They do not sign the resignation letter. What to do if they don’t sign the resignation letter? What to do if you are forced to resign voluntarily

According to Russian legislation, forced labor is prohibited in our country. Every citizen has the right to work where he wants, to quit at his own discretion and move to another place of work. If an employee wants to quit, but the employer refuses to let him go, then he is breaking the law, actually forcing the employee to work forcibly.

To avoid getting into such a situation, you need to know how to correctly draw up documents for dismissal at your own request, whether the employer has the right to refuse to dismiss an employee, and what to do if a conflict arises on this basis between the employee and the company management.

In Art. 80 of the Labor Code of the Russian Federation, every employee at any time has the right to quit his job on his own initiative. To do this, he must write a corresponding application and submit it to the personnel department of the enterprise. The HR department reviews the application and begins preparations for dismissal.

By law, an employee cannot leave work immediately after submitting an application. He is obliged to work for a certain period of time established by the Labor Code of the Russian Federation. This period is two weeks.

On the last working day, the company’s management signs an order to dismiss the employee and issues him work book and pays the monetary compensation due by law.

How to write a resignation letter correctly?

The law obliges employees to give advance notice of their voluntary resignation. Therefore, you should be careful when drafting your application.

The document is completed in simple written form indicating:

• Name of organization
• Positions, full name of the head
• Grounds for dismissal
• Contract termination dates
• Document submission dates
• Employee signatures

Does the employer have the right not to sign the application?

After receiving an application from the employee, the manager puts his resolution. This practice is based on office rules. It happens that a director refuses to fire an employee. Therefore, he does not sign a document for the employee to continue working in the company.

There is no need to be afraid of this, since the law does not impose the responsibility on the manager to approve the employee’s application. Even if the employer does not sign the application, he does not have the right to force a citizen to engage in forced labor.

Refusal to affix a resolution does not equate to refusal to dismiss. An employee is not required to ask permission to change his place of employment.

There are categories of citizens whom the employer does not have the right to detain. They can resign without working within a period that they themselves determine. Such dismissal is associated with the inability to remain at work due to retirement, entering a university, or moving to another city.

Refusal to dismiss on your own: is it legal?

Legislation prohibits forced labor. Therefore, no one has the right to refuse to terminate an employment contract at the initiative of an employee. To the question: can an employer refuse to dismiss at his own request, the law ultimately answers no.

The administration may refuse dismissal on the day the application is submitted, since current regulations provide for the obligation to terminate the contract with the employee two weeks after he notifies management about this. You can leave immediately only if the person leaving is able to conclude an agreement with the administration.

No one has the right to refuse dismissal. If this rule is violated, the employer may be held accountable.

However, it is important to consider that in order to confirm the employer’s notification of his desire, the employee must submit a resignation letter in writing.

Attention! If you simply inform management about your desire, then CEO may say that the employee did not write a statement and refuse to dismiss him at the desired time.

Therefore, when managers do not want to dismiss at will, the role of a written statement is of paramount importance. It is also important to record the fact that this document was received at the enterprise. To do this, you can use the appropriate methods of delivering the application.

Dismissal procedure:

An employee who decides to resign must submit a resignation letter. It will subsequently be considered the basis for issuing an order to terminate the employment contract. After this, this document must be handed over to management. The rules apply to all cases of labor relations, including when the employee has a civil service or a part-time working week.

If they don't sign the application

The received application is transferred to the director so that he can make a final decision on the issue of dismissal. At the same time, it is important to know what to do if they do not sign the resignation letter on their own.

If the employee knows in advance that management will object to this event, he needs to draw up a statement in two copies and upon delivery, he must receive a note on the incoming one on his copy. Once this is done, the person resigning must wait two weeks, after which the contract with him will be considered terminated.

Attention! This is due to the fact that the employee has fully complied with the conditions stipulated by labor law, and even if the company management does not agree with this, after a set time he will be considered dismissed.

If the secretary refuses to accept the application

A person leaving may face a situation where they refuse to accept his application, be it a secretary, a human resources specialist or another official of the company.

In this case, he needs to send the completed application to the company’s management using a postal letter with acknowledgment of receipt and a list of the attachments.

