Do not sign an application for dismissal what to do
The Labor Code of the Russian Federation established the right of every citizen to work and prohibit forced labor. If an employee expressed a desire to break the employment contract, filed a declaration of dismissal, then he wants to leave the enterprise. An attempt to keep it equal to forced labor and is fraught with sanctions.
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The reasons for the employer's failure to release the employee can be different: a valuable employee needs it now; bad want to dismiss under the article, and not at will; Time is needed to find a replacement. Perhaps you want to make it make an important work and just pull the time. The boss can be understood, but its actions are not justified. The situation is unpleasant, can occur with each, but is not hopeless.
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First of all write a statement about the desire to quit, put the director of the company informant. Prepare two instances at once. If you are 100% sure of the refusal, then you can not transfer the application to the signature to the head of the enterprise. On your side the law - article 80 of the TC RF. Fastens your right to quit 2 weeks from any post after writing a statement, not since its signing. At the end of the application, lock the current date, transfer it to the administration for information. After 14 days from the day marked in the application, you are considered dismissed.
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Most importantly - management should be promptly aware of your intention to leave the enterprise. Be sure to follow the secretary or employee of the personnel department, the one who keeps accounting the documentation registered your application in the book of incoming documents. On each statement, he must put the date and number of accounting, its signature, the printing of the institution (if any). Leave one instance for the head, the second in myself. After 2 weeks, you have to make a complete calculation, to issue a completed workbook, that is, dismiss.
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It is possible that you will not accept a statement, refuse to register it or in your organization does not keep records of such documentation. Take the next step. Follow the mail statement, send it by registered letter with the notice. It is very important to make an inventory of nested papers so that the administration could not argue about the arrival of the envelope with a clean sheet of paper. As soon as you get the official notice of the delivery of the letter, start counting. After 14 days, go to demand the calculation.
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It is better to avoid conflict, but to resolutely defend your interests. The angry boss can threaten the dismissal on the article. This threat is not dangerous if there is no reason under it - you are not a walk, there are no violations of work discipline. Of course, not a disciplined worker who received a reprimand can be dismissed on the article. Labor legislation defines specific periods of recovery. Usually - three months from the moment of fixing the offense. If this period has expired, the employer has no right to dismiss it under the article.
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During the holiday, being on the hospital, you can write a statement, arrange a valuable letter in the mail with the description and notification, putting one copy there. In this case, there is no need to work out the last 14 days if they coincided with the holidays, with sick leave. Regardless of the desire and will of the employer, after 2 weeks from the date of receipt of the notification, you must calculate and publish a decree on the dismissal.
Before performing these steps, try to spend peace negotiations with the employer, there is always a chance to negotiate. Explain the current situation, your next steps, remind the Article Tk of the Russian Federation, protecting your rights. It is not bad to mention that there is a traffic, and you intend to complain or file a lawsuit - article 392 of the TC RF.. The employer prevented by your new employment will have to give the completed labor book and compensation - Article.234 of the TC RF.
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The article is good, though with errors, but consultations to impose on the phone - sucks: remove this annoying alleged online advice. You still do not advise anyone anyway, but only the phone numbers pull out.
Sample application for dismissal at your own request
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The article is good, though with errors, but consultations to impose on the phone - sucks: remove this annoying alleged online advice. You still do not advise anyone anyway, but only the phone numbers pull out.