Labor Code, paragraph 3, part 1, article 80. Dismissal of one's own free will - registration rules and disputes. Voluntary dismissal

Please clarify which article of the Labor Code of the Russian Federation should be referred to when dismissing an employee for own will- paragraph 3 of Art. 77 or art. 80 of the Labor Code of the Russian Federation?

Indeed, the question of which article of the Labor Code of the Russian Federation should be referred to when dismissing an employee of his own free will arises very often. The answer to it was given in the Rules for the maintenance and storage of work books, the production of work book forms and the provision of employers with them, approved. Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”.

Paragraph 15 of the Rules establishes that upon termination employment contract on the grounds provided for by Art. 77 of the Labor Code of the Russian Federation (with the exception of cases of termination of the employment contract at the initiative of the employer and due to circumstances beyond the control of the parties (clauses 4 and 10 of this article)), in work book an entry is made about the dismissal (termination of the employment contract) with reference to the relevant paragraph of this article.

Decree of the Ministry of Labor of Russia dated 10.10.03 No. 69 approved the Instruction for filling out work books, in clause 5.2 of which an example of filling out a work book when an employee is dismissed is given. This Instruction also provides that upon termination of an employment contract on the grounds provided for in Art. 77 of the Labor Code of the Russian Federation, an entry is made in the work book about the dismissal (termination of the employment contract) with reference to the corresponding paragraph of this article.

For example: “Fired of his own free will, paragraph 3 of Article 77 Labor Code Russian Federation». Thus, at present, when an employee is dismissed of his own free will, a reference to paragraph 3 of Art. 77 of the Labor Code of the Russian Federation.

ON THE. PANOVA, early otd. counseling and legal protection of the Moscow City Center "Protection"

Clause 3, Part 1, Art. 77 Labor Code of the Russian Federation

part 1 in 2007 (date of publication) has not been written yet

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Not always after getting a job, employees like working conditions, and after a while they think about dismissal.

It is estimated that more than half of the terminations of employment contracts are voluntary.

This procedure has been around for many years, however, in order for everything to go smoothly, you need to follow a few clear rules.

What do you need to know?

When applying for a voluntary resignation, there are many factors to consider.

Most of them are set out in legislation and spelled out in the Labor Code. However, there are some points, as well as situations that are not in the laws, but they are still worth mentioning.

Law

Voluntary dismissal by an employee is interpreted in the legislation as “at the initiative of the employee”.

Main legal regulations on this issue contains article 80 of the Labor Code of the Russian Federation, as well as article 77 of the Labor Code of the Russian Federation.

Voluntary dismissal

Voluntary dismissal can be issued for many reasons.

At the same time, employees who leave do not always know the rules by which the process takes place, which unscrupulous employers can take advantage of. For example, not everyone is supposed to work out the established two-week period.

Without working out

Working off is considered a two-week period after the submission of a written application for dismissal.

However, there are several circumstances according to which an employee has the right not to go to work until the day of dismissal:

if he is a student in an educational institution;
when leaving for retirement;
if the employer violated the Labor Code, and the violation was established;
if it is known that the employee's spouse is being transferred to a new location located abroad;
if the dismissal is related to the move;
in the presence of sick leave;
in the presence of medical document, according to which it is harmful for the worker to stay and live in the area where the company is located;
if an employee needs to take care of a child under 14 years of age or a disabled person;
if the person leaving is disabled;
if the employee has at least three children under 16 years of age or students under 18 years of age.

If at least one of the listed factors is present at the time of application, then it must be documented.

During vacation

In the case of dismissal during vacation, the employee may also not work for a two-week period. In this case, the day of dismissal will be considered the last day of vacation.

At the same time, it doesn’t even matter how soon it ends - anyway, on his last day, the employee must be fired.

During sick leave

As mentioned above, an employee who is on sick leave has every right not to appear at work.

