Advice 1: How to write the application on dismissal by agreement of the parties

Among the common grounds for dismissal in the first place is the dismissal by agreement of the parties. However, it is used much less frequently than, for example, on their own. Why is this happening? It is possible that some uncertainty confuses the employer. The question arises, what documents you need to formalize the dismissal, which is the basis for it, whether you want the employee to write the application on dismissal by agreement of the parties?
How to write the application on dismissal by agreement of the parties
Meanwhile, the dismissal by agreement of the parties has many advantages. For the employee it is an opportunity to quit at any time, without practicing two weeks (even if he is on vacation or sick); the employer is a reason to part with negligent employee without scandal and excess, unnecessary red tape. Another important difference from other grounds – the inability to refuse the dismissal unilaterally.
If the initiator of the dismissal is the employee, he may apply to the employer with a written statement (preferably), or orally. The statement is written in any form to the head of the enterprise. In it, the employee must provide your name, position, label the document ("Statement").

The text of the statement should set out the reasons, the exact date of the dismissal, the base. For example: "Please terminate the employment contract concluded with me under paragraph 1 of article 77 of the labour code by agreement of the parties in connection with urgent relocation to another town 02.12.2010 year." Next is the personal signature and date of application.

In addition to the main text of the statement can be specified for more wishes. For example, the request to send copies of documents of resignation by mail at the address provided.
The established procedure statement is passed to the supervisor for decision. If he doesn't mind, the appropriate visa is placed on the application of an employee, it is transferred to the office of personnel management. Specialist prepares the draft of the additional agreement to the employment contract of the employee, it is grounds for dismissal by agreement of the parties. Only after it is signed by both parties (employee and employer), preparing the order for dismissal (unified form T-8) note-the calculation for the accounting Department.

In day of dismissal the employee meets with the order, with the entry in the workbook, gets her hands on.
An example of the additional agreement to the labour contract
If the initiator of the dismissal – the employer, he shall also notify the employee of its decision. In case the consent is issued the above-mentioned supplementary agreement to the employment contract. In it by mutual consent can be included additional paragraphs: on payment of remuneration at a certain amount, determination of period for transfer of material assets, etc.
Since the legal grounds of dismissal by agreement of the parties is a supplementary agreement to the employment contract, you can negotiate verbally. If the signatures of the parties in the contract is delivered, cancellations can be made only by mutual consent. For example, if an employee changed his mind, and not the employer, the dismissal will be lawful.
Useful advice
If the employment contract you had to sign the separation agreement without a date (this way some employers insure themselves from mistakes of the personnel), it is illegal. In the case of dismissal can be challenged in court, after a simple examination. After the obligatory condition - the supplementary agreement, both parties must sign personally and at the same time.

Advice 2: How to write a resignation letter without working out

The labour code of the Russian Federation allows the employee to resign at any time, but with the obligatory prior notification of the employer. The deadline for compliance, according to article 80 of the Labour code, is fourteen days. However, it is possible to leave by agreement of the parties and without working. This possibility is stipulated by law. Having valid reasons for such dismissal, remain right to make a statement.
How to write a resignation letter without working out
You will need
  • - a sheet of paper;
  • - handle.
Write a statement on a standard sheet of A4 paper with his own hand. This is an important point, which is often required to comply with employers, as it facilitates identification of handwriting in case of dispute. Top right corner is traditionally filled with details of recipient and sender. Since a resignation letter is always written on the name of the first head, write it here title, company name, name, name and patronymic format. Next, specify the name of the structural unit of the organization in which you work (branch, division, etc.), your position, surname, name, patronymic (in the format of "one."
In the center of the sheet write the name of the document "Statement". A substantial part begin with the phrase "Please fire me", specify the feature for the dismissal at own will "without working". Let the cause, which must be sufficiently thorough to ensure that the leadership went in the opposite direction and agreed to fire you, and not according to accepted rules. The law lists a number of these reasons (retirement, relocation, admission to UNIVERSITY, etc.), but the full list does not exist, so try to find a good enough reason.
In conclusion check the date of the application, sign and decrypt signature in brackets (surname and initials). If the reason you specified, seems not respectful and visa of the head will contain a requirement about working out instead of two weeks, the date of compilation of the statement will be a reference point for the specified term. But there are some features. Don't forget to endorse the statement with the Secretary as the incoming document, as the countdown will begin from the date of notification of the desire to resign.
Useful advice
Remember that in some cases the employer will not be able to meet you because you may have nobody to replace urgently, and may deny the dismissal without working. This is especially the case for dismissal on grounds not mentioned in the Labour code. So still try to advance, at least verbally, to warn them about your intentions of the supervisor. In this case, you before find a replacement and will not retain the workforce needed.
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