Work is not a wolf, part 5. Dismissal: am I leaving gracefully?

Despite the fact that life provides a person with millions of opportunities, having grabbed one, he, as a rule, is afraid to change something. When is the best time to quit your job? And although work is an integral part of any person’s life, ideally it should not only generate income, but also contribute to the manifestation of creative skills, give joy and satisfaction.

In reality, everything does not happen quite like this; this is the fault of both employees and employers, who, unfortunately, still dream of finding good workers who do not need to pay much. If you have a big problem brewing and you don’t know what to do: write a letter of resignation or endure a wave of dissatisfaction and continue working as before, let’s look into the details.

Reasons for dismissal

The reasons for dismissal by agreement of the parties are as follows:

• desire to receive severance pay or other payments provided for in the employment contract;
• the desire to avoid dismissal under an article - for violation of the Labor Code, discipline or organization standards;
• psychological pressure from management - usually in such situations they still require a person to resign of his own free will.

An employer may dismiss by agreement of the parties in the following cases:

• the need to get rid of a disloyal employee - in this case, the employer is even ready to pay the employee a certain amount if he demands it;
• lack of desire to adhere to the normal reduction procedure;
• the need to dismiss an employee of a preferential category who cannot be dismissed in the usual manner.

The last point is considered completely illegal. If an employee files a lawsuit or contacts the prosecutor's office, he can easily be reinstated at work and receive payment for forced absences.

Typically, it is the employer who initiates such dismissal. A person who does not want to continue working at the company can resign of his own free will.

Possible reasons for termination of the contract

Since the decision to apply is not easy to make, it is worth carefully assessing the situation and your own strengths. If working conditions become unbearable, management does not value its own employees at all, or there is constant staff turnover at the enterprise, then you should immediately start looking for a new place. But more often than not, good relationships with management and colleagues, decent wages and a convenient office location can negatively affect further professional growth. It is necessary to clearly understand and choose the right moment when it is better to quit your job. There may be several prerequisites:

1. Getting a better offer. In every field, companies need professionals in their field. A valuable employee with work experience will be invited by competing companies, even if his resume is not on the job market. The company's management may perceive layoffs as a betrayal, but from the employee's point of view, this is just business. Everyone has the right to receive decent wages and good working conditions. It is important to maintain human relationships and present information directly to superiors.
2. Career prospects. Young, growing companies are often looking for experienced workers for senior positions. Sometimes it is worth sacrificing salary, but getting a higher and more responsible position. This may affect your future career.
3. Changing of the living place. It is always worthwhile to correctly assess your strengths and capabilities. Often, employees become so attached to their place of work that they continue to come to the office, living hundreds of kilometers away. Travel time and fatigue have a negative impact on health and professional opportunities. Ultimately, everything may end in dismissal at the initiative of the employer, in which case it is unlikely that many additional difficulties will be avoided.
4. Conflict with management. Your relationship with your immediate superiors should be treated with special attention. Serious conflicts can lead to very unpleasant consequences. If there is constant misunderstanding, it is worth entering into dialogue on your own and looking for the least complicated ways to resolve disputes. Otherwise, unscrupulous managers can create unbearable conditions, catch an employee on legal subtleties, and fire him under the article.

Other common reasons include difficult relationships with colleagues, illness, and the need to care for disabled family members. Regardless of the reason for the early termination of the employment contract, the decision must be made calmly.

No matter how good the relationship with the manager is, you should always rely only on the legal side of the issue.

When is the best time to quit your job?

There are several options when it is better to quit your job:

1. Found a good job
   . In this case, it is enough to inform the current management about leaving. It is imperative to make a written resignation letter and submit it in advance - 2 weeks in advance. The Labor Code contains cases when you can leave your place of work and resign without working off. This is done upon enrollment in an educational institution or upon retirement. Sometimes the manager himself agrees to such conditions.
2. The same position remains for several years.
   Despite the conscientious performance of duties, the person does not move up the career ladder and his salary does not increase. In 2-3 years it is quite possible to achieve at least a small increase. If this does not happen, you should think about changing jobs.
3. After completing a certain period of time in a position, thoughts arise that nothing can be learned from it.
   This means that professional skills are not improving at all. We can conclude that management is not interested in this.
4. Managers
   change frequently. At the same time, the next boss does not see the achievements. As a result, he is not interested in the career growth of his employees. In fact, the manager must not only motivate employees, but also give them specific recommendations.

