Current legislation allows an employee to terminate an employment contract with an organization of his own free will. You must notify the head of the company about your decision in advance. To do this, an application for dismissal may be sent to email. Judicial practice shows that remote dismissal can lead to serious consequences for each of the parties due to the fact that numerous nuances were not taken into account.
Is it possible
Current legislation, in particular Part 2 of Article 80 of the Labor Code of Russia, obliges the employee to notify the head of the organization in advance of his desire to terminate cooperation. To do this, a resignation letter is drawn up, in which the employee must make a request to terminate the previously concluded contract. This must be done 2 weeks before the desired date of dismissal.
According to the law, the employee chooses how to send the application. This right was approved by Rostrud letter No. 1551-6. The best option There will be a personal transfer of the document to the HR department, since this method guarantees full compliance with the dismissal deadlines. However, there are situations when a citizen cannot be personally present at the organization to submit an application, for example, because he is on vacation, on sick leave or for other valid reasons. In such situations, the employee can submit an application remotely.
The question immediately arises: is it possible to send an application by e-mail? At the legislative level, it was established that an application sent electronically has equal legal force with a document submitted on paper. This right is provided for by Federal Law No. 63. The main requirement is the presence of a digital signature certified by a notary.
Important to know! If the employee initially made a statement in writing and certified it with his signature, and then scanned it and sent it by email, then in such a situation the dismissal will be unlawful. In order for termination of cooperation to be completely legal, the employee must provide the manager with the original application as soon as possible.
How to make an application
The application must be made in Microsoft document World in doc format. There is no single template established at the legislative level, which allows the employee to draw it up in any form. In this case, the following information must be reflected in the document:
- exact name of the organization;
- position and full name of the person in whose name the document is drawn up. Usually the director of the organization is indicated;
- structural unit, position and full name of the applicant;
- document name – “Application”;
- the employee’s request to terminate the employment relationship at his request. In this paragraph, the employee can indicate the desired date of dismissal. In addition, if an employee has valid reasons for not undergoing training, he can inform the manager about this. For example, “I ask you to dismiss me voluntarily on August 14, 2020, without working time due to the need to care for a child.”
Important to know! If an employee knows that he will not be able to personally attend the dismissal, then he can express a request in a statement to send all documents by mail. In such a situation, the employer must send the work book and other documents by mail on the last day using registered mail with acknowledgment of receipt.
At the end of the document there must be a date of its preparation, as well as a digital, notarized signature of the employee, without which the application has no legal force.
Before sending a document, the employee must make sure that the organization has an email address, and also find out the exact address for sending.
Important to know! During the entire two-week period, the employee has the right to withdraw the application. This can also be done by e-mail, by submitting another application requesting cancellation of the previous document. In this situation, a certified digital signature of the applicant is also required.
Date of dismissal
When submitting a resignation letter, the employee must comply with the deadlines provided for by law. So you must notify the director of the organization about your resignation at least 2 weeks before the date of dismissal. The countdown of this period begins from the next day after receiving the application from the employee and its registration. If you send a document by email, you can find out the date of its receipt in your incoming messages.
If there are valid reasons indicated, the period of service may be reduced.
Important! Any valid reason is supported by a document that is proof of the need to reduce or remove the working period.
Nuances
The main nuance is the correct preparation of the document. This applies to both the application and the evidence base that governs the good cause. Among the key features that workers miss when sending email are:
- all documents that are sent along with the application must also be electronically sealed or notarized;
- to send documents upon dismissal, you will need to indicate how the employer can do this, since by default all documentation, including labor documents, is handed out;
- You can also specify the method of payment, for example, specify the required account to which to transfer money.
All these points can greatly simplify the procedure. It is worth considering that by default, the main thing is to personally receive the documentation package and calculation on the last working day.
If an employee cannot personally appear at the HR department or use postal services, then the law provides for sending a resignation letter by email. Important points are the correct filling of all data, as well as the use of a digital signature. In case of any violations in filling out the document, the employer has the right not to accept such a document.
An employee can use different types of termination of employment with an employer. So, while on vacation or sick leave, an employee has the right to send a letter of resignation by mail. When choosing this method, it is important to understand what regulations govern the procedure, what the deadlines for dismissal and work off are, and also take into account the possibility of revoking the notice to continue working.
Regulatory framework
In the labor legislation of the Russian Federation there is no prohibition on terminating an employment relationship at one’s own request by sending a letter. On the contrary, regulations establish the procedure for terminating employment relations in a similar way.