Working off is also included in the sick leave, due to which there is no shift in the day of dismissal.

Therefore, the employer has no reason to force the employee to work on sick leave for the last weeks.

At the same time, calculations with sick leave must also be made, but within ten days and after receiving it. But payouts should be expected closer to the day of receipt wages, which is installed in the company.

On probation

During probationary period the employee is required to report for work, but its period is significantly reduced.

In this case, the employee can notify the employer of his resignation three days before the dismissal. At the same time, the manager does not have the right to insist on a longer working period.

How is dismissal formalized by agreement of the parties in 2017? Look here.

Registration procedure

During the registration of the dismissal, it is also necessary to follow a number of rules, as well as the procedure so that there are no controversial issues, and the whole process goes in the most successful way.

But it is worth preparing for some surprises that may arise from the employer.

Supervisor Notice

Before leaving, the first step is to notify your supervisor.

To do this, an application is drawn up and submitted to the HR department or directly to the head of the organization.

The application must be submitted no later than 14 days before the date of dismissal.

Statement

In order for the employer not to have grounds for refusal, you should fill out an application for dismissal of your own free will in accordance with Article 80 of the Labor Code of the Russian Federation.

The law clearly states that the application must be in writing. It is also desirable to indicate the period after which the dismissal must be made (two weeks).

The application must be written on a sheet of A4 format. The form of its compilation can be arbitrary, it is necessary to apply in it directly to the head of the organization.

The text should state the reasons for the dismissal, while it should be as short as possible. Below the text, you must put your own signature, as well as the date of its compilation.

As in the case of the unwillingness to accept the application, these actions are illegal.

Termination of an employment contract by an employer can only be based on the grounds specified in Article 81 of the Labor Code of the Russian Federation.

Therefore, most likely, if the boss tried to hint at “his own desire”, then it is likely that he has no legal grounds for dismissal.

When an employee feels pressure from his superiors, and also often hears requests for dismissal of his own free will, he has every right to contact the labor inspectorate.

There you need to write a statement on the illegality of the actions of the employer. For the best effect, it is recommended to attach any evidence, for example, an audio or video recording.

In the event that an illegal dismissal has already been made, then you can safely go to court to restore your rights.

Termination of an employment contract, clause 3, article 77 of the Labor Code of the Russian Federation: dismissal of one's own free will

Leaving work "on your own" is the most common reason for dismissal. There are two interesting points here:

Very often there are situations when an employee is simply forced to write a statement of his own free will, so as not to have any litigation in the future.
Cases of "wrong dismissal" are common.

The first point will be discussed in more detail later. As for the second, the main reason lies in the incorrect application of certain norms of the Labor Code.

"Correct" article

Despite the basic basic principles of legal acts, namely “absolute clarity in the wording”, misunderstandings often occur. Under what article is the dismissal to be made? P. 3 Art. 77 or art. 80 of the Labor Code of the Russian Federation?

But actually there is no problem in understanding. One is considered procedural (how to legally change jobs), and clause 3 of Art. 77 of the Labor Code of the Russian Federation - regulatory, i.e. points to the fact.

Almost everyone knows that you need to work 2 weeks before leaving the organization. We will immediately explain one very important nuance.

Dismissal (clause 3, article 77 of the Labor Code of the Russian Federation) does not provide for any working off.

It is only necessary to notify the employer no later than this period. Of course, during this period you will have to perform your functions at the enterprise. Hence the misconception. But let us explain that compulsory work half a month is optional.

You can go on sick leave or vacation, warning about the future dismissal of the employer. In this case, there can be no processing.

P.3 Art. 77 of the Labor Code of the Russian Federation: entry in the work book

The most common mistake is the wrong entry. Very often, clerks incorrectly indicate the article in the work book. After that, many former employees face a problem during a new job or when applying for a pension. Clerks put a mark “dismissed on the basis of Art. 80 of the Labor Code of the Russian Federation.