Why are we quitting?

When you have just graduated from university, started your full-time job, live alone or with your parents, it’s even somehow fun and exciting to quit: a change of team, new diverse tasks, experience is pumped up at a breakneck speed, you can choose a place of work, try companies of different levels and even different areas. But everything changes as soon as you become the sole breadwinner for elderly parents or start a family for which you are responsible. The time has come for the cautious saying “measure twice, cut once.” But in a commercial environment, layoffs are still inevitable, and there are a number of reasons for this, besides standard cuts and “at the request of the manager.”

▍New promising job

This is perhaps the most important reason to change jobs - when you are offered new cool tasks, an interesting company and a good salary increase, it is difficult to refuse. Because this is your life and only you are responsible for your well-being. If you are satisfied with everything and you are confident in the new employer, you firmly understand that this level of tasks and remuneration on the current project will not be achieved in the near future, you should think about changing jobs and make a difficult decision. The fact is that a professional must grow and develop, otherwise a point of stagnation will come and you will no longer be able to claim the place that awaits you with open arms today.

▍Conflict at work

This reason can easily compete with the first.
The conflict can be with the manager, with the team, with some individual colleague. Burning or smoldering, sooner or later it may not be resolved, but will exhaust and force one of the parties to simply leave. Leaving because of a conflict is not the best decision; it must be justified and balanced. If you leave because of a conflict, everyone should know exactly about this reason, without “hiding” the matter - this way you can warn other colleagues from the same trouble. However, it is necessary to leave not against the backdrop of a scandal, but in the fading phase or during a respite within the corporate feud.

An example from life. The boss and her deputy tried to re-educate the new girl to suit themselves. Measures like drinking beer, going to a movie together, or having dinner at a restaurant were not carried out due to the fact that the new girl preferred to work at work. It didn’t work out to fire her during the probationary period, and bullying began: she was given impossible tasks, KPIs were lowered, and rude letters were sent. The girl began to experience neurasthenia, which quickly progressed to neurosis and affected the gastrointestinal tract. She was forced to quit. However, the general, appreciating her work, transferred her to another unit. After three years of wonderful life, the company underwent reform and the old bosses returned with all the consequences. Survived. It was not possible to fully restore health.

▍Professional burnout

This reason can be called the most respectful, because it is complex: there are psychological reasons, and attitude towards one’s duties, and a decrease in the quality of work.
And yes, indeed, dismissal is one of the methods of combating burnout. In such a situation, you need to think about whether it’s really worth quitting: the burnout will pass, and you’ll find yourself in a new job, and it’s not a fact that a hasty decision will be successful. Before you quit due to burnout, evaluate the existing opportunities: vacation, short-term vacation, change of project or team, or even a whole gap year (this practice is rare, but it does occur). If you realize that burnout is just a convenient excuse to make a long-overdue decision, feel free to change your job, but don’t forget to take at least a couple of weeks off. Any job requires a little bit of boredom.

▍Boring job

This syndrome is very similar to burnout, but has a fundamental difference: it is not your attitude towards work that changes, but the work itself and your place within the project.
As a rule, this happens when you perform some routine tasks (for example, conduct manual testing) or spend a long time working on the same project that you are simply tired of. When quitting in this case, you need to understand that you will get tired of another job and another. By the way, according to observation, this reason prevails among young professionals who already know how to see the glass ceiling, but do not yet know how to break through it. The advice is simple: think about how you can develop along with your current project, what skills you can improve to move to the next level. For example, a manual testing engineer might learn a new programming language and write scripts for automated testing or work with database management.

▍Relocation to another city/country

A clear and valid reason for dismissal.
The case when you have already decided everything and you just need to say goodbye well. There is one small nuance: quit only when you are one hundred percent sure of the offer and moving to another city or prospects in a new country, do not take risks in advance “in search of happiness.” It's unlikely, but you may have to return to your city and even to your company. An example from life. A commercial director from a large Russian city was invited to work in Moscow for a large international company. Everything was great until 2014, then the company closed its main Russian division and he could not find a job in the required time frame. I had to return to my hometown, where during three interviews something like “yeah, you weren’t useful in Moscow, now you’re trying here.” And they took him to his previous job, albeit in a different position, but at a salary higher than what it was before the dismissal.

