If you plan to retire, you must figure out how to announce your retirement to your boss and co-workers. Letting your employer know that you are retiring in advance can give them ample time to find a replacement for your position. Here is how and when to announce your retirement.
You should give notice for retirement at least 3 to 6 months before the anticipated date of retirement. If you are a junior employer, you may be allowed to give at least a 30-day notice in advance. Research your company retirement policy to know how much notice you should give. Giving prior notice allows the company to recruit, hire, and train suitable candidates for your position.
If you are nearing retirement age, you should announce your retirement at least 3 to 6 months in advance. This may apply to senior positions at the managerial or departmental head level so that the company has sufficient time to interview and hire qualified candidates. However, some junior positions may require a shorter notice period of at least 30 days for the company to find suitable replacements.
To ensure there are no challenges when you retire, you should check the company policy to know how much notice you need to give before retirement. Companies may have different policies on when retiring employees are required to give notice, and you should observe these timelines when issuing a retirement announcement letter. Giving an advance notice shows courtesy towards your employer, and it helps maintain professional relationships with the company even after you leave. Also, issuing an advance notice may be a pre-condition to secure your retirement benefits.
If you have worked for your current employer for a long time, it is wise to maintain a good professional relationship with them even after retirement.
Here are some reasons why you should give notice of intent to retire:
If you have not figured out what you will do after retirement, giving prior notice gives you more time to rethink your decision and consider the options you have in retirement. Whether you want to move to a tax-friendly state, go for a vacation, start a business, or become a consultant, the notice period is a good time to figure out your post-retirement schedule.
Also, the notice period gives your employer enough time to find a suitable candidate to fill your position. You may be required to train the hired employee so that there is consistency in the tasks allocated to your position.
Some employers may require retiring employees to submit a retirement announcement letter so that they can get access to their employer-sponsored retirement plan savings. However, not all employers have this policy, and not submitting a notice for retirement does not mean you won’t access your benefits.
Check your company policy to know if you are required to give notice.
Informing your employer that you are retiring helps build a professional relationship with the employer even after you retire. If you decide to retire abruptly without giving formal notice, it will be difficult to rebuild the relationship with your employer when you are no longer working in the company.
When announcing your retirement, it helps to know the right method to inform your employer and co-workers that you are retiring. Here are steps to follow when announcing your retirement:
You should familiarize yourself with the company policy on retirement notices so that you know when and how much time you have to issue a notice. The company policy will let you know when you should issue a notice about your impending retirement.
Once you have figured out the company policy on retirement notice, you should decide when to tell your employer about your impending retirement.
If you hold a senior position in the company, it is important to let your employer know you are retiring at least 3 to 6 months before your retirement. This gives the employer enough time to recruit a suitable replacement to fill your retirement.
If you are not on good terms with your boss, it might be best to wait until the last minute to issue a notice based on the company policy. For junior positions, you may be required to issue a notice three to four weeks before your actual retirement date.
You should book a private meeting with your supervisor or immediate boss to let them know that you will be retiring. Depending on your relationship with your employer, the meeting can be formal or less formal. Let your boss know when you plan to retire and ask how you can help with the transition.
If you are open to working after retirement, you can let your employer know that you will be available for any roles they might have.
In some cases, the company can hire you as an advisor or consultant to benefit from your expertise and years of experience.
During the meeting, you ask your boss how to inform your co-workers that you are retiring. Some companies have a policy of making the announcement themselves by sending a memo or making an announcement during a company meeting. However, some employers may let retiring employees inform their colleagues first before the company makes an official announcement. By informing your colleagues you are retiring, you can get thoughtful retirement cards as you embark on new adventures.
After you have informed your boss about your impending retirement, you may be required to write a letter formally announcing your retirement. Make sure you hand in your letter in advance, at least before the official period provided for in the company policy. The letter should state your position in the company, your anticipated retirement date, and your intention to retire.
The letter will be filed in your records, and it will be considered when sending the final paycheck.
We spend many years planning for our retirement with budgeting and saving. But when the time comes we haven’t given much thought about all the aspects, considerations and the best way of Announcing Your Early Retirement.
At times of frustration we have all fantasized. “I can’t wait to retire without notice and tell them where to shove this job”. But the reality can be a little more complicated.
In the not so distant past it was easier. Folks worked until they hit pension eligibility at 30 years of service. There was little surprise when a retirement shortly followed. Now that situation isn’t as common. There are now things to consider about making the big Early Retirement Announcement.
