How to legally mail a resignation letter

Normative base

In the labor legislation of the Russian Federation there is no prohibition on terminating an employment relationship at one’s own request by sending a letter. On the contrary, regulations establish the procedure for terminating employment relations in a similar way.

So, in Art. 80 of the Labor Code of the Russian Federation states that an employee is obliged to notify management of his intention to resign in writing two weeks in advance. But there is no rule indicating that this must be done in person, that is, you can send a letter of resignation by mail.

In Art. 84.1 of the Labor Code of the Russian Federation states that after an application from an employee is received and a dismissal order is issued, it is mandatory to familiarize the person leaving with this document. But since an employee who decides to resign remotely may be absent from work on the last working day, this should be noted in the order.

After which the document is sent by mail to the employee.

According to the norms of the same article, the employee must be given a work book at the time of dismissal. If it is not possible to do this within the time limits specified by law, the employee needs to be sent a notice that he needs to come for the book or that he must give permission to send the specified document by mail.

When does the countdown begin?

IMPORTANT!
The mandatory two weeks before the day of dismissal are counted not from the moment the application is written, but from the date the letter is received by the addressee.

In the case of personal delivery of an application to the company administration, the employee can know the date of its acceptance, but when sending a document by mail, it is almost impossible to predict the delivery time, as well as the likelihood and duration of the delay (you can try to calculate it from the delivery date on the notice that is returned to the sender). To avoid problems in this case, it is worth sending the notification in advance or, instead of the date, indicate “after 2 weeks from the date of receipt.” Thus, dismissal by mail will occur within the time limits established by law. The two-week norm can be ignored if the employee cannot continue to perform work duties for reasons beyond his control.

In what cases is it allowed

At the legislative level, there is no established list of circumstances under which the right to resign remotely appears. The decision on this method of ending cooperation is made in accordance with the agreement between the employee and management.

Production practice shows that the grounds for such termination of employment relations may be the following:

• moving to another locality to care for a sick family member or due to the transfer of the husband, who is a career military man, to another unit;
• remote location of the main office of the enterprise;
• the decision to end the employment relationship was made during maternity leave or in another city;
• serious deterioration in health, interfering with the performance of official functions and free movement;
• conflicts at work and hostile relationships with some colleagues;
• personal reasons.

Thus, if the management of the organization has agreed, then you can resign by mail, indicating any valid reason.

But sometimes difficulties may arise, for example, persons with financial responsibility will have to visit the workplace to transfer material assets.

Formatting and sending a notification

What the structure and content of the document should be is not specified in the legislation. But a correctly completed application must contain the following details:

• last name, first name, patronymic and position of the person the employee is addressing;
• organization data;
• surname, name, patronymic and position of the resigning person;
• document title;
• notification text;
• date of writing;
• employee signature.

All text can be handwritten or typed. If the second option is chosen, then it should be noted that the signature and its transcript must be filled out manually.

The easiest way is to send a fully completed application for resignation of your own free will by mail with notification of delivery to its addressee, and the sender will be given a receipt that confirms the sending of the letter and contains the date of its acceptance by the post office. It is best to send the document by registered mail, and you should also not neglect the preparation of an inventory of the attachment.

Preparing a resignation letter for the purpose of sending it to the employer by mail

The right to dismissal on his own initiative is given to the employee by virtue of Art. 80 Labor Code of the Russian Federation. Dismissal is made by the employee submitting an application addressed to the employer.

The form of the application and its content are not defined by law; accordingly, the employee is given a certain freedom when filling out the document. It can be filled out either by hand or on a computer. The main condition is that the application be certified by the signature of the person leaving, which confirms the fact that it was written by him. Otherwise, the application is anonymous and cannot serve as a basis for dismissal.

The reader can read about how to fill out an application in our article , which is devoted to the issue of voluntary dismissal. The publication also contains a link to download a sample application.

The only peculiarity of filling out the application, which is sent by mail, will be an indication of a different procedure for calculating the period for warning the organization’s management about the dismissal of an employee. This is due to the fact that the application is not sent to the employer immediately; the period from the moment the letter is sent to the date it is received by the addressee takes a certain time.

Important! Sometimes the employer’s notice period for dismissal is mistakenly called the “work period.” The Labor Code of the Russian Federation does not contain such a concept, therefore “working period” is not a legal term. It is correct to say: “term of notice of dismissal.”

It is recommended to indicate the date of dismissal in the application as follows: “I ask you to dismiss me of my own free will after 14 days from the date of receipt of the application by mail.” Let us remind you that the notice period begins to run from the next day after delivery of the application to the employer.

The second option is to indicate the date of dismissal “with a reserve”, for example, a specific date that will occur one month after the letter is sent.

Dating of the document and period of processing

According to Art. 80 of the Labor Code of the Russian Federation, an employee who decides to quit must notify the employer at least two weeks in advance. Accordingly, it is important to determine when sending an application by mail what dismissal date to set.

Two weeks of work begins the next day after the employer receives the notice, and the date of receipt is considered the day on which the incoming document was registered. Thus, you should at least approximately calculate the day the letter was received by the addressee, add at least fourteen calendar days to it and indicate the resulting date in the application.

The work period begins the next day after the employer registers the letter. Before its end, the employee has the right to withdraw the notice, thereby refusing dismissal. And in this case it is impossible to fire him. Exceptions are situations in which, during the same period, another person is invited in writing to fill the position of the resigning person. According to labor laws, this person is prohibited from refusing employment.

