How to quit your job remotely at the initiative of the employee. Can I quit my job remotely? Remote dismissal of one's own free will sample

Remote work is becoming an increasingly popular type of professional activity. This method of work is convenient for both the employer and the employee. The employer is released from the huge burden of responsibility for the organization of work and the workplace of a subordinate. The employee, in turn, can organize his day as he sees fit. In this situation, there is only one controversial point - how to quit your job remotely?

Is it possible to quit remotely and how to pick up a job

Labor legislation does not yet contain direct indications of proper organization dismissal of an employee remotely. At the same time, there are no prohibitions for the implementation of such a process. allows you to hire employees remotely.

Remote work implies the possible presence of participants employment contract on distance. The worker may be from another area or live in another city. This fact gives the right to dismissal from work remotely. At the same time, all the terms and rules specified in the Labor Code must be preserved.

At the appointed time, a work book is drawn up and returned to the citizen. If the subordinate does not have the opportunity to pick it up personally, then he draws up a written forgiveness for the provision of a certificate by mail. Also, this procedure can be done by drawing up a power of attorney for an authorized person.

How to remotely quit your job?

You can leave your employer for any reason specified in the law. Termination can occur both at the request of the employer and at the request of the employee.

Dismissal of a remote employee own will goes through the same methods as when terminating an agreement with other subordinates. There are only a few nuances in the preparation of documentation. The deadlines for filing an application are increasing, this is due to the time spent on mail forwarding.

Dismissal remotely without working off is possible only if an agreement has been reached in advance on this fact with the employer.

How to write a letter of resignation remotely

An application for remote dismissal is issued in any form.

It must indicate the main mandatory information for such a document:

• Legal details of the employer;
• Personal data of the person leaving;
• Grounds for terminating a previously signed agreement;
• Date of the last working day;
• If necessary, a request for dismissal without working off is expressed. This wish must also be documented;
• It is worth signing the application in person with the certification of the signature by a notary. Notarization is not mandatory, but large organizations may require confirmation of the identity of the writer.

The main factor when writing a statement is the date of termination of the relationship. It is necessary to take into account not only the two-week period of working out, but also the time spent on delivering the letter by mail.

How to fire a remote worker at the initiative of the employer

Dismissal of a remote worker at the initiative of the employer takes more time than when terminating an agreement with a locally working subordinate.

The stages of the remote procedure are as follows:

• A warning about the cancellation of professional relations is sent to the employee's address. This is done in accordance with Article 81 of the Labor Code ;
• After that, an order is issued to terminate the agreement for the provision of work;
• The order is sent by registered mail with notice. It makes a note about the absence of a signature due to the remoteness of the employee;
• At the appointed time, a work book is drawn up and returned to the citizen;
• Acquaintance is considered to be a written confirmation of receipt of a registered letter.

How to fire a remote worker for absenteeism

When rules are violated labor discipline the worker is not sent prior notice of the termination of the relationship. Instead, an order is issued immediately. You can dismiss a remote worker on the basis of documentary evidence of absenteeism.

When working remotely, such a reason is the lack of reports on the work done for the appointed period. The employer stipulates the need for reporting during employment. Most often resort to daily responses electronically or otherwise.

Dismissal of a remote worker by agreement of the parties

The dismissal of a remote worker from work can be made by agreement of the parties. This method is resorted to when the employer and the subordinate do not wish to cooperate further.

For the correct implementation of the relevant procedure, an order is issued, and its certified copy is sent by mail or by courier to the address of the worker. According to existing rules, the employee is obliged to personally come to work on the day of dismissal to receive a work book. This is difficult for remote workers to do. Therefore, the employer, after the termination of relations, is obliged to send a written warning about receiving the work book in person. The former employee is given the right to draw up a written application for the possibility of sending a document by mail.

Current labor standards give great importance to the rights that employees have. That is why an employee can quit own initiative absolutely at any time.

Few people know that dismissal can be carried out remotely, even without visiting the workplace.

In what cases can remote dismissal be made?

The provisions of the Labor Code of the Russian Federation establish that remote dismissal will be possible subject to the following conditions:

1. Mandatory prior written notice to the employer of the employee's intention to terminate labor Relations.
2. Accounting for the mandatory deadlines in which the employee must carry out the warning - no later than two weeks before the last day of work.