But the legislation does not provide for the termination of obligations on the basis of this article. It is important to see the order to terminate the contract. If it is based on the same article, then the employee is not legally fired, because. legal procedure was not followed.

Hence the problem for former employee: on new position they may not take it. It is imperative to contact the former organization for correction. The document must contain an entry: clause 3, part 1, art. 77 of the Labor Code of the Russian Federation (termination of the employment contract at the initiative of the employee).

But let's move on to another common mistake.

P. 3 Art. 77 of the Labor Code of the Russian Federation: entry in the labor. Sample spelling

Often clerks and directors face a similar problem. The article seems to be accurate, but the entry is still invalid. The fact is that the wording is as follows: “P. 3 art. 77, voluntary dismissal.

But according to the filling rules, the entry must fully comply with the norms of the Labor Code of the Russian Federation.

If you change your mind, what should you do?

Such cases are also not uncommon. The reasons are different: they did not agree on a new job, the director realized that the employee really wants to leave, and improved working conditions and much more.

To cancel an already submitted application, it is necessary to write and also officially register a new one in accordance with all the rules. No matter how good the employee seems to be, or the relationship between him and employers, it is important to know the main rule: the application for refusal to dismiss must be submitted officially, i.e. in writing through the secretary or by mail.

What is it for?

There are cases when the employer is not against such dismissal. But he had no reason to do it himself. And then the employee himself brings such a letter of resignation under paragraph 3 of Art. 77 of the Labor Code of the Russian Federation.

Then, after some time, the employee states that he has changed his mind. The director, knowing the law, says with joy on his face that “I understand everything, work on.”

After a two-week period from the date of writing the application, an order is issued to dismiss in accordance with paragraph 3 of article 77 of the Labor Code of the Russian Federation - at their own request. Going to court is useless. Legally, the director did everything right. Here one of the principles of law worked: "Most moral principles become legal norms, but not all."

There is one very important nuance when refusing an application of one's own free will. If, from the moment the employee was dismissed until his refusal, a written invitation was sent to another person for acceptance to this position, then it will no longer be possible to cancel it.

Here the law will be on the side of the future worker; who has already been invited. Because now no one has the right to refuse him employment.

Therefore, it is necessary to weigh everything well before writing a letter of resignation. There are times when there is no way back.

Where to defend labor rights

If during the dismissal procedure or in any other case that arose during the employment relationship, your rights were violated, then you need to defend them in one of the following ways:

Contacting the Labor Inspectorate.
Statement of claim in court.
Appeal to the prosecutor's office.

A citizen of the Russian Federation whose rights have been violated may apply simultaneously to all competent authorities. Administrative punishment is provided for the guilty person. But the citizen himself does not have the right to initiate such a case through the court. This can only be done by either the prosecutor's office or the labor inspectorate. To do this, you need to send a complaint to these structures.

In parallel, the employee has the right to file a lawsuit in order to obtain compensation for non-pecuniary damage or any other payment from the employer, if provided by law, because. administrative sanctions do not provide for this. All fines issued by the prosecutor's office will go to the benefit of the state. Therefore, it is better to apply to the regulatory authorities in order to bring the violator to justice and to the court for moral or other other payments.

Cases exempting from working off

There are reasons in the Labor Code that allow an employee to leave earlier than the due date of 14 calendar days. Let's say right away that the report begins the next day after the submission of the corresponding notification.

These include:

The first two are more or less clear. As for the violation of labor rights, this does not mean the subjective opinion of the employee. This refers to the official bringing of the employer to responsibility. And it must necessarily concern the employee who decided to leave earlier than expected.

When will the calculation be?

After an official order, all payments for hours worked must be made on the day of dismissal. And this is not a "gift" from the company, it is a duty according to the Labor Code. Violation of this rule is a reason to defend your rights and contact the regulatory authorities. In addition to the salary, the employee is entitled to payment for unused vacation. You can calculate it yourself if you know the average monthly earnings and the exact number of days worked. Payments on it must also be made on the day of the dismissal order.

