They do not sign a letter of resignation, what to do
The Labor Code of the Russian Federation establishes the right of every citizen to work and the prohibition of forced labor. If an employee expressed a desire to terminate the employment contract, filed a letter of resignation, then he wants to leave the enterprise. Trying to keep him is tantamount to forced labor and is fraught with sanctions.
The reasons for the employer's refusal to let the employee go can be different: a valuable employee is needed right now; they want to fire the bad according to the article, and not at will; it takes time to find a replacement. Perhaps they want to force you to finish important work and just play for time. The boss can be understood, but his actions are not justified. The situation is unpleasant, it can happen to anyone, but it is not hopeless. First of all, write a statement about the desire to quit, inform the director of the enterprise. Prepare two copies at once. If you are 100% sure of the refusal, then you can not submit the application for signature to the head of the enterprise. The law is on your side - Article 80 of the Labor Code of the Russian Federation enshrines your right to quit 2 weeks later from any position held after writing the application, not from the moment it was signed. At the end of the application, fix the current date, give it to the administration for information. After 14 days from the date indicated in the application, you are considered dismissed.
Most importantly, management must be informed in a timely manner of your intention to leave the enterprise. Be sure to make sure that the secretary or employee of the personnel department - the one who keeps records of documents, registers your application in the book of incoming documents. On each application, he must put the date and registration number, his signature, the seal of the institution (if any). Leave one copy for the manager, the second for yourself. After 2 weeks, you should make a full payment, issue a completed work book, that is, fire you. It is possible that your application will not be accepted, they will refuse to register it, or your organization does not keep records of such documentation. Take the next step. Follow with the application by mail, send it by registered mail with notification. It is very important to make an inventory of the enclosed papers so that the administration cannot claim the arrival of an envelope with a blank sheet of paper. As soon as you receive official notification of the delivery of the letter, start the countdown. After 14 days go to demand payment. It is better to avoid conflict, but resolutely defend your interests. An angry boss may threaten to be fired under the article. This threat is not dangerous if it has no basis - you are not a truant, there are no violations of labor discipline. Of course, an undisciplined employee who has received a reprimand may be dismissed under the article. The labor legislation defines specific periods of the penalty. Usually - three months from the date of fixing the offense. If this period has expired, the employer does not have the right to dismiss him under the article. During your vacation, while on sick leave, you can write an application, issue a valuable letter with an inventory and notification by mail, attaching one copy there. In this case, there is no need to work out the prescribed 14 days, if they coincided with vacation, with sick leave. Regardless of the desire and will of the employer, after 2 weeks from the date of receipt of the notification, you must be calculated and issued a dismissal order.
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Before you follow these steps, try to negotiate with the employer, there is always a chance to negotiate. Explain the current situation, your next steps, recall the article of the Labor Code of the Russian Federation that protects your rights. It’s good to mention that there is a Labor Inspectorate, and you intend to go complain or file a lawsuit - Article 392 of the Labor Code of the Russian Federation. The employer who interfered with your new employment in court will have to issue a completed work book and compensation - Article 234 of the Labor Code of the Russian Federation.
