Do not sign a letter of resignation? What to do? Similar questions arise for employees not too often, but they do occur. Especially when it comes to a valuable and experienced staff who decided to leave their employer and the company in which he worked for a long time. Is it possible not to sign a letter of resignation? How legal is this decision? What to do in this situation? Answers to these questions will be given below. In reality, everything is not so difficult as it seems. It is enough just to comply with the current legislation of the Russian Federation.
Methods of dismissal
To begin with, termination of employment is different. In Russia it is possible to leave work:
- by agreement with the employer;
- staff reduction;
- on their own initiative;
- on the initiative of the boss (not always).
The least problematic is the dismissal at the request of the employee. But in this case, the employee may encounter a situation in which the application will not be signed. How legal is this? And how to behave?
About Signatures
Can they not sign a letter of resignation? It is important to understand that under the Labor Code of the Russian Federation no signatures are essential for terminating labor relations at the request of an employee.
The thing is that only the applicant should leave a signature on the application in the established form. Without its mark the document is recognized as invalid.
The employer or his representative only marks the application on acceptance of the request for consideration. This is necessary to start the dismissal process.
Practice life
Can they not sign a letter of resignation? Sometimes in practice there are similar situations. The employer simply does not accept the application or does not put marks on it that the authorities were notified of the termination of the employment relationship.
How legal are such actions? Unfortunately, in practice they are quite common. An employer may indeed not sign a letter of resignation. But this is not a reason to despair! There are other ways to notify superiors about quitting work.
Total information
Do not sign a letter of resignation? What to do? First you’ll have to carefully study the current legislation of the Russian Federation.
Upon termination of the employment type at the request of the employee, the latter shall retain the obligation to warn the employer of his decision. This must be done in advance. More precisely, then no later than 2 weeks before leaving work.
Article 80 of the Labor Code of the Russian Federation allows you to quit at any time of your own free will. It is enough to notify the authorities in writing of the decision, work for 14 days and pick up the documents required for dismissal. It would seem that everything is simple. But actually it is not.
Coercion or not?
If the boss does not sign a letter of resignation, then you will have to act somewhat unconventionally and decisively.
The thing is that the right to terminate labor relations at any time is assigned to each subordinate. It cannot be taken away. Forced labor is prohibited in Russia.
This means that in the absence of a corresponding mark on the application for termination of the employment contract, the head violates the current legislation. As we have already found out, this practice is quite common.
But this does not mean that there are no workarounds. The visa of the head of the mentioned document has no legal force. And it does not affect the citizen’s right to dismiss at will.Although, by law, a signature is required. Failure to accept the studied paper openly violates the current laws of the Russian Federation.
Second copy
Now a little about how to be if the employer does not sign a letter of resignation. The authorities refuse a legal visa?
Then you can make 2 copies of the application. Give one to the head or the authorized division of the company, and on the second document to receive the signature of the person who accepted the paper that the request was submitted and the countdown of 2 weeks went.
Unfortunately, such a situation is often difficult to put into practice. After all, all the higher divisions of the company most often refuse to accept the request for termination of labor-type relations.
Help Mail
If the boss does not sign the letter of resignation, it is much easier to go the other way. Namely, to use the services of mail. With its help, it will be possible to prove the fact of notifying the employer of their intentions. Accordingly, if after 14 days from the date of sending the letter the citizen was not dismissed by law, he can either complain to the Labor Inspectorate, or simply not go to work and demand a work book with a view to hands.
Do not sign a letter of resignation? What to do? Send paper by registered mail! So the subordinate will have evidence that he made attempts to notify the employer of his intentions.
Complaints
Under article 80 of the Labor Code of the Russian Federation, an employee who has notified the boss in advance of termination of employment may not work after 14 days from the date the employer received the study paper. This action will not be considered absenteeism.
Refuse to sign a letter of resignation? You can contact the Labor Inspectorate with a corresponding complaint. There 100% will explain how to proceed further. But in order to confirm the legitimacy of the complaint, you will have to have evidence of attempts to peacefully resolve the issue.
Threats of dismissal under article
Often, employees are threatened with dismissal under the article. For example, for absenteeism. After all, in fact, if a citizen does not go to work or is absent from the workplace for more than 4 hours in a row, then a disciplinary sanction can be applied to him. And even get fired.
In fact, these threats have no real power. Usually, if more than 3 months have passed since the misconduct, then dismissal under the relevant article is not possible.
What should an employee do? To do everything to prove the fact of notifying the employer of intentions to leave the workplace. The absence of the head’s signature on the document is not a reason for the ban on leaving work.
Litigation
If the director does not sign the letter of resignation, then we can, as we have already found out, complain to the Labor Inspectorate. Such a measure really helps to prove their case.
Sometimes it turns out that the boss not only does not sign the corresponding application, but also refuses to issue a work book with a calculation. What to do?
It is recommended to go to court. In this situation, it is enough to prove an advance warning to the authorities about their intentions and fix threats and refusals. Judicial authorities will necessarily side with the subordinate. After all, as we have already found out, they cannot refuse to terminate employment at the request of an employee.
Vacation and Dismissal
Do not sign a letter of resignation? What to do? The answer to this question will no longer be a hassle. Everyone decides which way to go. It is best to simply send an alert by mail with a notification of receipt, and then act through Labor Inspectorates and the judiciary.
Can employees leave work as they wish during their holidays? Yes. These cases are subject to all the previously listed rules and features. This means that the application must accept and put on it a visa.
Failures are impossible. In practice, while on vacation, employees notify of dismissal by mail.Such a technique, as mentioned earlier, eliminates most of the problems. It contributes to the legal termination of the type of employment between the employee and the employer.
About Payments
Are you planning to dismiss on your own? Do not sign a statement? How to act in this case was described earlier. Some are wondering if any money is due for such termination of employment.
Yes. According to the law, upon dismissal on their own initiative, an employee is issued:
- money for days worked in a month;
- compensation for unused vacation.
Other payments are transferred on the basis of an employment contract. That is, if other monetary compensations are indicated in the agreement, they are obliged to issue them upon leaving work. Otherwise, you can not count on additional finance.
Summary
Refuse to sign a letter of resignation? How to act in such circumstances has already been described. In fact, everything is much simpler than it seems. Especially if you communicate your decision by sending a letter of receipt of receipt. In this situation, the 14-day countdown will begin upon receipt of the application by mail.
If it was not possible to peacefully solve the problem being studied, then the employer should consider that his subordinate is able to turn to labor inspectorates and courts for help. And this is all legally.
In fact, they can’t refuse to accept the application for termination of labor-type relations. In Russia, this is prohibited by current legislation. The main thing is that the employee himself signed the paper. It is without his signature, as has already been said, that the application will not have any legal force.
The employer's signature on acceptance of the request to terminate the employment contract is a formality that saves the company from unnecessary problems. Therefore, in order to expedite the process, it is recommended not to violate the current legislation and the principles of dismissal. What to do if the manager does not sign a letter of resignation? Answer now is not difficult!