In the above conditions, the main one, of course, is the first. At the same time, it is not said anywhere that a written notification must be submitted to the head personally in the hands. And this means that its remote transmission is not prohibited.

Main Factors

Often, the sharp emergence of the need for remote dismissal without a personal meeting is due to the following, most common factors:

Territorial

An employee may be on sick leave or vacation. At the same time, the current legislation guarantees him a legitimate possibility of dismissal even during these time periods. If a citizen really cannot come to his place of work, remote dismissal can become quite the best option to break official relations with the employer.

Temporal

As you know, going through the dismissal procedure always requires some time. A person needs to come to the place of his work, get an appointment with the personnel department, write a corresponding application. In case of remote dismissal, the interested person will only need to draw up a document and send it by mail.

This method can be an excellent way out if the employee has already found a more suitable place of work and, for example, is undergoing preliminary training there.

personal

Often, the desire to quit is associated with a deterioration in relations with the employer, the emergence of constant disputes, legal conflicts, etc. In this case, a remote break in relations can be an excellent way out if, for example, the employee does not want to run into management or his colleagues once again.

It should also be noted that the employee will have the right to remote dismissal in any case, regardless of the exact reasons and grounds for which he no longer wants to continue his professional activity in this organization.

Procedure steps

The initial stage of absolutely any dismissal procedure is the manifestation of the employee's initiative by drawing up an official written statement. There is no clear form for this document; an uninterested person must take care to indicate the following information in it:

• information about the employee, as well as his position;
• information about in whose name the document is drawn up;
• information about the reasons for which the employee wants to quit. As a rule, standard wording is indicated here, for example: “Due to family circumstances, etc.”;
• the current date of the document and the personal signature of the author.

It will not be superfluous to register the created document in a notarial order. The date of termination is optional. In its absence, dismissal will occur after 14 days from the date of creation of the application. If the employee intends to quit on a certain date, one should not forget about the mandatory working period. The only exceptions will be those cases in which the dismissal must be made urgently.

In case of remote dismissal, the application must confirm the fact that the employee agrees to send his documents by mail.

After sending the document and receiving it by the employer, the latter can begin to draw up the appropriate dismissal order. The record of dismissal is duplicated in the work book of the employee, as well as in his personal card, which was kept at the enterprise during the entire period of his work there.

On the last working day, the employer must take care of the formation of a package of documents for sending them already former employee. His work book, as well as a special inventory, must be enclosed in the envelope.

How are the due payments made in case of remote dismissal?

In the event of the dismissal of an employee, the obligations of the employer will include the implementation of the payments due to him. The main ones include wages for the time worked, as well as compensation for the rest of the vacation.

Further procedure for issuing Money will directly depend on which payment scheme is set in specific organization or in an enterprise. If the money is transferred to the card, then there should not be any problems, the final amount received after the calculations will simply be transferred to the resigned employee. In the event that the calculation takes place by issuing cash, in his letter of resignation the employee must indicate the account number, which will be used by the employer in the future.

The main advantages and disadvantages of this type of dismissal

The remote dismissal procedure, despite its obvious advantages for the employee, is still better to use as little as possible, only when absolutely necessary. It is impossible not to say about its shortcomings, which are expressed in the following:

• the possible risk of a forged letter of resignation when it is drawn up by another person for personal gain;
• the always existing risk that the employer simply does not receive the documents, for example, due to poor postal service or other force majeure circumstances;
• possible delay in dismissal, for example, if the employer received the documents too late.

There are also serious risks for the employer. First of all, he will not be able to check whether the signature on the documents is really the signature of the employee himself. Otherwise, the manager may suffer, because then the dismissal will be recognized as completely illegal. Personal contact with the employee, for example, by phone, or pre-registration notarized signatures.

The undoubted advantages of this type of dismissal include:

• saving time and even financial costs - there will be no need to spend money on the road to visit the organization itself;
• convenience and the ability to get settled in a more suitable place as soon as possible.

In the event that there are no problems with verifying the authenticity of the signature, no further difficulties should arise during the remote dismissal procedure.

