Sample letter of resignation at your own request

Why do you need to write an application?

Let's start with the fact that Article 80 of the Labor Code of the Russian Federation is devoted to the termination of an employment contract at the initiative of the employee. It contains the requirement that a person’s desire must be formalized in writing. Without written confirmation of your will, as the Labor Code says, severing an employment relationship means obviously taking a risk, and the risk is mutual: the employee can sue for illegal dismissal, and the employer can consider the employee’s absence from work to be absenteeism and fire him under the article for absenteeism.

The form of application for dismissal is not established by law, but there are a number of mandatory requirements for it.

Withdrawal of application

We have found out how to write a letter of resignation of our own free will; it remains to explain how to withdraw it. If for any reason an employee changes his mind about leaving, the employer must be notified of the decision before the notice period expires. For example, if a document is dated March 15, and an employee wants to resign on March 29, then before this date he contacts management. But there is a nuance here: you will be able to stay if by this time the employer has not managed to invite in writing another employee who cannot be refused employment. For example, if this employee is invited by transfer from another employer and has already terminated his employment relationship.

The legislation does not stipulate the form for withdrawing an application. Based on current standards, we have developed the following sample:

IMPORTANT!

To avoid possible disagreements and have evidence in case of litigation, we recommend not only notifying the employer of the withdrawal of the application for resignation orally, but also preparing an official document in writing. Be sure to make sure that it has been registered by the company's HR department.

When to write (pay attention to the date)

Let us recall the general rules set out in the Labor Code.

So, the employee must give two weeks’ notice of his desire to leave. Two weeks must be counted from the day following the submission of the application (for example, submitted on January 17, the countdown begins on January 18, the last working day is January 31).

However, there are some categories of workers for which the notice periods are different:

• manager - informs about his decision at least 1 month in advance;
• seasonal workers, probationary employees working under a fixed-term contract - 3 days in advance.

The period established by law may be reduced if neither party has any objections.

The date of dismissal is considered to be the last working day.

Possible disagreements

Situation 1. An employee submits an application in which he does not indicate the date of dismissal, but only the date of writing the application.

In this case, the employee cannot be fired immediately without his consent. You need to wait two weeks.

Situation 2. The employee indicates the date of dismissal in the application, but less than two weeks are left before it.

Such an application can be submitted only by agreement of the parties, or in case of special circumstances (enrollment in an educational institution, retirement and other cases). In other cases, the employer has the right to require working for two weeks.

Situation 3. Conflict. There are less than two weeks left until the dismissal date indicated in the application; the employer does not agree with it, but the employee insists on this date, and when it arrives, he does not go to work.

If there are no valid reasons for postponing the dismissal date, the employee is required to work for two weeks. His resignation letter will be invalid and the employer has the right to fire him for absenteeism.

Resignation requests may vary

It would seem that such a simple document that almost everyone has written more than once in their life, and it turns out that it can be written in different ways. The conditions of dismissal will depend on this. Let's list the options:

1. The standard option is an application for voluntary resignation, which requires mandatory work within two weeks (unless we are talking about a director, for whom the notice period is different).
2. Application for dismissal by agreement of the parties (read about all the nuances in the article on our portal “Procedure for dismissal by agreement of the parties”).
3. An application for dismissal without service is a variation of the second type. In this case, by agreement with the employer, you don’t have to work and you don’t have to go to work the very next day after submitting your application.
4. An application for dismissal during a probationary period will differ from the standard one in that the period in which the employer must be notified is only 3 days.

In some cases, an employee has every right to quit without working, without waiting for the employer’s consent. This is possible if there are certain reasons for this. For example, an employee:

• entered an educational institution;
• retired;
• changed his place of residence;
• must take care of a disabled person of group 1.

Rules for drawing up an application

At the legislative level, the form and text of an application for voluntary dismissal have not been approved. But there are rules and structure of this document developed in practice. It must include the following information:

• employer's name;
• FULL NAME. manager;
• Full name, position of the applicant, department;
• Title of the document;
• text;
• date of termination of the employment relationship;
• the reason that caused the dismissal, if it requires leaving without an additional 2-week period;
• date of document preparation;
• FULL NAME. and the employee's signature.

When drawing up the document, please note that according to the Labor Code of the Russian Federation, an employee is obliged to notify the employer of the planned dismissal at least two weeks before leaving. For example, if an employee wants to terminate a contract on March 29, then management must be notified on March 15 so that the deadline begins to count from the next day.

Here is an example of how to write an application for voluntary resignation in 2021:

An employee wants to quit: the actions of a personnel officer

HR specialists find themselves in this situation quite often and still sometimes make mistakes that can have unpleasant consequences in the future.

