How to quit your job faster. By agreement of the parties. Pros, cons and possible problems

"Don't quit your job before you find a new one" - we've heard this mantra a million times. Are you tired? Sick? Do you need a break? It's all excuses, whispers inner voice(which sounds suspiciously similar to the voice of a colleague, friend, or one of the young people at the next table, whose conversation you accidentally overheard). If you leave now, you will lose. Don't leave your job. Don't make mistakes.

What can be said about this voice? At least this: the option that seems safe to us is not always the most reasonable. When we are under a lot of stress, we switch to survival mode. And in this mode, we are not inclined to think soberly and in detail. We are afraid of risk. We only think about one thing: relax and forget.

In addition, in this state, the chances of finding something better tend to zero. Trying to escape from one captivity, we easily fall into another if we cannot adequately weigh all the pros and cons. It happens that a person simply does not have the strength to fight for Better conditions. He is exhausted, his fighting spirit has vanished - only a sluggish, lifeless body remains. Is it possible to hope to impress the next personnel officer in this state?

Before deciding whether to stay in a grueling or unpleasant job, analyze your condition. Perhaps you just need a break in order to recover. Here are some points worth looking at.

You don't feel safe

Your safety is above all. If you don't feel safe at work, you're better off quitting, even if your finances aren't in good shape. best position. Some jobs can be real jobs heightened danger- as disadvantaged areas of the city, zones of radioactive contamination and hostilities.

If you are being harassed or threatened at work, speak up to management. If you remain silent, no one will protect you. If attempts to defend your rights have not led to anything, or after a “lull”, pressure on you resumes with new force- leave boldly and as soon as possible.

Work undermines your health

Remember: your health is always more important. The word "stability", so beloved by many, acts like a slow poison. We become passive, not ready for action - even when the old life brings only suffering. Work is killing you - physically or in any other way? Then you should quit it as soon as possible, while you still have strength left. In some places people work in fear all the time. How do you go to an interview in such a state and expect to be appreciated?

You feel insecure

The hatred of work can become so strong over time that in search of salvation you will be ready to grab at any straw.

It can be a simple "hack", work under the wing of a friend, the merits of which come down to the fact that it brings a little money and allows you to escape from the hell of your former life. But often these respite drag on, and your determination to find your dream job slips away unnoticed.

Do you need a breather

“I was fed up with my work,” says Alexander, “But I was just not ready to immediately take on a new one. I did not have enough time and inner space to understand what I want. I was in a terrible state. I had to leave before I could think of anything else."

Alexander quit, despite the fact that his colleagues considered his act insane. But he himself admits that he felt relieved: “My blood pressure must have dropped by half the minute I left the building.” He decided to do a three-week internship at a new company and got the job a week after graduation.

“This job was completely unrelated to my previous career, I was paid less, but so what? - says Alexander. - I work, I help people. Now I see meaning in what I do. And I can safely plan my next steps.”

You don't have time for yourself

“I never quit my job not knowing where to go,” says Barbara. But now I had to do it. The previous work absorbed all my strength. While I was there, I couldn't imagine my life outside the office. I felt stuck and couldn't move. Now I can concentrate and understand what I really want.

If, returning from work, you feel completely broken (oh) and squeezed out (oh, like a lemon), you will simply not be able to look for a new job. Everything can end up with the fact that in a new job you will not be satisfied in the same way. Listen to your body - it will not deceive you.

If you need to quit your job first just to look at yourself in the mirror and figure out who you are and what you want, do it now!

About the expert

Liz Ryan- founder of the consulting company Human Workspace.

Question: I want to quit my job, but they won't let me go without work. I work on a rotational basis. Is it possible to quit without working 2 weeks? What article is on this subject in the labor code?

The official place of work, reflected in the entry in the work book, at some point may be an obstacle to the implementation of new plans or the implementation of some urgent matters. The reason for this may not be fatigue or a "harmful boss", but anything. Sometimes, you don’t want to leave your work team at all, but you need to quit.

Moreover, you need to do this as soon as possible - quit without working for 2 weeks, which is what the Labor Code of the Russian Federation requires. This rule is regulated by articles Nos. 77, 78 and 80, which give the employee the right to terminate employment contract on personal initiative after a written request. Notify the employer exactly two weeks before the desired date of departure.

It is obvious that the very fact of writing such a statement does not give the employee the long-awaited freedom from the employer and ahead of him are those very mandatory two weeks of working off.

