Useful Tips

If an employee is asked to leave work


Here are some simple tips to help smooth out a tense situation and get away beautifully and correctly.

Remember the scene from the series “Force Majeure”, or simply Suits, in which Rachel was suspended from work, suspecting the disclosure of the secrets of the company “Pearson & Hardman”? The accusation was unfair, and the heroine Meghan Markle, who, incidentally, was one of the best employees of the company, was offended and decided to quit after successfully completing an interview with her competitors.

Fortunately, the true traitor was revealed, and again we got the opportunity to immerse ourselves in an office romance (or not?) Between Rachel and Mike. But! It is difficult to assume that in real life there was such a happy end. And competitors usually do not hire people, especially lawyers whose name is at least somewhat tarnished, and it’s not easy to return to work without being pointed at by your finger. Or is it still possible if you try hard? How to get around the pitfalls when leaving work, with a clear conscience to switch to a new one, not become an object of discontent of the authorities and not be proactively dismissed according to the article, “having got to dinner” with the heroes of the film “I would be in heaven”?

Want to quit your job? Two weeks before the hour X, we are writing a notice of termination of the employment contract. We approach our leader and announce the news. The leader is an adequate and understanding person. He, of course, smiles sadly, but in any case supports you. All that remains is to work 14 days and you are free! Go to new horizons!

More like a fairy tale than reality, right? After all, everything in life is not so simple. And no matter how we quit - trying to do everything tactfully or leaving in English, smiling regretfully or referring to laws, it is not easy to avoid conflict or severe stress. So, all the pros and cons are weighed, you are determined to leave - what to do next?

We take into account corporate culture

Step one - we take into account the corporate culture of the company according to the dismissal rituals. You need to find out all the vowels and unspoken rules that are accepted in the company. Somewhere, formally, it is necessary to warn in two weeks, and somewhere, managers are asked to inform about their intention to leave the company in a month or even two. For example, when you are performing a complex and prolonged project. First, the company must have time to find a replacement, and secondly, you must have time to train a new person and transfer all the affairs. Consider all these factors and set the stage.

When do we warn you about leaving?

Here are two short stories showing how important it is to analyze company standards and rules and take into account the professional nature of the boss.

The first story. Nadezhda worked as a sales manager. She was offered a new job, but she could go out in two months. As an honest worker, she immediately warned her supervisor that she had been working for the past two months. And then it began ... ”Not for service, but for friendship, help with this project”, “Today you must definitely stay after work”, “There is no one else to replace, so I’ll ask you, Nadia, to marry Irina on the weekend”, ”Oleg got sick, we need to take his clients ”... And it was impossible to refuse, because the head began to gently hint at the dismissal already under the article ...

The second story. Olga worked in a large company as a prestigious project manager. A friend spoke about a new vacancy in a foreign company, where they offered a salary three times higher for a similar position. Olga went through an interview, and she was taken. Arriving at work the next day, she wrote a statement and said that the law works for two weeks. The supervisor was furious: “What two weeks? We have a serious project! Deadlines are burning! Who will finish it? Where will I find a manager in two weeks? ” But no arguments of the head did not act on Olga. What a surprise (to put it mildly) Olga was when the next day they called her from a new job and refused (the offer was not signed). It turned out that the head called this company and complained about the non-good employee. Well, a western company does not need a project manager who so easily abandons his projects.

These two straightforward, but absolutely real stories show that the moment of informing about leaving depends on the corporate culture of the company or the specifics of the activity in which you work.

We are looking for a new place carefully

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It's great if you already know where you will go to work further. Well, for example, you were “shadhantili” and offered a more promising place. But what if there are no offers? Most of us start looking for a new job, posting resumes on specialized sites. And there are two options, again based on accepted standards and corporate culture. First: you immediately warn the manager and calmly post your resume. Second: notify your boss when you have already found a new job. The second case is dangerous, because if the manager finds your profile earlier than you told him about it, or if rumors reach him, you cannot avoid conflict or resentment. Just remember that on most sites when filling out a resume, you can put a ban on viewing your profile by certain companies. But keep in mind that now competent HR-services of companies create several accounts. And if you put a ban on viewing “Your company”, do not be surprised that the profile “Your company-2” in the person of your manager or HR director can see.

Should colleagues talk about leaving?