▍Personal reasons

The most vague group of reasons for dismissal, including the most incredible: from an unsuccessful office romance to the uncomfortable arrangement of toilet stalls in the office.
Sometimes the reasons seem far-fetched, but they are quite real: if nothing keeps a person at work (interest in the project, relationships in the team, prospects), then any little thing can lead to a resignation letter. This is the most difficult class of workers to retain. The only way out: leave well, let go in peace. Of course, there may be other reasons, simple and completely incredible, but they are much less common.

Application for resignation

If your employer is ready to let you go without additional requirements, you should submit a standard resignation letter. It can be written in free form addressed to the manager, focusing on the following example: “I ask you to fire me of your own free will.” You should definitely refer to Article 80 of the Labor Code, sign and date it.

If there is a risk of contradictions, you would like to refer to violations on the part of the employer or the inability to continue working, it is better to reflect the reasons for leaving work in the application. A standard statement can be used as a basis. However, it should additionally indicate the wording of the law and your motivation for leaving.

To avoid risks and threats, the application should be written in 2 copies. You must receive a stamp on your application indicating the date of receipt of the document.

Common Mistakes

Even following formalities during the dismissal process will not help to avoid all possible mistakes. Each employee must correctly assess opportunities and plan their future career. The most common mistakes are related to the following points:

1. No new job offers. Vacancies must be posted prior to writing an application. If possible, it is worth attending several interviews to better understand the prospects for further employment. It is best to make a final decision on early termination of the contract only after receiving a specific offer from another employer.
2. It is important not to take long breaks. When applying for a new job, the interviewer will definitely ask about the reasons for the lack of practice. This is especially important in specialties where there is constant updating of information and requirements.
3. There is no need to rush to quit during vacations and holidays. These days and weeks it is very difficult to find suitable vacancies. This period is perfect for creating a competent resume and posting it on the most popular resources.
4. All employees want to quit profitably, with the least losses and risks. But don't forget about obligations. It is worth reading the terms of the contract carefully. If an employee has undergone advanced training courses at the expense of the company, then the contract will indicate a point after which the agreement can be terminated.

Everything possible must be done to make the process painless. Sometimes management asks to train a new specialist. In this case, it is better to meet halfway. In this case, you can maintain good relations with your superiors and the company.

How to resign by agreement of the parties

This option allows you to stop working at any time if it suits the employee and employer.

To resign by agreement of the parties, it is recommended to do the following:

1. To write an application. The text should indicate the desired date of dismissal.
2. Draw up an agreement to terminate the employment contract. The document should indicate the date, payments, bonuses.
3. Issue a dismissal order.

This option of terminating the employment relationship has many advantages. It allows you to maintain continuous work experience throughout the calendar month. It is also possible to receive large payments at the labor exchange.

Dismissal by agreement of the parties: pros and cons for the employee

It is also beneficial for an employee to leave the company in this way:

• no need to work a set 14-day period; according to the law, you can quit at the desired time;
• there is no need to invent a reason for leaving, because it does not need to be indicated in the application and other documentation;
• when drawing up an agreement to terminate an employment contract, you are allowed to enter your own conditions (if the employer does not mind), for example, the calculation of severance pay;
• when dismissal is the result of a violation of labor duties, then if an agreement is reached, the unwanted entry is not made in the documents;
• If the employee is paid compensation, then the employment center will accrue a larger benefit, because Average earnings will increase due to these amounts.

Dismissal as a result of a compromise has tangible negative aspects for the employee:

• if the agreement is signed, it cannot be unilaterally annulled;
• great difficulties in appealing dismissal from the enterprise;
• a ban on introducing additional conditions into the agreement if the manager is categorically against their inclusion;

Information

In addition to the described shortcomings, the resigning employee must understand that even the local trade union body will not be able to influence the reached and documented agreement. Therefore, before signing a contract, it is recommended to think carefully about the possible consequences.

How to resign of your own free will

This dismissal option is considered the most common. A special feature of such departure from work is the need to notify management 2 working weeks in advance. It begins the next day after the organization submits and accepts the application.

