How to leave a good job. Conflicts with the boss


According to the rules familiar to everyone, before you quit, you need to work for two weeks. This standard statement is not always true. There are situations when mining is not required, or may not occur for a number of reasons. Labor law explains how to quit your job without working off. Consider cases when an employee can quit without working off own will, and when the current situation at the enterprise requires it.

In what cases can you not work out

Resigning at will, you can find a way not to work out the two-week time required by law.

  1. By writing a letter of resignation of his own free will before going on vacation, the two weeks that the employee will be on vacation will be taken into account in the period of work;
  2. While on parental leave, you can quit without leaving your vacation, then you won’t have to work;
  3. You can also apply for dismissal on sick leave, in this case, working off does not take place after the fact, sick leave days are counted in the two-week experience.

In practice, there are situations when an employee quits of his own free will due to non-payment of wages to him, and in fact, according to the law, he also has to work. In this case, you can use the provisions of Art. 142 of the Labor Code of the Russian Federation. That is, if wages are not paid for more than fifteen days in a row, the employee has full right write to the manager a statement that he suspends work due to non-payment of wages. These applications can be submitted immediately, on the same day. One is about dismissal, and the second is about stopping work. In this case, the employee may not go to work.

If, prior to the employee's termination, wage he is not paid, then he leaves without working off, because the days of stoppage in work are counted in the length of service, so working off is not needed. And for payment, the employee will already go to court. The employer has no right to apply sanctions to such an employee. This article also establishes restrictions on employees of which enterprises and positions do not have the right to announce a stoppage in work (for example, civil servants, firefighters, etc.).

In case of illness of a relative, a child, or in other force majeure circumstances, dismissal without working off is allowed. But only in agreement with the employer. If such an employee was denied dismissal without working off, he has the right to appeal to the court the decision of the head.

How to write a letter of resignation without work

Article 80 of the Labor Code of the Russian Federation regulates the ability of an employee to quit without working off on a letter of resignation. The application must be written in such a way that it contains the employee's request to dismiss him by a certain number, without working off, with obligatory indication reasons for exemption.

Such reasons may be: retirement, admission to study in educational institution, in case of violation by the employer of the terms of the contract or the law. In case of violation by the enterprise of the norms of the law in relation to the employee, the employer is obliged to dismiss the employee on the day specified in the application. Due to established practice, good reasons for dismissal without working off, serve:

  1. moving to another place of residence (to another area);
  2. moving to a new place of work of the husband (wife);
  3. if there is a medical conclusion about the impossibility of working in the area;
  4. in case of impossibility to work in this position for health reasons;
  5. caring for young children or sick relatives;
  6. if a pregnant woman wants to quit.

But again, it all depends on the agreements with the employer. Sometimes, if an employee has found another job, it is possible to agree with the employer on dismissal without working off, although getting a new position is not a direct reason not to work the allotted time.

There is also the opportunity not to work out if the employee does not leave of his own free will, but by agreement with the employer. Then working off is not mandatory, and therefore the dismissal occurs by a certain agreement between the parties, by number.

"Don't quit your job before you find a new one" - we've heard this mantra a million times. You're tired? Sick? Do you need a break? These are all excuses, whispers an inner voice (which sounds suspiciously like the voice of a colleague, friend, or one of the young people at the next table, whose conversation you accidentally overheard). If you leave now, you will lose. Don't leave your job. Don't make mistakes.

What can be said about this voice? At least this: the option that seems safe to us is not always the most reasonable. Being in severe stress, we switch to survival mode. And in this mode, we are not inclined to think soberly and in detail. We are afraid of risk. We only think about one thing: relax and forget.

In addition, in this state, the chances of finding something better tend to zero. Trying to escape from one captivity, we easily fall into another if we cannot adequately weigh all the pros and cons. It happens that a person simply does not have the strength to fight for Better conditions. He is exhausted, his fighting spirit has vanished - only a sluggish, lifeless body remains. Is it possible to hope to impress the next personnel officer in this state?