Ways to quit without going through due date there really are workarounds. Moreover, for this you do not need to break the law or somehow "cunning". Everything is not so difficult, read and remember, this publication will give an exhaustive answer to this, for someone not just an important, but an urgent question.

Rights and obligations of an employee upon dismissal

First, some more theory. The term of working off - 14 days - keeps his account not from the moment of writing (and, importantly, signing by the head!) of the letter of resignation, but starting from next day. You only need to count calendar days, regardless of the number of work shifts in this period.

Legal dismissal after three days of work

Certain categories of employees are not subject to this obligation and may demand their dismissal within three days. These include company employees who probation(Article 71 of the Labor Code of the Russian Federation). The same list includes specialists with whom only a temporary (Article 292 of the Labor Code of the Russian Federation) or seasonal (Article 296 of the Labor Code of the Russian Federation) contract is concluded, the term of which is limited to two months. Representatives of these categories of employees have the right to leave work in the company three days after notifying the manager of this desire.

But force majeure happens and time cannot be turned back, what to do?

Do not neglect the opportunity to talk with the management about the early resignation of obligations. The employer has such a right - to dismiss without requiring working off. Article 77 mentioned above allows termination of the contract by agreement of both parties at any time.

This version is very real for an employee of a small private company in the absence of the need to complete a certain amount of work. If there is direct access to the person making such decisions, then it is worth talking directly. A tete-a-tete conversation, in which the employee can explain the motives for an early separation, can cause an understanding of the leader, who will meet the employee halfway. Received signature on the resignation letter own will- and you can start to say goodbye to colleagues, and the next morning forget the way to the office.

However, what to do when it is necessary to quit without working for two weeks, but the management does not want to delve into the essence and enter into the position of an employee? Strong arguments can be the so-called special circumstances. They will need to be described in the application and be ready to provide evidence or documentary evidence. Here you also need to indicate the desired term of dismissal. If the demand of the employee after filing this kind of application is ignored, he can apply to the court.

Other cases and "special circumstances" for the possibility of instant dismissal

Applicants have the right to early termination of the work process educational institutions. This fact must be confirmed by a certificate of admission, which will be issued by the university. It is allowed to quit without work for people who have reached the retirement age, as well as for currently working pensioners and the disabled.

Conflict situation with the employer due to violation of the Labor Code and other regulatory legal acts describing the norms labor law, abuse of authority and other illegal actions is another weighty argument that obliges the employer to terminate the contract at a time convenient for the employee.

It is worth focusing on cases of salary delays, non-compliance with the deadlines for paying vacation pay (no later than three days before the start of the vacation), the absence of a properly equipped workplace - all this can become arguments for terminating the contract on the day that the employee himself indicates in the application.

Article 80 of the Labor Code of the Russian Federation will tell in more detail about the reasons for the early dismissal described above. It also describes opportunities to quit quickly in connection with other cases. However, any list of all possible circumstances that may be valid reasons for the dismissal of an employee at the desired time is not given in the Labor Code. Here, by-laws and established practice will become a guideline, which considers the following options to be respectful:

Quitting without working out is real various reasons related to circumstances in the family or area personal life. The laws allow for such possibilities, but they will have to be documented, which may be difficult.
The reason for the early termination of work may be the relocation of the spouse to long time to another region or country. Common case - long business trip husband or wife, entailing the relocation of the entire family. This is a very good reason, which may be asked to be documented.
Undoubtedly, the legislation considers all cases of deterioration in the health of an employee to be valid, which entail the need to leave the region with confirmation of this fact by a medical report. Illness that prevents an employee from performing official duties, is also included in the list of cases that do not require a two-week working off.
Having children will help you quit as soon as possible. It's about about families where there are children and adolescents under 14 years of age. Any parent can demand early termination of the employment contract large family who has three or more dependent children under 16 years of age. Or the children in such a family have not reached the age of 18, provided that all of them are students of general educational institutions.
A good reason is caring for a disabled child or a sick family member, as well as a disabled person of the 1st group, which, as you might guess, must be confirmed by a medical report.
Pregnant women are exempted from mandatory work.

Vacation instead of work

Finally, to avoid being present at work on the days of the required working off, the presence of unused vacation days will allow. If a written application for such leave is agreed, then the last day of legal rest may become the day of dismissal.

Judgment or peace?

