If forced to write a letter of resignation. Can they force you to quit your job? Forced dismissal as a pervasive phenomenon

Naturally, this does not mean dismissals related to violations of labor or production discipline. If an employee expresses a desire to terminate the employment relationship for personal reasons, then the amount of benefits and compensation paid to him is minimal. He loses the right to receive annual and quarterly bonuses, severance pay, and so on. Therefore, from a purely financial point of view, the employer from dismissal own will the employee wins, and sometimes quite large sums. This reason is quite serious, but most often it does not act as the main one when the boss forces the employee to write a statement of his own free will. Most often, the main reason is the unwillingness of the employer to have this particular employee. Getting into the category of "objectionable" can be explained by many factors.

The employer forces you to quit your job. what to do?

Since the trial of the case on illegal dismissal can last up to several years, in case of loss, the employer may suffer serious material losses. The employment center helps to find new job and pay an allowance during the search.

Attention

Find out about applying to the labor exchange for redundancy. Forced dismissal as a spreading phenomenon Today, employers avoid direct dismissal of employees "under the article", and try to force the employee to quit at their own request. If an employee violates the terms of an employment contract, voluntary dismissal will be the best way out for him, but often employers try to reduce staff by forcing employees to quit.

What to do if you are forced to quit of your own free will

In a situation where there is psychological pressure, the manager may face administrative punishment if the employee goes to court. If the authorities were not afraid to resort to physical or psychological violence, it would not take long to wait for the opening of a criminal case.

Important

Even for ordinary insults, the boss can respond with an administrative penalty under Article 5.61. If the authorities managed to force the worker to quit, the actions should not go unpunished - you should contact all possible organizations that can help:

to the Labor Inspectorate;
to the prosecutor's office.

Litigation, which can last several months, if the authorities are found guilty, can benefit the dismissed.

Do not rush to quit "of your own free will"

Info

WHY DO EMPLOYERS DO THIS? Obviously, the main reason is the desire to get rid of an objectionable employee. Those. if you are asked to write a letter of resignation of your own free will, then, first of all, the employer wants your employment relationship to end.

About why, according to the employer, they should stop exactly at your request, will be discussed below. It should also be noted here that getting rid of formal encroachments on your labor relations does not allow solving the main problem - the unwillingness of the employer to continue labor relations with you.
From the point of view of the labor code, there are two different grounds for terminating an employment contract: at the initiative of the employer and at the initiative of the employee. The difference is obvious - whoever wants to terminate the employment relationship, he initiates the dismissal.

Coercion by the employer: dismissal "not of one's own free will"

The optimal amount of compensation is considered to be three monthly salaries, since this is how much the employee will receive upon reduction, having worked for another two months after receiving the notice and receiving a payment in the amount of one monthly salary during the calculation. If it was not possible to agree with the employer on the payment of compensation, it remains only to demand an official reduction in the position.
About the release date work book Read more about retirement here. Documentary evidence of forced dismissal If an employee decides to collect documentary evidence of forced dismissal of his own free will to draw up a statement of claim, it must be understood that it is not easy to prove the fact of coercion in court.
When the application has not yet been written, it is better to follow the advice that was mentioned above.

What to do if the employer forces you to quit of your own free will?

As a result, you can get good compensation, as well as restore your reputation if the manager nevertheless fired you for imaginary absenteeism or for other violations of the employment contract. Please note that if you still write a statement, and the leader did not threaten you with violence or death, or there is no evidence of this, then it will be almost impossible to prove your case.

5 Write the statement incorrectly if you have the opportunity to do so. For example, do not write that you are resigning on your own initiative or of your own free will: the absence of such wording will lead to the fact that the court recognizes the resignation from work as not voluntary. Write that you are asking to be relieved of your post, but do not mention the termination of the employment contract.

The employer forces you to quit of your own free will: what to do?

Collect evidence that you are being forced to write a statement of your own free will. In particular, you can try to record your conversation. If an employer threatens an employee not just with dismissal for absenteeism or non-compliance, but with beating, murder, etc., it is enough to contact the police and ask them to take action. For example, your phone can be wiretapped, and you can prove the guilt of your employer. You can also state that you were in serious condition at the time of dismissal. financial situation and did not have another job, which would make your application illogical from the point of view of the court. 4 Contact an experienced lawyer. He will help you collect the necessary evidence, and will also protect your rights in court.