The only exception to this rule is paid sick leave. From the moment the medical certificate is provided, the accounting department makes a recalculation within 10 days and pays it on the day of salary at enterprises.

If the employee is not on site on the day of settlement (business trip, vacation, sick leave), then all payments must be made no later than one day after his application.

Article 77 of the Labor Code of the Russian Federation, dismissal of one's own free will

For Russia, this method of dismissal is the most common. The current version of Article 77 of the Labor Code of the Russian Federation states that the initiative to terminate labor Relations(TO) can come from the employer or the employee. Arbitrage practice notes more than one case when an employee managed to recover through legal proceedings after wrongful dismissal.

P 1 h 1 article 77 of the Labor Code of the Russian Federation

The legal act of Article 77 of the Labor Code of the Russian Federation with comments 2016 dismissal of employees contains the general grounds for terminating the TO. The link after the text will allow you to study this document. Competent specialists will help to make this process in accordance with the current legislation, and filling out all the documents correctly.

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

In cases where the employee's application for dismissal on his own initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in educational organization, retirement and other cases), as well as in cases of established violation by the employer labor law and other regulatory legal acts containing norms labor law, local regulations, the terms of the collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's application.

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out if another employee is not invited in his place in writing, who, in accordance with this Code and other federal laws cannot refuse to conclude an employment contract.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.

If the employment contract has not been terminated after the expiration of the term of notice of dismissal and the employee does not insist on dismissal, then the employment contract continues.

Commentary on Art. 80 of the Labor Code of the Russian Federation

Employment contract- urgent or with an indefinite period of validity - can be terminated at the initiative of the employee with a mandatory written warning of this to the employer at least two weeks before dismissal, unless another period is established by the Labor Code or other federal law (see,).

Dismissal of an employee of his own free will before the expiration of the warning period is possible both by agreement of the parties, and if there are good reasons (retirement, enrollment in studies, etc.), as well as in cases of established violation by the employer of the labor rights of employees (see clause 22 of the PPVS of the Russian Federation of March 17, 2004 N 2).

If the employee withdraws the application before the expiration of the warning period, dismissal is not carried out, except in cases established by the Labor Code and other federal laws (see).

After the warning period has expired, the employer does not have the right to detain the employee and must dismiss him with the issuance of a work book on the last day of work and the final settlement (see).

If, after the expiration of the warning period, the employment contract has not been terminated, i.e. the corresponding order (instruction) of the employer was not issued, and the employee does not insist on dismissal, the employment contract continues.

Article 80 of the Labor Code of the Russian Federation, like all other articles of Chapter 13, are special relatively - they regulate the features of each method of termination of labor relations. Article 80 regulates the termination of an employment contract at the initiative of the employee (at his own request).

Most often, employers are faced with such problems of these articles - if article 80 is special regarding, then how should an employee be fired, which article should be indicated in the work book?

According to government decree No. 225 of April 16, 2003, it was established that when employees are dismissed for the reasons provided for in Art. 77, an entry is made in the work book with reference to the relevant paragraph of this article. Exceptions are clause 4 (termination of the contract at the initiative of the management) and clause 10 (conditions independent of the will of the parties), in such a case a mark is made with reference to the relevant article of the legislation.

So, when an employee is dismissed at his own request, it is indicated.

Second commentary on Article 80 of the Labor Code

1. Article 80 of the Labor Code of the Russian Federation grants the right to the employee on his initiative at any time to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless the Labor Code of the Russian Federation or other federal law establishes a different period. You need to know that the specified period begins the next day after the employer receives the employee's application for dismissal. This provision reflects the principle of freedom of labor and freedom of labor contract.

2. An employment contract, by agreement of an employee who has submitted an application for resignation of his own free will, with the employer may be terminated even before the expiration of the notice of dismissal.