So, in Art. 80 of the Labor Code of the Russian Federation says that the employee is obliged to notify management of his intention to resign in writing two weeks in advance. But there is no rule indicating that this must be done in person, that is, you can send a letter of resignation by mail.
In Art. 84.1 of the Labor Code of the Russian Federation indicated that after an application from an employee is received and a dismissal order is issued, it is imperative that the person resigning be familiarized with this document. But since an employee who decides to resign remotely may be absent from work on the last working day, this should be noted in the order.
After which the document is sent by mail to the employee.
According to the provisions of the same article, the employee must be given a work book at the time of dismissal. If it is not possible to do this within the time limits specified by law, the employee needs to be sent a notice that he needs to come for the book or that he must give permission to send the specified document by mail.
In what cases is it allowed
At the legislative level, there is no established list of circumstances under which the right to resign remotely appears. The decision on this method of ending cooperation is made in accordance with the agreement between the employee and management.
Production practice shows that the grounds for such termination of labor relations may be the following:
Thus, if the management of the organization has agreed, then you can resign by mail, indicating any valid reason.
But sometimes difficulties may arise, for example, persons with financial responsibility will have to visit workplace to transfer material assets.
Formatting and sending a notification
What the structure and content of the document should be is not specified in the legislation. But a properly executed application must include details such as:
All text can be handwritten or typed. If the second option is chosen, then it should be noted that the signature and its transcript must be filled out manually.
The easiest way is to send a fully completed application for resignation of your own free will by mail with notification of delivery to its addressee, and the sender will be given a receipt that confirms the sending of the letter and contains the date of its acceptance by the post office. It is best to send the document by registered mail, and you should also not neglect the preparation of an inventory of the attachment.
Dating of the document and period of processing
According to Art. 80 of the Labor Code of the Russian Federation, an employee who decides to quit must notify the employer at least two weeks in advance. Accordingly, it is important to determine when sending an application by mail what dismissal date to set.
Two weeks of work begins the next day after the employer receives the notice, and the date of receipt is considered the day on which the incoming document was registered. Thus, you should at least approximately calculate the day the letter was received by the addressee, add at least fourteen calendar days to it and indicate the resulting date in the application.
The work period begins the next day after the employer registers the letter. Before its end, the employee has the right to withdraw the notice, thereby refusing dismissal. And in this case it is impossible to fire him. Exceptions are situations in which, during the same period, another person is invited in writing to fill the position of the resigning person. According to labor laws, this person is prohibited from refusing employment.
If the date of dismissal is not indicated in the document, then the employment contract is terminated two weeks after the employer receives the document. If the date of dismissal marked, but:
- the application was received more than fourteen days before it, then the employee should be fired on the day designated by him;
- the document was received after the specified date, then the person cannot be fired on the day specified by him, since this is prohibited by the Labor Code of the Russian Federation.
The notice period established by law protects the rights of both the employer and the employee. It provides the employee with the opportunity to abandon the intention to terminate the employment relationship.
Possible problems
When sending a document by mail, you may encounter various problems. Thus, the letter may not reach the addressee or may be returned to the sender. In such situations, it is important to know what actions to take to protect your interests.
The shipment did not reach the employer
It happens that the letter does not reach the addressee. In this case, the employee will have to prove that the document was actually sent, and for this you need:
- send a registered letter with notification;
- fill out the investment inventory.
If the addressee refused to receive the shipment, then you should take a confirmation from the post office indicating this fact.
It will help confirm that the employer has been notified of the employee's intention to resign. This means that after the expiration of the notice period, the employee can consider himself dismissed. In addition, at the same time, the employer begins to bear responsibility for the untimely issuance of the work book and delay in payment.
In cases where the employee completed all the required procedures as needed, but the letter did not arrive, then the blame falls on the Federal State Unitary Enterprise Russian Post. Since the employer, on the employee’s last working day, must familiarize him with the dismissal order against his signature, hand over a work book, and also fully pay the resigning employee, the person has the right to stop working as soon as the notice period ends. Otherwise, the contract will be extended.
The letter was returned to the sender
When using the remote method to complete an employment relationship, you should keep in mind that sometimes letters are returned to the sender. This means that an application sent by mail can also be returned.
This usually happens for the following reasons:
- return upon shipment;
- an error by the employees of the post office that serves the addressee;
- conscious refusal by the employer to receive the letter.