The 2 things you must first put some thought to:
In a world where employers have adopted a policy of terminating employees with little or no notice, it seems funny that we should have to give this any thought. If you are at a point in your career or position where you could care less about your employer then maybe you won’t. There’s no law that says you have to give notice. But depending on employment benefit processes, there may be business time frame requirements that come into play and you will have to wait to receive any retirement benefits you’ve earned.
Aside from that, the other problem with a no notice retirement is you are probably part of a team and you most likely like most of your team-mates. Your sudden departure will just mean they pay the price. Not the company or the management you may have a problem with.
Another consideration is that retiring early means there has most likely been a career full of good and dedicated work.
For many that means they have a workplace legacy representing their career and don’t want to do anything to tarnish it.
When Announcing Your Early Retirement the amount of time you should give depends on the level of importance your job or position is.
The idea is to leave knowing you did what was necessary to facilitate a smooth transition.
Warning! Whenever giving a long retirement notice you may find your remaining work experience negatively affectedHaving the best of intentions and giving a long notice may cause regrets.
Your employer and team might start treating you like a lame duck. You may be left out of critical planning and forward working projects that you care deeply about. If that is something that would bother you, then there is one thing you can try.
Depending on the employer they may or may not accept this announcement strategy but it’s worth trying. Then you may be viewed as you always have been viewed until just before go-time. If your manager didn’t offer you a final “decision-by” date then be sure to set a drop dead “I am definitely leaving” announcement date of your own. Your manager will certainly be wondering what is going on as you approach the tentative retirement date you mentioned.
Finally, those retiring from a toxic work environment need to be very cautious about how much notice they give. It can be easy to allow emotional urges let things fly when you are getting close to your planned milestone. If things are bad, then it could get worse. I’ve heard stories where people were fired once they announced their retirement intentions. If you are in a toxic environment then don’t say or do anything that will jeopardize your chances of reaching your planned retirement date and goals. Sadly there is little to stop an employer from firing you. If it’s done in a way that screws you out of retirement benefits then you will be spending the first part of your retirement searching for a good attorney.
Announcing Your Early Retirement – The Best Way to let Them KnowSchedule an in-person private meeting with your manager. When I retired the first time my manager was someone in a different State so I scheduled a conference call. This can be a formal or informal meeting.
It Depends on how high up the corporate food chain you are and/or your relationship with your manager. I believe for most people this will be an informal conversational discussion. You should figure out what to expect based on your unique employment situation and then act accordingly.
For my first early retirement I was a Lead Engineer and had an informal conference call. I gave a one month notice. This allowed enough time for work-transition and their planning.
You should always let your manager know first about your retirement plans. If you start telling your co-workers it will get around. Once you schedule this meeting with your manager it may be awkward if they have already heard through the office grapevine of your plans to retire.
At some point management will most likely release an official retirement announcement. You should personally tell your close co-workers or team yourself before that happens.
I wanted my team to all hear it at the same time. I made m retirement announcement during one of our staff meetings very shortly after my meeting with my boss.
You most likely won’t be able to quickly notify everyone in your work circles and word will spread quickly. Therefore you may want to draft personalized retirement announcement emails in advance. That way you can immediately send it to your selected group of professional colleagues and co-workers.
Announcing Your Early Retirement – Write a Formal Retirement LetterMost company Human Resource (HR) departments will need a formal letter of your intentions to retire. This is so they can put it in your file. Make sure you include specific dates so that they can figure out any unpaid sick pay or vacation days you have coming to you. Also key is including your contact and mailing information. Especially if you plan on moving once retired. This way you will be sure to get your W2s, any checks, and other important career and work related documents that you will need after retirement.
With my first retirement there was still a diminished pension benefit left. I just had to go through the company process to request that. My wife’s company had her use their standard resignation form. These were very formal processes and had the necessary contact, address and date of retirement info. It took the place of writing a formal retirement letter.
Your company may have a similar process in place. Check with your manager, union, or HR group. If you need to write up and send something formal it can be as simple as this sample retirement letter:
Notification of Intent to RetireYour Name
Address (Home Address for any post-retirement mail or last payroll check)
City, State, Zip Code
Phone Number
Email
Date (Date of the letter)
Name
Title
Organization
Employment Address
City, State, Zip Code
Dear Mr. /Ms. Last Name:
I am writing this letter to tell you that I will be retiring effective (the date [month/day/year]).
It has been a pleasure working for (your company name). I appreciate all the support that was provided to me during my time here as part of (your company name).
Although I am happily looking forward to my retirement, I will genuinely miss being part of our team and the company.
If there is anything that I may be of any assistance either before my retirement or after, please do not hesitate to let me know. I am happy to give any help that I can to ensure a smooth transition.
