Dismissal of one's own free will without work - sample application, rules and procedure for dismissal

The legislative framework

Like any action regarding the company, work, etc., dismissal at will is also supported by a number of quite important articles in the Labor Code of the Russian Federation:

Dismissal without service is fully spelled out in the third part, Article 80 of the Labor Code of the Russian Federation.
It is worth noting that in case of premature liquidation of an organization, the manager himself is obliged to warn the employee about the closure of the company two calendar months in advance.
If an employee has children under three years of age, then the employer is assigned a condition that indicates urgent dismissal strictly according to the number written in the employee’s application (Part 3, Article 81 of the Labor Code of the Russian Federation).
An employee going on leave without working is required to draw up a competent application and submit it to the manager for consideration (this is in case of important problems on your part). This point is supported by Article 80 of the Labor Code of the Russian Federation.

Dismissal of a pensioner without his consent

Dismissal without the consent of the employee can only be carried out on the following grounds:

as a disciplinary sanction;
in connection with the reorganization or closure of the company;
due to a reduction in the number of employees at the enterprise, etc.

There is no language in the law that would allow a company to fire a retiree. If this does happen, the illegally dismissed employee should contact the labor inspectorate or the judicial authority to protect his rights.

Reasons for voluntary dismissal without work

Earlier, some good reasons were already mentioned. Now let's look at each in more detail in order to give an accurate description of everyone.

The first quite important reason is the employee’s banal incapacity for work ; most often this action is caused by retirement.
Further, the following happens: an employee has entered any educational institution and simply cannot combine two opposing points together.
If the head of the organization himself has violated any legislation of the Russian Federation, then the employee who noticed this law-breaking action can report this to the authorities, as well as write a statement of voluntary resignation from the company.
It is worth noting that if an employee moves to live in another area where there is no company or its branches, he has every right to resign at his own request without any work.
If your husband or your wife moves to another city on a permanent basis , then you can quit your job without any problems, since this is a valid reason.
The presence of illnesses in children under three years of age is one of the important reasons to leave the workplace for an indefinite period; these actions are strictly supported by the labor legislation of the Russian Federation.

sample letter of resignation at one's own request in MS Word format.

Example of an application for voluntary resignation

As mentioned above, writing a resignation letter of your own free will is not a difficult task at all. Let's describe it step by step:

In the upper right corner of the document you should indicate to whom this application is addressed (director, general director, etc.), his last name, first name, patronymic in the genitive case, as well as the name of the employing organization (indicating the status - individual entrepreneur, LLC, CJSC , OJSC). It is also necessary to indicate from whom the application is made, also indicating the position and last name, first name, patronymic in the genitive case.
In the next line, in the center of the line, with a capital letter, the word “statement”, and after it a period.
Below, on the red line, you need to write a simple text: “I ask you to resign at your own request on such and such a date.” There is no need to add or attach any additional explanations or justifications to this application, except in situations where the dismissal needs to be processed urgently, without a two-week “working out” period.
In conclusion, you need to put a signature (with a transcript) and the date of writing this application. The two-week countdown will begin from the day following the writing of the application.

Rules for dismissal at will without work

As in all more or less important operations, this one also has its own fundamental algorithm of rules that will help when drawing up an application, as well as during the entire process as a whole.

One of the most important aspects is that the application must be drawn up in a purely constructive and informational style, as well as in writing, otherwise the employer simply will not accept your application or, even worse, put it on the shelf, and this is completely unnecessary.
After reading the written statement, your requirements should be clear, so do not put too much pressure in a business style.
In the application itself, you need to indicate all the fundamental dates (date of expected departure from the organization, date of writing the application, and so on).
Next, you should send a fully completed application to the employer for consideration (if the reason is important, then for review).
The final fact is the manager’s familiarization with the application and subsequent signing. After this, you are removed from all possible company registers.

The procedure for dismissal at will

Quite often, due to age, health or family reasons, a person decides to quit his job of his own free will.

For a working pensioner, this procedure is no different from the dismissal of an ordinary employee of an enterprise.

The basis for settlement from the workplace is the employee’s statement of resignation at his own request.

You should not indicate “retirement or reaching retirement age” as a reason. This formulation is incorrect, because the employee is already retired and cannot re-enter it.