If the document is returned, then the quitter needs to find out from the employer and postal operators the reasons for the return, and then try to resolve the issue with management in his favor. If the employer refuses to terminate the contract, it is necessary to send a notice by telegram or repeat the procedure for sending it by registered mail. If the employer refuses to receive the document, the delivery date will be stamped at the post office.
The countdown of the two-week period begins on the next day after the date of delivery of the letter. If, after the expiration of the notice period, the employer does not issue a work book and final payment, then they can be claimed through the court.
The employer did not receive a withdrawal of the application
During the service period, the employee can change his decision and send a letter to the manager withdrawing his resignation letter. Sometimes such a letter is late, that is, it arrives at the addressee after the order has been issued.
In such cases, the legality of the employee’s dismissal is determined based on the date of receipt of the letter of revocation.
If the manager receives a review after the warning period has expired, then the dismissal is considered legal. But to do this, the employer must have time to make the final payment, issue the employee a work book, as well as other necessary documents.
By carrying out all these procedures on time, the employer will be able to avoid the unpleasant situation in which the employee will have the opportunity to send a withdrawal of the application at the last moment. Thus, all risks arising from untimely receipt of feedback are borne by the person leaving.
Federal Law No. 63-FZ dated April 6, 2011 stipulates that electronic document having an electronic signature is equivalent to a document on paper. Thus, any employee who has a digital signature has the opportunity to resign via email. You can even use corporate email to terminate an employment contract.
If you choose any of these delivery methods, in order to legally submit your resignation letter, it must be properly completed, signed, and sent to email address employer. It must be remembered that the document without electronic signature employee will not be considered valid.
Before dismissing an employee based on an application received by mail, it is better to make sure that it was actually sent by this person. You can call the employee and find out whether he sent a letter notifying him of his dismissal. If this is not possible, then it is recommended to check the signature on the application and the signature of the person resigning on other documents. This procedure will avoid legal proceedings if it turns out that the person did not send the letters.
If the employee has indicated the end date of the employment relationship, the employer may agree with it or refuse to fire the person on the date specified by him.
If the date is not specified, then it is better to check with the employee when he would like to resign. Termination of an employment contract, in which the quitter specified the exact day of dismissal, but the employer did not agree with him and chose the day of dismissal, cannot be regarded as dismissal at the employee’s own request.
According to the legislation of the Russian Federation, each employee can submit an application to terminate the employment relationship at his own request, after which the employer is obliged to dismiss the employee within the established time frame. Sometimes the only method a person can use to notify an employer of their intention to resign is to send a letter. Subject to certain rules, the remote method of dismissal will be as legal as a person’s personal appeal to the employer.
I tracked the track of the letter online - it’s been a week since it arrived at the post office closest to the legal address, but they simply don’t come for it. Tell me what to do: I’ve already been expected at another job since July 20...
Lyudmila
Good afternoon.
It doesn't matter whether they get it or not. A notification will be returned to you - it will indicate the delivery time, even if the letter was not actually received (there will be a note about this in the notification).
“Labor Code of the Russian Federation” dated December 30, 2001 N 197-FZ (as amended on December 30, 2015) (as amended and supplemented, entered into force on July 1, 2016) Labor Code of the Russian Federation, Article 80. Termination of an employment contract on the initiative employee (at his own request)
An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.
By agreement between the employee and the employer, the employment contract can be terminated before the expiration of the notice period for dismissal.
In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.
Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract.
Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.
If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.
Sincerely,
Vasiliev Dmitry.
An employee has the opportunity to use various options for terminating an employment contract. One of them is that the subordinate is on vacation or sick. In this case, he sends a letter of resignation by mail. How to send a letter? How to actually set the day of dismissal correctly? There is always the option to revoke the notification and continue working.
What letter to send
Labor legislation has not defined a way to notify the employer of the desire to terminate the employment relationship. One option is to mail it to your employer with a handwritten signature. Dismissal by mail can be done in the following ways:
- Write the notification text by hand and send it by mail.
- Write a notification by email, verifying it with an electronic digital signature.
From what date should the terms of dismissal and service be calculated?
