Law, Regulatory Compliance
Dismissal at will. Statement of your choice: sample
Today you will be presented with a statement of your own volition. When is this possible? What about this need to be remembered for both employers and subordinates? What features of the termination of labor relations will have to be clarified? Every person should know the answers to these questions. Dealing with the issues of dismissal on the personal initiative of the employee is easier than it seems.
Who and When
Who has the right to make such a document? A statement of your own will is written directly by the employee of a particular company. Every citizen has a right to be fired.
When exactly does the written request come? At any time after employment. A statement of one's own will (a sample of his writing will be presented later) is a document that helps to terminate the employment relationship between the employer and the employee.
Pros of dismissal
It should be noted that this decision is the least problematic for the company and for the subordinate. Termination of the employment contract at the request of the frame has some features, but mainly for the employee. The employer usually does not face any difficulties.
Among the other advantages that the statement has on its own, they are distinguished:
- No need to pay higher benefits when the employee is fired;
- No special or special procedures;
- There is no need for strong arguments for the termination of labor relations.
In addition, such a decision usually does not have a negative impact on the company's reputation. What do you need to understand for each employee?
Structure
To begin with, a few words about the statement itself. How to make it correctly?
It is necessary to observe a certain structure. Namely:
- A cap. It is drawn in the upper right corner.
- Name. This is the name of the document.
- The main part of the request for dismissal. It is advisable to specify the date with which you want to terminate the relationship.
- Conclusion. Here the date and signature of the citizen are put.
In fact, the structure of the statement of your own will is no different from most business documents. To keep it simple is simple.
About the text
And what exactly is it necessary to write in the text of the paper being studied? A sample application is self-explanatory below. As you can see, this document does not have any specific features.
Usually in the text the citizen should simply refer to the fact that he wants to terminate the employment relationship on a personal initiative. And nothing more. All the main text of the paper is placed in several lines.
The advantage of this dismissal, as already mentioned, is that there is no need to justify your decision. A person simply decides to leave the company. Not for any good reason, but on your own initiative. This is a very common phenomenon.
Feed order
Now it is clear how to write a statement of their own free will. This paper, as has already been emphasized, does not have any significant features. Even a schoolboy will cope with it.
How correctly to dismiss the employee? Is your application ready? Then it is necessary to adhere to the following algorithm of actions:
- Write a written request to the employer. In it to inform that the citizen wants to quit.
- In advance, contact the employer (14 days before you leave work) with the appropriate paper.
- Wait 2 weeks.
- To familiarize with the order on dismissal. Put your signature.
- On the day of dismissal, take the payroll and the work book from the head (there must be a corresponding note in it). Put a signature in a special magazine stating that the citizen received the required documents.
- Contact the accounting department and collect the payment for the period worked.
- Take the employer's certificate 2-NDFL. This item is optional, but it is not worth neglecting it.
- Sign for receipt of funds in the accounting department.
That's all. As soon as a citizen is given a work record and money for the period of work, we can assume that the dismissal was successful.
Working off
An application was made at your own request? It will be necessary to take into account the fact that in this case the employer in the RF Customs Code needs to be notified of this in advance. As it was emphasized earlier, a written request with a request for termination of the relationship is required 2 weeks before the proposed dismissal.
Then follows the development. It lasts 14 days. This is a mandatory step prior to the dismissal. During this period, the employer usually finds a replacement for the person being dismissed.
Does work always take place? No. It can be avoided. But you have to be cunning. For example, today many people come in the following way:
- Leave on leave before submitting an application of their own free will;
- They take a sick leave, after which they inform about the desire to leave work.
Only in this way it is legal not to work out the prescribed 2 weeks. Despite the fact that the work is mandatory, it will be paid in full.
On the form of representation
The form of the application of your own will is written. A citizen must, without fail, in writing, notify the employer that he intends to leave work.
It is desirable that the document was written by hand. But printing on a PC is also possible. The main thing is that the studied paper should be presented on paper in the end. Oral agreement has no legal force.
Payments
What kind of payments are made if an application is submitted on your own initiative (sample document is presented below)? An employee can count on:
- Money for worked time before dismissal (salary for the number of days worked);
- Compensation for the remaining days of leave.
No more money to the employee is not allowed. It is this feature that pleases employers. For them, the termination of an employment contract at the request of the employee is the simplest process.
If I change my mind
Is it possible to withdraw the application at will? If it is a question of the dissolution of the relationship between the company and its subordinate, then the citizen has this right. When exactly?
The LC RF indicates that the withdrawal of the application at will is possible at any time before the entry of the dismissal order into legal force. This means that during all 14 days of training the frame may change its mind and take the application. There are no specifics of this process. It is enough to apply to the head with the corresponding request. It's not as difficult as it seems. The head is obliged to give the application, it can not be held under any circumstances.
Sample
And what exactly does the document look like? A sample application is voluntarily published below.
It should be noted that this document is just a template that will help you to leave on your own initiative to any subordinate. It is relevant for all posts and for any activity.
How can an employee be dismissed at will? The application is filed, after which an order is issued for the dissolution of the relationship. A document can contain only a few lines. But the main thing in it will be the following text: "I ask to dismiss me at will". Based on this request, the employer terminates the relationship with the subordinate.
Leave and dismissal
Is it planned to be dismissed at the employee's own request? Then, as it was stressed earlier, a citizen can go on vacation and realize the idea. Termination of labor relations with a subordinate in the period of his well-deserved rest is prohibited only when the employer is the initiator.
Do I need to call an employee for leave to leave? No. A citizen can calmly rest his time. And after that to leave. Even during the holidays, the dissolution of the relationship between the employee and the subordinate is possible.
In practice, vacation is often used by workers as a means of getting rid of the put work. The day of dismissal upon dissolution of relations with the granting of an appropriate leave should be considered the last day of rest.
Conclusions and conclusions
It is clear what the application form looks like on its own. This document is usually drawn up according to the principle indicated above. It does not have any features. Such a statement is the simplest document of all that exists only when the relationship is terminated. The corresponding request can be accommodated in several lines.
Now it is clear how the application is submitted at will. The employee can at any time in writing notify his superiors that he wants to leave work. This is his legal right. Keep the frame at work, no one has the right. And force to revoke the statement too.
During the next 2 weeks after filing the examined request, the applicant has the right to refuse his decision. Then he again gets the opportunity to be dismissed at any time.
In fact, the application for dismissal on its own initiative is found in every company. All employees need to know how to serve it. To such a termination of relations, many subordinates are called out because it is the least problematic for the employer.
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