Existing practice

If you pay attention to court cases that relate specifically to illegal dismissals, you can see that the vast majority of claims are filed by employees. Often they believe that the employer chose to terminate relations with them absolutely illegally, without having legal grounds for this.

Let's look at a relevant example:

The court ruled on the recognition of the earlier dismissal of Andreeva E.The. from the position of a human resources specialist illegal. For the purpose of additional verification during the consideration of the case, the court appointed a graphological examination. As a result of this procedure, it was established that the letter of resignation was written by another person.

The decision of the court was the restoration of Andreeva E.The. in office, as well as the payment of monetary compensation to her for the time of absence of work. The defendant, in turn, tried to appeal this decision, inviting witnesses who confirmed the fact that the employee had previously really spoken about her intentions to quit. However, the judicial authority did not consider this to be reliable evidence and left the earlier decision unchanged, since the allegations were not recorded anywhere.

As can be seen from the foregoing, remote dismissal has both a number of clear advantages and certain disadvantages. It should also be noted that in our country this method of terminating official relations between an employer and an employee is not very common.

If an employee wants to quit without visiting the place of work, it is better to discuss this issue with the employer in advance. This is the only way to avoid unnecessary disputes that may arise during the implementation of this procedure. Indeed, otherwise, the employee may lose much more time than he would have spent on the usual dismissal procedure.

The labor rights of an employee are protected by law more carefully than the employer, so a subordinate has the right at any time and for any reason.

At the same time, even the personal submission of other documents is also not mandatory - all this can be done without visiting the place of work, that is, remotely. More details about the remote dismissal procedure and the nuances of its implementation are later in the article.

Features of the final settlements depend on which particular method of payment is used at a particular enterprise. If it is a non-cash payment, then the funds are transferred to the open account of the subordinate in the usual manner. If the funds are paid in cash, then the employee must, in his application or in separate document indicate the account number for transferring money and give your consent to this.

Pros, cons and possible problems

It is better to use the remote method of termination of employment relations only in case of emergency, when there is no possibility of a personal visit to the employer. This is due to the fact that it has certain disadvantages:

• risk (when the application is made by the employer or a third party);
• possible difficulties in the work of mail;
• the probability of losing the application;
• a long period (the start date of the procedure depends on when exactly the letter will be delivered to the manager).

For the employer, the main risk may be the inability to verify the authenticity of the employee's signature. If it turns out that it was forged, the dismissal will be declared illegal, and the employee will be required.

To prevent such consequences, you need to use one of the following options:

• verify the signature of the employee on the application with other documents, where it also stands;
• contact the employee (for example, by phone) and clarify whether he really sent the application;
• ask the employee to notarize his signature.

The issue of verifying the authenticity of the signature is not regulated by law, so the employer must choose for himself how exactly to do this. As for the advantages of the procedure, the main ones are:

• speed of dismissal;
• convenience of the procedure;
• minimum time costs;
• no need for a personal visit;
• the opportunity to start another job or study even before dismissal.

If the dismissal is agreed with the employer in personal order and there is no doubt about the authenticity of the statement, then the parties should not have any problems. Otherwise, disputes have to be resolved in court.

Judicial resolution of disputes

In most cases, claims are filed by employees who claim that the dismissal was illegal and took place without their initiative and consent. In this case, the handwriting examination procedure becomes decisive, during which the authenticity of the worker's handwriting and his signature is established.

An example from judicial practice:

Kuzminsky district court of Moscow recognized illegal dismissal Morozova N. N. from the post of secretary. According to the results of the examination, it was established that the application was drawn up and signed not by this employee, but by a third party. As a result, the court ruled to reinstate her at work, as well as pay her a salary for the time of forced absenteeism and compensation for moral damage.

The defendant disagreed with decision and filed an appeal with the Moscow City Court, providing testimony from witnesses who confirmed that the dismissed employee had intentions to leave work. However, the court did not recognize these arguments as weighty, since only documentation is important for the correct dismissal procedure. Therefore, the decision made earlier remained unchanged.

Obviously, remote dismissal carries risks for both the employee and the employer. Therefore, in order to prevent possible disputes, it is better to agree on this issue in a personal form or take care of the correct documenting procedures.