Before deciding whether to stay in a grueling or unpleasant job, analyze your condition. Perhaps you just need a pause in order to recover. Here are some points worth looking at.

You don't feel safe

Your safety is above all. If you don't feel safe at work, you're better off quitting, even if your finances aren't in the best position. Some workplaces can be real places of increased danger - like disadvantaged areas of the city, zones of radioactive contamination and military operations.

If you are being harassed or threatened at work, speak up to management. If you remain silent, no one will protect you. If attempts to defend your rights have not led to anything, or after a “lull”, pressure on you resumes with new force- leave boldly and as soon as possible.

Work undermines your health

Remember: your health is always more important. The word "stability", so beloved by many, acts like a slow poison. We become passive, not ready for action - even when the old life brings only suffering. Work is killing you - physically or in any other way? Then you should quit it as soon as possible, while you still have strength left. In some places people work in fear all the time. How do you go to an interview in such a state and expect to be appreciated?

You feel insecure

The hatred of work can become so strong over time that in search of salvation you will be ready to grab at any straw.

It can be a simple "hack", work under the wing of a friend, the merits of which come down to the fact that it brings a little money and allows you to escape from the hell of your former life. But often these respite drag on, and your determination to find your dream job slips away unnoticed.

Do you need a breather

“I was fed up with my work,” says Alexander, “But I was just not ready to immediately take on a new one. I did not have enough time and inner space to understand what I want. I was in a terrible state. I had to leave before I could think of anything else."

Alexander quit, despite the fact that his colleagues considered his act insane. But he himself admits that he felt relieved: “My blood pressure must have dropped by half the minute I left the building.” He decided to do a three-week internship at a new company and got the job a week after graduation.

“This job was completely unrelated to my previous career, I was paid less, but so what? - says Alexander. - I work, I help people. Now I see meaning in what I do. And I can safely plan my next steps.”

You don't have time for yourself

“I never quit my job not knowing where to go,” says Barbara. But now I have to do it. The previous work absorbed all my strength. While I was there, I couldn't imagine my life outside the office. I felt stuck and couldn't move. Now I can concentrate and understand what I really want.

If, returning from work, you feel completely broken (oh) and squeezed out (oh, like a lemon), you will simply not be able to look for a new job. Everything can end up with new job you won't be satisfied either. Listen to your body - it will not deceive you.

If you need to quit your job first just to look at yourself in the mirror and figure out who you are and what you want, do it now!

About the expert

Liz Ryan- founder of the consulting company Human Workspace.

You received an attractive job offer and firmly decided to quit your current job. It would seem that the matter is small: inform the boss about this, write a letter of resignation, get paid - and hello, new life! But for some reason, your legs always carry you past the manager’s office, you put off a difficult conversation, you feel awkward in front of your colleagues…

How to quit your job with the least loss to your career and nervous system? Before you take the plunge, read the guidelines.

Leave beautifully
This situation is familiar to many: a new employer is already preparing for you workplace, and the current one is not yet aware that the launch of a new project and a corporate celebration will take place without your participation. When and how to inform the manager about upcoming changes?

The first rule of good dismissal is not to burn bridges. Try to save a good relationship with colleagues and boss. Often a wide professional circle turns out to be narrow in reality, and it is likely that you will still meet with former colleagues and a leader. This is especially true for small towns.

A difficult conversation with the boss must be carried out face to face. If your office is an open space, then it is better to go to the meeting room: for the time being, colleagues should not know about your plans. How the conversation with the manager goes depends on many things: the working situation, your personal relationships, the situation in the team, etc.