As soon as the postal worker delivers the letter with the application to the recipient, he will mark the date of delivery on the notification. It is from this time that you can begin to count down the warning time established by law.

Important! Many quitters try to submit their application via email. However, this method can be used if the employee has an electronic digital signature. Without it, the employer will not be able to identify the sender according to all the rules, so this letter will not be considered.

Do not sign the dismissal order

An employee may be faced with a situation where the employer does not fire him of his own free will, refusing to sign an order to terminate the employment contract.

The dismissal will be considered valid even if the director does not sign the dismissal order. However, the employee may have problems obtaining paychecks, work books and other documents required by the regulations. Since for all this, a dismissal order is necessary. Then the employee should apply for restoration of his rights to the labor inspectorate or to the court.

If he can prove that a statement was drawn up and submitted to management, then the competent authorities will take his side and help him solve the problem that has arisen.

They don’t give me documents: what to do?

Another problem that resigning employees face is the refusal of the company administration to hand over all documents on the day of dismissal. This often happens if an employee does not submit a fully completed bypass sheet.

It is important to remember that this obligation is assigned to the employer by labor law. Therefore, the employee must comply with it by force of law. When it is ignored, it is considered an offense for which the company can be brought to various types of liability.

Attention! In this situation, it is important to know who to contact to protect your rights. Such competent authorities are primarily the labor inspectorate and the prosecutor's office.

What to do if management refuses to fire?

In order to resign, you must follow the procedure established by the Labor Code of the Russian Federation.

Employer warning (step 1)

Before dismissal, the employee warns the employer in writing. It is recommended to submit documentation in person. It should be registered with the employee responsible for receiving incoming correspondence. He puts down the date of receipt of the paper, the stamp of the organization and his signature.

If the organization does not have a secretary, the application is submitted to the personnel department. The department employee is also required to register the document and put an incoming stamp. It is recommended to make a copy of the paper so that you have proof of the employer's warning.

If the employer refuses to accept the documentation, it must be sent by registered mail with notification. It is necessary to make an inventory of investments. A dated receipt stamp and the signature of the responsible company officer will be considered proper notice.

Practice (step 2)

If the boss does not sign the application, the two-week work period is not cancelled. The employee will need to perform his job duties during this period in order not to receive disciplinary action for absenteeism.

Applying for a work book and payment (step 3)

On the day of dismissal, the citizen applies to the personnel department for a work book. The personnel employee is obliged to familiarize him with the dismissal order. The accounting department must list the full calculation.

If the manager has not signed the order, this does not oblige the employee to remain at work. The employer's actions are regarded as a violation of labor laws.

Before seeking protection of your rights, it is recommended to submit a written request to the employer. The document must include the following information:

• Company name
• Position, full name of the manager
• Please provide a copy of the dismissal order, issue a work book and transfer wages with other payments
• Date and signature

The document must be registered in the office. You should keep a copy for yourself. In case of refusal, the citizen will have evidence of the employer’s illegal actions.

Where to file a complaint?

If an employer refuses to let an employee go, he can apply to the labor inspectorate, prosecutor's office or court to protect his rights.

How to write an application to the labor inspectorate?

The complaint to the labor inspectorate must be filled out in free form. The document form has not been approved.

It must contain the following mandatory information:

• Name of government agency
• Applicant's name, address
• Employer information
• The essence of the complaint
• Links to legal provisions
• Date and signature

A copy of the resignation letter and a written request for documents must be attached to the complaint.

The Labor Inspectorate is conducting an inspection. If there are violations, the employer is issued an order to eliminate the violations. He will also have to pay a fine based on Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

How to submit documents to the prosecutor's office?

A citizen has the right to contact the prosecutor’s office with a similar complaint. If during the inspection the fact of illegal actions is established, the manager will be held accountable. In case of non-payment wages over three months, a case will be initiated under Article 145.1 of the Criminal Code of the Russian Federation.

How to protect your rights through court?

Most reliable way to protect your rights – file a lawsuit. It is drawn up according to the rules of Articles 131-132 of the Code of Civil Procedure of the Russian Federation.

