The order of dismissal on their own: legal advice

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Each slave, however much it may be attached to the work, has the full right to dismiss on his own initiative.Termination of employment contract on this basis - one of the most reliable ways to say goodbye to the employee.But despite the apparent simplicity, the legislation regulates a special procedure for voluntary redundancy.

Stages dismissal procedures

To say goodbye to the employer will have to go through all the necessary steps that the Labour Code provides:

1. The first step to dismissal - resignation.The main thing is your desire to be free came personally from you, and not because of threats or requests from your boss.If you write a letter of resignation at the direction of management, to prove in court the fact of the will of others will be quite difficult.In judicial practice, there are still instances where illegal actions of the leadership managed to prove, but it is better not to start.

2. The procedure for dismissal of their own volition after writing the statement is its chief supply.If the director is not very happy with your intention to leave, and you do not reach an agreement on this issue, it is possible that he may refuse to accept your application.In this situation, the lawyers advised to send a document by mail.

3. After the adoption of resignation the employer must issue a corresponding order.This document is issued strictly on the day care worker.

4. Next order of dismissal on their own is that the employee must correctly fill in the work book.Writing in the labor book shall contain information that the employee was dismissed on its own initiative (that is, according to para. 3 hours. 1 Art. 77 of the Labor Code).5. In addition, the employee is necessary to make the calculation.In such a calculation is required to include payments for unused leave.The procedure for calculation is carried out on the basis of existing legislation.

Nuances dismissal procedures

recommend to plan in advance the date of his dismissal as head has the right to work another 14 or fewer days (most importantly - no more).In some situations, the employer is obliged to terminate the contract with a subordinate them to the specified time.For example, if the employee is enrolled in the university, he has reached retirement age, to move to another city, etc.

also worth remembering that unauthorized changing the date of dismissal is not included in the rights and obligations of the employer.Wage workers put fire on the day indicated in its statement.

It is also important that before the date of issuance of the order to withdraw the right to change your mind employee has quit.Notify the director about it at any time within two weeks to practice.An exception may be the only option when your site is already invited the new employee, and if such an invitation has been issued in writing.

As you can see, despite its simplicity, the order of dismissal on their own has pitfalls.Therefore, if you have a conflict with your employer about your future care, do not act on the basis of emotion, be guided solely by the law.The only way you can save time and avoid negative consequences.