They do not sign a letter of resignation: what to do in such a situation?
Not signing a letter of resignation? What to do? These questions don't come up very often, but they do happen. Especially if we are talking about a valuable and experienced staff who decided to independently leave his employer and the company in which he worked for a long time. Can I not sign a letter of resignation? How legal is this decision? How to be in this situation? The answers to these questions will be given below. In reality, everything is not so difficult as it seems. It is enough just to comply with the current legislation of the Russian Federation.
Methods of dismissal
Let's start with the fact that the termination of an employment relationship is different. In Russia, it is possible to leave work:
- by agreement with the employer;
- for downsizing;
- on their own initiative;
- at the initiative of the boss (not always).
The least problematic is the dismissal at the request of the employee. But in this case, the employee may face a situation in which the application will not be signed. How legal is it? And how to behave?
About signatures
Can they sign a letter of resignation? It is important to understand that according to the Labor Code of the Russian Federation, no essential signatures for terminating an employment relationship at the request of an employee are put.
The thing is that the signature on the application of the established form should be left only by the applicant. Without it, the document is invalidated.
The employer or his representative only puts a note on the application that the request has been accepted for consideration. This is necessary to start the dismissal process. 
Life practice
Can they sign a letter of resignation? Sometimes such situations occur in practice. The employer simply does not accept the application or does not put a note on it that the authorities were notified of the termination of the employment relationship.
How legal are these actions? Unfortunately, in practice they are quite common. The employer may indeed not sign the letter of resignation. But this is no reason to despair! You can notify your superiors about leaving work in other ways.
Total information
Not signing a letter of resignation? What to do? To begin with, you will have to carefully study the current legislation of the Russian Federation.
In the event of termination of employment-type relationships at the request of the employee, the latter remains obliged to notify the employer of his decision. This must be done in advance. To be more precise, no later than 2 weeks before leaving work.
Article 80 of the Labor Code of the Russian Federation allows you to quit at any time of your own free will. It is enough to notify the authorities in writing about the decision, work out 14 days and pick up the documents required upon dismissal. It would seem that everything is simple. But actually it is not.
Coercion or not?
If the boss does not sign the letter of resignation, then you will have to act somewhat outside the box and decisively. 
The thing is that the right to terminate labor relations at any time is assigned to each subordinate. It cannot be taken away. Forced labor is prohibited in Russia.
This means that in the absence of a corresponding note on the application for termination of the employment contract, the boss violates applicable law. As we have already found out, this practice is quite common.
But that doesn't mean there aren't workarounds. The visa of the head on the mentioned document has no legal force. And it does not affect the right of a citizen to dismiss at his own request. Even though they are required by law to sign. Non-acceptance of the studied paper openly violates the current laws of the Russian Federation.
Second copy
Now a little about what to do if the employer does not sign the letter of resignation. Boss denies a legitimate visa?
Then you can make 2 copies of the application. Give one to the head or authorized division of the company, and on the second document get the signature of the person who accepted the paper stating that the request has been submitted and the countdown of 2 weeks has begun.
Unfortunately, it is often difficult to implement such an alignment in practice. After all, all higher divisions of the company most often refuse to accept a request for termination of an employment type relationship. 
Mail to help
If the boss does not sign the letter of resignation, it is much easier to go the other way. Namely - to use the services of mail. With its help, it will be possible to prove the fact of notifying the employer of their intentions. Accordingly, if, after 14 days from the date of sending the letter, the citizen was not fired by law, he can either complain to the Labor Inspectorate, or simply not go to work and demand a work book counting on his hands.
Not signing a letter of resignation? What to do? Send paper by registered mail! So the subordinate will have proof that he made attempts to notify the employer of his intentions.
Complaints
According to Article 80 of the Labor Code of the Russian Federation, an employee who notified the boss in advance of the termination of employment may not work 14 days after the employer receives the paper under study. This action will not be considered absenteeism.
Refusing to sign a letter of resignation? You can apply to the Labor Inspectorate with a corresponding complaint. There 100% will explain how to proceed further. But in order to confirm the legitimacy of the complaint, you will have to have evidence of attempts to peacefully resolve the issue. 
Threats of dismissal under article
Often, employees are threatened with dismissal under the article. For example, for walking. After all, in fact, if a citizen does not go to work or is absent from the workplace for more than 4 hours in a row, then a disciplinary sanction can be applied to him. And even fired.
In fact, the mentioned threats have no real force. Usually, if more than 3 months have passed since the misconduct, then dismissal under the relevant article is impossible.
What should an employee do? Do everything to prove the fact of notifying the employer of the intention to leave the workplace. The absence of the manager's signature on the document is not a basis for a ban on leaving work.
Litigation
If the director does not sign the letter of resignation, then, as we have already found out, you can complain about it to the Labor Inspectorate. Such a measure really helps to prove one's case.
Sometimes it turns out that the boss not only does not sign the corresponding application, but also refuses to issue a work book with a calculation. What to do?
It is recommended to go to court. In this situation, it is enough to prove the advance warning of the authorities about their intentions and record threats and refusals. The judiciary will definitely take the side of the subordinate. Indeed, as we have already found out, they cannot refuse to terminate the employment relationship at the request of the employee. 
Vacation and dismissal
Not signing a letter of resignation? What to do? The answer to this question will no longer cause trouble. Everyone decides which way to go. Your best bet is to simply mail the notification with acknowledgment of receipt and then proceed through the Labor Inspectorate and the judiciary.
Can employees leave work at will while on vacation? Yes. In these cases, all the previously listed rules and features apply. This means that the application must be accepted and put on it with a visa.
Cancellations are not possible. In practice, when on vacation, employees notify of their dismissal by mail. Such a technique, as mentioned earlier, eliminates most of the problems. It contributes to the legal termination of labor-type relations between the employee and the employer.
About payouts
Planning for a voluntary resignation? Don't sign the application? How to proceed in this case, it was described earlier. Some are interested in whether any money is due for such a termination of employment.
Yes. By law, upon dismissal on their own initiative, an employee is issued:
- money for the days worked in a month;
- compensation for unused vacation.
Other payments are transferred on the basis of an employment contract. That is, if other monetary compensations are indicated in the agreement, then they must be issued upon leaving work. Otherwise, you can not count on additional finance.
Results
Refusing to sign a letter of resignation? How to act under such circumstances has already been described. In fact, everything is much simpler than it seems. Especially if you communicate your decision by sending a letter with notification of receipt. In this situation, the countdown of 14 days will begin from the moment the application is received by mail. 
If it was not possible to peacefully solve the problem under study, then the employer should take into account that his subordinate is able to turn to labor inspectorates and courts for help. And it's all legal.
In fact, a person cannot refuse to accept an application for termination of an employment-type relationship. In Russia, this is prohibited by current legislation. The main thing is that the employee himself signs the paper. It is without his signature, as already mentioned, that the application will not have any legal force.
The signature of the employer on acceptance of the request to terminate the employment contract is a formality that saves the company from unnecessary problems. Therefore, in order to speed up the process, it is recommended not to violate the current legislation and the principles of dismissal. What to do if the manager does not sign the letter of resignation? It's easy to answer now!