Sincerely,
Your Name (Signature if writing a hard copy letter)
(Note: This sample retirement letter is for guidance and informational purposes only. Please edit any retirement letters or other correspondence to meet or fit your company’s requirements and your own personal situation. Never vent or say anything negative. Keeping your letter positive about your retirement intentions may become useful if needed in a legal situation. )
For some, officially announcing or sending a letter of intent to retire will trigger a request to schedule a time for one last chance to pick your brain before leaving. There’s a right way and wrong way to handle your retirement exit interview, so be prepared.
The flip side to that is you trigger your boss asking you to delay your retirement. That too requires considerations before accepting an offer to stay longer.
Once the Cat is out of the bag prepare for the emotional roller coaster thrill ride.
If we are lucky we get to experience voluntary retirement at least once in our lives. It does come with emotions and feelings that swing in different directions.
First you need to be ready for people treating you differently. You may be excluded from things and you should not expect to be asked to help find your perfect replacement. Your company may wait until after you leave to look for your replacement. If you are leaving a job you cared dearly about you may feel a bit let down by this. Get over it.
If a list of candidates is floating around and you have an opinion on who you think is best, KEEP IT TO YOURSELF unless asked.
Concentrate on what you are retiring to. Make yourself available to help out and if asked to aid then do so. If your replacement is brought on before you leave, don’t try to offer a bunch of suggestions if you are not asked for any. Keep things to the detail level. Let them do what they need to do.
Prepare yourself to answer a lot of non-business questionsI certainly was asked these questions many times and I would answer that it’s never early enough to retire. I explained my plans where I am open to starting an encore career at some time down the road and I believe retiring early and often is the best way to live. The world is full of opportunity. Those answers usually worked.
Finally, don’t be surprised when your last day comes and you feel a little emotional tug.
You are walking away from what was a big part of your life. You shouldn’t think too much about how others react. Most people may try to avoid you because saying goodbye is difficult.
Make sure you talk to those you really want to talk to or personally thank the day before or early on your last day.
When the time comes for your last walk out of the building with your small box of personal items don’t be surprised if nobody walks out with you for a last chat.
Both of my retirements ended with me turning in my laptop and badge at 4PM and going to my desk to grab my effects. A few folks I passed gave me a little wave or nod and I walked out to my car by myself. Perhaps that is as it should be.
Time to refocus on you, your plans, and your future. You did everything right to get to this place of financial independence and Announcing Your Early Retirement. Now it’s time for the prize. The rest of YOUR LIFE on YOUR TERMS.
Voluntary dismissal (in other words, at the initiative of the employee) is one of the most common grounds for terminating an employment contract. The initiative to terminate the employment relationship comes from the employee and does not imply its approval by the employer, because you cannot force a person to work against his will. However, there are certain rules that must be followed when leaving at will.
The procedure for dismissal at will involves, first of all, the employee writing a letter of resignation. The application indicates the date of dismissal and its grounds (“of one's own free will”), it must be signed by the employee indicating the date of compilation.
It is not necessary to indicate in application the reason for dismissal of one's own free will . However, if circumstances require you to quit without working off, then the reason must be indicated, in addition, personnel officers may be asked to document it. In other cases, the phrase "I ask you to dismiss me of your own free will on such and such a date" is sufficient. nine0005
After the application for dismissal is transferred to the personnel department, a dismissal order is drawn up . Usually, a unified form of such an order is used (form No. T-8), approved by the Decree of the State Statistics Committee of 01/05/2004 No. 1. In the order, it is necessary to make a reference to paragraph 3 of part 1 of article 77 of the Labor Code of the Russian Federation, as well as provide the details of the employee's application. The employee must be familiarized with the order of dismissal against signature. If the order cannot be brought to the attention of the dismissed person (he is absent or refused to familiarize himself with the order), then a corresponding entry is made on the document. nine0005
According to the general rule enshrined in the Labor Code, the employee must notify the employer of the upcoming dismissal no later than two weeks. This period begins on the day after the employer receives the letter of resignation.
However, the so-called two-week work period may be reduced by agreement between the employee and the employer. In addition, the law does not oblige the employee to be at the workplace during the period of notice of dismissal. He can go on vacation, sick leave, etc., while terms of dismissal will not change.
There are statutory exceptions to the general rule of two weeks' notice. So, upon dismissal during the trial period, the notice period for dismissal is three days, and upon dismissal of the head of the organization - one month.
Calculation upon dismissal of one's own will , as well as for other reasons, must be made on the day of dismissal, that is, on the last day of work. nine0003 Calculation upon dismissal involves the payment of all amounts due to the employee: wages, compensation for unused vacations, payments provided for by the collective and labor agreements. If the dismissed employee used the vacation in advance, the paid vacation pay is recalculated, the corresponding amount is deducted from the salary in the final calculation.