What if found suitable options, which, according to the Labor Code, allow you to quit without working off a two-week period, but the management insists on such a need? Court action will the right step. At the same time, you should not count on the fact that the process will be quick, it usually lasts up to several months. It makes sense to look for ways to peacefully resolve the issue or work out due period. And as an option - offer a replacement.

As you can see, there are ways to quit quickly, and there are many of them; the best option would be to plan for the proposed changes and dismissal on general terms.

The most common way to dismiss is the termination of an employment contract for employee initiative. Along with dismissal by agreement of the parties, it is also one of the most conflict-free, since, as a rule, the parties to an employment contract rarely have claims against each other. The very wording of the grounds for dismissal suggests that it is carried out precisely according to the personal will of the employee. It is important to remember this, because in the event that it is subsequently established that the employer somehow persuaded the employee to make such a decision, the dismissal may be declared illegal, and the employee may be reinstated in his original place ().

In general, the procedure for terminating an employment contract on this basis is not difficult. We will analyze the algorithm for dismissing an employee at will step by step.

Step 1. Accept a letter of resignation from an employee

The procedure for dismissal of an employee begins from the moment he submitted a written letter of resignation. Recall that he can do this no later than two weeks before the date of dismissal, unless another period is established by law (). The specified period begins on the day after the employee submits the application. Before accepting a corresponding application from an employee, we advise you to check how it is filled out. The law does not establish requirements for its content, however, when determining the date of dismissal, it is advisable to avoid the preposition "c" - this can confuse the understanding of the last working day. For example, instead of "I ask you to fire me from August 1, 2017 ...", it is better to indicate "I ask you to fire me on August 1, 2017 ..." In this case, August 1, 2017 will definitely be considered the last day of work.

For the legal positions of the courts when considering disputes related to the termination of an employment contract at the initiative of an employee, see "Encyclopedia judicial practice" Internet version of the GARANT system. Get
free access for 3 days!

Step. 2. Observe the term of the notice of dismissal

By general rule this period is two weeks (). However, there are exceptions - for example, during the trial period, the employer must be warned no later than three days, and when the head of the organization is dismissed, at least one month in advance (,).

The employer is not entitled to increase or decrease this period on his own initiative. Before the expiration of the notice period prescribed by law, the employment contract may be terminated only by agreement between the employee and the employer.

In addition, the employer is obliged to dismiss the employee exactly at the time indicated in his application if:

the employee cannot continue to work (for example, when enrolled in educational organization, retirement, etc.);

violation by the employer labor law, local regulations, etc.

The employee has every right to withdraw his application before the expiration of the termination notice, that is, even on the last day of work (). Dismissal in this case is not made. The only exception is the situation in which the employer has already managed in writing to invite another specialist to the place of the employee who cannot be refused to conclude an employment contract - for example, an employee invited to the organization in the order of transfer from another employer ().

It is also important to keep in mind that an employee can exercise his right to leave, followed by dismissal of his own free will (). In this case, the employee has the right to withdraw his application only until the day the vacation starts ().

Step 3. Issue a dismissal order (form No. T-8 or T-8a)

If the employee has not withdrawn his application, then on the last day of his work, the employer proceeds with the dismissal procedure. First of all, the personnel department draws up an order to terminate the employment contract (or). The wording of the reason for dismissal may be as follows: "Employee's initiative,".

The employee must be familiarized with the order to terminate the employment contract against signature on the day of dismissal (). At the same time, the employer is obliged to give him a certified copy of this order if he makes such a request.

Step 4. Issue a certificate of the amount of earnings for the two calendar years preceding the dismissal

TO last day work of an employee, the accounting department must issue a certificate on the amount of his earnings for two calendar years prior to dismissal. The employee will need this certificate to calculate benefits from a new employer. Appropriate approved.

The certificate is issued to the employee on the last day of work. However, it is worth noting that the employee has the right to apply for it with a written application even after dismissal - in this case, the employer is obliged to issue a certificate within three working days from the date the former employee submitted the relevant application (clause 3, part 2, article 4.1 of the Federal Law of December 29, 2006 No. 255-FZ "").

The details of filling out and issuing this certificate can be clarified in the letters of the FSS of Russia dated June 20, 2013 No. 25-03-14 / 12-7942 and dated July 24, 2013 No. 15-02-01 / 12-5174l.

Step 5. Draw up a document containing information that was sent to the FIU for the period of work of the employee

On the last day of work, the accounting department also issue to the employee a document that contains information sent to the FIU for the period of work of the employee (clause 2-2.2 of article 11 of the Federal Law of April 1, 1996 No. 27-FZ "").

