What should I do if I do not get fired?

Let's turn to the Labor Code, more precisely - to Article 80, which refers to the termination of the employment contract at the initiative of the employee (that is, dismissal at will). If you need resign oneself, you warn the employer about it in writing at least two weeks before you leave.

Thus, from the day the employer received your application for dismissal, you must work for two weeks, and When the term of the notice of dismissal expires, you have every right not to go to work any more. On the last business day, the employer is required to issue you a work record card and other job-related documents for your written application, as well as a final settlement.

Some employers when applyingthey refuse to dismiss the employee of their own free will. But this is illegal: the very phrase "termination of an employment contract on the initiative of an employee" indicates that the employer's opinion here does not matter. With your application, you do not ask for permission to leave: you just put it before the fact in advance, that in two weeks he found you a replacement.

What to do if you do not fire? First you need to record the fact of application, having registered it in the personnel department or office and necessarily making a copy. But it happens that the application is refused to register.

In this case, you need go to the post office and send an application to the address of the company with a valuable registered letter with a notice of delivery and an inventory of the attachment. Then you will have two documents in your hands,confirming that you have notified the employer of your dismissal: a receipt for the dispatch of the letter, and after receiving the letter by the addressee, a signed mail notification.

Please note that in this case two weeks of work will not be calculated from the moment the letter is sent, but from the moment it is received by the addressee. Therefore, count 14 days from the date of notification of receipt of the letter by the addressee - if you do not go to work earlier, it will be regarded as a truancy.

Let's say you have accepted the application, on the last working day you come for a work book and a calculation, but you refuse to issue the due money and documents. What if they do not fire finally, that is, they refuse to calculate you and release you on all four sides?

If they do not give up the labor one, there are two ways to solve the problem: the labor inspection and the court. To start write an application to the labor inspectorate, within a month it will be considered, after which the inspection will issue instructions for the elimination of violations of the law, binding for execution.

Then your employer will have two choices: either to give you a work record, or to be punished by a fine or disqualification. Sometimes it is enough to threaten the labor inspection, and before the application it does not reach.

You can also To sue in court for depriving you of the right to work (because without a work book you can notto conclude an employment contract with a new employer, because it is included in the list of mandatory documents for employment). You can demand not only the return of the work record, but also the recovery of compensation for the delay of the documents.

So, if not dismissed at will, the law on the side of the employee: not to terminate the employment contract have no right. In this case, it is necessary to fix the fact of submitting the application by one of the methods described above, to work for two weeks, and then to demand from the employer the calculation and documents - if not in a good way, through the labor inspection or the court.