If the employee was absent from work on the day of dismissal and could not receive the payment, he has the right to apply for it at any other time. The amount due to him must be paid no later than the next day after the appeal. nine0005
The law does not prohibit quitting at will during vacation . Such a ban is provided only for dismissal at the initiative of the employer. The employee has the right to write a letter of resignation while on vacation, or to attribute the date of the proposed dismissal to the vacation period.
If an employee wants to apply for resignation while on vacation, he does not need to be recalled from vacation
Also, an employee may resign voluntarily after using the leave. Note that the provision of leave with subsequent dismissal is a right, not an obligation of the employer. If such leave is granted, the day of dismissal shall be considered the last day of the leave. However, for the purposes of settlements with the employee, the last day of work in this case is the day preceding the start of the vacation. On this day, the employee should be given a work book or provide information on labor activity in the STD-R form, as well as make all necessary payments. This is a kind of exception to the general rule above, confirmed by jurisprudence. nine0005
It is possible to quit voluntarily during sick leave . The law prohibits such dismissal only at the initiative of the employer.
An employee has the right to apply for dismissal during a period of temporary disability. A situation may also arise when the previously agreed date of dismissal falls on the sick leave period. In this case, the employer will issue the dismissal on the day specified in the application for dismissal, provided that the employee has not withdrawn this application. The employer is not entitled to independently change the date of dismissal. nine0005
On the last day of work, even if it falls on sick leave, the employer makes the final payment, issues a dismissal order, in which he makes a note about the absence of the employee and the impossibility to familiarize him with the order. The employee will come for the work book after recovery or, with his consent, it will be sent to him by mail. All amounts due to the employee will be paid to him no later than the next day after the presentation of the relevant request by him. However, the temporary disability benefit will be assigned by the employer within 10 days from the date of granting the sick leave and paid on the next day after the appointment, set for the payment of wages in the organization. nine0005
When an employee quits, the employment contract and labor relations between him and the employer are terminated.
Diana Shigapova
lawyer
There are different reasons for dismissal. More often, the employee himself wants this - then he quits of his own free will. Less often, the employer is the initiator of the dismissal. There are other grounds for dismissal - there are more than ten of them. nine0005
In the article I will tell you in detail about the reasons and types of layoffs, the features of dismissal for various reasons.
If the salary is not enough for the lifestyle you need, there is a negative atmosphere in the work team and there is no desire to fulfill your work duties, it may be time to change jobs.
Usually there are such signs that it's time to quit:
What to do? 04/14/20
The authorities claim that I am not entitled to compensation for overtime
All these points individually or in combination will sooner or later lead to the thought of dismissal. nine0005
In what cases should you wait with dismissal. You must look at dismissal objectively and think rationally. For example, if you are not satisfied only with the salary, but you have been working for a long time and you know that the employer, in principle, can pay more, it makes sense to discuss the money issue with your superiors and prove your worth, rather than quit immediately.
/thedeal/
How to raise your salary
If you promised to raise your salary, but a year has passed and nothing has changed, most likely it will be so - it's time to quit. nine0005
Don't quit because of a quarrel with a colleague if you are generally satisfied with the job. Passions subside - then you can regret that you lost a good place due to a misunderstanding. At the same time, if you are faced with mobbing - bullying at work - you should save your nerves and go somewhere else.
Realistically evaluate your capabilities - go through interviews and find out what other employers require. Think about whether you can do it and how well.
/prava-uchebnik/
Course: how to protect your rights at work
No one will take care of your future except you. If your current job is more annoying than fun, and you understand that you can’t live like this, consider quitting.
Changing jobs is a serious step, especially if you have been working at your current job for a long time. Here's what I suggest you do to make quitting less scary:
What to do? 20.08.18
How to create a financial reserve?
You can quit in different ways. General types, or rather, the grounds for dismissal, are listed in Art. 77 of the Labor Code of the Russian Federation.