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More than a year ago, the Labor Code was supplemented chapter 49.1, which regulates the work of remote workers. During this time, many personnel officers managed not only to conclude a full-fledged employment contract with freelancers in in electronic format, but also terminate the employment relationship via the Internet. We found out what difficulties accompany the procedure for dismissal of remote employees. What are the grounds for firing a remote worker? What date to put in the order of dismissal, which is sent to the freelancer by registered mail? In what order is a record of dismissal made in the remote employee's work book?

General grounds for dismissal

You can terminate an employment contract with a distance worker by common grounds, as well as with other employees ( Art. 77 Labor Code of the Russian Federation). For example, by agreement of the parties ( Art. 78 Labor Code of the Russian Federation), due to the expiration of the employment contract ( Art. 79 Labor Code of the Russian Federation), at the initiative of the employee ( Art. 80 of the Labor Code of the Russian Federation) and etc.

Distancers are subject to labor law and other acts containing norms labor law (part three of Art. 312.1 of the Labor Code of the Russian Federation). This means that when you decide to fire such an employee due to downsizing (staff), make sure that he does not belong to a category that is prohibited from firing. For example, an employee is in charge of minor children whom he brings up without parents ( Art. 261 of the Labor Code of the Russian Federation). Find out if he has preemptive right to stay at work Art. 179 Labor Code of the Russian Federation), and etc.

Note that a remote worker does not travel with the organization. Therefore, it is impossible to terminate the employment contract with him in connection with the refusal to transfer to work in another locality together with the employer ( paragraph 9 of the first article. 77 Labor Code of the Russian Federation).

Additional grounds for dismissal

In addition to the general grounds in the employment contract for remote work, it is possible to establish additional grounds for dismissal at the initiative of the employer, which are not in the Labor Code ( part one, art. 312.5 of the Labor Code of the Russian Federation). They should have clear, clear and specific wording in order to avoid disputes and ambiguous interpretation of the terms of the contract.

If you conclude an employment contract for remote work, then indicate in it that the dismissal of an employee is possible on the general grounds provided for by the Labor Code, and also establish additional grounds for dismissal in the interests of the employer

In addition, additional grounds for dismissal at the initiative of the employer must necessarily be related to the functions and duties of the employee. Practice has developed several typical grounds for dismissal of a distance worker which are most often included in employment contracts. These are, in particular:

- repeated, more than three times, non-compliance with the deadlines for completing the work assigned to the employee or non-compliance of its results with the requirements stipulated in the employment contract;

- repeated, more than three times, violation of the deadlines for submitting reports on the work performed;

– refusal of the employee to use information security tools provided or recommended by the employer, etc.

Is it possible to fire a telecommuter for absenteeism?

It seems extremely difficult to dismiss telecommuters for absenteeism, which is explained by the impossibility of proving the very fact of absenteeism. The nature of remote work involves labor function outside the location of the employer and outside the stationary workplace. Here, the main condition is the use of the Internet by an employee to interact with the organization ( part one, art. 312.1 of the Labor Code of the Russian Federation). In fact, the nature of remote labor relations is close to the contract paid provision services, when the result of the work is paid, and not the time spent on its execution. The remote worker has the right independently determine the mode of working hours and rest time unless otherwise provided in the employment contract ( part one, art. 312.4 of the Labor Code of the Russian Federation). That is, it all depends on what mode of working time and its control are established by the employment contract for the distance worker.

Often a situation arises when it is necessary to ensure the participation of a remote employee in manufacturing process simultaneously with employees at stationary workplaces. Then, in the employment contract, you can specify the working hours ( part one, art. 312.4 of the Labor Code of the Russian Federation). For example, set a five-day working week(40 hours) with two days off. In this case, the employer may dismiss the employee for absenteeism, provided that the procedure for such dismissal is followed (Article 193 of the Labor Code of the Russian Federation).

To date arbitrage practice on the dismissal of remote workers for absenteeism has not yet been formed, therefore, there are certain risks in the procedure for such dismissal, and each employer has the right to decide for himself whether to take these risks or not.

Two options for sharing documents

In the section "Labor Disputes"

you will find a court decision that notifying an employee of the need to obtain a work book relieves the employer of responsibility for its delay (help.kdelo.ru/sn/item4936?catId=4334)

The termination of an employment contract with a remote employee can be executed both in the traditional way (on paper) and electronically. paper version consists in the exchange of documents through regular mail by means of registered letters with notification of their delivery to the addressee ( ch. 49.1 of the Labor Code of the Russian Federation). In practice, many employers invite a remote worker to come to the office to sign the necessary papers (sample below).

