A very important issue in the termination of employment is the warning of dismissal. It plays a huge role in the procedure for leaving work, especially if the employee decided to leave his former place of work. What features of the procedure should be considered by subordinates and employers? What does labor law say regarding termination of employment? Is it necessary to work out some time after notifying the authorities about their actions? Are there any secrets that will help to relieve some of my obligations upon dismissal? Having understood all this, you can easily leave any employer.
Methods of dismissal
Dismissal from work is a process that sooner or later every subordinate faces. In Russia, you can terminate the employment relationship:
- by agreement of the parties;
- at the initiative of the employee;
- in connection with the liquidation of the company;
- at the request of the employer;
- due to staff reductions.
It is recommended to come either to a peace agreement or to leave work independently. It is the latter scenario that we will consider below.
Own decision
A warning of dismissal upon termination of an employment contract is an extremely important step. If a person decides to leave work independently, then he is obliged to inform the decision taken in advance to his boss.
The Labor Code provides for a two-week term for dismissal. This means that an application of the appropriate form must be submitted no later than 14 days before the proposed retirement.
Exceptional Cases
But there are always a number of exceptions. Sometimes you can warn about your intentions in less time. For example, in 3 days. When is this possible?
A warning of dismissal at the personal request of an employee for 3 days is possible:
- when employed in seasonal work;
- while on probation;
- if the employment contract is concluded no more than 60 days (or 2 months).
In other cases, as it is correct, it is required to warn about your decision in advance.
Employer initiative
It is necessary to behave somewhat differently if the termination of the current employment contract is planned on the initiative of the employer. In this case, you will have to notify employees of their intentions in more than 14 days.
The employee must be warned of dismissal at least 2 months before the person leaves work. Otherwise, a citizen may apply for help to the Labor Inspectorate and reinstate in the company.
About mining
An important point is mining. When leaving according to the established rules, citizens must work for a certain time and only after that leave.
The need for testing is not clearly stated in the Labor Code of the Russian Federation. The mentioned Code only states that a citizen is obliged to inform in advance of his intention to quit. But in fact, he should not work out.
How long does it take to stay at work after submitting an application for termination of employment? According to the law, working at dismissal lasts 14 days. This is exactly the time during which the employer will deal with the execution of the order to terminate the employment contract with a subordinate.
No mining
So that during the implementation of the task no problems arise, it is recommended to pay attention to some features and nuances of the topic.As already mentioned, citizens may not work for two weeks after notifying the employer of their intention to leave work.
This is possible if:
- a citizen is dismissed in connection with caring for a disabled child or a seriously ill relative;
- the employee leaves work due to the transfer of his spouse to another region for the performance of labor duties;
- a person refuses further cooperation in connection with retirement.
These are the most common scenarios. But they are not exhaustive. There are a number of tricks that will help you not work out after a warning of dismissal of your own free will.
Secret moves
What exactly is it about? To date, employees have learned not to work out 14 days after submitting a letter of resignation. Moreover, as practice shows, completely legally.
The thing is that any officially employed citizen can leave work at any time. There are no prohibitions in this regard. The main thing is to warn the boss about your decision in advance.
In this case, in order not to encounter mining, it is allowed to:
- Make a vacation. For example, at your own expense. In this case, the citizen first submits an application for leave, and then notifies of dismissal. The employer cannot, according to the Labor Code of the Russian Federation, call for working off during legal rest.
- Go to sick leave. You will have to act in exactly the same way as in the previous situation. First, the employee leaves for the sick-list, then warns of the intention to quit. The call to practice, if any, may simply be ignored by the employee.
In addition, it is allowed to agree with the boss on exemption from mining. But this alignment is extremely rare in practice.
We quit ourselves
So, now we will consider step-by-step actions upon termination of labor relations. For example, if a person himself wants to leave work without good reason.
In such circumstances, it is necessary to act as follows:
- Make a letter of resignation.
- To warn the employer of the dismissal of their own free will. To do this, you must submit an application in the prescribed form (in writing) to the head.
- Wait 2 weeks and familiarize yourself with the order to terminate the employment contract.
- To receive documents issued upon dismissal - a pay sheet, a work book, a certificate of income.
- Sign on the letter of resignation and in the journal on the issuance of papers.
- Get in accounting accounting. Put a signature in the calculation journal.
This is where all the actions end. A citizen is considered officially dismissed. The employer files the employee’s file and sends it to the archive for further storage.
Senior Citizens and Careers
Is there a dismissal warning if an employee intends to retire? Yes! Only you can notify the boss about the intention to leave work no more than a day.
That is, when an employee leaves his job due to retirement, he should not only worry about working out, but he can also submit an application for consideration a day before the registration of his pensioner status. Although in practice, such situations are not welcome.
Another feature in relation to pensioners is that sometimes mining will still take place. The thing is that her absence is provided only for the initial retirement. If a person draws up a pension for the first time, and then he is again employed, then upon repeated dismissal, work takes place.
Calculation of severance
A warning of dismissal is far from the most important nuance of the procedure. After the employee informs his boss about plans to leave work, you need to pay attention to the obligations of the employer. Especially for calculating with an employee.
Upon termination of employment, the following payments are due:
- compensation for vacations that have not been used;
- earnings for the time worked before dismissal.
These are obligatory payments, which take place almost always. In case of staff reduction or dismissal at the initiative of the employer, as well as due to liquidation of the enterprise, a severance pay is due.
Until the citizen is given the required funds, he may not sign the register of settlements with employees. So, do not be among the dismissed.
Based on the foregoing, the conclusion follows that mining will also be paid. In this case, the usual salary of the subordinate is taken into account. That is, when working out, it will be possible to get money for spent 14 days at work.
To summarize
From now on, it is clear how the dismissal from work occurs. It is important to note that not all citizens can be fired on the initiative of their superiors. For example, the Labor Code of the Russian Federation prohibits the dismissal of pregnant and maternity leave women. In this case, termination of the employment contract is possible at the request of the employee.
Nevertheless, a dismissal warning is a mandatory step in the termination of the relationship between the employee and the employer. You just can’t not come to work one day. Such a step will be regarded as truancy.
Another nuance: upon dismissal, the reason for termination of relations is obligatory entered into the work book. For example, "on their own" or "in connection with the liquidation of the company." If the employer has not put the appropriate mark in the subordinate's employment document, the dismissal procedure will be considered violated. And the employee will be able to either not agree to suspension from work, or he must contact the Labor Inspectorate to protect his rights.
In fact, it’s not so difficult to draw up an employer’s warning of resignation. The statement, as was emphasized earlier, is written and submitted to the head. The employer is not entitled to postpone the dismissal or not to accept the corresponding notification.