Of course, it is better to talk about the reasons for leaving as sincerely as possible. However, no matter how much you want, do not tell the boss that you are not enthusiastic about his team management style, the work seems boring to you, and the salary is small. Diplomacy is a great thing: with its help, you can maintain good relations even in a very difficult situation. Explain what you got interesting offer- the position is more serious, the salary is higher. Perhaps your family situation has changed and you can no longer go to the office on the other side of the city. Or maybe you are tired of constant overwork and feel emotionally burnt out. Such reasons must be told honestly, but at the same time delicately. Do not forget to add that you are very sorry to leave the team, but you are grateful for the experience gained during your work in the company.

An adequate leader will understand your motives, but be mentally prepared for a counteroffer. salary increase, new position, an unscheduled vacation or an interesting business trip - to keep a valuable employee,. Leave or stay on new terms, it's up to you. The main thing is that the manager does not consider that you are manipulating him with the aim of promotion or salary.

Warn in advance
obliges the employee to notify about his dismissal of his own free will in 14 days, however, by agreement with the employer, this period can be reduced. But do you need it? On the contrary, for the sake of maintaining relations with superiors and obtaining good advice, it may be worth talking earlier, for example, not two, but three weeks before the dismissal. Thus, you will give the company more time to search for a new employee and calmly complete business. Your new employer, most likely, will understand your desire to finish what you started at the old place. In addition, you will show yourself as a responsible person.

Regardless of whether you have the opportunity to warn the manager about leaving early or not, try to ease the company's transition period - the time when you will no longer be at the workplace, and new employee has not yet come into play. If possible, complete current projects, turn in cases on time, and leave key contacts for the new employee. In a word, make life easier for the successor.

The last two weeks of work should not be perceived as something like a vacation - on the contrary, it is a kind of debriefing. Come on time, do not try to leave work early, because the last fourteen days are paid by the employer in the same way as all the previous ones.

Keep Traditions
On the last working day, you need to not only pick up work book but also to say goodbye to the team. Send an e-mail to colleagues, thanking them for their cooperation and good relations, because for sure working in the company taught you something. Exchange contacts with key employees and with everyone who worked with you in the same department. Colleagues from the department can be presented with a small souvenir in memory of how you prepared reports together, launched projects or fought for clients.

In some teams, on the occasion of dismissal, it is customary to invite colleagues to a nearby cafe after work or treat them during a lunch break in the office. Do not break traditions and let your colleagues congratulate you on a new step in your career.

Know Your Rights
Unfortunately, the process of dismissal does not always go smoothly. It happens that the employer, having learned about the decision of the employee to quit, begins to behave like a feudal lord, trying to keep him. Various methods are used: from promises of mountains of gold and high positions to threats to fire him under the article or not to sign a letter of resignation.

But even in such situations, you should not get lost. As is known, serfdom in Russia was canceled 150 years ago, and you can quit without waiting for the signature of the head. To do this, you need to document the fact of filing a letter of resignation, either by transferring it to the head through the office in compliance with all formalities, or by sending it by registered mail with notification. The date of notification that the letter was delivered is the date of your notice of dismissal. After 14 days, the employer is obliged to issue you a work book and a calculation, which, among other things, should include compensation for unused vacation. Keep in mind that you can refuse it and take a vacation with subsequent dismissal. In this case, the last day of work in the company will be the last day of vacation.

But how to survive two weeks under pressure from the head offended by your "infidelity"? Do not succumb to provocations, do your job, strictly follow all paper formalities, do not be late and do not give a reason to make comments to you. In the most extreme case, a sick leave can help you out: while the employee is sick, two weeks of working off go on as usual.

Whatever your last days in the company, remember: before the expiration of the termination notice, the employee has the right to withdraw his application at any time. And although there is an opinion among both employees and employers that there is no way back for those who decide to leave the company, there are still exceptions.

Sooner or later, every employee has a period when he wants to stop labor Relations, but not everyone knows how to quit a job correctly. What can motivate a person to quit? Everyone has their own motives: someone is not satisfied with the salary, and someone prefers to change jobs every 5 years on the advice of psychologists. Whatever the reasons for leaving work, the process of dismissal must be carried out in compliance with the norms of labor legislation.