| Grounds for dismissal | Example |
|---|---|
| Agreement of the parties | The employee in this position has reached the ceiling. She and her boss decided it was time to part ways |
| Expiration of the employment contract | A woman whose position was held by employee | returned from the decree
| The season ended during which the employment contract | was in effect|
| Employee initiative | The employee himself decided to leave for another company |
| Employer's initiative | An individual entrepreneur closes points of sale - he no longer needs employees, and he is laying off |
| The employee came to work drunk - the employer should not tolerate this and has the right to dismiss the employee | |
| Transfer of an employee to another employer or transfer to an elected position | The employee was elected as a local deputy |
| Refusal of the employee to continue working due to change of ownership of the organization or reorganization | The employee refused to continue working due to the merger of the employer's company with another company |
| Refusal of the employee to continue working due to changes in the terms of the employment contract | The employer is going to reduce wages due to a drop in demand for the company's services, but the employee does not agree to the new conditions |
| Employee's refusal to be transferred to another job due to medical indications | The employee does not want to do other work, and he cannot do his current job because of his health |
| Refusal of an employee to move to another area with the employer | The employee does not want to move to another city for the employer |
| Circumstances beyond the control of the parties | The worker was drafted into the army |
| The worker committed a crime, and for this he was deprived of liberty | |
| The employee's driver's license has expired, he does not renew it and therefore cannot work as a driver | |
| Violation of the rules for concluding an employment contract, if this violation excludes the possibility of working | A person works as a doctor, and presented a fake diploma when applying for a job |
Agreement of the parties
Example
An employee in this position has reached the ceiling. She and her manager decided that it was time to leave
The expiration of the term of the employment contract
Example
The woman whose position was held by the employee returned from the decree
The season during which the employment contract was in force ended
The initiative of the employee
Example
The employee himself decided to go to another company
The employer's initiative
Example
IP employee closes the points of sale-he no longer needs a reduction of
to work while intoxicated - the employer should not tolerate this and has the right to dismiss the employee
Transfer of the employee to another employer or transfer to an elective position
Example
Workers elected
by the employee to continue to work due to the change of owner of the organization or reorganization
Example
The employee refused to continue to work due to the employer's company’s accession to another company
The employee's refusal to continue work due to changes in the terms of the employment contract
Example
The employer is going to reduce wages due to a drop in demand for the company's services, but the employee does not agree to the new conditions
Refusal of the employee to transfer to other work on medical locations
Example
The employee does not want to do other work, and he cannot be engaged in the current one due to the health of
Refusal to move to another area together with the employer
The employee does not want to move to another city for the employer
Circumstances beyond the control of the parties
Example
The employee was drafted into the army
The employee committed a crime and was imprisoned for this
The employee’s driver’s license expired, he does not renew it and therefore cannot work as a driver
Example
A person works as a doctor, but presented a fake diploma when applying for a job
In addition to these, there are special grounds for dismissing certain categories of workers. For example, civil servants can be fired for failing to submit an income tax return. nine0005
Art. 20 Federal Law "On the State Civil Service of the Russian Federation"
Dismissal at the initiative of an employee is the most common reason for terminating an employment contract. The scheme for dismissal of an employee of his own free will is the simplest.
Application must be made strictly in writing. It should indicate the full name of the manager, the full name and position of the employee, a request to dismiss him of his own free will on such and such a date, date and signature. nine0005
part 1 80 Labor Code of the Russian Federation
Dismissal order at the initiative of the employee is issued on the last working day of the employee. It can be in the unified form No. T-8 or in the form developed by the employer.
Form No. T-8
The employer is obliged to familiarize the employee with the dismissal order signed. At the request of the resigning employee, the employer gives him a copy of the order.
Art. 62, 84.1 of the Labor Code of the Russian Federation
Terms of dismissal are also called working off. By law, an employee must notify the employer of dismissal no later than 2 weeks in advance, but by agreement with the manager, the working period can be reduced to several days. nine0386 You can quit even on the day you submit your application - this is not prohibited by law.
Part 2 80 Labor Code of the Russian Federation
Documents for dismissal. In some organizations, before dismissal, you need to hand over the premises, tools, workplace signed by the heads of departments on the bypass sheet. Therefore, in addition to the application for dismissal, the employer may require a bypass sheet. However, if the employee does not issue it, the employer does not have the right to prevent dismissal.
The dismissal procedure is standard: the employee writes an application, finalizes the agreed number of days, receives a calculation, a certificate in the form 182n - on the amount of wages for the current and two previous years, SZV-M, SZV-STAZH, section 3 of the calculation of insurance premiums.
/dismissal-money/
What the employer owes you upon dismissal
The composition of the documents that are issued upon dismissal does not depend on the reason for terminating the employment contract.
Is it possible to quit remotely. If an employee works in an office, it doesn't matter how to hand the letter of resignation to the employer. It can be given to the secretary, sent by mail or courier service. The main thing is that the application be drawn up on paper and have the employee's signature on it with the dates of preparation and dismissal.
If the company has switched to electronic document management, the employee has the right to submit an application in the form of an electronic document.