The application must include a management visa. In addition, at his own discretion, a working pensioner may or may not work for two weeks. An indication that the employee is a pensioner is required in the application submitted for signature to management.

The work book handed out may or may not indicate the reason for dismissal in the following wording: “Dismissed from his position at his own request due to retirement age or retirement.”

Nuances

As in all areas of personnel activity, this one also has its own nuances and “pitfalls” that any ordinary person should know, so as not to end up in a situation in the future, the location of which will be more and more depressing every day.

So in this case everything is quite clear, knowledge is power. You should master it to the fullest in order to be “savvy” in absolutely any issue related to your field of activity.

Main nuances:

The main terms that will appear upon dismissal are established exclusively by the resigning person. All this is fully consistent with Article 80 of the Labor Code of the Russian Federation.
In almost all areas related to a particular company, all kinds of statements are drawn up exclusively in free form, which is quite reassuring in its simplicity. However, one should not forget about the business style; everything is written according to it, but without limiting boundaries.
After the final submission of the completed application, the employer only needs to wait some time to sign this application for voluntary dismissal without work (if, of course, the reason is good enough).

Nuances when dismissing a part-time worker:

One of the most important factors is that the dismissal of a part-time employee extremely rarely takes place without working off (only in really important cases), and in all others a two-week working period is assigned.
Under no circumstances can the dismissal of a part-time employee take place on various holidays. This happens because accountants are at home, since most often the red day of the calendar is a day off. You will have to wait for it to be completed and subsequently signed by the manager.

Nuances when dismissing a pensioner:

After an employee has reached retirement age, he has the right to remain in his position if his performance is satisfactory to his managers.
The main nuance is that a pensioner can write a letter of dismissal at any time, and he will be required to dismiss him under Article 80 of the Labor Code of the Russian Federation.
It should also be remembered that after all actions are completed, the employee is even entered into the work book with such an aspect as “Dismissal at his own request without working off.”

Nuances when dismissing a disabled person:

The fundamental factor that needs to be remembered is that, according to the legislation of the Labor Code of the Russian Federation, a disabled working person cannot be fired without providing appropriate evidence of his incapacity for work. Only in this option is dismissal by managers possible.
But, the employee himself can quit at any time without working off. Since the employee has a disability, he can leave for health reasons, however, it is necessary to support this information with relevant certificates in order to fully convince the employer that he is right.

Dismissal at will without work if the employer violates the law

An employee who notices any violation of the Labor Code of the Russian Federation on behalf of the manager, and also proves this, has the right to apply for dismissal of his own free will without working off. But here a small snag arises: how can you prove an illegal action on the part of an entrepreneur?

It is in this matter that you will be helped by the involvement of internal authorities for a thorough check in order to ensure the authenticity of the accusation. In this situation, paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation will help, where it is stated in clear language that it is a mandatory action to prove the charges already mentioned to the authorities, otherwise you can get punished for false information.

In what cases must an employee set the period of time worked?

The head of a particular company violated the labor code of the Russian Federation.
The employee is disabled (most often employees with some degree of disability).

For the first point, it is always worth remembering one thing , the meaning of which is that you first need to establish the found violation at the legislative level, otherwise nothing will work, since without evidence Article 80 of the Labor Code of the Russian Federation cannot be confirmed.

The second point tells us that the employee is unable to continue his legal activities due to health reasons or the instructions of the attending physician; there is no other way. If your doctor has prescribed this, you should attach a copy of this document.

Can a pensioner resign from work of his own free will without working off?

In the Labor Code of the Russian Federation, which regulates all significant relations between an employee and an employer, the term “working off” cannot be found . It only states the need to give notice of dismissal to representatives of the organization where he works no less than 14 calendar days in advance. In other words, the employee writes a corresponding application 2 weeks in advance. However, the word "working off" is firmly rooted in the lexicon, so it will be used here in the appropriate context.

2 weeks is the maximum period of work. In practice, an employee can reach an agreement with his superiors and quit much earlier.

Pensioners who work after reaching the appropriate age carry out their labor function on a general basis, without any significant benefits and preferences. However, upon dismissal, they have the right not to work. In other words, pensioners can write a statement and leave work literally the very next day . And this will not be a violation of labor laws.