3. In cases where the employee's application for dismissal is due to the impossibility of continuing work (hiring him for full-time study at a university or other educational institution, retirement, transfer of a spouse to another locality and other good reasons), as well as in case of violation by the employer of the labor rights of the employee, the terms of the labor or collective agreement, agreement, the employer is obliged to terminate the labor contract within the period specified in the employee's application.

4. The employee has the right to withdraw his application at any time before the expiration of the warning period, except when an employee from another organization is invited to his place in writing, to whom. The employer is obliged (except for the specified case) to cancel the application of the employee (to return it to him).

5. It should be borne in mind that the Plenum Supreme Court The Russian Federation in its Decree of March 17, 2004 N 2 in clause 22 indicated that if, after the expiration of the warning period, the employment contract was not terminated and the employee does not insist on dismissal, the employment contract is considered continued.

If an employee under the age of 18 has submitted an application for dismissal, the commission on minors' affairs must be notified of this.

6. If an employee left work before the expiration of the warning period and without an order for his early dismissal, the employer may qualify this as absenteeism without good reason and dismiss such an employee for absenteeism (see).

The employer does not have the right, without the consent of the employee, to dismiss him on the application submitted by him before the expiration of the notice period. He cannot fire him under Art. 80 of the Labor Code of the Russian Federation, if there is no written statement from the employee about this.

7. After the warning period has expired, if the employer does not dismiss the employee for some reason (which is often found in practice), the latter may leave the job. The employer is obliged to issue him a work book and make settlements with him. Otherwise, according to, the employee is paid the earnings that he did not receive for the time of illegal deprivation of his opportunity to work, since he cannot enter another job without a work book.

8. During the warning period, the employer has the right to dismiss the employee if he committed an offense that is the basis for dismissal (appeared at work in a state of intoxication, etc.).

In case of dismissal of a temporary and seasonal employee at his own request, the notice period is three calendar days.

9. The notice period is calculated from the next day after the employee submits the application. If the last day of the notice period falls on a non-working day, the expiration date of the notice period is the next business day following it. On the last day of work, the employer is obliged to issue a dismissal and make a calculation, issue a work book to the employee with a completed record on the grounds for dismissal.

10. Since Art. 80 does not stipulate (as it was in Article 31 of the Labor Code) that in this way the employment contract is terminated for an indefinite period, we conclude that it provides a similar right to terminate a fixed-term employment contract at will.

11. Those sentenced to correctional labor without imprisonment during the period of their serving cannot be dismissed at their own request without permission in writing from the criminal correctional inspection (

Labor relations are inherent in almost every person, because it is quite problematic to feed yourself and your family if you do not have an official place of work. Interaction with the employer is determined by the provisions of the Labor Code of the Russian Federation - it is on the basis of this regulatory legal act that the main criteria for the activity of a particular position are built.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Not everyone is able to sit in one place for a long time. Many decide to move or change activities - out of necessity or desire. In this regard, there is a need for dismissal from work.

For such situations, the law provides for certain rules. In particular, in almost all situations, a citizen must notify the employer in advance of his intention to leave the organization within up to 2 weeks.

However, not all people have enough time. Therefore, they should study what Article 80 of the Labor Code of the Russian Federation says about dismissal of their own free will without working off in 2020.

Additionally, it will be necessary to clarify individual situations according to which the employer may refuse to satisfy the request, as well as cases when an agreement can be reached without using the provisions of the article of interest.

The right to terminate an employment contract unilaterally can be used by any citizen. Legislation provides regulations for this initiative, Art. 80 of the Labor Code of the Russian Federation.

So, for dismissal, it is enough to write a written application. It does not matter what the real reason for leaving and what position the person occupies.

However, legislation protecting the rights ordinary people, does not forget about the employer. To maintain his interests, the so-called working off period is provided - a two-week period during which the resigning person “hands over things”, and the management is looking for a new person for the vacant vacancy.