The claim states:

• Name of the court
• Information about the plaintiff and defendant
• What are the violations on the part of the employer?
• What legal provisions have been violated?
• List of evidence
• Date and signature

Documents are submitted to the district court or magistrate at the location of the defendant. District courts consider disputes with a claim amount of 50,000 rubles or more. The remaining disputes are considered by magistrates.

The dispute is resolved within one to two months. Both parties are invited to the meeting. As a result, a decision is made that must be executed by the employer.

Thus, if a citizen decides to leave of his own free will, the employer does not have the right to refuse him. He is obliged to issue a dismissal order, issue a work book and make a full payment. If he refuses to sign the application, this does not equate to a refusal to terminate the employment contract.

An employer does not have the right to force an employee to engage in forced labor. Such actions are regarded as a violation of the Labor Code of the Russian Federation.

An employee has the right to apply to the labor inspectorate, prosecutor's office or court to protect his rights.

When does a manager have the right to refuse?

The employee has the right to express his desire to resign at any time. However, in this case, he is obliged to notify his employer of the decision made - for this he draws up and submits a letter of resignation. The administration does not have the right to refuse dismissal if the document is drawn up correctly and contains all the required details.

It must be remembered that labor Relations between the parties are voluntary. Forced labor is prohibited in Russia. Therefore, the employer, in principle, under no circumstances can refuse an employee’s desire to resign.

The main requirement for the employee in this situation is to submit a written application no later than 2 weeks before the desired termination of the employment agreement. This period is established in the Labor Code of the Russian Federation, therefore the administration has the right to refuse immediate dismissal and require them to work for this period of time.

At the same time, the law specifies cases when working off is not required. However, to use this opportunity, you must have supporting documents.

The boss does not have the right to refuse dismissal even if a student agreement has been concluded between the parties. However, this agreement may provide for compensation to the enterprise Money, which were spent on training the employee, if the employee does not work for a certain period of time after studying.

Attention! If the employee is on vacation or sick leave at the time of writing the application, this also does not deprive him of the right to complete the application. The working time begins to count from the next day, regardless of whether the employee is at his place or on vacation. Therefore, in this situation, the administration does not have the right to issue a refusal.

Is it possible to quit without the consent of your superiors?

Forced labor is prohibited in the country. Therefore, in essence, with any type of dismissal, the director’s consent may not be required - the employee is only obliged to notify the administration about his departure in advance.

But the law establishes several situations in which it is not necessary to work out the mandatory period provided for such a case. In fact, this means dismissal immediately upon filing an application.

However, in order to take advantage of this privilege, it is necessary to attach supporting documents to the application:

• The employee's spouse is transferred to a new place of work in another city or country. A copy of the summons certificate must be attached to the application.
• The employee is admitted to higher education educational institution for full-time care. You must provide a copy of the enrollment order
• The employee has reached retirement age and is entering retirement for the first time. This privilege can only be used once. If a pensioner gets a job and then decides to quit again, he will have to work for 2 weeks
• The company administration violates established working conditions - for example, delays the payment of wages

What are the consequences of violating an employee’s rights to an employer?

The law does not contain liability for such a violation as the manager’s failure to sign the employee’s resignation letter. But this act falls under the following offenses. Thus, Article 5.27 of the Code of Administrative Offenses establishes liability for violation of labor laws.

It provides the following responsibilities:

• Fine for an official 1-5 thousand rubles
• Fine for individual entrepreneurs - from 1 to 5 thousand rubles or suspension of activities for a period of up to 90 days
• Fine for organization - from 30 to 50 thousand rubles or suspension of activities for a period of up to 90 days

If a person who has previously been punished for a similar act is subject to a fine, then he may be subject to disqualification from 1 to 3 years.

Attention! Since upon dismissal the employee must be paid wages for days worked, compensation and other sums of money, their failure to issue them may fall under Article 145.1 of the Criminal Code of the Russian Federation.

In this case, the director may bear the following liability:

• Fine in the amount of up to 500 thousand rubles;
• Fine in the amount of earnings for a period of up to 3 years;
• Deprivation of the right to hold a position or conduct activities for a period of up to 5 years;
• Carrying out forced labor for a period of up to 3 years;
• Imprisonment for up to 5 years.