To properly resign of your own free will, you should be extremely careful. Management can keep an employee for more than 2 weeks without accepting his application. To avoid such problems, the paper should be registered with the secretary.

It can also be sent by mail. It is recommended to do this by registered mail with notification. This will provide documentary evidence of acceptance of the application. In such a situation, it will not be possible to keep a person at work for more than the legal period.

To quit your job voluntarily, you should adhere to the following procedure:

1. To write an application.
2. Work the required 2 weeks. If there is an agreement with the manager, this period can be reduced.
3. Issue an order indicating the date of dismissal of the employee.
4. Receive all payments and work record.

Remote dismissal

There are situations when it is not possible to go to management to sign the dismissal in person. In such cases, it is permissible to resign remotely. The procedure is generally identical to the standard dismissal process, with the exception of a few points:

• You must have the signature on the application certified by a notary.
• The application must be sent by mail, always by registered mail with notification.
• In response, the employee is sent a stamped copy of the dismissal order by registered mail, and a note indicating that the letter was sent is included in the original order.
• In case of remote dismissal, the work book is also sent to the employee by mail.

How to quit without serving a probationary period

The employee is tested to assess his qualifications. If he does not pass the test, dismissal is carried out in a simplified manner. In this case, payment of severance pay is not provided.

However, the probationary period may be a trial period for the employer. Sometimes there are situations when an employee is not satisfied with a new position. In this case, the desire to work may disappear.

It is much easier to quit during a probationary period than from a permanent job. In this case, the work is not 2 weeks, but only 3 days. It is within this period that the employee must notify the employer in writing that he is not satisfied with the job and wants to leave of his own free will. The work period begins the next day after submitting the application.

If the employee wants to leave without this, he needs to reach an agreement with the employer. There are also other options. You can resign without serving a probationary period if the employee was on vacation or sick leave for those 3 days.

Dismissal by agreement of the parties: pros and cons for the employer

This voluntary and mutual method of terminating an employment relationship has more positive qualities than others:

• If a subordinate and superiors have signed an agreement to terminate the work contract by mutual consent, then it is also possible to cancel this document only by mutual agreement.
  Important

  If one of the parties revokes the contract at its own discretion, this cannot be done without the permission of the other.

  In addition, it is very difficult to appeal the agreement in court.

• According to the agreement reached, it is possible to dismiss an employee even when he is on vacation or has a sick leave certificate.
• If an employee is guilty, but his labor misconduct was improperly documented or even forgotten to do so, then the employer can fire him by mutual agreement.

Management may also experience negative aspects when dismissing a subordinate:

• upon termination of the contract by agreement, management is required to pay the due compensation amounts;
• the need to indicate in the company’s internal regulations the amounts of all amounts of money intended to be issued during dismissal;
• it is impossible to carry out the procedure only on the director’s terms, because the employee has the right to demand that documents be signed at a time convenient for him.

How to quit without working for two weeks

To quit without working for two weeks, you can use the following options:

1. Agree with your superiors.
   If the manager agrees to let the employee go without work, this can be done.
2. Take a vacation.
   If the deadline for receiving a work book does not matter, you can use the right to leave and then quit. To do this, you need to write a corresponding application in free form. The last day of vacation is to indicate the desired date of dismissal.
3. Provide evidence of the impossibility of further work.
   There can be two valid reasons - enrollment in an educational institution or retirement. Both reasons can be easily documented. This may be a certificate from the Pension Fund or educational institution. The remaining grounds for dismissal in the law are hidden behind a vague wording that reads “other reasons.” Reasons for leaving work without working time may be illness, the need to care for a sick relative, the entry into force of a court decision, or conscription for military service.
4. Find irregularities in the organization's work.
   If a company violates the law, you can get fired at a convenient time. To ensure leverage, you should choose violations that are easy to prove. This could be a delay in salary or lack of vacation pay.
5. Go on sick leave.
   An employee can notify the employer of dismissal and go on sick leave. In this case, the specified period is not interrupted and there is no need to submit an application again. In this case, the employee must provide management with a closed medical certificate.

How to recover?