What to do if you are forced to quit "of your own free will"

If you don’t have the strength to resist the employer, then you should write a letter of resignation of your own free will, having previously prepared for reinstatement at work in court. To do this, stock up on evidence of the "forcedness" of your "voluntary" dismissal.

For example, you can record your conversation with your employer on a dictaphone, and it is important that the dictaphone record records threats or other pressure on you from the employer. You can provoke the employer to talk in the presence of colleagues or other persons who can later testify in court session(at the same time, do not rely too much on colleagues, since a rare employee will agree to testify against his employer). Having received evidence, you can write a statement. After the dismissal is made, you should go to court.
You can negotiate with the employer and quit by agreement of the parties, which will make it possible to receive additional compensation and benefits. Another scenario is more suitable for those people who value this particular work and are satisfied with everything in it.

They should talk to management and try to figure out the real reason why they want to break up with them. It is possible that something will have to be changed in one's habits or even in character, it may be necessary to apologize for words spoken long ago or actions taken.

A definite plus for a person will be the presence of high qualifications. As a rule, management tries to keep such specialists at work.

It is possible to enlist the support of the trade union, which in some cases is a very effective measure.

If at work they are forced to write a letter of resignation

And therefore, the possibility of a particular leader to influence the results of certification in his favor is reduced to almost zero. For an unscrupulous employer, the certification mechanism is useless, and therefore unavailable. About the job description The basis of the foundations of any work activities - job description. However, not every employee has it. And in this regard, a logical question arises: can management take advantage of its absence, intending to fire an objectionable employee? Dismiss and refer to the fact of the absence of such instructions? Experts in the field labor law argue: the job description, according to the provisions of the current legislation, is not a mandatory document. In controversial issues, you can build on any other internal document that spells out production functions employee.

And yet, if dictaphone recordings are available, it is better to provide them at the court session. Even if they are not attached to the case, but only heard, this may affect the formation of the judge's inner conviction on the issue under consideration.

So it's worth making a request like that. What threatens the employer, forcing to write a statement of his own free will? If, after the demands for dismissal, the employee wrote an application to labor inspection, the management of the enterprise should prepare for the procedure of personnel verification. And in the personnel of any organization, everything is rarely in order.

This means that responsibility (administrative) cannot be avoided. The law does not leave the employer a chance to seek dismissal "of his own free will" by legal means.

Any of the measures taken in this direction will be illegal.
You need to take the following actions:

Do not violate the employment contract. Even minor delays or violations of the work process in such a situation can serve as a reason, if not for dismissal, then for psychological pressure, so the employee must adhere to the following rules:
- come to work on time and not linger at lunch break,
- ask the employer for written instructions and report in writing on the results of the work,
- if you need to leave work for a good reason, be sure to write a corresponding application and wait for the approval of absenteeism by your immediate supervisor.
Do not succumb to the persuasion of the employer.

What to do if the employer decided to refuse your services in a simple way - he offered to write a letter of resignation of his own free will?

According to current legislation the employment contract can be terminated and, and. List of cases when an employer can terminate an employment contract, limited by law(Article 81 of the Labor Code of the Russian Federation of December 30, 2001 N 197-FZ).

It becomes clear that no matter how carefully we look at this list of these circumstances and Labor Code in general, we will not find even a hint of the possibility of forcing an employee to quit of his own free will.

The employer has no legal grounds to compel the employee to such actions.

However, now such an illegal way of dismissal is very common - the employee is invited to write if for some reason he has become objectionable to his employer.

What to do if the boss forces you to write a letter of resignation of your own free will?

Of course, you can refuse to write a statement and continue to fulfill your labor functions. However, here no one is immune from what is called "survival".

There are different ways to “survive” an employee from work - here they use psychological pressure, and bonuses under a variety of pretexts, and tightening control over activities, etc.

How to get out of the situation?

First of all, you need to answer the question for yourself - what result do you want to achieve in the end? There are not many variations here.

Your goal is to stay in the job you love

In this case, you need to ask the employer about the reasons for his decision. It often happens that in a forced position it turns out that she is preparing to go on maternity leave. In this case, the employer may seek to get rid of the employee for fear that the company will incur costs. In fact, the employer will not bear any losses directly - all the woman will be paid from the Fund social insurance.

It would be useful to remind the employer that for the unjustified dismissal of a pregnant woman, criminal liability occurs under Art. 145 of the Criminal Code Russian Federation.