It happens that for some reason an employee needs to resign on his own initiative. Any employee has the right to this - Russian legislation prohibits forced labor. To do this, the employee must notify the employer with an application two weeks before the planned last day work. But what to do if the boss refuses to sign the resignation letter, does not accept it, or worse, threatens to kick the employee out, leaving an unpleasant entry in the work book? This article will tell you what to do in situations where the manager prevents dismissal.

Refusal to sign the application

The reasons why employers do not sign resignation letters vary. Often the boss simply does not want to look for a replacement. He is satisfied with the work of the current employee, but the new one will have to be trained. In addition, searching for it may take more than two weeks. Another reason why perhaps the boss does not sign the letter of resignation is the large amount of work left with the employee, which clearly cannot be completed in two weeks. There may also be other personal motives.

If the boss does not sign the resignation letter, it must be written in two copies. One should be handed over to the organization, and on the other you should be asked to put a mark - the incoming number, date of delivery, position, full name and signature of the accepting employee. You should keep this copy for yourself. After two weeks you can leave it workplace, requesting documents and payment.

Refusal to accept an application

It happens that the boss does not want to sign the resignation letter so much that he prohibits the secretary from accepting documents from a particular employee. In such a situation, you also need to write an application in two copies and keep one of them, but the second one must be sent by mail to the organization’s address. The document must be sent by registered or certified mail, certainly with acknowledgment of delivery and preferably with a list of the contents - if any trial, it will confirm that the envelope contained precisely a letter of resignation, and not something else. A representative of the organization must sign for receipt of such a letter. When attaching any documents to the application, you must keep in mind that they will remain at the disposal of the employer.

When determining the desired date of dismissal, you need to take into account that the letter will be in the mail for several days, and two weeks of work begins only after the employer is expected to familiarize himself with the application. Otherwise, he has the right to return the letter, citing a violation of deadlines.

Termination of work

After the date specified in the application, you can stop working and send a written statement to the employer about this with a demand to pay the funds due and hand over the documents. It is better to make two copies: hand one over to the employer’s representative, and ask the other to put a mark of acceptance and save it. If this is refused, you should send him an application in the same way as in the cases analyzed by registered or certified mail with acknowledgment of receipt and a list of the contents.

Dismissal during vacation

An employee may decide to quit while on vacation. Many managers are outraged by such actions, and they do not sign a letter of resignation. What to do in such a situation? You need to act according to the plan already described earlier. If there are less than 14 days left from the moment the management gets acquainted with the application until the end of the vacation, then the employee is obliged to complete the missing days after it. In other cases, the employee cannot be required to return to work after the end of the vacation.

Dismissal while on sick leave

You can also write a letter of resignation during a period of temporary incapacity. If the boss does not sign the resignation letter submitted at this time, he commits a violation. Sometimes the expected date of dismissal falls during sick leave. It is on this day that the accounting department makes the calculations, the manager draws up a dismissal order, indicating in it that it is impossible for the employee to familiarize himself with the paper due to his absence at the workplace.

The employee can receive his documents in person or by mail - at his choice, and the payment must be made as soon as possible after the employee requests it, maximum - the next day. Temporary disability benefits will be assigned within ten days from the date of submission of sick leave. He will receive it on the next payday.

Threats

Often, in addition to the fact that the boss does not sign the resignation letter, he also begins to threaten the employee. As a rule, these threats are associated with the dismissal of an employee for any reason that may harm his reputation - for failure to comply with discipline, shortcomings in work or negligence.

Even if such violations occurred, dismissal under the relevant article is possible only within 90 days from the moment they were recorded. Dismissal that occurs after this period can be challenged in court. If the decision is positive, the employer will have to correct the entry in the work book and compensate for moral damages.

Terms of dismissal at your own request.

In the usual case, the employee must notify the manager of the planned dismissal at least two weeks in advance. The working period begins on the day following the day the employer familiarizes himself with the application. However, the law provides exceptions to this rule. So, an employee who is on probationary period, is obliged to notify management of the planned dismissal in just three days, but the head of the organization can resign only a month after submitting the application.

