In the practice of any enterprise, there are situations when any of the employees voluntarily ceases their professional activities. In general, the procedure for terminating an employment contract at the initiative of an employee is quite transparent. However, situations often arise that require a subsequent trial. Let us further consider what are the main conditions for terminating an employment contract at the initiative of an employee. 
Normative base
The issue under consideration is covered in Art. 77, paragraph 3, part 1. Termination of the employment contract at the initiative of the employee is further explained in detail in the 80th article of the Labor Code. It should be noted that the provisions of the last article apply to civil servants. In Art. 36 Federal Law No. 79 provides for a similar art. 80 rules.
Term of termination of the employment contract at the initiative of the employee
The legislation spells out a general rule. It is established in part 1 of the 80th article. If the employment contract is terminated at the initiative of the employee, the application must be submitted in writing no later than 2 weeks before the date of dismissal, unless a different period is specified in the Federal Law or other articles of the Labor Code. The countdown of two weeks begins on the day the manager receives the notice. For example, if it was filed on June 9, 2010, then the period begins to flow from the 10th. Accordingly, the termination of the employment contract on the initiative of the employee will occur on June 23, 2010. It is worth paying attention to the wording of the provision of part 1 of article 80. It states that the application must be submitted no later than 2 weeks. Moreover, the second part of the article says that dismissal can occur before the end of the specified period. That is, the employee submits the application, and the employer dismisses him any day for 2 weeks. In this case, there is no need to draw up a separate agreement and terminate the legal relationship under paragraph 1 of the first part of Art. 77 TC, as many see it in practice. Thus, as a basis for termination of the employment contract at the initiative of the employee, a notification of the manager of his desire is made.
Important point
One of the letters of the State Inspectorate for Labor of St. Petersburg says that if an employee has a desire to be dismissed before the end of the established 2-week period, he should indicate the exact date in his notification. The employer, in turn, must be answered in the resolution to the appeal whether he agrees to the early termination of the employment contract at the initiative of the employee or not. If the answer is no, the employee is not entitled to leave his place before the expiration of the prescribed two weeks. Otherwise, he will be relieved of absenteeism. At the same time, it seems true that the employer cannot terminate the employment contract even after 2 weeks if there is an indication in the application for the exact date if the employee has not expressed the corresponding desire again. In order to avoid such contradictions, it is advisable to resolve the issue by agreeing the date of dismissal in a separate agreement. In addition, according to the wording of Part 1 of the 80th article, we can conclude that the application can be submitted a month before the date of the official termination of the contract. In this case, it is also advisable to indicate the specific date on which the employee would like to be dismissed. Otherwise, the set-off goes the established two-week period. 
Other circumstances
The reasons for termination of the employment contract at the initiative of the employee can be very different.Depending on them, this or that period of notification of the head of the enterprise is established. Not all cases are subject to a two-week prescription. For example, the following situations may arise:
- Approached retirement age.
- The employee entered the educational institution.
- Spouse is sent to work / service in another region and so on.
In these cases, the termination of the employment contract at the initiative of the employee is carried out on the date indicated in the notification. A similar rule applies to the identification of violations by the employer of the Customs Union and other industry standards, local documents, and provisions of collective agreements. Such cases, in particular, include delayed payment of salaries, refusal to provide leave, and so on. Such violations are established by authorized supervisory authorities, trade unions, the court, labor dispute commissions.
Trial period
What happens in this case, the termination of the employment contract at the initiative of the employee? The Russian Federation is a democratic state that pays special attention to observing the rights and freedoms of the population. In this regard, the legislation particularly regulates legal relations relating to the interests of citizens engaged in their professional activities. Along with this, the state is interested in obtaining skilled labor. To identify the suitability of the candidate’s professional skills for the position he is applying for, the employer may establish a trial period for him. This time period, in addition, will allow the employee to understand whether this work is suitable for him or not. In the latter case, he may quit before the end of the specified period by voluntary expression of will. In this case, he needs to notify the head of the enterprise three days before the expected date of termination of the contract. 
Controversial moment
Upon receipt of a notice from an employee residing at trial period on his last day, tenants often have a question about exactly when to terminate the contract: after 3 days or 14 days? This misunderstanding is connected with part 3 of the 71st article of the Labor Code. It stipulates that if, after the end of the trial period, the employee continues professional activities at the enterprise, then he is considered to have passed the audit. The termination of the employment contract at the initiative of the employee is made, thus, in accordance with the general rule for all staff members. From this, employers conclude that the dismissal will occur in 2 weeks. However, the Code contains part 4 of the 71st article. According to the wording of the norm, it turns out that if a citizen during the test realized that the work is not suitable for him, the termination of the contract on his application should occur after 3 days, even if the warning period goes beyond the time of verification.
Other exceptions
With regard to the managers of the enterprise deviations from the general rules are also provided. According to Art. 280 such employees must notify the tenant, who is the owner of the property of the company or his representative, no later than a month before the expected date. Similar rules are set for coaches, athletes in Art. 348.12. The exception is termination of a fixed-term employment contract on the initiative of the employee (for a period of less than 4 months).
Notification
Often in practice there are situations when the employer does not want to dismiss the employee and, accordingly, does not accept his application. In such cases, employees act differently. For example, employees simply leave their notice with the secretary on the table, and after 2 weeks (or from the date indicated in the application) simply do not appear at the enterprise. However, this behavior is against the law. In such a situation, the head of the organization may dismiss an employee for absenteeism.The fact is that the application must be registered according to the rules established by the local documents of the enterprise. Only in this case will the notice be considered filed. Registration can be carried out by making an appropriate entry in the register of such documents. Some points that are not reflected in the TC are explained by a letter from Rostrud. So, it says that the legislation does not establish requirements for the method of filing a notice. It, in particular, can be sent by registered mail. It is recommended to issue an additional notice and draw up inventory of investments. The due date will begin on the next day after management receives a letter. 
