Is it possible to quit without coming? How to quit your job remotely at the initiative of an employee

Protecting the rights of an employee is a priority of labor legislation. Thanks to this, a person can terminate the employment relationship with the employer at any time and without giving reasons. To do this, you just need to submit an application, while the personal presence of an employee is not necessary. Remote dismissal allows a person to terminate an employment relationship of his own free will or for other reasons, without a personal presence in the office, which is especially true in case of poor relations with the management of the organization.

Basic information and factors

IN Art. 80 of the Labor Code of the Russian Federation it is described how the dismissal procedure goes if the initiator is the employee. The main requirement is to notify the manager in advance of his intention to terminate the employment contract. Under normal conditions, this is required to be done 2 weeks before the desired date of dismissal, however, the period may be reduced depending on the type of employment contract and other reasons.

It is important to know! The current legislation does not establish any requirements for the personal presence of an employee during the procedure for terminating an employment contract, which allows this to be done remotely.

Remote dismissal has its advantages and disadvantages. Among the factors that could influence the choice of this particular method, it is worth highlighting:

territorial - a person can apply for resignation at any time, including while on vacation, on sick leave or in other circumstances when personal presence in the office is impossible. In such situations, the only option to apply is to send the document electronically;
temporary - by sending an application remotely, the employee saves time, as there is no need to visit the office and the personnel department. The procedure will be especially relevant for citizens who have already found a new job and are currently undergoing internships or training that require constant presence;
personal - most employment contracts are terminated for personal reasons, in particular, poor relationships with the manager or other employees. Due to the remote sending of documents, the need for a personal meeting is eliminated.

When choosing this method of terminating an employment relationship, it is required to find out the company's e-mail address in advance for further sending documents. It is worth considering that not all companies practice remote dismissal due to a number of reasons, for example, lack of knowledge among employees of the personnel department or manager.

Order of procedure and payment

A person, even in the absence of serious grounds, can send a letter of resignation by mail. The main condition is compliance with the procedure for terminating the employment relationship.

At the first stage, the employee must make an application. At the legislative level, a single form has not been established, which allows it to be issued in a free form. It is required to reflect the information:

company name;
Full name of the head in whose name the document is drawn up;
Name and position of the employee;
on the basis for dismissal - the employee's own desire.

At the end of the document must be the signature of the applicant and the date of preparation of the document. To prevent possible problems, it is recommended to notarize the signature in advance.

It is important to know! The date of the application is affixed only at the request of the employee himself. If the person did not indicate the date in the application, then the dismissal is made 2 weeks after receipt of the document.

For good reasons, which are also spelled out in the legislation, dismissal is made without working off. This will require the consent of the manager, written evidence of the existence of the reason and an indication in the application that the sending of the labor and documentation package can be done by mail, and not in person.

When the employee has completed the application, it is sent using registered mail. Upon receipt and consideration of documents, the head issues an order and prepares a return package of documents, which will also be sent by registered mail with notification.

It is worth noting that notification is mandatory in both cases.

All documents that are sent must be completed in accordance with Article 80 of the Labor Code of the Russian Federation.

Shipping is done on the last business day. The letter itself must also contain a list of documents certified by the signature. This concludes the dismissal process.

In case of remote dismissal, you can also withdraw the application. To do this, you will need to use the mail or appear in person.

There is a nuance regarding the calculation. It is produced according to the standard scheme. If the sending of funds, including wages and other amounts, is usually carried out by bank transfer, then the employee will not specifically need to indicate where to transfer the funds.

If the payment is in cash, then you need to specify the account where all the funds that are due in the calculation will be transferred.

Nuances and jurisprudence

The remote care option has a number of nuances that you need to know before starting the procedure. Peculiarities:

there is an increased risk of illegal dismissal;
postal difficulties and a long delivery time, since the countdown of the procedure begins exactly from the moment the manager receives the letter;
the employer itself cannot confirm the actual signature of the applicant, which often leads to errors.

When a signature is forged, the dismissal is recognized as illegal, and the employee will be reinstated in his position. Upon receipt of the letter, the manager must receive information personally from the employee, including by phone or first ask to notarize the document. This makes the procedure more reliable.

The main advantage of remote dismissal is the absence of the need for personal presence on the last working day to receive all documentation and other procedures. It is better to coordinate the whole procedure with the authorities in advance, as well as draw up all the documents in accordance with the requirements.

In case of illegal dismissal, an appeal to the court will be required. In judicial practice, the decision is based on proof that the signature on the application does not belong to the employee. With this option, the dismissal process is considered illegal.