It all depends on the relationship in the team. If you have close and trusting relationships in a team, then it’s worth saying, of course. But in practice, especially in women's groups, secrets behind seven seals never come out of this, and rumors instantly reach the head. The outcome is clear. Therefore, if you are not 100% sure of your colleagues, tell the news to them and immediately go to the head. And better first to the leader, and then to colleagues. Indeed, situations where the head does not learn the news from you are overshadowed by the process of dismissal by unnecessary claims, grievances, and even procedural obstacles.

We speak with the head

It is clear that any manager, having learned that he will lose a valuable employee, will be upset and not very pleased. Therefore, you must immediately tune in to a "difficult" conversation. At the same time, it is important not to say apologizing intonation, but to be confident and constructive. Do not hysterically throw an application on the table, it is worth explaining the reasons for leaving and promise that you will have time to complete all urgent projects and transfer all the affairs. There is a high probability that the manager, seeing you as an invaluable employee, will offer conditions that you simply cannot refuse. True, such a ride only once.

Compliment and thanks

If an employee is asked for an hour or two

If you need a couple of hours during working hours, you need a corresponding statement from the employee addressed to the head of the organization. You will say: why multiply pieces of paper, because you can verbally inform the immediate supervisor and that’s all? We believe that a statement is nevertheless required. On it, if the head agrees, the corresponding visa, signature of the head and date are affixed. In this case, the employee will be sure that his absence will not be regarded as a violation of labor discipline, and the employer will find out that the employee has been absent. An order is not necessary.

Absence is considered absent from the workplace without good reason during the whole working day (shift), regardless of its duration, as well as more than four consecutive hours during the working day (shift).

Judicial practice also speaks of the need for a statement. So, the employee was fired for absenteeism. Disagreeing, he went to court with a lawsuit for reinstatement, citing his demands by asking him to leave the director for work. The court, examining the case file, did not find confirmation of this fact, since the employee did not contact the employer with written statements about the need for absence, for example, on vacation without pay. Accordingly, the dismissal was recognized as lawful (Appeal ruling of the Krasnoyarsk Regional Court of the case No. 33-12406 / 2016).

Note that the absence of the application should be recorded in the timesheet, because the employer must keep accurate records of the hours worked by each employee. The period of absence is taken into account when calculating the salary of an employee.

Holidays without pay

As can be seen from the wording of the norm, the provision of such leave is a right and not an obligation, and if the employer considers the reason disrespectful, he can refuse the employee unpaid leave. However, it must be remembered that there are categories of employees to which the employer is not entitled to refuse. In particular, on the basis of a written application, the employer must provide the following leave:

  • working retirees of old age (by age) - up to 14 calendar days a year,
  • working disabled people - up to 60 calendar days a year,
  • employees in cases of child birth, marriage registration, death of close relatives - up to 5 calendar days,
  • in other cases provided for by the Labor Code of the Russian Federation, other federal laws or a collective agreement.
If an employee, without waiting for the approval of unpaid leave for one day, does not go to work, and the employer refuses to provide such leave, absence from work can be regarded as absenteeism (appeal rulings of the Krasnoyarsk Regional Court from case No. 33‑12406 / 2016, Rostovsky Regional court from the case number 33-14008/2016, etc.).

So, such a vacation is issued as follows:

  1. The employee writes a statement addressed to the head of the organization stating the date of vacation and the reasons why it is required. If the application is written for several hours, you need to specify specific hours.
  2. The supervisor puts on the application a visa “Agreed” or “Do not mind”, and in case of refusal to grant a vacation - “Refuse”.
  3. In case of agreement of the head of the company:
    • an order is issued for the provision of leave without pay (with such an order the employee must be familiarized with the signature),
    • fill out a personal card (form) - it is necessary to keep records of the number of days of unpaid leave, since the length of service for the provision of annual paid leave depends on it,
    • the time sheet is filled.
The question of paying for the day on which the employee is granted unpaid leave, disappears by itself, since everything is clear from the name of the latter.

Annual paid vacation

The vacation schedule is approved no later than two weeks before the new year, taking into account the opinion of the elected body of the primary trade union organization.

However, nothing prevents the provision of annual leave outside the schedule if the employee and the employer have agreed on this. We add that, as a general rule, vacation can be divided into parts, one of which is at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation). But the rest can be used as agreed by the employee and employer. Therefore, the provision of one day of annual paid leave is completely legal.