If the remote worker and the employer have agreed to cooperate through the exchange electronic documents , they both must have enhanced qualified electronic signatures ( part four of Art. 312.1 of the Labor Code of the Russian Federation , Part 1 Art. 5 of the Federal Law of April 6, 2011 No. 63-FZ). In this case, each of the parties is obliged to send to the other a confirmation of receipt of electronic documents by it. The deadline for sending confirmation is established by the employment contract ( part four of Art. 312.1 of the Labor Code of the Russian Federation).

However, even with enhanced qualified signatures, it will not be possible to completely abandon the preparation of documents on paper. The employer is obliged to send to the distance worker by registered mail with acknowledgment of receipt a paper copy of the dismissal order duly executed ( part two of Art. 312.5 of the Labor Code of the Russian Federation). Moreover, this must be done directly on the day the employment contract is terminated.

The date of the order and the day of dismissal may coincide with the date the order was sent. by email and regular mail, since the employee was previously familiarized with the document in electronic form.

Attention!

When issuing an order to dismiss an ordinary employee, it is unacceptable to use an electronic signature. The ability to issue such an order using enhanced qualified signature provided only for remote employees (Chapter 49.1 of the Labor Code of the Russian Federation)

Making an entry about dismissal in the work book and personal card

If a work book was kept for the remote worker, then upon dismissal, it is necessary to make an appropriate entry in it, which is drawn up in the general manner ( clause 3.1 instructions approved Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69). In the case when the termination of the contract occurs on additional grounds, indicate not only the paragraph and part of the article Labor Code, but also a clause of the employment contract (sample below).

Then get from the employee consent to send a work book by mail in the form of an electronic document with electronic signature or in paper form part six of Art. 84.1 of the Labor Code of the Russian Federation). On the day of dismissal, send the employee a work book by registered mail with notification ( 36 Rules approved Decree of the Government of the Russian Federation of April 16, 2003 No. 225(Further - Rules for maintaining and storing work books)). If he is present at the office on the day of dismissal, give out a work book in his hands.

If the work book is sent to the distance worker with his consent by mail, in the traffic record book work books and inserts in them, you need to make a note about this (p., Rules for maintaining and storing work books). How exactly, the legislator does not explain. In practice, there are such options:

- in column 12 indicate the details email, in which the employee gives his consent to receive a work book by mail. Column 13 is not filled out;

- in column 13 they write that the work book was sent by mail, and in column 12 indicate the date the document was received by the employee (it will be recognized from the delivery notice when it is returned to the employer).

In addition to the work book, a record of dismissal is entered into the personal card of the employee, who needs to be familiarized with it against signature (clause , Rules for maintaining and storing work books). It is possible to comply with this requirement by exchanging electronic documents ( h. fifth art. 312.1 of the Labor Code of the Russian Federation). This option is equivalent to familiarizing the employee with a personal signature. Software applied to personnel records, should allow the maintenance of personal cards in electronic form.

On the last day of the employee’s work, pay him the final payment, issue a certificate of the amount of earnings and special periods for the current and two years preceding the dismissal ( h. fifth art. 80 of the Labor Code of the Russian Federation , p. 3 h. 2 art. 4.1 Federal Law of December 29, 2006 No. 255-FZ). If it is impossible to issue a certificate personally, send the employee a notice that he must either come to the accounting department for a certificate himself, or write a letter stating that he wants to receive it by mail.

Attention!

You can certify several interconnected electronic documents (package of electronic documents) with one electronic signature. In this case, each of them will be considered signed

If the remoter needs work related documents, then he can send an application for their issuance to the employer in electronic form ( part four of Art. 84.1 , part six of Art. 312.1 TC RF). Employer within three working days from the date of filing such an application, must send copies of the requested documents, duly certified ( part eight of Art. 312.1 of the Labor Code of the Russian Federation). At the request of the employee, these copies can be sent by registered mail with notification or in the form of an electronic document.