If the employer has given another argument in favor of your dismissal, try to easily refute it. So, you can refer to the fact that now it is very difficult to find a suitable candidate in this area, and you are a highly qualified specialist and for several years (months) of work you have adapted to the working rhythm of the company in the best possible way.

If you still couldn’t agree with the employer, then you can write a letter of resignation of your own free will, and then immediately go to court with a lawsuit about.

A claim for reinstatement at work can be filed with the district court at the location of the organization (or at the location of any of the branches of the organization, or at the place of work) no later than 1 month from the date of dismissal.

You should hurry, because otherwise you will have to prove to the court the validity of the reason for missing the deadline.

In such disputes, the worker freed up from all court costs, as well as from the payment of state fees. In addition to the claim for reinstatement, it is advisable to include in the claim a claim for compensation for moral damage with a detailed listing of moral suffering.

However, often after the restoration, the employee feels that they are still trying to “survive”, and quits on their own. Therefore, evaluate possible risks for the nervous system. Perhaps you decide to act in a different scenario.

You are ready to quit, but you want to benefit for yourself

To do this, you should contact the employer with a statement about, provide an annual paid salary, if necessary, get a characteristic that may be useful in the future, etc.

You can file a pre-trial claim with the employer about where you offer the employer to voluntarily pay the amount you have assigned. But unfortunately, this mechanism rarely works in practice, and for the recovery of appropriate compensation, you have to go to court.

Problem

Good evening!

The situation is very complex and confusing, I hope you will help me to correctly draw up a statement to the prosecutor's office and achieve justice.

So, the situation: I work as an assistant manager in an insurance company. there were no complaints about my work, no memos and others. On July 21, I came to work an hour before the start of the working day. but, after half an hour, she left, warning CEO(my immediate supervisor) that an emergency happened at home and I had to leave work. She warned the Deputy State Duma for personnel, provided a replacement. In the middle of the working day, a personnel officer calls me and says that the State Duma requires my application for administrative, to which I replied that there was never a problem when we came the next day and wrote backdated. (Apparently the leadership went on principle). As a result, the personnel officer and I agreed that they would write an application for me and give it to the State Duma, supposedly I wrote the application, respectively, they signed the application for me with my signature. The State Duma signed this statement with a resolution, they say, in an order on administrative leave. (I do not have a copy of this statement).

The next day I went to work, to which they tell me to hand over the cases and release workplace, while writing a statement of their own free will. I say, ok, but then with the payment of compensation, which is usually paid by agreement of the parties to the employee. during the day I handed over all the cases, accounted for all expenses and partially signed the bypass sheet. I wrote the application, but did not give it to the management, because wanted to wait for approval of my conditions. At the end of the working day, the Deputy State Duma informed me that they would not pay me anything, to which I replied that then I would not write any statements and would go to work tomorrow. the next day, July 23, I went to work as usual. I was summoned to a meeting by the deputy for personnel and the deputy of the State Duma for business development, where I was forced to write in my own way, to which I again put forward my conditions regarding the agreement of the parties and compensation. I was told that they would not pay any compensation, because they were allegedly not satisfied with my work and they would hold a commission on the work I had done, to identify shortcomings, in order to fire me under the article for inconsistency with my position. (Apparently they are not familiar with TC at all). to which I replied that ok, make commissions, I will not write anything. They began to press with the pretext that I would ruin all my work and that they would give me bad recommendations. they also said that now, since I do not agree to write a statement, they will transfer me to another workplace, because. The DG does not want me to be at my workplace. (I recorded this conversation on a dictaphone). as it turned out, I had already made a record in my employment record that I was dismissed of my own free will on July 21.

After the meeting, I went back to my room, sat down at my workplace and continued my work. the HR deputy approached me and said that now they would transfer me to the reception at the call center and the girls would explain my duties to me, to which I replied that I would not do work that was not included in my labor obligations provided for employment contract, to which the deputy for personnel said to me: "well, we now have an order to transfer to new position let's do it", I retorted: "according to the Labor Code, you are obliged to notify me 2 months in advance about the transfer to a new position and I have the right to refuse!".

she could not find anything to answer and sat down at my workplace (she was put in my place), I was nearby. At lunchtime, I went home and, on a nervous basis, I had a relapse with my back, it entered my back, which I had to call an ambulance and go on sick leave. pressure from work still continued for me to write a statement. I am on sick leave until August 19 (the back is such a thing), and on August 20 I have to go to work. Recently, a lawyer from work called me and said that she was forced to sign a protocol on my absenteeism and that I was replaced by new person, but she was issued for the position of assistant manager. as it turned out, they hid the application for an administrative complaint with the resolution of the State Duma, and they expose the situation that supposedly I did not write anything and there were no statements.