Even if you leave a job you don’t like, even if you are attracted by the prospects of a cool position and a fat wad of salary awaits you, it is always difficult to leave. Moreover, it is difficult to close the door for the last time without your eyes warming up - well, at least shoot! Therefore, in addition to formalities, showdowns, farewells and employment, you have one important concern - to restore peace of mind, calm down, improve your mood and remove the stone from your soul.

▍It’s good to say goodbye to colleagues

This is the main thing.
Every single member of the team is not to blame, even if you leave badly - it just doesn’t happen that way. Leave yourself, to a good future, with a light soul - arrange a cheerful farewell, treat your colleagues to pizza or cake, chat, wish something good. Leave not very well - say goodbye, hug and shake hands, write a general letter or post on the corporate portal (without accusations or rudeness), in the end these people were nearby and everything was not so completely bad. I had personal experience of bad care, with a kind of defiantly sarcastic farewell to a good team (due to a not very good manager). A year later, the feeling of incompleteness and self-dislike for that clown farewell did not leave me, everything was decided by a meeting with colleagues in the old office and a super soulful tea party.

▍Relax

At the slightest opportunity, take a short break between jobs - not only your soul needs it, but also your brain, it will not be easy for it to readjust due to stress. Don’t burden yourself with a trip to warm countries - lie down, relax at the dacha or in your region, meet with friends, walk around the city, go to a cafe or to the cinema. At least play your favorite game!

▍Talk with loved ones, friends, family

If something is worrying you, panic about the future is growing, it seems that you are between heaven and earth, talk to your family. Sometimes, during an honest monologue and expressing your doubts in verbal form, you already receive ready-made answers to all your questions. And the look of people from the outside will allow you to dispel doubts and finally stop making mountains out of molehills. Don’t close yourself off with your problems - sometimes, if you voice them, it becomes clear that they are not worth a damn.

▍Plan tasks for a new job

Take a couple of days to plan your strategy for your new job:

• what will you do first
• what questions do you need to ask your mentor or manager?
• what tasks are ahead of you and what do you know about solving them?
• what policy of communication with colleagues will you choose?
• what you will refuse to tell new colleagues about, and what you will be open about.

When planning these points, be sure to take into account previous experience, especially painful and stupid mistakes in work and communication. Don't step on the same rake!

▍Purchase a new hobby

Sometimes you want to start your whole life over again. Well, add a new hobby to your new job: start reading books again, going to the gym, doing exercises, or learning a new technology or a new language. This way you will untie yourself from the past and step more boldly into the future. If you do everything right, you will really like the new you... in just a month (or even the classic 21 days).

How to resign as a CEO

To resign from a job as a general director, you can use the following grounds:

1. Employer initiative. The reasons are provided in the Labor Code. This category also includes the adoption of unfounded decisions that caused damage to the organization and gross violation of labor discipline.
2. Change of owner. This means the transfer of ownership of the property to another person.
3. Suspension due to bankruptcy of the organization.
4. Termination of an employment contract with a manager on additional grounds related to his position.
5. Additional grounds provided for in the employment contract.

Like an ordinary employee, a director can resign at his own request. In such a situation, the contract is terminated according to a simple step-by-step algorithm. To do this you need to do the following:

1. Draw up a statement and notify the founders.
   The manager must notify the founders of this at least a month in advance. If he leaves of his own free will, notice of the general extraordinary meeting will be required. It is necessary to make a decision regarding the termination of the powers of the previous manager and the selection of a new one. If the dismissal takes place without the appointment of a new person, the general meeting appoints a temporary acting person.
2. Conduct a general meeting of shareholders and draw up minutes.
   In this case, it is necessary to comply with all the requirements specified in legislative acts. The protocol must contain mandatory details - date, location, list of people who took part, agenda, voting results, vote count data, list of those who voted against. The contract serves as the basis for terminating the employment relationship with the manager.
3. Issue a dismissal order.
   In this case, you must adhere to the unified T-8 form or comply with the form that is accepted in the organization. The peculiarity of the order is that the manager’s signature must be in a line that indicates familiarity with the document. It is also present in the line in which the signature of the approver is entered.
4. Organize the transfer of cases.
   The manager carries out the transfer of cases. It is impossible to dismiss the director of an LLC without appointing a new one. However, in practice this situation may occur. This could lead to legal action from the old employee. If a new candidate has not been appointed within 1 month, it is required to appoint an employee who will temporarily perform duties.
5. Make an entry in the work book.
   In this case, you must indicate the date and protocol number.
6. Enter data into the Unified State Register of Legal Entities.
   This is done within 3 working days. Until this information is entered, the former director remains the head. This is a very important point that cannot be ignored.