There are no special forms for transferring such information to an employee, so you should focus on the forms approved by the FIU for submitting relevant information to the department. For example, form SZV-M (), section 6 of form RSV-1 PFR (), etc.

Step 6. Make an entry in a personal card (form No. T-2)

Before dismissing an employee, the personnel department must also make an appropriate entry in his personal card (). In the "Basis for termination of the employment contract (dismissal)" the reason for dismissal must be indicated: "Employee's initiative,". In the line "Date of dismissal" - indicate the last day of work. Then you should enter the details of the order to terminate the employment contract - its date and number. Information about the dismissal must be certified by the employee and the employee of the personnel department.

Step 7. Issue a note-calculation on the termination of the employment agreement (contract) with the employee (form No. T-61)

On the last day of work, the personnel department, together with the accounting department, fill out a note-calculation on the termination of the employment contract with the employee (). The HR officer contributes to front side document general information about the employee, as well as information about the dismissal and the fact of termination of the employment contract with him. And on the other side, the accountant calculates the amount of the payment due to the leaving employee.

The employer is not obliged to acquaint the employee with the note-calculation.

Step 8. Make a settlement with the employee

On the last day of work, the accountant must pay the employee wages for the time worked, compensation for unused vacation, if he is entitled to it, and make other payments (

first, its serial number is indicated;

then the date of dismissal;

then the reason for dismissal is prescribed with reference to the relevant paragraph, part and article: "The employment contract was terminated at the initiative of the employee,";

in conclusion, the name of the document is filled in, on the basis of which the entry is made - most often this is an order to terminate the employment contract, its date and number.

This record is certified by the signatures of the employee of the personnel department and the dismissed employee, as well as the seal of the organization (clause 35 of Decree of the Government of the Russian Federation of April 16, 2003 No. 225 "").

Step 10. Prepare and issue to the employee, at his request, certified copies of other documents related to work

At the written request of the employee, the employer is obliged to issue him duly certified copies of documents related to work (). These can be copies of an employment order, orders for transfers to another job, extracts from the work book, certificates of wages- e.g. income statement individual in the form and a certificate of average earnings for the last three months, which is necessary to receive, etc. ().

Ekaterina Dobrikova ,
portal expert editor

Documentation

Everything comes to an end at some point in life. So, for example, work is far from eternal. It seems that just recently you talked about what knowledge you have, as you are already writing a letter of resignation after working for several years. Many still do not know how to quit their job competently, beautifully, without conflicts and other consequences. Let's talk about this together in order to know all the "pitfalls" and know how to leave without conflict workplace forever.

Some things everyone needs to know

Do you know how the dismissal process works? This topic is considered not the easiest for a person, especially if a person is inexperienced and not savvy in the psychological and legal aspect. Think about all these things, that even the main questions to yourself when deciding to quit your job.

What to do from the very beginning? First, you need to seriously consider your decision. Yes, working for your boss is not an easy task, rarely anyone likes it. In progress labor activity a person encounters many difficulties that he may not solve on his own. The work teaches that everyone can solve these obstacles, be able to overcome them. Therefore, before you start writing a letter of resignation and notifying everyone about your departure, think carefully about whether you need it at all. There are no ideal professions and wonderful positions in life, unless, of course, this is your own business. Perhaps it is still worth staying at work and postponing your departure for some time. If you have firmly decided that it is time to look for another place, then answer all persuasions to stay - answer with a clear and clear refusal.

When should you let your boss know you're leaving? It's so personal question, which is unlikely to be answered in the same way. Each person has completely different bosses who will perceive information differently. On the one hand, it would be wise to notify your boss about leaving 2-3 weeks before the specific date of the expected departure. So it will be easier to find a replacement for you and not create conflicts on this basis with other employees. On the other hand, 2 weeks is not such a huge period for which you can find an intelligent and experienced person for the position. It turns out that there is only one conclusion: the boss must be warned about the dismissal very first, do not delay this matter. Again, you need to think about what and how you will tell him, because the relationship with the boss means a lot. As a rule, from good leaders it is hardly possible to leave, but they run away from the bad ones. If you want to part peacefully and without conflicts, then conduct a conversation in such a way that the person understands you as a human being. In any case, it is worth notifying the boss about the dismissal at least a month in advance so that he is aware of your future plans.