Article 80 of the Labor Code of the Russian Federation lists the reasons why a company does not have the right not to dismiss an employee within the period specified in the application. Here are some of them:

• impossibility for an employee to continue working (admission to educational organization, retirement, etc.);
• violation by the organization of labor legislation, agreements, contracts, etc.
• the need to care for a child under 14 years of age.

Resolving disagreements

If the resignation letter is not signed, and the employee’s request to let him go is received with hostility, there is no need to escalate the conflict and cause a scandal. This may entail the application of sanctions for disrespect for management and other unpleasant consequences. It is also better to refrain from demonstrating passive aggression: for example, immediate departure without work will be considered a disciplinary violation, and the manager will have an excellent reason to fire the employee under the article.

To prevent a labor dispute, you can contact:

• to the state labor inspectorate;
• to a city, district or special prosecutor;
• to a trade union organization.

If a labor dispute arises, you can send an appeal to:

• to the labor dispute commission (if the employer refuses to issue documents);
• to the district or city court at the location of the defendant or at the place of residence of the plaintiff (within three months).

If the employer refuses to return his documents to the employee, the organization may be required to pay him compensation in the amount of average monthly income for preventing further employment.

As can be seen from all of the above, if the boss does not sign the resignation letter, this does not in any way prevent the employee from leaving the workplace legally. After all, the law does not provide for the need to obtain the employer’s consent. However, defending your rights may require a lot of effort and time.

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, and the period begins to run the next day after the employer receives the resignation letter. The employee’s right to terminate the contract is not subject to any conditions: his or her application alone is sufficient for dismissal.

Regarding the two-week period, the following points should also be noted::

1. If the employee manages to reach an agreement with the employer, then this period can be reduced, and the employee can leave the position as early as the next day.
2. In addition, in cases where the employee’s application is due to the fact that he cannot continue working in this place: pension, admission to a university, etc., or if the employer has violated labor legislation (and this is confirmed by a court decision), then the employee also has the right to reduce the two-week period to any desired one, and compliance with this period is mandatory for the employer. This is also reflected in Article 80 Labor Code RF.

We discussed all the nuances of when 2 weeks of work will be required when an employee resigns at his own request and in which cases it can be avoided.

Important! Before the expiration of the notice period for dismissal, the employee may, but only if another employee is not invited in writing to take his place by way of transfer.

Can a manager refuse?

The most important question that an employee has is: can he be denied dismissal of his own free will? The answer to this question is an absolute no. Under no circumstances may an employee be denied dismissal on his own initiative, if he has sent the appropriate notice.

Since the termination of an employment contract is carried out by the unilateral expression of the will of the employee, there are simply no legal ways to refuse to dismiss an employee.

However, to prevent an employee from resigning, the manager can use various tricks and create difficulties for the employee.

What to do if they don’t sign the application?

For example, which is quite common in practice, when an employer does not want to sign a letter of resignation from work. In fact, this means that he refuses to receive it, which means the two-week period will not begin to flow. What if the employer ignores the employee’s request in this way?

Important: The resignation letter is drawn up in two copies, one of which will remain with the employer with marks on the date of receipt.

If the employer refuses to accept the resignation letter, it is recommended to send a copy of the resignation letter to the employer by registered mail with notification and a list of attachments to the legal address of the company specified in unified register legal entities(this will serve as evidence if the case goes to court).

When documents are not handed over

The second common violation is the refusal to issue work documents upon dismissal. Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, he must be given a work book, as well as other documents related to the work, upon the employee’s written application and deal with him (we talked about how the employer should carry out the dismissal procedure at the initiative of the employee, and in you will read about list of documents that must be handed over to the resigned employee).

How to enter in this case? You should also send the employer a request to issue a work book and certified copies of work documents by registered mail with notification and a list of attachments.

The company must respond to a request to issue a work book within 3 days. At the same time, it will not be possible to force the employer to issue documents in any legal way without contacting the competent government authorities.

Ways to protect employee rights

If the employer does not meet, does not sign the application and does not fire the employee, then the employee has two main ways to protect his rights: contacting the labor inspectorate and going to court. How to do it?

Labor Inspectorate

The fastest way to solve the problem is to contact the labor inspectorate of the relevant region.