Art. 22.1 TK RF
An entry in the work book is made by an employee responsible for work books - a personnel officer or a lawyer. In some organizations, work books are kept by an accountant. The notice of dismissal is made on the last working day, it can be as follows: "dismissal of one's own free will" or "termination of the employment contract at the initiative of the employee."
part 5 80 of the Labor Code of the Russian Federation
If the employee refused the paper work book, he will be given the STD-R form.
Withdrawal of application is possible at any time before the day of dismissal. The form for withdrawing a letter of resignation is not established by law, therefore, an employee can say that he has changed his mind about resigning orally, in writing or electronically.
Withdrawal of the application may help if the employee is forced to write a letter of resignation of his own free will. Employers do this if they do not want to pay an employee severance pay. If an employee writes a letter of resignation of his own free will under pressure, it will be difficult to prove that he did not really want to quit. nine0387
What to do? 08/01/18
I am forced to resign of my own free will
In this case, you need to send a withdrawal of the application by mail - always by registered mail with a list of attachments and a notification of receipt. So the employee will have written confirmation that he was forced to quit, you can write about this in the review:
“I withdraw my application for dismissal of my own free will dated 04/27/2020, since it was written due to the threats of my supervisor Travina AS apply disciplinary measures. I wish to continue to perform the duties of an administrator in accordance with the employment contract. nine0005
What to do? 11/18/19
I was forced to quit. How to punish an employer?
If you submit your withdrawal by email, you may have to prove it in court. Therefore, it is best to draw up a revocation of the letter of resignation on paper and hand it over to the employer with a signature - then the employee will not be fired.
Appeal ruling of the Moscow City Court dated May 22, 2019 No. 33-22466/2019
But there is an exception: if a person is transferred to a position from another employer at the written invitation of the head, it makes no sense to withdraw the application - the dismissal will take place. nine0005
Part 4 80 Labor Code of the Russian Federation
In all cases, the dismissal procedure is the same: the employee needs to write a letter of resignation, and the employer needs to calculate it.
From vacation. An employee can write an application on any day of vacation, including the first or last.
The period of working off starts on the next day after the employer receives the document. If the two-week notice period coincides with vacation days, the employee will only need to receive a calculation - they will not have to work after the vacation. If the vacation ends before the notice period, the employee will need to work the remaining days. nine0005
part 1 80 Labor Code of the Russian Federation
Letter of Rostrud dated 09/05/2006 No. 1551-6
Leave with subsequent dismissal. An employee can write an application for leave with subsequent dismissal, but the employer is not required to provide it.
Art. 127 of the Labor Code of the Russian Federation
Letter of Rostrud dated December 24, 2007 No. 5277-6-1
If the employer agreed to such a leave of the employee, then the person leaving will hand over all the cases, receive the calculation and documents on the last working day before the leave. The same day is the last day when you can withdraw the application. After the start of the vacation, you cannot change your mind about quitting. nine0005
The date of dismissal will be the last day of the holiday.
During sick leave. A letter of resignation can be submitted on sick leave. The countdown of the warning period begins, as in the case of vacation, from the next day after the employer receives the application.
Whether you have to work for two weeks depends on how the sick days coincided with the working days. For example, if an employee fell ill for one week after the letter of resignation, then after the sick leave he will need to work only one week. nine0005
If the date of dismissal falls on a sick leave period, the employee will be fired on this date, since the dismissal date is not transferred to the end of the sick leave.
Rostrud Letter No. 1551-6 dated September 5, 2006
In Decree - on maternity leave or childcare leave - the employee is dismissed according to the standard scheme.
Dismissal of pensioner at his own request occurs without working off if he leaves due to retirement. If a working pensioner leaves, he must notify the employer in advance. nine0005
part 3 80 Labor Code of the Russian Federation
The dismissal of a part-time job, internal or external, occurs according to the standard scheme.
The dismissal of the head of LLC is more difficult than the dismissal of an ordinary employee.
Art. 280 of the Labor Code of the Russian Federation
Here are the main features of the procedure for dismissing the general director:
The employer and the employee can draw up an agreement to terminate the employment contract - in this case, the employee does not need to apply for dismissal.
Art. 78 of the Labor Code of the Russian Federation
The parties themselves choose the date of dismissal, the rule of a two-week working off does not need to be observed.
If the employee changes his mind about leaving, he will not be able to revoke such an agreement.
clause 20 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2
In order for the employment contract to continue, you need:
Usually, an employee is fired by agreement of the parties, when they promise to give severance pay in return for parting. In order not to lose such compensation, you need to correctly draw up an agreement on dismissal and be able to defend your rights - there is a separate article about this in T-F. nine0005 An example of an agreement to terminate an employment contract
An employer may terminate an employment contract in the cases specified in Article 81 of the Labor Code of the Russian Federation and for other reasons specified in the Labor Code and other federal laws.