Which dismissal option is the most profitable?

To profitably quit your job, you need to choose not only the right option, but also choose the right time. If the company is under pressure to complete an urgent order, it is better to quit after it is completed. Such behavior will be appreciated by colleagues and superiors, which will certainly have a positive impact on the course of the dismissal procedure.

When choosing the wording, you should not refer to violations of the employment contract by the management of the institution. It is almost impossible to prove these facts, because... To protect the interests of the company, legal bodies are created, staffed by experienced specialists.

If time permits, it is advisable to notify your boss in advance of your desire to leave so that he can make adjustments to his plans in advance. It is better to comply with the request to postpone the deadline for filing an application so that problems do not arise after registration. The wording “at one’s own request” is the most suitable for both parties to the employment contract, because does not contain any uncertainties or pitfalls.

How to quit your job remotely

This method of terminating an employment contract begins with the employee drawing up a corresponding application. It can be issued in free form.

To quit your job remotely, you must comply with the following requirements:

• indicate the employee’s full name and position;
• draw up a document addressed to the manager;
• indicate the grounds for termination of the employment relationship;
• date and sign the employee.

To avoid possible problems, the employee should have his signature certified on paper by a notary. When choosing a dismissal date, the subordinate must decide for himself whether to indicate it or not.

If the number is not entered, the employer dismisses the employee within 2 weeks after receiving the document. If there is a date, the employee must comply with the statutory work period. If an urgent departure is necessary, a person may be fired without meeting this deadline.

It should also be noted in the document that the employee agrees to have the work book and other documents sent by mail. This will enable the employer to issue documents remotely.

After drawing up the documents, the employee must send them by registered mail. In this case, the notification of delivery must be sent to the legal address of the company. If the employer agrees to dismiss the employee, he issues a corresponding order and prepares documents. These include a work book and an employee card.

On the last working day, the work book must be sent to the employee. This is done by registered mail with a description of the attachment. After which the procedure is considered completed.

When submitting an application remotely, the employee can withdraw it. This can be done in person, by sending a letter or telegram. This should be done within 2 weeks.

How to resign correctly

So, you have decided to change your job. It's time to act. There are two different mechanisms for dismissal: at the employee’s own request or by agreement of the parties. The procedure is different in each case, but it always begins the same way: with the employee writing a letter of resignation. It is written in free form and strictly by hand.

Based on this, management issues an order to dismiss the employee. The completion date of the work is also specified in the order.

The company must make the final payment within the last working day. At the same time, the employee is given his work book.

This is a general algorithm for how to competently quit your job. In particular cases there are some small subtleties.

How to quit your job correctly: the most important thing in 2 minutes

How to resign for health reasons

Resignation for health reasons is possible at the initiative of a sick person or employer. In the first case, you must submit an application, which should indicate the reasons.

In such a situation, it is not necessary to adhere to the two-week period established by law, since the person cannot perform work duties due to health reasons. No additional payments other than salary and compensation for unused vacation are made.

At the initiative of management, the employment contract can be terminated if the employee is recognized as unable to perform work duties. This is also possible when there is no work that a person can do.

In this case, you should do the following:

• obtain a medical report indicating the need to transfer the employee to another job;
• offer the employee a vacant position;
• in case of refusal or lack of work, issue a dismissal order and make a settlement.

Quitting a job can be done in different ways. To avoid problems later, it is important to strictly follow all formalities. In this case, you need to write an application and, in most cases, work the allotted time.

Pros and cons of voluntary dismissal for an employer

Termination of an employment contract on the initiative of a subordinate implies a serious advantage for the manager. The employee must declare his intention 14 days in advance. During this time, the management staff advertises the vacancy in order to have time to replace the resigning person.

Attention

The disadvantages include the fact that the employee has the right to change his decision.

The administration is also supposed to issue accrued wages and compensate for unused vacation days.