How to write a letter of resignation: sample, form and legal advice

Modern labor Relations in Russia are regulated by law. And a person has both the right to work and the right to leave an unloved job. But does everyone know how to write a letter of resignation?

Legislation

The termination of the contract at the request of the employee is prescribed in the Labor Code. It states that any employee can leave work on their own initiative.

The main thing to keep in mind is that you need to inform the head of the organization no later than 2 weeks before the expected day of termination of the contract. A notice is a letter of resignation.

The form

The specified document is written by hand. Why is this needed? And will the printed form of the letter of resignation be valid? In general, a similar form may exist in your organization. It is optionally created by the personnel service. On the one hand, it can make your life easier. On the other, spoil it to the employer. The thing is that when you write a letter of resignation by hand, in unfavorable circumstances, to prove that it was you who created this document, it will be much easier in court.

And basically it is just the personnel service. However, in the same way, an illegal dismissal can be disputed by you, in the case, for example, if the application was written in your absence by another person. Indeed, you simply put your signature on the form, and forging the latter is usually not difficult. But to write the whole document in your handwriting is unlikely anyone will succeed. So it turns out that the writing is convenient for you and the employer - but, again, depending on the situation. In any case, it is better to play it safe, take a sheet of A4 form and write a statement in person.

What to write

Typically, a document is written under the dictation of a personnel officer. How to write a letter of resignation of his own free will, of course, he knows best, but it is better to be in the know. Firstly, the following should be written:

Putting the letter “c” before the date is not recommended. After all, a person is fired on the last day of his labor activity. And if you suddenly confuse the terms, the statement may subsequently be recognized as incorrectly drawn up. Remember that there must be at least fourteen days between the date of preparation of the document (which is indicated at the bottom left) and the day of dismissal.

Suppose you write a statement on the first day. The countdown of 2 weeks will start from the second, and you must work the next 14 days (if you do not agree with the employer about another). This means that the number of dismissals is considered the last day of these two weeks. As we can see, this is the 15th. At the end of this (working) day, you must be given a work book and all other documents required by law.

These may be salary certificates or copies you require. personnel documents. Keep in mind that you will need to declare the latter in advance (3 business days) and in writing. Salaries (including compensation for unspent vacation, if any) must also be paid to you. The employer, of course, can pay you off earlier, but no later than the day of dismissal.

What else should be indicated in the letter of resignation? Of course, to whom and from whom it was written. In the upper right corner of the sheet you indicate the position, surname, name, patronymic (you can initials) of the head.Below write "from:". Then indicate your name, surname, patronymic in full accordance with the passport and position on the staffing table. Lawyers are sometimes advised to write the name of the organization in the upper left corner. But this is optional. It is only necessary to correctly indicate the position of the head - not just "Director Ivanov Ivan Ivanovich."

Do not save paper. Write in full, let’s say: “To the chairman of the Firm, JSC, I. Kozlov.” Perhaps this will help you avoid adverse consequences. Put your signature and transcript on the bottom right. On the left, as mentioned above, is the date of compilation. And a couple more nuances. The word "statement" is written with a small (lowercase) letter. And if the date of your proposed departure falls on a day off, then the next working day should be indicated on the day of dismissal. Writing, of course, is better with a blue or blue ballpoint pen.

How to submit

Let's be honest: not in all organizations the bosses are good and honest people. Yes, and you are going to leave, most likely, not from a good life. However, breaking up with the old boss would be nice. Therefore, before a personal visit to the boss, it is better not to say anything to anyone. Of course, a statement should be made personally.

Before that, however, it would be better to register the document with the secretary or in the personnel department. It will put the incoming date and number. And you can make yourself a copy. You can never be sure until the end of where it will be afterwards. A careless director may leave your statement with himself and not immediately give an answer, they say, he will still think.

Or persuade to reflect on you, promising the golden mountains. And then inadvertently lose your application, and in a couple of days will dismiss you under another article. Well this is the worst case. In general, the boss should read your document, put his visa in the upper left corner and redirect it to the personnel department. Maybe he also indicate the date of dismissal.

And how to leave

Better, of course, not to argue with the boss. After all, you may need a good review from your previous work. Try to explain to him the reasons for your departure: whether it is a small salary or poor working conditions. It may happen that the chef will offer you something more. But here the choice is yours: if you have already agreed on a new place, and you don’t really trust the director, then it’s better to leave.

So here. As mentioned above, along with the visa, the boss can also indicate the date of dismissal. Keep in mind that it should not be different from what you indicated in the text. You can, of course, peacefully agree that neither you nor the organization need mining. However, it is better to document everything.

Special cases

Well, firstly, it may turn out that you have a good relationship with the boss, and he already has a replacement worker. Then you should rewrite the statement and indicate there the reason for the early termination of the relationship. How to write an application for dismissal without practicing two weeks? A sample is given below.

Just add a reason, for example, "for family reasons" or "in connection with the move." But all this, as they say, "by agreement." There are legal grounds for terminating work without working out. Among them - leaving the army and retiring or violation of the law by the employer.

Also, review your contract. In the event that it is urgent, you can notify the employer about leaving not in 14 days, but in three. But if you are a leader, you will have to wait a month.

The way back

The employer cannot dismiss you on your own initiative earlier than the statutory period, unless, of course, he agrees with you. However, remember: any day before the end of the warning period, you can withdraw your application and continue to work. But here there are some nuances.This is possible only if, during the time that the director had, he no longer invited in writing to your place another employee who can no longer be refused.

What does it mean? A candidate for your place must be invited in writing by transfer from another organization. In addition, the date of departure from the same place cannot be further than a month from the date of the proposed employment. So finding such a candidate is quite difficult. And even if your employer has already concluded a contract with someone (not suitable for these conditions), this does not deprive you of the right to demand your application back.

On a note

1. If necessary, you go on vacation, and then quit. But you must warn about leaving fourteen days before the start of the vacation!
2. Is it possible and how to write a letter of resignation while on vacation? The sample looks the same as with standard firing. But keep in mind that in the general case you will be fired only after 14 days from the date you leave the vacation.
3. And if during that time you still suddenly take sick leave, then the main paid vacation will have to be extended, and at the same time delay the date of dismissal.

Difficult situations

If you have problems, but don’t know how to write a letter of resignation to care for a child under 14 years old, it is better to do the following. Article eighty of the Labor Code of the Russian Federation, of course, does not provide such a reason for leaving without working out. But you can take, say, a certificate of the need to care for a child in a medical institution.

In fact, an article in the Code refers to some other reasons. But most likely, this way you and the employer will still be able to agree.

Retirement in itself is a good reason. Therefore, article eighty of the Labor Code of the Russian Federation allows men, when they reach 60, and women 55, to leave without working out. Therefore, questions regarding how to write a letter of resignation in connection with retirement should not arise.

We hope you find this article helpful.

Download the letter of resignation