There are different deadlines for certain categories. For example, a month before dismissal, heads of organizations, as well as athletes and coaches who have entered into an agreement for a period exceeding 4 months, must warn.

It is strictly forbidden to increase the working period, except for those cases provided for by law. Even this moment enshrined in regulations organizations, the citizen has every right to ignore them.

If there is no need for working out, the parties may agree on early termination of the employment contract.

However, there are certain situations where an employee may leave early.

Article notes

Can an employer require additional work if, after filing a letter of resignation, there was immediately a sick leave?

According to Part 1 of Art. 80 of the Labor Code of the Russian Federation, the employee is obliged to give notice of dismissal no later than 2 weeks in advance. However, in this provision there is nothing about whether the employee will actually perform the assigned functional duties.

Thus, the legislation determines only the timely notification of the employer about his actions. In fact, the term "dismissal without working off" has no legal basis, therefore, in the case of the need to modify last days It's all about the relationship between management and employees.

Additionally, it is worth noting that a citizen has the right not to warn his employer of imminent dismissal if the latter has violations in the field of labor legislation or other legal acts containing labor relations norms.

Central formalities and conditions

Important information

The legislation of the Russian Federation identifies several ways to terminate an employment contract.

In the case of voluntary dismissal, there are certain advantages for both the employee and the employer. As already noted, the employee will have to finalize the last 2 weeks - although this is not sufficiently reflected in the Labor Code of the Russian Federation, it is nevertheless implemented everywhere, since if the conditions are not met, this period will be considered absenteeism.

Obviously, this will negatively affect the entries in the work book, which will not greatly contribute to further employment.

Certain subtleties of the legislation provide for the possibility of avoiding mandatory working off in the following cases:

going on maternity leave;
reaching retirement age;
admission to a higher educational institution;
relocation of the spouse to another locality;
the need to care for a sick relative or children under 14;
receipt .

In these situations, the employer does not have the right to prevent immediate dismissal. It should be understood that in order to prove such reasons, appropriate documents are needed, without which it will not be so easy to obtain freedom.

step by step guide

So, it is possible to avoid processing different ways, some of them should be analyzed in more detail:

On sick leave	Leave of this nature can not be agreed with the management. It will be enough to provide a certificate from medical institution, on the basis of which the weekend will be issued. The authorities only need to sign the document. After that, you can immediately draw up a letter of resignation. All relevant regulations will be followed. The employer does not have the opportunity to cancel the sick leave.
On Decree	Such leave also cannot be canceled, as it is allocated for medical reasons. In particular, when applying, it is allowed to act in two ways. The first is to first notify the management of the dismissal, and then submit the papers for the decree. As for part 2, while on vacation, a pregnant woman can send a decision on leaving to the company. In any of the situations, the authorities cannot refuse to satisfy the request.
On a standard holiday	One of the most controversial options. But it should also be noted that this method is not the most convenient, since the employer often changes the vacation schedule after receiving notification. Such actions are also against the law, but they take place.

Design details

When filling out a letter of resignation without working off within the framework of the law, the following positions should be reflected:

Grounds for termination of the contract - Art. 80 of the Labor Code of the Russian Federation.
Date of dismissal - the employer may refuse the selected time, then you will have to solve the problem together.
Name of the employee.
Indicate the reason for leaving without working off - only those options that are defined by law are accepted.
List of attached documents.
Date and signature.

There is no strict form for the application, but it is still recommended to use general pattern to avoid mistakes.

The document is drawn up in two copies: one is given to the authorities, the incoming number and date are affixed on the second, after which it is transferred to the employee.

In the absence of claims against the employee, the manager approves his application and draws up an order to leave (usually on the official bank of the company).

The text of the document contains the following information:

full name, contact details and details of the company;
the nature of the paper;
appropriate instructions for accounting and personnel;
information about the dismissed person;
date of expiration of the contract and the signature of the head;
date of familiarization with the contents and signature of the employee.