When filing a complaint, you must indicate:

1. Name of the state inspection where it is submitted.
2. Organization details, full name and the position of manager.
3. Full name, passport details and address and contact telephone number of the applicant.
4. Next comes the heading “Complaint”. In the text of the complaint itself, it is necessary to set out the actual circumstances of the dismissal, indicate the violations committed, in the opinion of the applicant, with references to regulations.

All documents available in the case are attached to the complaint: an application for dismissal with a mark (or postal receipt), a request for the issuance of documents, etc. To conduct an inspection and make a decision, the labor inspectorate is given a month from the date of receipt, after which it makes a decision and notifies the applicant.

If violations of labor legislation requirements are detected in relation to an employee or the team as a whole, an authorized inspector issues an order indicating the need to eliminate the violations within a specified time frame.

The employer must eliminate the violations within the period specified in the order. Failure to comply with the requirements of the order will entail a fine of up to two thousand rubles for the manager or disqualification of up to three years, as well as a fine for the organization in the amount of ten to twenty thousand rubles (Article 19.5 of the Administrative Code).

Judicial authorities

An employee also has the right to seek protection of violated rights in court, bypassing the labor inspectorate.

Important! An employee has the right to go to court to resolve an individual labor dispute within three months from the day he learned or should have learned about a violation of his rights.

The claim is filed with the district court at the employee’s place of residence or at the place where work duties are performed (as specified in the employment contract). The claim should require payments to be made according to the final settlement, the issuance of a work book and certified copies of documents related to work (if necessary), and the decision to indicate the exact wording and basis for dismissal with reference to the relevant article of the Labor Code. Besides, the employee has the right to demand compensation for moral damage.

The statement of claim states:

Download the complaint form to the labor inspectorate if you do not sign the resignation letter of your own free will

The statement of claim shall be accompanied by the documents available to the plaintiff regarding the case, confirming the arguments of the claim, as well as copies of these documents and the statement of claim (to be sent to the defendant). The statement of claim must be considered within two months from the date of filing the claim. In fact, this deadline is rarely observed and the consideration of the case can take up to six months or more.

The consideration of the case ends with a decision, the execution of which is mandatory for the employer. The decision comes into force after 30 days from the date of its issuance and can be appealed to the court appellate court. If the decision is not appealed, then it must be executed immediately after entering into legal force.

By a court decision, the employer is obliged to make a record of dismissal in the work book (on the basis specified in the decision), as well as to make a settlement with the employee, give him a work book and copies of documents, and compensation for moral damages.

Ignoring the requirements specified in the court decision is fraught with the imposition of an enforcement fee by the bailiff, as well as administrative liability under Article 17.15 of the Code of Administrative Offenses (for a manager - from ten thousand to twenty thousand rubles and for an organization - from thirty thousand to fifty thousand rubles).

Consequences of unlawful actions of the employer

Also, the refusal itself threatens the employer with the imposition of an administrative fine in accordance with Art. 5.27 of the Administrative Code (for an organization - from thirty thousand to fifty thousand rubles, and from one thousand to five thousand rubles - for a manager).

As we see, The consequences of refusal to dismiss for an employer can be very sad. In most cases, management will not enter into a conflict if they see that the employee knows his rights and possible ways their protection.

Video on the topic

We suggest watching a video about what to do if you don’t sign a letter of resignation:

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The Labor Code of the Russian Federation establishes the right of every person to work, as well as the prohibition of forced labor. If the employer does not sign the resignation letter, this can be regarded as an attempt to force the employee into forced labor. After all, in fact, by writing a letter of resignation, the employee had already expressed his reluctance to further cooperate with the company. Therefore, retaining such an employee is pointless and is fraught with sanctions. No one can in any way be forced to work where he does not want to.

The employer does not sign the resignation letter

So, the employee comes to his employer to inform him that he is going to resign, along with a statement. But he is faced with the following problem - the employer completely refuses to accept and sign this application. He also threatened the employee that he would leave not of his own free will, but because of the article. Let's consider whether such actions of the director are legal.