Part 1 of Article 80 of the Labor Code of the Russian Federation stipulates that an employee, when resigning, warns the employer at least two weeks in writing. In some cases, a different period is established. The two weeks begin to count the day after the employer receives the application. The day of receipt of such notification is the day of registration in incoming documents. The notification must begin to be processed on the day following registration. Before the end of the above period, the employee has the right at any time to abandon his intentions and withdraw the application. However, he cannot be fired. An exception is the case when another person is invited in writing to replace the person resigning, to whom labor legislation prohibits refusing employment. Upon expiration of the notice period, the employee has the right to stop working.
The specific day of dismissal is determined individually. If it is not indicated in the application, termination of the employment contract occurs 14 days after the employer receives the application, even if the document was sent a month ago. The notice period protects the rights of both the employer and the employee. It allows the employee to revoke the document. If the petition indicates the desired date of dismissal and:
- the notice was received earlier than two weeks before the date specified in it - the subordinate must be dismissed on the day designated by him. A subordinate has the right to inform about his departure for a period longer than 2 weeks. During the period from the date of receipt of the document to the date indicated in it, he may refuse the request for dismissal;
- the notification was received after two weeks from the specified date - the subordinate should not be dismissed on the day specified in the notification: the implementation of this procedure retroactively is not permitted by the Labor Code of the Russian Federation. You do not have the opportunity to part with your subordinate on the day on which you receive the application. This date is not the day of dismissal agreed upon by the employer and employee.
What to do if the employer has not received the letter
The notification was withdrawn by the employee, but the manager did not receive a letter about its withdrawal on the date of signing the order. Is the dismissal legal?
The date when the letter of revocation was received is decisive. If the employer fails to receive the notice before the end of the warning period, it is considered lawful. The employer needs to have time to make the final payment, hand over the work book and other required documents. Timely compliance with all the described procedures will protect the employer from a difficult situation in which the employee abuses his right and decides to send a letter withdrawing the notice on the last day. In this case, the risks arising from failure to receive a letter withdrawing the application are borne by the employee himself, and the dismissal is qualified as lawful.
What should the employee do if the employer does not receive his letter? If there is confirmation that a resignation letter was actually included in the letter (and an inventory of the attachment will help confirm this), the letter was sent by registered mail with notification, and there is a post office mark indicating that the addressee refused to receive the item - this is evidence that the employer was notified of the desire employee to resign properly. Upon expiration of the notice period, the employee has the right to consider himself dismissed. At this moment, the countdown of the employer’s responsibility for the delay in issuing the work book and the final payment begins.
If the employee complied with all the conditions for completing the application when sending it, there is a shipping receipt, but the post office has lost the letter, the blame for the loss lies with the Federal State Unitary Enterprise Russian Post.
Since the employer needs to carry out a number of actions on the last working day, namely: familiarize the employee with the order to terminate the contract against his signature, issue a work book, make the final payment - the absence of an order is not an obstacle to termination of work at the end of the notice period. If the employee is still working, the contract with him will be extended and the application will have to be written again.
According to current legislation, a resignation letter from an employee can be sent by mail to the employer. This procedure is provided for situations where the parties terminate the employment relationship due to a strong conflict, or when the employee cannot independently arrive to complete all the necessary papers. It is possible to resign by mail, but a strictly defined procedure must be followed so that the process of terminating the employment relationship does not violate legal norms.
Application form
As stated in the norms of the Labor Code, two main requirements are put forward for applications for dismissal from an employee. This:
- written form of the application (preferably by hand, but printed text on a computer is also acceptable);
- submission of the document at least 14 calendar days (including weekends and holidays) before the desired date of termination of the employment relationship.
As for the content of the document, the legislator does not propose specific wording. Instead of the application being accepted by the company’s management, you need to display a number of mandatory details:
- the name of the legal entity with the exact location address to whose name the application is sent;
- personal data of a company employee;
- name of the petition (application for dismissal);
- text (as short and clear as possible, without ambiguous phrases);
- personal signature and date of filling out the paper.
It must be remembered that, on a general basis, an employee will be dismissed only two weeks after the application is received by the administration of the enterprise. When a document is transferred personally through the office of the company, the recipient leaves a mark on the copy of the application with the date the application was sent to the employer.
Important! In cases where an application for dismissal is sent by mail, in the wording of the petition it is necessary to avoid indicating the specific day of termination of the agreement, since it is impossible to provide for the efficiency of the work of postal services. It must be stated that the request to terminate the contract is 15 days from the date of receipt of the paper.
Referral procedure
- in a regular envelope;
- by registered mail;
- valuable notice;
- by telegram;
- by email.