This order is also issued in two copies: one remains with the authorities, the second is sent to the personnel. Additionally, a copy is provided to the employee.

Based on this paper, personnel specialists make up all Required documents and put down marks in the personal card and work book of the resigning person.

Information about pensioners

The dismissal of a person who has reached retirement age is somewhat different. For example, working out is optional, and it is enough to give a warning only 3 days before leaving. This moment is conditioned by Part 3 of Art. 80 of the Labor Code of the Russian Federation.

However, in the case of the absence of claims from the employee towards his management, it is recommended to warn them in advance. A period of 2 weeks is necessary in order to optimize the workflow, taking into account the dismissal or to find a new specialist.

Nevertheless, a pensioner can quit even the next day after signing the application - the employer can in no way prevent this.

Other actions

It is not uncommon that a person, when resigning, is guided not by adequate reflections, but by emotional outbursts. Therefore, later he begins to regret the premature decision and begins to believe that it is not so bad in the company.

For such cases, the current labor legislation provides for a way out.

So, as long as a person is officially listed as an employee of the organization, he can send a request to the management to cancel the previous appeal.

The norms do not establish in what form this appeal should be drawn up, however, in practice it is drawn up in writing.

In particular, the whole process is expressed in the following positions:

The initiator draws up the document.
Submit to management for consideration.
He studies it and instructs the personnel specialists to cancel the previous application.
Those, in turn, make an appropriate mark in the registration list of documents.

It should be further noted that such an opportunity is available until the person is fired. Whereas with the final departure, re-employment should take place on a general basis.

There is one more thing to keep in mind: own statement is allowed only if a replacement for a vacant workplace has not been chosen.

Moreover, this restriction is relevant in two conditions: the applicant must be informed in writing about the possibility of being accepted into the company, and it is prohibited by law to refuse such a person.

Violations

In almost 50% of cases, upon dismissal, the employer violates the rights of his employee.

In particular, the most common options are:

the head refuses to accept the application;
dismissal occurred ahead of schedule;
the required calculation has not been completed.

It should be understood that if the boss requires the employee to write a letter of resignation of his own free will without the desire of the citizen himself - this is an illegal action. Often, the management of enterprises does not take into account the rights of their subordinates, pursuing only the goal of their own well-being.

In such cases, it is necessary to file a complaint about the violation of rights with the judicial structures or the prosecutor's office (the request form can be taken from the same structures). The appeal should describe the whole situation in detail. At the same time, payment of the state fee comes from the budget of the enterprise, and not the employee.

If in the course of legal proceedings, the management was found guilty, then the victim is either paid compensation, the amount of which is determined based on individual circumstances, or given the right to continue working in the same place.

So, dismissal of one's own free will without working off is quite possible - it is enough to comply with the provisions defined in Art. 80 of the Labor Code of the Russian Federation.

It should be understood that in other situations it is rather problematic to achieve the desired result - this can be implemented only after reaching agreements between the employee and the employer.

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Official text:

Article 80

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

In cases where the employee’s application for dismissal on his own initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be refused to conclude an employment contract.

If the employment contract has not been terminated after the expiration of the term of notice of dismissal and the employee does not insist on dismissal, then the employment contract continues.

Lawyer's comment:

This article defines the procedure and conditions for terminating an employment contract at the initiative of an employee (at his own request), concluded both for an indefinite period and for an urgent one. The previous norm (Article 32 of the Labor Code) provided for the termination of a fixed-term employment contract, but if there were good reasons. According to the Labor Code, an employee has the right to terminate an employment contract (including a fixed-term one) by notifying the employer in writing two weeks in advance. Termination of the employment contract at the initiative of the employee is permissible in the case when the filing of an application for dismissal was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a letter of resignation of his own free will, then this circumstance is subject to verification and the obligation to prove it rests with the employee (subparagraph "a" of paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).