To arrange annual leave for one day (in the case of the consent of the employer) you need:

  1. Get a statement from the employee stating the specific day you want.
  2. Issue an order for annual leave.
  3. Make appropriate marks in the timesheet.
Note that in the case of registration of annual paid leave for one day, there may be difficulty in paying for the vacation. In particular, according to the rule of Art. 136 of the Labor Code of the Russian Federation, leave must be paid no later than three days before it begins. Moreover, this rule applies to holidays of any duration, for a day or two weeks the employee goes to rest - it does not matter.

Therefore, the provision of one day of annual leave is convenient if the employee knows in advance that he needs to leave such and such a date. However, in most cases, employees respond spontaneously, in the event of certain circumstances.

Labor legislation provides for several cases in which an employer must provide an employee with a day off for work outside working hours. (We present them as a diagram on page.)

The procedure for filling out leave is as follows: the employee writes a request for a day of rest indicating the reasons, for example, for overtime work or work on a day off. (Donors must attach a statement confirming the fact of blood donation to the application.) On the basis of such a statement, an order is issued with which it is necessary to familiarize the employee with a signature.

Of course, you need to make marks in the timesheet:
- additional days off without pay are indicated by the letter code "HB" or digital "28",
- rest day - by the letter code “ОВ” or digital “27” (additional paid day off).

When involved in overtime workBy virtue of Art. 152 of the Labor Code of the Russian Federation, the first two hours of overtime work are paid at least one and a half times, the next - at least twice. At the request of the employee, overtime work instead of increased pay can be compensated by the provision of additional rest time, but not less than the time worked overtime, while rest time is not subject to payment
When hired to work on a weekend or non-working holidayIn accordance with Art. 153 of the Labor Code of the Russian Federation, work on a weekend or non-working holiday is paid at least twice. At the request of the employee who worked on that day, he may be given another day of rest. In this case, work on a weekend or holiday is paid in a single amount, and the day of rest is not payable.
When a worker donates blood and its componentsAccording to Art. 186 of the Labor Code of the Russian Federation, if an employee went to work on the day of donating blood and its components, as well as on the day of the related medical examination, he is given another day of rest at his request. In the case of donation of blood and its components during the period of annual paid leave, on the weekend or non-working holiday, the employee is provided with another day of rest at his request. In addition, after each day of blood donation and its components an additional day of rest is provided.
For processing time within the work schedule when working on a rotational basisDue to the increase in working time and reduction of rest time during the shift period, employees usually accumulate processing hours, which are paid in the amount of the daily tariff rate, daily rate (part of the salary (official salary) per day of work). Processing hours that are not multiples of the whole working day can be accumulated during the year and added up to whole working days with the subsequent provision of additional days of inter-shift rest. Underutilized in this case hours of daily (inter-shift) rest, as well as days of weekly rest are summed up and provided in the form of additional days off from work (in the form of days of inter-shift rest) during the accounting period

If the employee is systematically repelled

There are workers who constantly need somewhere. Part-time workers can be assigned to such workers. Article 93 of the Labor Code of the Russian Federation allows this regime to be introduced by agreement between the employee and the employer when hiring or in the course of labor activity.

Compensation for part-time work is carried out in proportion to the time worked or depending on the amount of work performed. At the same time, work under such conditions does not entail any restrictions on the duration of the annual basic paid vacation, the calculation of seniority and other labor rights.

To establish part-time work, you must:

  1. Conclude an additional agreement to the employment contract, in which to prescribe a specific start and end time, duration of the work week and the period for which part-time is set. This document is signed by both parties to the employment relationship.
  2. Issue an order to introduce part-time work to a specific employee, indicating the reasons for this decision.
In addition, we note that the employer may propose the introduction of a part-time regime, and the employee may refuse, considering that it is more profitable for him to write applications with a request for unpaid leave. In this case, part-time cannot be set.

So, if employees occasionally ask for leave during working hours on personal matters, this must be documented, at least by applying with a management visa confirming permission to leave. If they are asked for a day or two, other options are possible - making a vacation, paid or unpaid. Если же работник периодически отпрашивается, например, каждые вторник и пятницу на определенное количество часов, может быть, стоит подумать о введении для него режима неполного рабочего времени.