For example, if the bankruptcy procedure of a legal entity has begun, its head is removed from office. Or, for example, a municipal employee may be fired because he has reached the age limit for filling a position. nine0005
Who cannot be fired at the initiative of the employer. An employer cannot fire at will:
st. 261 of the Labor Code of the Russian Federation
The law protects these workers until they start hacking at work, for example, skipping it, coming drunk, not fulfilling their labor duties. nine0005
A pregnant woman cannot be dismissed at the initiative of the employer, except in cases of termination of the activities of the individual entrepreneur or liquidation of the organization.
For gross violation of labor duties is dismissed as a disciplinary sanction.
/work-punishment/
How to challenge a disciplinary action
Gross violation of work duties is:
p. 6 h. 1 art. 81 Labor Code of the Russian Federation
In connection with the reduction of staff or the liquidation of the enterprise. nine0004 The employer organization must notify employees of the upcoming dismissal at least two months in advance, and also inform the trade union, if any, and the employment agency about this. In addition, the employer organization is obliged to pay employees a severance pay in the amount of their average monthly earnings.
Art. 178, 180 of the Labor Code of the Russian Federation
For employees who did not find a job 2 months after their dismissal, the employer organization pays another average monthly salary. And in exceptional cases, at the direction of the employment center, the third salary. nine0005
When reducing the staff, the employer must offer employees vacant positions, take into account the preferential right to remain at work.
/vas-sokratili/
What to do if you were laid off at work
First of all, they leave workers with higher labor productivity and qualifications. If all employees work approximately equally, the employer will leave in the first place such employees:
st. 179 of the Labor Code of the Russian Federation
Any employee can be fired for inconsistency with the position due to insufficient qualifications , except for:
item 3, part 1, art. 81 TK RF
art. 261 of the Labor Code of the Russian Federation
In order for an employer to have the right to dismiss an employee for insufficient qualifications, he must attest employees for compliance with the position held.
What to do? 06/28/19
Obliged to pay a state duty for certification. It is legal?
The Labor Code does not specify what certification is and how it should be carried out.
As a rule, certification looks like this. A commission is formed within the organization. Employees whose competence is being tested are asked questions - according to how the employees answered the questions, the certification commission draws conclusions.
The committee decides whether the employee is suitable for the position held or the work performed. If not, the employee can be sent for study, retraining, transferred to another position, or fired. nine0005
If the employer sent the employee to an independent qualification assessment center and the result of this assessment turned out to be negative, the employer is not entitled to dismiss the employee.
Register of NOC centers
Letter of the Ministry of Labor dated September 18, 2019 No. 14-3 / V-742
Internal certification and independent assessment of qualifications are different concepts. During certification, the qualifications of the employee are checked, its criteria are defined in the local acts of the employer. At the NOC, they check the level of knowledge and skills, professional skills according to the professional standard. nine0005
If the employer has indicated that they will conduct appraisal, read the internal document, for example, the statement on appraisal. Everything should be spelled out there: why certification is carried out, who should and should not pass it, the procedure for conducting it, questions and evaluation criteria.
The employer must notify about the certification within the time period established by the local act - you will have time to prepare.
When changing the terms of the employment contract, for example, when changing the production technology, the employee has fewer responsibilities and, as a result, they are going to pay him less, the employer must warn the employee in writing. nine0005 Art. 74 of the Labor Code of the Russian Federation clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. The employee must be informed of the new conditions no later than two months before the change. If the employer is an individual entrepreneur, the notice period is at least 14 days. Art. 306 of the Labor Code of the Russian Federation An employee is fired if he does not agree to work in the new conditions and another position offered by the employer did not suit him. Warning of voluntary dismissal two weeks before it is a general rule. But the employer and the employee can agree on a shorter term or on dismissal without working off. nine0005 They are fired without work if the employee does not have an objective opportunity to continue working. For example, if he entered a full-time department of a university and his studies began. hours 3 tbsp. 80 of the Labor Code of the Russian Federation The law does not contain an exhaustive list of situations when it is considered that an employee really cannot go to work and must be fired without working off. An employee on probation can also quit at any time. In this case, he must notify the employer no later than three days in advance. nine0005 Art. 71 of the Labor Code of the Russian Federation If the employer has realized that the new employee is not suitable for him, he has the right to dismiss him before the probationary period expires. To do this, he writes a notice of an unsatisfactory test result, and gives the employee to read it under the signature. Dismissal occurs no earlier than 3 days after the employee receives the notification. If the employer does not issue a notice, the employee