure for dismissal at own will after writing a statement is to submit it to the head. 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 based on the current legislation.

Nuances of the termination procedure

We recommend planning the date of your dismissal in advance, since the manager has the right to demand the work of another 14 or fewer days (the main thing is 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 entered a university, he reached retirement age, he had 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 hired laborer is supposed to be dismissed on the day indicated in his application.

It is also important that the employee has the right to change his mind about resigning before the date of the order on leaving. Notify the director of this at any time during the two-week period for completion. An exception may be only 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, the order of dismissal on its own 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.