What documents are needed for dismissal? The very first action is to write a letter of resignation in the written form that is accepted in your company where you work. Usually, the application remains in the personnel department, from where it is handed over to the boss. But you should play it safe and make two statements that must be certified by the secretary. Do not forget that the date of signing the application is required, such a fixation helps to notify the boss of exactly when you decided to leave your workplace. After 2 weeks, the boss will have to sign a decree on your dismissal. After that, you need to pick up all the documents in the personnel department, namely: work documents, work book, current account and memo. The amount of the last payments will include compensation for vacation pay that you did not spend. The final document seen is the document on the termination of the employment contract.

How do you tell your co-workers everything? Team environment is very important thing. Such an atmosphere sets a person to the best. True, if one of the employees decides to quit his job, then conflicts in the team cannot be avoided. In the event that relations with colleagues are already tense and bad, then they do not need to be told anything at all. Very often gossip is born in such teams, and all the dogs will go down on the one who quit. But, of course, without saying goodbye to everyone, leaving work is somehow inconvenient. Therefore, you can just say “bye” to everyone, turn around and close the door behind you with a clear conscience. If the employees are warm and a good relationship, then they can be told about leaving a week before the X-day. Let this be a period when there will be an adaptation to future rapid changes. In general, try to make your departure easy and painless for many, you never know, suddenly someone likes you very much.

What obstacles are sure to meet upon dismissal? By the way, more about what obstacles will be on the way to leaving:

many are likely to walk around dissatisfied because a valuable employee has made the decision to leave the job. Sometimes, such behavior of colleagues can result in real persecution of an irresponsible and "careless" colleague. Be prepared for anything, remain a morally stable person, live with the thought that everything will end very soon;
sometimes, in order to prevent the employee from being paid on time, and also so that half of the salary is not paid at all, the authorities persuade everyone so that the dismissal does not happen of their own free will. Here it is worth remembering that, regardless of care, it is necessary to work out 2 weeks, without being late, without skipping. Remember that a trade secret always remains with a person, even if he decides to leave his job;
payouts are often delayed. If the salary delay lasts more than two weeks, then it's time to contact the labor inspectorate, which many employers are very afraid of.

How to behave during a two-week working off? Suppose you have already submitted an application, it remains only to work out and you are free. The best thing to do is to be as decent as possible with the whole team, to smile at the boss, as if nothing terrible is happening. It’s already not good for everyone that you leave the workplace, because you have to conduct an interview with a new employee, which you still need to get used to. IN this case It is very important to be a loyal and patient person. Sometimes, the boss can flare up so that he breaks down on you and starts yelling. Only calmness is needed here, console yourself with the fact that very soon you will no longer be in this company. As for work duties, they should be carried out in exactly the same way as it was before your firm decision to leave. Do everything so that even after the dismissal, the boss is about you good opinion. Be decent person.

When to start looking for a new job? Many are looking for a new job even before they begin to write a letter of resignation. Situations are different: someone is dissatisfied with his salary, and someone even thinks that he does not belong in this company. From point of view ethical question, search new work, while the old one is still there, is incorrect and inappropriate. On the other hand, this is what many people do who are tired of an unloved workplace and want something new. That's why it should be held already when you have firmly decided to quit. Do not be shy and actively look through all job offers, vacancies, send and call, be more interested.

Step-by-step dismissal of a person, if this is the employee’s own desire

Everyone needs to know their rights Labor Code:

the employee may well terminate the employment contract by notifying his superiors about this in advance, about a couple of weeks in advance, it is important to write a statement only in writing;
the contract is terminated before the expiration of the term, but there should already be mutual agreement boss and resigning;
the employee can terminate the contract by notifying the boss in advance of his departure, the application must be written by hand;
as soon as the term expires, the employee can safely leave the workplace;
on the last day of the working day, the boss must make the final payment to the resigned employee and hand over all the documents.

Example short circuit layoffs:

Writing a letter of resignation.
Two week work.
Termination of the contract and settlement.

How not to quit: the most common mistakes

If you do not know where I will go to work next, have not yet found a new place. Rest is, of course, great, everyone loves to do this. But a very long break will alert the next employer, and he will ask you why there was such a long pause after the dismissal. Companies generally don't like this. And anyway, how can you leave work and not make sure that there is a new one?
If care falls on vacation or holidays. This is called the off season, when looking for another job is simply not possible. On holidays, you can hardly find an employer who will agree to interview you and review your resume. Vacation time is also not the best best period to find a new job. Here you need to act quickly already during the working off, every day counts.
If the campaign paid for employee training. In cases of dismissal, as a rule, the organization can impose penalties on its employee if he decides to leave his job, studying for the company's money. The fine will be the same amount that the organization spent on training. In other words, do not initially seek for yourself that job, the duties of which include paid staff training.