It is not advisable to send a resignation letter in an ordinary envelope. This is due to the fact that the sending of a regular envelope is not recorded anywhere, and it is impossible to prove that the employer received it. In addition, the contents of an ordinary envelope are known only to the sender, so the management of the enterprise, if they do not want to terminate the employment contract, can deny not only the fact of receipt of the document, but also the fact that there was a statement in the envelope.
A registered letter is a more reliable option for transmitting your application to the company administration. Registered mail means that when the letter is sent, the sender will be given a receipt for payment for postal services. And upon receipt from the employer, they will require a signature on the paper receipt form. But, again, how to prove that inside the envelope there was precisely an appeal requesting termination of the contract? To do this, you need to pay for the “inventory preparation” function with the shipment. This option implies that the envelope is handed over to the postal employee open and the employee records what papers are in the letter. Thus, the employer will not be able to deny that it was the employee’s resignation letter that was sent to him.
To be sure that the letter has reached the addressee, send a valuable parcel, upon receipt of which the employer will mark the date of receipt of the documents. A report on the receipt of documents will be sent to the sender's address.
Telegram is one of the most common ways to send job applications. When composing a telegram, the sender presents his passport, thereby recording that the document is sent personally. Also, the text of the application is open, so the employer will not be able to deny the fact that the application was received.
The question often arises: is it possible to send documents by email? This possibility is not limited by law, but if legal action is necessary, it will be difficult for the employee to prove that it was the head of the enterprise who was familiar with the text of the petition and when this happened.
Legal consequences
After the employee has sent a letter of resignation to the management of the company, a mechanism is launched that precedes the termination of the employment relationship. At the same time, the termination of the contract occurs on a general basis, that is, based on what date the manager puts on the documents on receipt of the postal request, a two-week period will be counted.
The employee has the opportunity during this time until the end of 15 days to withdraw his application. This can be done either in person or by sending a postal telegram. But if the dismissal order has already been issued, the employee will not be returned to work.
Legal terms
Having received an application by mail from an employee with a request to terminate the employment contract, the employer must check with the employee whether the letter was actually sent to him personally. This can be done with a simple phone call. When the fact of personal submission of the application is confirmed, the dismissal procedure can begin.
According to the Labor Code, the procedure for terminating employment relations implies that after a period of two weeks, the employee must be given all documents, as well as cash benefits paid in full. But how to calculate this very control day? It all depends on the date of receipt of the letter, which the employer will put on the receipt postal item. And legal deadlines can be divided into two groups:
- if a specific date is already indicated by the employee in the application;
- when the date of termination of the contract is not directly stated in the application.
When the petition does not specify a strict termination date, the employer must count 15 calendar days without taking into account the date of receipt of the letter. And only after the expiration of the specified period issue a dismissal order. Indicating the date in the document suggests the following procedure for calculating the date of dismissal:
- when there are more than two weeks between the specified day and the date of receipt of the letter, the date indicated by the employee should be adhered to, since before the expiration of the period measured by him, the person can withdraw his application;
- when there are less than two weeks between two dates, then the employee’s request must be granted, despite the two-week work requirement;
- if the day of receipt is later than the specified date, then the contract is terminated after a couple of days, and the basis for termination of the employment relationship will be the consent of the parties.
Actual termination
According to the norms of the Labor Code, on the day of termination of employment relations, the employer must issue an order to dismiss the person, as well as hand over to the dismissed person his documents and the full amount of monetary compensation. When dismissal occurs by mail, the procedure is somewhat different. So, the algorithm of actions of the head of the company involves the following steps:
- issuing a dismissal order in two copies, one of which is intended for the dismissed person;
- preparation of a work book and certificate of employment for an employee;
- sending an official notification to the dismissed person of the need to come to the institution to familiarize himself with the order and receive all documents;
- if the employee arrived on time, then hand him a work book and a copy of the order against his signature (if the person did not appear, but sent an application with a request to send all the papers by postal service, then a valuable letter with an inventory is prepared and handed over to the dismissed employee);
- in a copy of the order that remains at the enterprise, a note is made that the dismissed person did not arrive on time;
- transfer of cash benefits and payments to the employee’s bank account.
The most questions when terminating contracts, when the application is submitted by mail, arise with the identification of the sender of the application. The employer, in order to avoid lengthy legal disputes, needs to make sure that the letter was sent by the specified employee, and that the employee wishes to terminate the employment relationship.