Dismissal procedure

The process of terminating an employment relationship depends on what kind of contract is concluded between the parties. There are two types of contract: fixed-term and indefinite. In addition, the termination of fixed-term and open-ended contracts is regulated by different articles. Labor Code RF. In the first case, this is article 80 of the Labor Code of the Russian Federation, in the second case, article 78 of the Labor Code of the Russian Federation.

Termination of an indefinite contract

Employment contract, which is concluded on certain period, can be terminated at the initiative of the employee and is regulated by Article 80 of the Labor Code of the Russian Federation. To terminate this type of employment relationship, the will of the employee is sufficient, but at the same time he is obliged to notify the employer of his decision 14 days before the planned date of dismissal.

Important! The warning must be in writing, usually a voluntary resignation. An employee's verbal statement: "I'm quitting!" is not considered as a notice to the employer.

After 14 days from the date of filing a written application, the employee has the right to no longer go to work. The consent of the employer is required only if the employee decides to leave before the end of the notice period.

But how to quit quickly, before the expiration of 14 days, if the employer does not agree? The legislation provides for such an opportunity, but under certain circumstances, due to which the employee is unable to continue to perform his job duties. Such circumstances include the following cases:

  1. Enrollment of an employee in an educational institution.
  2. Change of place of residence due to moving to another area.
  3. Violation of labor laws by the employer.
  4. The state of health of an employee, by virtue of which he can no longer continue to work.

In the presence of such circumstances, the employer must dismiss the employee on the day indicated in the application for dismissal.

Every employer values good workers and reluctantly agrees to fire a valuable employee. However, he has no right to prevent the dismissal of his own free will and force a person to work. Often there are cases when the employer refuses to fire the employee, referring to the fact that he did not complete his obligations or did not sign the bypass sheet, but such actions would be illegal. In such a situation, the employee has the right not to go to work, and if he has not received a work book and the final payment, he has the right to sue to protect his rights.

Termination of a fixed-term contract

If an agreement is concluded between the parties for a certain period, then the employee’s desire to terminate the employment relationship alone is not enough. In this case, the mandatory consent of the employer is required. If he does not agree, then the employee will be forced to wait for the expiration of the contract.

The employee must state his decision on early termination of the contract in writing and submit it to the manager for approval. The wording of the application may look like this: “I ask you to dismiss me from work by agreement of the parties (indicate the date).” If the employer does not object, the contract will be terminated within the period specified by the employee. By mutual agreement between the parties, the date indicated in the application may be changed.

But how do you quit your job if no agreement is reached? In the event that the employer refused to dismiss, and the person does not want to continue the employment relationship, then he may simply not go to work. This option not suitable for those who want to leave beautifully, because in this case the employer has the right to fire a person for absenteeism and make an entry about this in the work book. Therefore, it is better to try to come to a consensus with the leader.

For reference! Application to worker disciplinary action in the form of dismissal is the right of the employer, but not the obligation. Therefore, even if the employee is absent from the workplace, the employer may not fire him until the end of the contract.

When is the best time to quit your job?

Many people wonder how to competently quit a job in order to reap some benefit. Someone decides to quit after a year of work, wanting to be compensated for unused labor leave, and someone quits only when he has found a new place, so as not to interrupt his work experience.

Upon dismissal, the employer is obliged to pay the dismissed person all the accruals that are due to him. This amount includes wages for the time actually worked, as well as monetary compensation, which is paid for unused vacation.

The working year is calculated not as a calendar year, which begins on January 1, but from the date of employment. Calculation of the working year is important for calculating compensation for labor leave that was not used. How more people worked without vacation, the greater the amount of compensation.

Also, for some, the question is whether to quit before the vacation or after. Everything is individual here, since you can find a new place during the holidays. At the same time, you can live on the compensation received while a person is looking for a suitable job.

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