What if the boss refuses to sign the resignation letter?

Such cases are extremely rare, but suddenly this is your situation.

A copy of the application must be registered with the Human Resources Department by the Chief Secretary.
The copy must be dated, signed and numbered so that the application is not lost.
The absence of a dismissal order after 2 weeks is a bold appeal by an employee to the prosecutor's office.
You can use the post office and send your application by registered mail. Follow all stamps.

How to quit your job so you don't have to work?

There is a moment when a person does not want and cannot work for 2 whole weeks - all this is provided for by law. The first thing to do is to talk to the boss about not working, and if he agrees, you can be a free person. Second, you can take a vacation with subsequent dismissal. If everything works out, then there will be a calculation for all parameters on the last day of the vacation. Very often, many try to do just that, because during the holidays you can safely look for a new job. Third, transfer to another place of work without interruption in labor activity. By the way, if a person is on probation, then he himself can quit without working.

Select right time for care. Having made the whole plan, prepared a report, closed all debts, make a decision to leave. It's better not to leave behind jambs.
An honest conversation about the reasons for dismissal. Don't be afraid to tell your boss why you decided to leave. Whether it's a small salary, the search for a new attractive position or something else. It is important to talk directly with your boss about what you are not comfortable with. Again, tact and a respectful manner of speaking are important.
Take absolutely everything you earn. Before you leave, you need to make sure that all payments and compensations in addition to wages have been accrued. Only in this case there will be no excitement and tension.
Always respect confidentiality. Don't tell everyone that you've made the decision to quit. It doesn't need to be known to many people. The less you talk about it, the better.
Well say goodbye. Slamming the door and not saying goodbye to everyone is a terrible dismissal. It is best to do it differently: thank all your colleagues, your beloved boss. It is very important to express gratitude and appreciation to everyone. It will be great if you prepare a farewell table with food and drinks. It will be very touching if letters with further wishes and goodbyes are sent to everyone, but you will forever be remembered as a valuable and kind employee.
Consider people's reactions to being fired. A good boss, having learned about the unpleasant news, will begin to say that he appreciates you very much, that he will be sorry to part with such a professional employee. The most important thing here is to respect the decision of the second person. If the boss reacts negatively, then this is his negative trait. It is worth trying to explain to the boss the reason for your departure. If the blame is shifted on you, then do not allow it to be done, you have absolutely nothing to do with it.
Leave smoothly. In no case do not slam the door, do not quarrel with the team, do not say unpleasant words to the boss. Many do the wrong thing, aggravating the situation between themselves and colleagues. As a result, leaving is fast, negative, irritated and unpleasant. Don't let things happen this way. Be above all this, leave with dignity.
Job transfer. It will be great if you find yourself worthy replacement. Select for this free time to get in touch with a person who needs a job, having taught him in advance all the points that are necessary during the work process. In general, the replacement is the most optimal thing that can be. After all, the boss, having learned that there is already a professional person in your place, will only be delighted.
Maintaining relationships. It is not at all necessary to break off all relations with colleagues and even with the boss. You can keep in touch after the dismissal, meet, share information. By the way, this is how friends are made. Remember to keep warm and good relations- it's the most important. If you have taken root in the team, and many people love you, then why not call up, not meet all together on a day off? This is what is called beautiful care at work. And here friendly relations no one has canceled yet.

Quitting your job isn't that hard. It is much more difficult to get the approval of the boss. Not everything in the world lasts forever, everything tends to end. At some point the work will end. Consider all the points, be a more attentive and tactful person. Make your departure from work memorable, that every employee knew you and remembered you for a very long time with the boss.

How to quit on favorable terms for yourself? From the point of view of the labor code, there are two different grounds for terminating an employment contract: at the initiative of the employer and at the initiative of the employee. The difference is obvious - whoever wants to terminate the employment relationship, he initiates the dismissal. Why, then, in a situation where the employment relationship does not suit the employer, should the employee still express a desire to terminate them? The very formulation of the question is already suggestive, because the main reason for the dismissal of an employee is the desire of the employer to get rid of the objectionable employee. It should also be noted here that getting rid of formal encroachments on your labor relations does not allow solving the main problem - the unwillingness of the employer to continue labor relations with you.