Most often, by acting in the manner described above, the employer tries to force the employee to complete the work that will remain unfulfilled after his dismissal, or to manipulate a financially responsible employee, or an employee employed in a responsible position. After all, finding key specialists in the shortest possible time is not an easy task, and two weeks is a negligibly short period of time to find valuable personnel. So it turns out that the employee leaves, but unfulfilled tasks remain. Of course, this is not an excuse for the director’s refusal to fire an employee, but, as a rule, there is always a chance to reach an agreement.

If an employee is with management, as they say, “at knifepoint,” then he wants to leave such an enterprise as quickly as possible, especially if there is already a suitable place where he can go. Accordingly, if a resignation letter is not signed, this may prevent the employee from moving to a new employer, but only partially. And that's why.

By law, an employee is not required to ask his employer for permission to quit. Article 80 of the Labor Code of the Russian Federation gives an employee the right to resign at his own request, regardless of his position, relationship with management, obligations to the company, etc. There is only one obligation left - to give notice of your intention to quit two weeks in advance. Therefore, having duly notified his boss of his desire to terminate his employment relationship with the company, after two weeks, the employee has the right not to go to work and demand payment, along with the issuance of a work book.

What to do if they refuse to sign a letter of resignation at the enterprise

In any situation, you can always justify each side of the dispute if you stand in its place. For example, it is very unpleasant for an employer who accepted young specialist, raised him to become a professional, and he, having gained experience and connections, moves to a competing company. The manager's indignation here is completely justified. But the employee’s desire to grow and develop outside the walls of his native enterprise is also justified. After all, everyone is given the right to independently, guided by free will, choose their place of work.

Whatever the mental or material motives of the employer, he does not have the right to forcibly keep an employee in his previous place. Moreover, the law prohibits him from doing this, as well as from not handing over the work certificate, or delaying the final payment to an employee who has decided to quit. From a legal point of view, the employee is right in this situation, but the employer is breaking the law.

An employee who wants to leave the company, but they refuse to fire him, needs to write a letter of resignation. And, although there is no unified form for such an application, the rules for drawing up documentation must be followed. In addition, it is necessary to indicate the date from which the employee should be dismissed. Thus, the date on this statement will be considered the employee’s last working day. After this day, he may not go to work.

But what to do if the employer does not sign the resignation letter?

1. Bring a written resignation letter to the employer or his secretary;
2. If the employer does not endorse the application with his signature (which the law does not oblige him to do), the employee can submit the letter through the office of the enterprise, where the clerk or secretary must put a mark about the incoming letter on the second copy of the application, which must remain with the employee;
3. If the company does not have an office, or they refused to put a mark, you should go to the post office and send the application from there;
4. By mail, the letter must be sent to the address of the enterprise in the name of the employer in a valuable letter, with a mandatory list of attachments, as well as with a notification that this letter has been delivered;
5. Wait two weeks from the moment the company receives the letter, and then request payment and issuance of a work book.

In practice, employees forget to request the signature of the responsible person on receipt of the application, or they send the application by simple letter. This mistake can prevent the employee from defending his case if the case goes to court. From the moment the employer or authorized employee signs to receive the application from the employee, he is considered to have been duly notified of the employee’s intention to resign.

The same applies to the mark on the notification of receipt of a valuable letter. The inventory serves as proof that this particular resignation letter was sent to the address of the enterprise, and a note on receipt of the letter confirms the fact that this application was received by the employer.

What to do if they don’t sign the resignation letter, threatening to fire you under the article?

This threat is groundless, unless, of course, the employee has discredited himself at the enterprise and has not received disciplinary sanctions. Of course, an employee who skipped work, violated labor discipline and received a reprimand for this risks being fired under the article, but only within certain periods established by labor legislation. Most often, no more than three months from the moment the fact of the offense was established. If this period has passed and the employer has not applied a penalty, the employee can resign of his own free will, without the risk of tarnishing his work record with an article on the initiative of the employer.

But you still have to work the required two weeks after sending the application, in otherwise, the employer will be able to fire an employee for absenteeism.

If the employer does not sign the application for dismissal of an employee who is on vacation

An employee who is on vacation or sick leave still has the right to submit an application for his resignation by mailing a valuable letter with an inventory and notification. At the same time, such an employee will not have to complete the required days of the two-week period if it coincides with the days the employee is on vacation or sick leave.