I plan to write a statement to the prosecutor's office that I am being forced to write a statement of my own free will, and in the future I will also go to court.

Naturally, I no longer plan to work there, but I hope justice will prevail.

please help with writing an application to the prosecutor's office indicating the correct articles, as well as advise on the situation. how much is she winning?

As for the possibility of dismissal for absenteeism, first of all you should have been required to provide an explanation. If you are fired for absenteeism in violation of the law, you will be able to challenge this dismissal in court, recovering from the employer compensation for moral damage and payment for the time of forced absenteeism.

As for the fact that you are planning to “write a statement that I am being forced to write a statement of my own free will,” this is a very right step. The expert of our site, Victoria Kochetkova, especially for such cases, developed an algorithm on the topic: Forcing people to quit of their own free will, instead of being fired due to a reduction in the number or staff http://taktaktak.org/document/15217. I advise you to carefully study it, as it contains a sample application to the employer.

I also recommend that you read the solution to similar problems:

What to do if the employer hints at dismissal of his own free will? http://taktaktak.org/problem/19074

At work, they force you to quit of your own free will http://taktaktak.org/problem/10383

The Judicial Collegium for Civil Cases of the Russian Armed Forces came to the conclusion about the illegality of the dismissal after studying the application of a resident of Kogalym, who left for another region during her annual paid leave, where she fell ill and could neither return to work on time nor report the incident.

If you have to write an explanatory note, then I recommend that you do it, write in detail, specific facts. To help you, I offer a small Instruction from one of my local normative act which is designed for workers .

Explanatory note- a document explaining the reasons for any action, fact, incident, compiled by an employee and submitted to a higher official. An explanatory note is drawn up on a standard sheet of paper and addressed to a specific official. Details of the explanatory note are: name structural unit; name of the document type; date, title to the text; destination; text; compiler's signature.

Before applying a disciplinary sanction, the employer must require the employee written explanation regarding committed and detected misconduct, in which the employee will describe the situation - date, place, time, reasons, circumstances. When writing an explanatory note, the employee is recommended to answer the following questions:

1. Was there a violation;

2. What is the fault of the employee: intentional, negligent, no fault of the employee;

3. Circumstances of the violation, its causes;

4. The presence of witnesses;

5. The attitude of the employee to the violation;

6. The attitude of the employee to further work.

If, after two working days, which are considered from the date following the day the claim was made, the specified explanation is not provided by the employee, then an appropriate act is drawn up.

The employee's refusal to give an explanation cannot serve as an obstacle to the application of a disciplinary sanction.

Disciplinary sanctions are applied by the Employer no later than one month from the date of its discovery, not counting the time of illness or the employee's vacation, as well as the time required to take into account the opinion of the representative body of employees.

A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or audit- later than two years from the date of its commission. The above time limits do not include the time of criminal proceedings.

Disciplinary sanctions are applied by order of the General Director on the provision of the immediate supervisor of the employee. The order must be accompanied by explanations of the employee, acts, certificates and other documents confirming the fact of misconduct and the guilt of a particular employee.

For every violation labor discipline only one can be applied disciplinary action.

When imposing a disciplinary sanction, the severity of the misconduct committed, the circumstances under which it was committed, the previous work and the behavior of the employee must be taken into account.

An order to apply a disciplinary sanction, indicating the motives for its application, is announced to the employee subjected to the penalty against signature within three working days from the date of its issuance. If the employee refuses to sign the specified order, an appropriate act is drawn up.

If within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction.

In general, your employer, with regard to documents, he does the right thing, it will be a mistake if he does not request an explanation. And here the deadlines in which he must meet in order to apply a disciplinary sanction to you are important, I indicated these deadlines.

I explained everything to you, let's not invent anything else. The package of documents about your absence may be different. This may not be an act, but, for example, only a memorandum from your immediate supervisor, a time sheet and your explanatory note. Or maybe a memorandum from the immediate supervisor, an act of absence from the workplace, a report card, your explanatory note. Or maybe an act of absence from the workplace, i.e. even a report is not needed, a time sheet, your explanatory note.