If you are asked to write a letter of resignation of your own free will, then, first of all, the employer wants your employment relationship to end. About why, according to the employer, they should stop exactly at your request, will be discussed below.

As a rule, employers are guided by the following considerations.

1. The employer does not have the right to fire an employee on his own initiative simply because "I want to!". Law, namely Art. 81 of the Labor Code of the Russian Federation, contains an exhaustive list of circumstances that give the employer the right to terminate an employment contract with an employee. The circumstances are the following:

1) liquidation of an organization or termination of activity by an individual entrepreneur;
2) reduction in the number or staff of employees of the organization, individual entrepreneur;
3) non-compliance of the employee with the position held or work performed due to insufficient qualifications, confirmed by the results of certification;
4) change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);
5) repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction;
6) a single gross violation of labor duties by an employee:
a) absenteeism, that is, absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day (shift) );
b) the appearance of an employee at work (at his workplace or on the territory of the organization - the employer or the facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcoholic, narcotic or other toxic intoxication;
c) disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee;
d) committing at the place of work theft (including small) property of others, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;
e) a violation by an employee of labor protection requirements established by the labor protection commission or the labor protection commissioner, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created real threat occurrence of such consequences;
7) the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer;
8) commission by an employee performing educational functions, an immoral act incompatible with the continuation of this work;
9) making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;
10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;
11) submission by the employee to the employer of false documents when concluding an employment contract;
12) cases provided for employment contract with the head of the organization, members of the collegial executive body of the organization;
13) other cases established by this Code and other federal laws.

Thus, if the employer asks you to quit of your own free will, most likely, he has no legal grounds for terminating the employment relationship. That is why the employer needs your desire, drawn up in writing.

Voluntary dismissal is one of the quickest and easiest. The employee wrote a statement, indicated in it a request to terminate the employment relationship from the date of writing the application, the employer agreed, and that's all - the employment relationship was terminated. Tomorrow, this employee will no longer go to work and will not be an eyesore to disgruntled bosses. In addition, upon dismissal of his own free will, the employee is not entitled to any compensation payments. That is why they are so eager to dismiss “of their own free will” when reducing the number or staff, when, by law, each employee has the right to pay severance pay and maintain average earnings for the period of employment .. Do not forget that if you have passed training at the expense of the employer and signed an appropriate agreement with the condition to work certain period, then upon dismissal of your own free will, you may be charged the cost of training! As you can see, the employer has a great opportunity save on such a layoff.

The legality of voluntary dismissal is very difficult to challenge in court. In the Resolution of the Plenum Supreme Court RF dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” states that if the plaintiff claims that the employer forced him to file 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. It is extremely difficult to obtain such evidence, especially after dismissal, so you need to prepare the evidence base in advance, but more on that below.
Summarizing the above, we can say that the dismissal of an employee "of his own free will" is the cheapest, most convenient and fast way it is guaranteed for the employer to part with the objectionable employee.

What to do if you are forced to resign voluntarily?

There are at least three options:

1. If the conversation with the employer made you think that the job is really worth changing (that is, you really have a desire to terminate the employment relationship), then you should write a statement and quit of your own free will. The rules are as follows.

In accordance with Art. 80 of the Labor Code of the Russian Federation, 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 institution, 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 statement.

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.

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.

2. If you really appreciate your work and would not like to part with it, then, first of all, you should try to talk constructively with the employer in order to find out why the employer is so eager to get rid of you, and whether you can do something with your parties to rectify the situation.

2.1 Most often, pregnant women find themselves in such a situation (who, for some reason, it is customary to get rid of among employers). What can you offer the employer in such a situation?

If the employer is illiterate, then he may believe that a pregnant woman, and subsequently a woman with a child, will lay an additional financial burden on the organization. This is not so, since all benefits for insured women (you are insured if the employer pays UST from your salary, or rather from the wage fund, which includes, among other things, your salary) are paid at the expense of the Social Insurance Fund.

Also, the following motives can move the employer:

- he does not want to look for a replacement for you,
- there are difficulties in finding an employee of your level (in the event that you are such an indispensable specialist, then it makes no sense to get rid of you at all, which the employer should hint about),
Difficulty in training existing employees.