may contest the dismissal. There are many cases in favor of employees in judicial practice. nine0005 Decision of the Leninsky District Court of Yaroslavl in case No. 2-433/2017 The employee is calculated strictly on the last working day, regardless of the reason for dismissal. Art. 140 of the Labor Code of the Russian Federation Upon dismissal for any reason, the employee is paid the entire salary due for the days worked - salary, bonus and allowances - and compensation for unused vacation. Upon dismissal by agreement of the parties, in addition to the salary with compensation for unused vacation, the employee is paid the amount of "compensation", which he agreed with the employer. nine0005 In case of dismissal due to reduction or liquidation of the employer, the employee is entitled to severance pay in addition to salary and compensation for unused vacation. /guide/otpusknie/ How to calculate compensation for leave upon dismissal The employer issues a dismissal order and a certificate of income of an individual at the request of the employee. Most of the labor laws are aimed at protecting the interests of the employee. The employer will always prove in court that there were no violations during the dismissal. An exception is a dispute about reinstatement, when an employee says that he was forced to write a letter of resignation. If an employee claims that he did not want to quit and wrote the application under pressure, he must prove this. nine0005 If the application for dismissal is not accepted, and you have firmly decided to quit, send the document by registered mail with acknowledgment of receipt. In this case, it will not be possible to dispute the fact of receiving a letter with a statement from the employer. You can challenge the dismissal order within a month from the date of dismissal. After this period, it is pointless to apply to the court, unless the deadline was missed for a good reason. Art. 392 of the Labor Code of the Russian Federation The employer must familiarize the employee with the dismissal order under the signature. part 2 84.1 of the Labor Code of the Russian Federation If the specified procedure is not followed, the employee will be able to challenge the dismissal and be reinstated at work. If the employer delays documents, you should contact the labor inspectorate or go directly to the court for help. /prava/uvolnenie/ Your rights upon dismissal In a complaint to the inspection, you need to describe the situation, indicate that the employer is violating his obligations to issue documents. In the statement of claim, demand to oblige the employer to issue documents. You need to refer to the termination of the employment contract. nine0005 In the course "How to protect your rights at work" we analyze in detail what to do in case of illegal dismissal and in other controversial situations: how to negotiate with the employer, use the articles of the labor code in your favor and file complaints. Both the employer and the employee usually want to end their employment relationship calmly, without clarification of the relationship and delays in settlement. How to inform the supervisor. The dismissal should first be reported to the manager, not to colleagues. It is better to do it decisively - immediately hand over a letter of resignation. nine0005 What to do? 04/16/19 Employer makes you pay for training upon dismissal How to behave during work. Perform your job duties conscientiously, answer work calls, communicate friendly with colleagues and customers. The working period is the same work, the duties remain and they must be performed as expected. Otherwise, the employer has the right to deprive the employee of the bonus, bring him to disciplinary responsibility and even dismiss him on his own initiative - this is a bad entry in the work book. Finish things, projects that were in progress. You don't need to take on new tasks. Write a resume - write down all the achievements obtained in this job. If the company participated in some competitions and won prizes during your work, you can make copies of the certificates. All this will be useful for further employment. /guide/resume/ How to write a resume Refrain from insults. It is better to restrain your emotions and not tell your colleagues and management everything that has boiled over. Feelings will pass, and the words spoken in the memory of former colleagues will remain for a long time. In addition, information about your intemperance can reach the new leader and colleagues and ruin your reputation. nine0005 Say goodbye to colleagues. It is not uncommon for employees to have small farewell parties, but this is not required. If desired, if there are common interests, it is possible to maintain relations with former colleagues even after dismissal. /guide/birgatruda/ How to enter the labor exchange It would be a mistake to finally ruin relations with the whole team - you never know where else you will have to meet with these people. There is no need to specifically interfere with documents, be rude to customers, spoil goods - leave behind good memories as an employee and a person. nine0005 It will be especially insulting to play a dirty trick before leaving, and then meet with former colleagues at another job. They will either not be hired for a new position, or they will not be allowed to grow up the career ladder. 2
Dismissal without working off
The parties resolve this issue themselves, and if a dispute arises, they go to court.
Dismissal on probation
Calculation upon dismissal
What documents you need to receive certificate in the form 182-n, SZV-M, SZV-STAZH and section 3 of the calculation of insurance premiums. nine0005
How to protect your rights
If the employee refuses to sign, the employer must draw up an act of refusal to notify or make a note on the order itself that the employee refused to sign. nine0005
How to quit without a scandal
nine0005
In parting, you can simply thank everyone for their joint work and wish them good luck.
Mistakes of a quitter
Things to remember
