Dismissal at the initiative of the employer and at one’s own request

We analyze the algorithm for dismissing an employee at his own request and at the initiative of the employer (by article and in connection with the reorganization of the enterprise, by agreement of the parties): what articles are regulated in 2024, practice, application samples 2024. Your career has come to the point that every hired employee has, in other words, to dismissal. There are two reasons for quitting: the employer wants it or you want it. An employer cannot just fire an employee.

Dismissal at the initiative of the employer can be under the article and in connection with the reorganization of the enterprise

So, there are two options:

1. Dismissal “under article”.
2. Dismissal due to enterprise reorganization.

Dismissal under article for absenteeism and other offenses

Dismissal “under article” is a type of punishment for an employee and a reason for terminating an employment contract. All cases are described in paragraphs 5, 6, 7 and 7.1 of Article 81 of the Labor Code .

There is a nuance here: the fact that the employee cannot cope with his duties must first be proven. And only then can the employee be dismissed at the initiative of the employer.

In addition, there are a number of restrictions for the employer; for example, an employee cannot be fired while on sick leave. Therefore, this dismissal scheme is resorted to as a last resort – it is not beneficial for either the employer or the employee, since the employer has to go through a lot of observational and evidentiary red tape, and the employee will receive a record of dismissal on the employer’s initiative. This indicates not only that the employee could not cope with his responsibilities, but also that it was not possible to come to an agreement with him and “part on good terms.”

Dismissal during liquidation or reorganization of an enterprise

The next point is dismissal in the event of liquidation of the enterprise, bankruptcy, reorganization of the structure or reduction of personnel. The employee cannot do anything about this. It is important to prepare, study the rights and know what severance pay is due. To simplify the dismissal process, they resort to dismissal by agreement of the parties, when the dismissal is agreed upon with the employee and clauses such as the timing of dismissal, the amount of severance pay, and others are specified in the agreement. These points can be both in favor of the employee and in favor of the company. How you agree depends on the situation. It is important to know that if a dismissal agreement by agreement of the parties is drawn up and signed, then it can be terminated or changed only by agreement of both parties.

Looking ahead, I will say that an application submitted at your own request can be withdrawn at your own request at any time. This does not work with a contract by agreement of the parties. That is why, for predictability and guaranteed termination of the employment contract on the appointed date, it is beneficial for the employer to enter into an agreement by agreement of the parties.

Let’s move on to voluntary dismissal: rights and obligations, sample application

Everything is very simple here. All you need is your desire to quit. This can be done at any time (on vacation, during a probationary period, and during illness). The employer has no right to prevent dismissal. Any clauses in the employment contract prohibiting dismissal have no legal force, since they will contradict the labor code. The only nuance that is important to remember: you must notify the employer of your dismissal 14 days in advance. And during the probationary period, in just three days. But this does not mean that you are obliged to work during this time. You may be on vacation at this time.

Moreover, if there are reasons for urgent dismissal and the employer agrees with this, then you can quit at your own request without working for 14 days.

Form: Sample application for leave with subsequent dismissal . So, you are a valuable employee. The employer would like you to continue working for the company. But you decided to quit of your own free will. First you need to understand the reasons:

1. You are not satisfied with your current job and want to quit.
2. You want to quit for personal reasons and it is not related to work.

Ask yourself questions, don’t rush

Before you quit, answer the following questions. Why did you work and not quit earlier? What changed? Is there anything that can be changed at your current job to make you stay? Think about these points and discuss them calmly with your employer. There is no need to talk about your dismissal in advance. And even more so, blackmail and try to scare you by leaving. This does not work. Express your complaints and suggest solutions. Sometimes you can influence this and build a roadmap: in other words, how to make sure that you don’t quit. It’s important to talk about this, and not after you’ve told everyone that you’re planning to quit. And certainly not after submitting an application. * What will you do after dismissal in three months, will you want to come back? * Maybe you are tired and need a long-term vacation?Consider taking an extended period of unpaid leave. You can discuss this with your employer and try to take unpaid leave for six months. If you are a valuable employee and the employer is ready to wait for you, then this is an excellent chance to relax, reboot and continue working with renewed vigor.

Do you want to change your type of activity, but haven’t decided yet?

Consider a combination option. You can become self-employed and do something else in your free time from work. If it doesn’t work out, you’ll save both your work and your nerves. If none of this helps or you have an offer for a new job, then write an application 14 days before the date of dismissal. Or at an earlier date by agreement with the employer. Since you are resigning of your own free will, there is no point in writing in the application anything more than a statement of your desire and the date of dismissal. Since the employer does not owe you anything except what is stipulated by the contract and the labor code. Accordingly, the application has a minimal form. In the header of the application, it is standard to whom and from whom. In the body of the application, write “I ask you to dismiss me at your own request,” indicating the date of the planned dismissal. Below is the current date and your signature. Pass it on to your manager or HR department. If required, endorse receipt of the application and keep a copy.As I wrote above, an application for resignation at your own request can be either submitted or withdrawn at your own request. You can change your mind at any time, but only, of course, if you haven’t been fired yet. Sample forms: How to correctly write an application for resignation of one’s own free will Application for withdrawal of an application for resignation of one’s own free will After dismissal, you need to ensure that the employer follows the required procedures:

1. Mark in the work book (paper or electronic). The paper must be handed out.
2. Payments : wages for the period worked, compensation for unused vacations, payments provided for by the collective and labor agreement.

Failure by the employer to comply with these conditions is grounds for going to court and recovering the required funds from the employer.

This is what voluntary dismissal looks like in the general case. There is an even simpler type of dismissal, when you cannot continue working and want to quit without working. Then you must indicate the reason in your resignation letter. This could be: health status, retirement, study, or any other reason upon agreement with the employer about dismissal without working for 14 days.

Dismissal of the general director

Things get more complicated when the dismissal concerns the CEO. The principle is the same, but owners need to be notified a month in advance. But this is only in the general simplest case. An analysis of all the nuances of dismissing the “general director” is worthy of a separate article. To summarize, I can say that it is better to think about dismissal and prepare in advance. Do not make hasty decisions, do not move from company to company, but build a career in one place. This will be better for both you and the employer. And if you decide to quit, then all it takes is your desire and a one-sentence statement. Just as they cannot keep you at work against your will, they cannot fire you “on their own” without proper compensation, unless you yourself agree to it. A lot depends on you and your own desires.