With remote dismissal, you must follow the basic rules. If the documents fully comply with all requirements, the manager must accept the application and dismiss the employee within the appropriate time frame. In case of illegal dismissal, any employee must apply to the relevant authorities, which will conduct a handwriting verification of the signature.

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 instructions on the correct organization of the dismissal of an employee by remote method. 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 the parties to the employment contract at a 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.

The dismissal of a remote employee of his own free 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 proof 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 notification. 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

If the norms of labor discipline are violated, the worker is not sent a preliminary notice of the termination of relations. 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.

Today, there are more and more cases of remote employment. There are both pros and cons to this type of work. However, there are nuances that the manager and employee should be aware of. One of the controversial topics is the dismissal of a remote employee.

Rules for terminating the TD of a remote worker

Before you fire a remote worker, you need to study labor laws. When terminating an employment contract under normal conditions, the employee writes a letter of resignation, and the employer signs it and draws up an appropriate order, on the basis of which an entry is made in the employee's work book. The conditions for employment and dismissal of remote employees are described in Ch. 49.1 of the Labor Code of the Russian Federation.

In the event of dismissal of a remote worker, a letter of resignation is also required, which can be drawn up in any form.

Application structure and requirements

The structure of the application is standard. In the upper right corner, an appeal is written to the head of the company (full name), below indicate the full name. and position of the employee. The text must indicate the reason for dismissal: or at the mutual desire of the parties. Next, the date and signature of the employee are put.

In order to prevent controversial issues, the application should be certified by a notary and scanned in color, and then sent to the employer. It is necessary to warn the employer about the dismissal in advance (at least 2-3 days in advance). As with offline mode, a remote worker without a good reason for dismissal is required to work for 2 weeks. The manager must receive an application with the consent of the employee to have his work book sent by mail to a specific address.

If the reason is the initiative of the employer

There are times when the dismissal of a remote employee occurs. In any employment contract there is a clause that takes into account this option. The grounds for termination of the TD at the request of the employer are described in Art. 312.5 of the Labor Code of the Russian Federation. Legal dismissal at the initiative of the employer will be considered only if there is an employment contract signed by both parties. This point will be taken into account in litigation. At the same time, the employment contract should in no way infringe on the rights of a remote worker, in accordance with Art. 57 of the Labor Code of the Russian Federation.

According to the legislation, a teleworker is protected from arbitrary dismissal at the initiative of the employer and is guaranteed to receive appropriate benefits under special circumstances. By law, the employer is required to pay the remote worker a monthly salary allowance, which minimizes the risk of lawsuits and preserves the employee's loyalty.

Outcome

The dismissal of a remote worker occurs on a general basis and according to a standard scheme. It includes a letter of resignation, a real reason for terminating the contract, the timely issuance of a work book either personally in the hands of an employee or by registered mail. If the dismissal of a remote worker is agreed with the employer, and vice versa, then there should be no problems and negative consequences. If the actions of one of the parties are illegal, the correctness can be proved in court, and at the same time, the employer may be punished (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

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 electronic form, but also to terminate labor relations 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 remote worker on general 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.

Distance workers are subject to labor legislation and other acts containing labor law norms (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 a preferential 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 the performance of a labor function outside the location of the employer and outside the stationary workplace. Here, the main condition is the use by the employee of the Internet 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 a contract for the provision of services for a fee, 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 the production process simultaneously with workers at stationary workplaces. Then in the employment contract it is possible to specify the working hours ( part one, art. 312.4 of the Labor Code of the Russian Federation). For example, set a five-day work 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, judicial 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 by exchanging 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 e-mail 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 an enhanced qualified signature is 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 of the Labor Code, but also the paragraph 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 an 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 a work book is sent to a remote worker with his consent by mail, a note must be made about this in the book of accounting for the movement of work books and inserts in them (clause , 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 of the e-mail in which the employee gives his consent to receive the 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. The software used for personnel records must 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 express courier services to send a copy of the termination order to the remote worker. Thus, organizations violate the procedure for sending mail established by 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 duly executed copy of the said order by registered mail with notification. 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.

Document	Will help you
Articles , 312.5 Labor Code of the Russian Federation	Understand the grounds for firing a remote worker
Labor Code of the Russian Federation	Recall the general procedure for terminating an employment contract
Parts fourth And fifth Art. 312.1 of the Labor Code of the Russian Federation	Find out in what order to familiarize the employee with the dismissal documents in electronic form

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.

Finding themselves in such circumstances, the 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, a 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 the standard application form.

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.

Holders of a digital signature have the opportunity to send a letter of resignation to the employer by e-mail. 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.