And all this as a result can be formalized by an order for punishment, it will either be a remark, a reprimand or dismissal for absenteeism. And before the order, for example, there may be another Act where the employer, having studied all the documents, comes to the conclusion that you should be fired for absenteeism, and after that the order is already issued.

So that your employer collects the correct documents, the main thing is that he still meets the deadlines and that's it. And the fact that he will ask you for an explanation after your "truancy" in a day, a week, 20 days, it does not matter.

Everyone can find themselves in this situation - an offer to quit comes unexpectedly and almost always a person agrees to write a statement. Why the employer does not dismiss an unwanted employee under the relevant article and what is forced dismissal.

Try to simulate the situation. You have permanent job, with which you have been coping well for more than one year. You put knowledge, effort into your work, you worry about the results of your work.

You plan all your affairs based on the fact that your source of income is constant - you are going on vacation to the sea, investing in the construction of a summer house. And suddenly, quite unexpectedly, a threat appears in your life that can destroy all your plans.

Your manager invites you into the office and informs you that the firm appreciates your efforts, but no longer needs you. You are invited to apply "of your own free will". A measured calm life is destroyed in one moment, and the only question persistently sounds in my head: “How to live on ?!”. It looks like a disaster...

No one is immune from such situations - neither a conscientious experienced specialist, nor a person who has faithfully served the common interests for many years. There may be several reasons. In your place, there may be a person who suits the authorities more (son, brother, matchmaker, mistress, in the end). The economic situation may change, reorganize technological process, there is a conflict with management. Often the tyranny of your boss can be the cause.

Be that as it may, situations where management receives an unreasonable offer to write a statement “on their own” are not at all uncommon. The usual reaction is tears, soothing drops, a scandal... We consider this behavior unconstructive and suggest considering civilized options for getting out of the current circumstances.

The Labor Code of the Russian Federation contains several articles relating to the dismissal procedure. We will consider only those that are related to the employer's insistent desire to dismiss an employee under article 77, paragraph 3 (own desire) or article 77, paragraph 1 (agreement of the parties).

The legislation provides for the possibility of dismissing a negligent employee, so why does management so often prefer to dismiss a person of their own free will? It's simple - to dismiss a delinquent employee, you need evidence of guilt, an internal investigation, evidence of malicious intent, etc.

All these actions require qualified professionals who understand not only labor law, but also have experience in litigation for labor disputes. Documents for dismissal must be prepared flawlessly, otherwise the court will not take the side of the employer in the proceedings. Therefore, bosses try to make life easier for themselves by offering a way out that suits them. It seems that everything is according to the law - the person wanted to quit and filed an application. But everything is not so simple.

Anyone who has had to face a similar situation should know that there is such legal concept as a forced dismissal. The task of a person who has been subjected to such coercion is to get out of the current situation without loss. And, perhaps, to receive some compensation for moral damage.

Options for getting out of the situation

So, if the boss insistently suggests applying "on your own", you have two options for responding. The choice depends on the goal you are aiming for. Remember that in this situation you should only think about your own interests, and not about the impression that you will make on your boss, team or someone else.

First option

You consider all the boss's claims unfounded, you have reason to believe that he had a nervous breakdown or a fit of tyranny. You have decided to stay at your workplace.

Be patient, which will come in handy when you smile at your boss every morning and politely answer his question about the application. Remaining calm, firmly explain to your boss that you like your work, and convincingly prove that you are good at your tasks.

If there were “jambs” after all, explain their reason for their appearance and promise to work on the mistakes. Ask for advice on how to fix the situation. Notify your manager that your plans do not include a job change in the near future, so you will not write a statement. This is an example of how to communicate with a boss. Further actions depends on how long you can protect your interests. Quite often, the issue of dismissal gradually subsides without meeting support from the employee.

If the pressure is strong enough, and it becomes clear that you will not be able to resist it for a long time, collect facts to prove the involuntary dismissal of your dismissal. Audio and video recordings of conversations with the head, testimonies, copies of memos outlining the situation registered in the office - all this will be the necessary factual material.

If the dismissal does happen, you can pretty much get on your former boss's nerves, recover on the spot, earn money for the days of forced absenteeism and compensation for mental suffering. It will take time and effort, but you will surely win the trial. Sane employers know this and try to avoid such a development of events.

Second option

The offer to apply was unexpected, although you yourself have already thought about changing jobs? No signs of joy! Calmly find out the reasons for such an offer, agree with the fact of dismissal. The only "but" - the dismissal should not occur of their own free will, but by agreement of the parties.

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