Fixing the error

Error Some employers use the services courier services express delivery to send a copy of the order to terminate the employment contract to the remote worker. Thus, organizations violate the order of sending mail correspondence installed chapter 49.1 Labor Code.

How to If the distance worker gets acquainted with the dismissal order in electronic form, then on the day the employment contract is terminated, a copy of such an order is sent to him by registered mail with notification ( part two of Art. 312.5 of the Labor Code of the Russian Federation). Services for the delivery of registered letters with notification are provided by the Federal State Unitary Enterprise Russian Post.

What happens if… If the employer uses the services of courier delivery services, he will not have a notification* of delivery to the addressee. Improper notification of legally significant actions will deprive the employer of the opportunity to protect their interests in the event of a labor dispute.

Remember the main thing

The experts who took part in the preparation of the material note:

Marina TOLSTIAKOVA,

Deputy Head of the Personnel Recruitment and Personnel Records Department of AMKapital LLC, Avtomir Group of Companies (Moscow):

- It is possible to dismiss a remote worker both on the general grounds established by the Labor Code, and on additional grounds prescribed in the employment contract. In some cases, the norms of the Labor Code cannot be implemented. For example, dismissal in connection with the refusal to transfer to work in another area together with the employer. After all, the remote worker does not move with the organization.

Alla SAETOVA,

Head of the Human Resources Department of LeCon LLC (Bryansk):

– Termination of an employment contract with a remote worker occurs in the general manner. If he gets acquainted with the dismissal order in electronic form, the employer is obliged to send him a copy by registered mail with notification said order properly formatted. And on the day of termination of the employment contract.

Alena SHEVCHENKO,

lawyer, expert of the magazine "Kadrovoe delo":

- A record of dismissal must be entered into the personal card of a remote employee and familiarized with it against signature. If the employment contract is terminated without his personal presence at the office, then this requirement can be met by exchanging electronic documents using an enhanced qualified electronic signature.

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Articles , 312.5 Labor Code of the Russian Federation	Understand the grounds for firing a remote worker
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The current legislation allows the employee. You can also terminate an employment relationship remotely if circumstances prevent you from meeting with your manager in person. How to quit remotely, we will consider in detail later in the article.

Is it possible to quit without coming to work?

The Labor Code of the Russian Federation does not contain information prohibiting the remote termination of an employment contract. The law does not establish a list of situations in which it is allowed to quit remotely. Therefore, each case should be considered individually. The coordinated actions of the subordinate and the manager will allow the dismissal to be safely carried out without a personal meeting.

The basis for the procedure may be:

• relocation of an employee to another locality;
• making a decision on dismissal while living in another city;
• , preventing its free movement;
• long distance between the central office and the place of work;
• conflict relations with the personnel of the organization;
• other personal reasons.

In such circumstances, employee thinks about how to quit remotely from work of his own free will without difficulty. No worries. Termination of cooperation will occur as usual.

The difference from the standard procedure is the need to exchange documents via mail. There is even the possibility of dismissal without working off in the cases established by the Labor Code of the Russian Federation.

If there is an employment contract for remote work remote employee can quit in the same remote format in which the employment took place.

How to send an application to an employer?

There are no additional requirements for the document, you can use standard sample statements.

In the upper right corner of the sheet, information is written about who the document is intended for - about the employer. Below is the source of the application. Then, in a free form, the applicant asks to be fired. The reason can be your own desire. Under the text must be the signature of the employee and the date.

The peculiarity of the application for remote dismissal is that the signature of the employee must be certified by. This is necessary to exclude the possibility of document forgery. The company will suffer if a forgery is revealed. Litigation and penalties are possible.

The application is sent by registered mail with a notification in which the date of delivery will be fixed. This will give the sender confirmation of receipt of the document by the employer. The countdown of the two-week working period does not begin from the date of departure, but from the next day after the receipt and registration of the application by the company.

If an employee incorrectly calculates the deadline and does not go to work, this will be considered. If there are circumstances that prevent the subordinate from working out the allotted time, the manager can change. To do this, the parties must reach an agreement.

Owners digital signature it is possible to send a letter of resignation to the employer email. EDS allows you to identify the sender, guarantees the integrity of the document and confidentiality. Such a document is just as legally significant as the paper version.

How to pick up a work book?