Thus, the dismissal of an employee must occur after two weeks, regardless of the will of the employer. The company must issue a decree of dismissal, and settlements must be made with the employee and documents issued.

If an employer who is supposed to fire an employee, but for some reason does not do so, refuses to issue an order and send the employee a work book, you can complain about him to the labor inspectorate, or file a lawsuit. It is the direct responsibility of the employer to issue a work book filled out in accordance with all the requirements of the Instructions. And, if he does not do this, then he thereby prevents the quitter from finding another job. Therefore, through the court you can demand not only the issuance of a work permit, but also compensation.

Step-by-step instructions: what to do if you don’t sign a letter of resignation

1. If the manager refuses to accept the application, it must be sent by a valuable letter with an inventory and notification of delivery of the letter to the addressee;
2. Wait two weeks from the moment the employer receives the letter, after which you will come for payment and labor;
3. If the employer refuses to issue a calculation and labor report, it is worth filing a complaint with the labor inspectorate, which will send the relevant instructions to the organization;
4. A person resigning has the right to go to court if there is a delay in payments and a refusal to issue a work certificate.

Most often, the case rarely comes to court, because when an employee contacts the inspectorate, the employer already risks being disqualified. And if the quitter goes to court, then he risks incurring certain monetary losses.

An employment contract can be terminated on the initiative (at his own request) of the employee. By general rule in this case, the employee must notify the employer in writing no later than two weeks in advance. This period begins the next day after the employer receives the employee’s resignation letter (clause 3, part 1, article 77, part 1, article 80 of the Labor Code of the Russian Federation).

For certain categories of employees, other periods for warning the employer about dismissal are provided: longer (for example, for the heads of the organization, athletes, coaches) or shorter (for example, for employees who have entered into an employment contract for a period of up to two months, in case of its early termination) (Article 280, part 1 of article 292, part 1 of article 348.12 of the Labor Code of the Russian Federation).

If your resignation letter is rejected when contacting a representative of the employer (immediate supervisor, head of the HR department, director of the organization, etc.), we recommend that you follow the following algorithm.

Step 1. Send your resignation letter to the department responsible for incoming and outgoing correspondence in the organization

Although obtaining any visa or signature on the resignation letter is not mandatory, to obtain evidence that the employer has notified the employer of your dismissal within the prescribed period, we recommend:

• register the application in the office of the organization (secretariat, other structural unit or with the person responsible for registering incoming and outgoing correspondence), make a copy of it and ask the employee receiving the correspondence to put the date and number assigned to the application, as well as his full name. O., position and signature;
• send the application by registered mail (or declared value) with acknowledgment of receipt. In this case, you will receive a receipt for the shipment, as well as a notification about who and when it was delivered (clause “b”, clause 10 of the Rules, approved by Order of the Ministry of Telecom and Mass Communications of Russia dated July 31, 2014 N 234);
• send a telegram to the employer with the text of the application. We recommend using such types of telegrams as “with notification of delivery by telegraph”, “with notification of delivery by telegraph “urgent””, “with delivery within the time specified by the sender” (clause 25 of the Rules, approved by Decree of the Government of the Russian Federation of April 15, 2005 N 222).

Step 2: Continue working until your termination date.

From the moment you submit your resignation letter until the date of dismissal (expiration of the employer's warning period), unless an agreement on dismissal has been reached with the employer, you are obliged to fully perform your job duties and avoid violations of labor discipline.

Once your notice period has expired, you have the right to stop working. On the last day of work, the employer is obliged to issue you a work book and other documents related to the work (upon a written application) and make a final payment to you (Part 5 of Article 80 of the Labor Code of the Russian Federation).

Step 3. Appeal the actions (inaction) of an employer who does not comply with the established dismissal procedure

If the employer refuses to issue you a work book on the last day of work and make the final payment, you have the right to file an application (complaint) with the organization's trade union, the state labor inspectorate, the prosecutor's office or the court (Article 352, Part 1 of Article 353, Part 1 of Article 354 of the Labor Code of the Russian Federation; Article 10 of the Law of January 17, 1992 N 2202-1).

Note!

When going to court with claims arising from labor relations, employees are exempt from paying state fees and court costs (