Article 80 of the Labor Code is supplemented by a provision according to which the specified period begins on the day after the employer receives the employee's application for dismissal. In accordance with paragraph 2 of Article 80, by agreement (agreement) between the employee and the employer, the employment contract may be terminated even before the expiration of the term for the notice of dismissal. However, if the parties have not agreed on a specific warning period (within a two-week period), the employee is obliged to work out the established two-week period. If a specific date of dismissal is not indicated in the application for dismissal, then the employer does not have the right to dismiss the employee until two weeks have passed after the application was submitted by him or before the expiration of the period specified in the application. As well as the employee is not entitled to leave work without permission without notice of dismissal or before the expiration of the warning period. Such abandonment of work may be considered as a violation labor discipline with corresponding adverse consequences for the worker.

The employee can terminate the employment contract at his own will at any time (including while on vacation, during a period of temporary disability, on a business trip, since the purpose of such a statement is to warn the employer about the dismissal so that he has the opportunity to select a new employee). In cases where the employee’s application for dismissal is due to the inability to continue working (hiring him for full-time education, retirement, transfer of a spouse to another locality, etc.), as well as in cases where the employer has violated the law or other regulatory legal acts on labor, the terms of an employment or collective contract, agreement, the employer is obliged to terminate the employment contract within the period specified by the employee. At the same time, it must be borne in mind that these violations can be established, in particular, by the bodies exercising state supervision and control over compliance with labor legislation, trade unions, CCC, the court (paragraph 2, subparagraph "b" of paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).

Demanding the immediate termination of the employment contract (or within the period specified by the employee), the employee must provide evidence indicating the impossibility of continuing work (for example, an order to enroll in full-time education at a university or an order (instruction) of the employer to send a pregnant woman or a minor on a business trip). The main purpose of the notice of dismissal, on the one hand, is to enable the employer to select a new employee to replace the dismissed one, and on the other hand, to provide the employee with the opportunity to reconsider his decision to dismiss. Part 4 of Article 80 establishes the right of the employee to withdraw his application before the expiration of the warning period, except when another employee is invited in writing to take his place, who cannot be refused employment (). Thus, the employee can withdraw his application at any time (except in the specified case), and the employer can return it to the employee.

After the warning period has expired, the employer has no right to detain the employee. In practice, there are cases of illegal refusal to dismiss an employee, despite the expiration of the warning period (for example, the employee did not hand over the material values or has a financial debt, etc.). The legislator has clearly defined that the last day of work is considered the day of termination of the employment contract, and on this day the employee must be issued a work book, other documents related to work, at the written request of the employee, and the final settlement is made with him (Article 140 of the Labor Code). If the employer has not dismissed the employee after the expiration of the warning period, he has the right not to go to work. In accordance with article 234 of the Labor Code, the employee is paid the wages he did not receive for the time of illegal deprivation of his opportunity to work, since he cannot take another job without a work book.

If the employment contract has not been terminated after the expiration of the term of notice of dismissal and the employee does not insist on dismissal, then the employment contract continues. In essence, this rule provides for the right of the employee and the employer to maintain the validity of the employment contract. In this case, no additional agreements are required. Article 80 does not provide for the obligation of the employee to indicate the reason for dismissal. However, in some cases, the legislator associates the reason for dismissal with the provision of certain benefits and guarantees to the employee. In such cases, the reason for dismissal must be indicated (for example, upon dismissal of one’s own free will in connection with the husband’s (wife’s) moving to work in another locality or leaving for an old-age retirement pension, the employee retains uninterrupted work experience, regardless of the duration of the break in work (according to general rule continuous experience is maintained for three weeks)).

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

(as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 185-FZ of 02.07.2013)

If the employment contract has not been terminated after the expiration of the term of notice of dismissal and the employee does not insist on dismissal, then the employment contract continues.