Effects
If the employee complied with the rules for filing a notice, then at the end of the period established by law, he may cease his activities in the enterprise. The employer, in turn, is obliged to give the employee a work book and upon written request other documents relating to his work. On the same day, the final settlement with the employee is carried out. If at the end of the two-week period the contract was not terminated, and the employee himself does not insist on dismissal, then the contract continues. This is indicated in part 6 of the 80th article. The same should be done with respect to civil servants under the indicated conditions.
Dismissal during illness / vacation
In some cases, the question arises: is it possible to terminate the employment contract on the initiative of an employee who is on vacation or is sick? In addition, there are ambiguities in the situation if 2 weeks expire during these periods. Questions of this kind are connected with part 6 of the 81st article of the Labor Code. According to its provisions, it is not allowed Dismissal of an employee absent due to illness or on vacation. But this rule applies to cases when the termination of the contract is initiated by management. With regard to the will of the employee, the legislation does not establish any requirements in such situations. This means that the general procedure for terminating an employment contract at the initiative of the employee will be valid both during his employment at the enterprise and during absence due to illness or vacation.
The "request" of the employer
Sometimes the employer asks the employee to quit at will. This happens when the employer does not want or is not able to pay the employee the due compensation. For example, this situation may occur when staff or staff are reduced. Such a request may also come in the case when the employee does not meet the required level of qualification, and the manager does not want to conduct certification. In any of these situations, the tenant’s actions are unlawful. Termination of the contract by the employee must be voluntary. When considering a case in court, if the plaintiff asserts that the defendant (the head of the enterprise) forced him to leave the company of his own free will, then this circumstance will be carefully checked. At the same time, the employee is obliged to prove this fact. 
Revocation of notice of termination
Part 4 of Article 80 of the Labor Code provides for the right of an employee to withdraw an application at any time before the end of a two-week period. Accordingly, dismissal in this situation will not be made. An exception is the case when another specialist is invited to the place of the employee in writing. In accordance with applicable law, the latter cannot be refused employment. In practice, there is an opinion that an employee can withdraw his notice even when the manager has already invited another specialist, but he has not quit his company.
Such an interpretation of the legislative norm was proposed by the definition of YOU. It is based on part 4 of the 64th article of the Labor Code.In accordance with this norm, it is forbidden to refuse employment to an employee invited to the enterprise by transfer and in writing, before the expiration of a month from the date of dismissal from the previous place. At the same time, when considering part 4 of the 64th and part 4 of the 80th article, we can conclude that in order to terminate legal relations with the employee who submitted the notice, but before the expiration of the period established by law, which revoked it, a written invitation is sufficient another specialist to transfer him from the previous enterprise. Part 64 of the article establishes only an additional guarantee for transferring employees in the form of a ban on refusing to accept them for an enterprise for a month.
Vacation and subsequent dismissal
As mentioned above, even while on vacation, an employee can send a notice of his desire to quit. In such cases, it is necessary to take into account a number of nuances that accompany the termination of the employment contract at the initiative of the employee. The sample content notice will not be different from the notice filed in the normal case. Difficulties may arise in documenting the procedure itself. According to part 2 of the 127th article of the Labor Code, the last day of vacation will act as the day of dismissal.
The employer is not entitled by law to call an employee during the rest period for paperwork. In addition, the head cannot delay the preparation of the necessary papers and ask the specialist to come after vacation for them. In this regard, paperwork and issuance of documents should be done on a business day immediately before vacation. He will be the last to send a recall of his notice of dismissal. Similarly, a termination of a fixed-term employment contract is carried out on the initiative of an employee who is on vacation. 
Paperwork
In a statement, an employee in a free form sets out his request. If the termination of legal relations is expected after the rest, then the wording should be appropriate. An employee can write the following: I ask you to provide leave from __ to __ with the subsequent dismissal. "Next, the preparation of documents confirming the termination of the employment contract on the initiative of the employee begins. The order is the very first of them. It is drawn up according to F. T-8, approved by the Resolution of the State Statistics Committee. of the order (order) is carried out on the last working day for the employee. This is due to the fact that until this date he can exercise the right to withdraw his notice. to be covered by clause 3, part one of article 77. This is stipulated by clause 15 of the Rules for the storage and maintenance of work books, which, in particular, indicates that in the event of termination of legal relations under the circumstances established in art. 77, with the exception of clauses four and ten hours 1, the documents issued to the employee shall be recorded with reference to the norm of dismissal. When the contract with the civil servant is terminated, clause 3 part 1 of article 33 shopping mall. After making the necessary entries, the accountant must draw up a note-calculation. 
Budget institutions should use the form established by Order of the Ministry of Finance No. 148n. In a personal card (form T-2), it is necessary to make a mark in column XI, and in a document of form T-2GS (MS) - a card on a state or municipal employee - in column XII. The record should indicate the reason for termination of the contract (dismissal). When issuing a book, it is necessary to make an entry in the book on the accounting for the movement of these forms and their inserts, approved in Appendix 3 to the resolution of the Ministry of Labor No. 69. In addition, when creating a time sheet in the cells of calendar days in the month of the billing period after the dismissal of the specialist , dashes are put down. This requirement is provided for in order No. 148n.