What solution to these problems can you offer the employer?

a) The employer has the right to take another employee for the period of your stay on maternity leave and parental leave, concluding a fixed-term employment contract with him to replace the temporarily absent employee. So that the employer subsequently does not have difficulties with his dismissal, the term of the contract should be specified, for example, “for the period when Ivanova T.M. on parental leave."

b) Your duties can be distributed among other employees with their written consent with the establishment of appropriate additional payments for them for performing the duties of a temporarily absent employee (the employer has free funds in the form of your salary and can be used to establish additional payments). The possibility of such a distribution is provided for in Art. 60_2 of the Labor Code of the Russian Federation, according to which, in order to fulfill the duties of a temporarily absent employee without exemption from work specified in the employment contract, the employee, with his consent, may be assigned additional work both in another and in the same profession (position). The period during which the employee will perform extra work, its content and volume are established by the employer with the written consent of the employee.

What can you offer the employer for your part? Help find a replacement and keep her up to date before you go on maternity leave, and possibly promise to supervise her remotely (via phone or the Internet, if your job allows it) until delivery, or until you return to work. If the employer chooses the option of assigning additional responsibilities to existing employees, then you can help them get up to speed, leave them as much as possible detailed instructions, your phones or provide another opportunity to contact you to resolve current issues. In general, you have the right to continue working without going on maternity leave at all before giving birth, or to work at home or work part-time. As you can see, there are many options, you just need to find one that will satisfy both you and your employer.

A trade union, if there is one, can be a good mediator in finding a compromise with the employer, so be sure to contact them too.
If, despite all the efforts made, it was not possible to agree with the employer, then further actions depends on whether you are ready for open confrontation or not.

2.2. If you don’t have the strength to resist the employer, then you should write a letter of resignation of your own free will, having previously prepared for reinstatement at work in judicial order. To do this, stock up on evidence of the "forcedness" of your "voluntary" dismissal. The easiest way is to record your conversation with the employer on a dictaphone. It is important that the dictaphone record recorded threats or other pressure on you from the employer. You can provoke the employer to talk in the presence of colleagues or other persons who can later testify in court session(Do not rely too much on colleagues, as a rare employee will agree to testify against his employer). Once you have proof, you can apply.

Attention! Hint about the types of liability for late payment wages.

Experience shows that this course of action will most likely not solve your problem. There is a small chance that the employer will understand that it is better not to contact you and leave you alone. However, the most likely scenario is repeated dismissals, continued pressure and other illegal actions.
What happens next depends on your perseverance: how many times you are ready to be reinstated at work in court (keep in mind that real terms consideration of reinstatement cases is from six months to a year).

2.3 If open confrontation does not frighten you, then be prepared for the fact that having lost the opportunity to safely get rid of the employee, the employer will look for other options. As a rule, all the "creative ideas" of employers can be divided into two categories:

- those who pursue their goal, to form in you the desire to quit of your own free will;
- those that give the employer the right to terminate your employment relationship for other reasons. Since all other grounds require the presence of objective circumstances (and we have already said that since the employer needed your application, he has no other legal grounds to dismiss you), these circumstances will be “artificially created”. The only advice that can be given in this situation is not to give the employer, for its part, grounds for dismissal.

3. Quit, but on favorable terms.

Since, as mentioned above, the employer's interest is not only to get rid of you as an employee, but also to do it as quickly, simply and without conflict as possible, it is possible to bargain for providing the employer with such resource savings. What can you ask in exchange for your consent to quit? The law does not limit you in anything, the specific result depends only on your ability to negotiate. For example, you can condition your voluntary dismissal:

— payment of severance pay (arbitrary size);
— providing written positive recommendations for subsequent employers;
- providing a certain time to look for a new job;
- provision of unused annual leave with subsequent dismissal;
- and so on.

Verbal agreements with the employer should not be trusted, therefore, in this case, dismissal should be sought by agreement of the parties. The Labor Code of the Russian Federation very briefly regulates this species dismissal, which gives you the opportunity to include in the termination agreement any conditions that you agree with the employer. If the employer refuses to terminate the employment relationship with you by agreement of the parties, at least do not ask in the letter of resignation of your own free will to terminate the relationship with you before the expiration of the two-week notice period for dismissal. In this case, you will give the employer two weeks to fulfill the agreed conditions (or provide you with guarantees for their fulfillment), but if after two weeks the employer does not fulfill the agreement, you will be able to withdraw your application, which will deprive the employer of legal grounds to fire you.