To avoid this, use simple recommendations.

1. Try to gently find out why - this information may be useful in the future if you are working to reduce employee turnover.
2. Explain to the employee all the features of the procedure for terminating an employment contract (including his right to change the decision).
3. To avoid mistakes and multiple rewrites, offer him a standard resignation letter form - have him rewrite it by hand and sign and date it in front of you.
4. Notify the employee's immediate supervisor if he or she has not done so independently.
5. Prepare all the documents that you are required to issue on the last day, make all the calculations.

Example of a resignation letter

Sample

The procedure for dismissal at will is established by Articles 77 and 80 of the Labor Code. The employee has the right to terminate the employment contract at any time. However, he is not obliged to report the reasons for such a decision.

There is no approved application form for voluntary resignation; the organization (if desired) develops its own form or resigning employees write such an application in free form.

Download form: Sample application for voluntary dismissal.doc Word (33 kb)

Download for free: Sample voluntary resignation letter 2020-2021.doc Word (33 kb)

When wording in a statement: “I ask you to dismiss me from ...”, enter the day following the last working day.

Voluntary dismissals are by far the most common method of dismissal. Even in case of violation of the employment contract, layoffs, or closure of the company, in most cases the employee is advised/asked/forced to write a statement of his own free will.

For the employer, and often for the employee, this is the easiest way to leave work without consequences and further proceedings.

Is it possible to change my mind

As a general rule, it is possible. But there is an exception.

Situation: continuous milling machine operator A. came to the HR department and filled out a resignation letter template according to all the rules. The production manager must ensure continuity of work, he quickly found the right employee B. to replace A. and invited B. to work on the translation, and he was able to quit without two weeks of work. However, A. suddenly changed his mind and decided to stay. In this case, contrary to the general rule, he cannot withdraw his decision and will be fired.

In other cases, a person may change his mind right up to the last working minutes of the last day of his work and even report this by mail or telegram, then the personnel officer must immediately stop the process of terminating the contract and reinstate the employee at work.

Withdraw the application

In accordance with Article 80 of the Labor Code of the Russian Federation, an employee can withdraw an application at his own request if another employee is not invited in writing to take his place. How to do it?

Sample: Employee's withdrawal of resignation letter.doc Word (28 kb).

Download for free: Sample employee's review of a resignation letter.doc Word (28 kb).

In addition, even if you do not write such a statement, in the event of mutual agreement, a previously written resignation letter can be considered invalid. An order to dismiss an employee is simply not issued.

Special cases (sick leave, day off, vacation)

During sick leave

If the employee has already stated in writing his intention to terminate the employment relationship and the 2-week countdown has begun, but falls ill, there is no need to wait until the end of the sick leave (and may even be considered illegal). Despite the sick leave, the dismissal must be formalized on the exact date that corresponds to the rule (+ 2 weeks).

The doubts of personnel officers are understandable, but the rule that an employee cannot be dismissed during a period of temporary incapacity for work only applies to termination of a contract at the initiative of the employer.

Day off

If the application indicates a day off as the date of dismissal, then the date of termination of the contract may be the next next working day, judicial practice confirms this (see, for example, the Appeal ruling of the Arkhangelsk Regional Court dated 08/11/2014 in case No. 33-3916).

How to terminate an employment contract while on vacation

The Labor Code prohibits dismissing employees while they are on vacation if the initiator of termination of the contract is the employer (Part 6 of Article 81 of the Labor Code of the Russian Federation). An exception is the liquidation of an organization or termination of activities by an individual entrepreneur. If the employee himself has expressed a desire to resign during vacation, then the legislation does not establish any restrictions. In this case, it is important that the employee complies with the deadlines for submitting documents, and the employer carries out the dismissal in accordance with the procedure.

ConsultantPlus experts analyzed what controversial situations arise when an employee dismisses his own free will and how to resolve them. Use these instructions for free.

Results

Drawing up a resignation letter is not a difficult task, but at the same time it requires the employee to understand some basic principles and norms of the Labor Code of the Russian Federation.

In particular, the employee must submit a resignation letter in writing, in free form, indicating a clearly defined intention to leave the organization, indicating the date of his last working day and confirming the application with a signature. The resignation letter can be written either by hand or on the computer.

The company, in turn, should understand that it is very important for it to have the original application signed by the employee.
Otherwise, the possibility of the court declaring such dismissal illegal cannot be ruled out. It is best to create an internal universal application form, which the employee will only have to sign and take to the HR department. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.