If the date of dismissal is not indicated in the document, then the employment contract is terminated two weeks after the employer receives the document. If the date of dismissal is specified, but:

• the application was received more than fourteen days before it, then the employee should be fired on the day designated by him;
• the document was received after the specified date, then the person cannot be fired on the day specified by him, since this is prohibited by the Labor Code of the Russian Federation.

The notice period established by law protects the rights of both the employer and the employee. It provides the employee with the opportunity to abandon the intention to terminate the employment relationship.

When to fire

In the case of remote notification of resignation to the employer, what matters is the date the letter was received by the organization, and not the date it was sent, so when answering the employee’s question of how to send a resignation letter by mail, draw his attention to this circumstance. So, the two-week “working” begins on the next calendar day after the employer receives the application. If the letter was sent on December 1, but arrived at the company only on the 15th, then the countdown of the two-week period will begin on December 16, and the date of dismissal will be December 29.

Labor legislation also provides for situations where an employee has the right to resign at a time convenient for him. In particular, such cases include admission to a higher educational institution, retirement, detection of violations of the law by the employer, etc.

Let's consider specific cases of determining the date of dismissal.

Possible problems

When sending a document by mail, you may encounter various problems. Thus, the letter may not reach the addressee or may be returned to the sender. In such situations, it is important to know what actions to take to protect your interests.

The shipment did not reach the employer

It happens that the letter does not reach the addressee. In this case, the employee will have to prove that the document was actually sent, and for this it is necessary:

• send a registered letter with notification;
• fill out the investment inventory.

If the addressee refused to receive the shipment, then you should take a confirmation from the post office indicating this fact.

It will help confirm that the employer has been notified of the employee's intention to resign. This means that after the expiration of the notice period, the employee can consider himself dismissed. In addition, at the same time, the employer begins to bear responsibility for the untimely issuance of the work book and delay in payment.

In cases where the employee completed all the required procedures as needed, but the letter did not arrive, then the blame falls on the Federal State Unitary Enterprise Russian Post. Since the employer, on the employee’s last working day, must familiarize him with the dismissal order against his signature, hand him a work book, and also fully pay the resigning employee, the person has the right to stop working as soon as the notice period ends. Otherwise, the contract will be extended.

The letter was returned to the sender

When using the remote method to complete an employment relationship, you should keep in mind that sometimes letters are returned to the sender. This means that an application sent by mail can also be returned.

This usually happens for the following reasons:

• return upon shipment;
• an error by the employees of the post office that serves the addressee;
• conscious refusal by the employer to receive the letter.

If the document is returned, then the quitter needs to find out from the employer and postal operators the reasons for the return, and then try to resolve the issue with management in his favor. If the employer refuses to terminate the contract, it is necessary to send a notice by telegram or repeat the procedure for sending it by registered mail. If the employer refuses to receive the document, the delivery date will be stamped at the post office.

The countdown of the two-week period begins on the next day after the date of delivery of the letter. If, after the expiration of the notice period, the employer does not issue a work book and final payment, then they can be claimed through the court.

How to quit your job remotely at your own request?

Termination of an employment contract is carried out remotely according to the standard algorithm regulated by Art. 84.1 of the Labor Code of the Russian Federation and Art. 140 Labor Code of the Russian Federation:

• the dismissal procedure is initiated on the basis of a written application from the employee;
• a corresponding order is issued, with which the employee must be familiarized;
• records of dismissal are entered into the employee’s personal card and work book;
• A settlement is made with the citizen and working documentation is issued.

However, remote termination of employment relations is characterized by peculiarities of paperwork and their exchange between the parties.

How to make an application correctly?

The application is filled out arbitrarily; there is no standardized form. The following data must be entered:

1. information about the employer - name of the organization, full name of the manager, position;
2. Full name of the applicant, position;
3. request to resign at your own request;
4. Date of completion;
5. personal signature.

The day of dismissal is indicated at will, taking into account working hours. The countdown begins from the day following the date of writing the application. If work is not required, the employee sets the day of dismissal at his own discretion.

For example, an employee worked for an organization on a probationary period. From January 23, 2020 to January 31, 2020, he was on sick leave and at that time decided to resign remotely. On January 24, 2020, he emailed his employer a resignation letter, certified by an electronic signature, with the consent to send the work book by mail.

Since the work in this case is 3 days and the sick leave period is included in it, the employee indicated the date of termination of the contract as 01/27/2020. The dismissal was carried out remotely, a copy of the order and work record book were sent to the employee by mail. Payments were transferred to a bank account.

If the application is sent to the employer by regular mail, it is not advisable to set a dismissal date. The day of termination of the contract is determined after the actual delivery of the paper to the organization. If there is a working period, it starts counting from the next day after the employer receives the letter.

• If there are compelling reasons to terminate the working relationship without working off, they are indicated in the application.
• It is also recommended to indicate your consent to sending the work book and other documentation by mail and indicate the address. Only in this case the employer has the right to transfer the papers remotely.

It is also recommended to indicate the payment details where the payment should be transferred.

To confirm the authenticity of the application, it is recommended that the employee’s signature on it be notarized.

If there are no grounds for canceling work, the employee does not have the right to refuse work and not go to the place of work or perform his job duties while working remotely. Otherwise, it will be regarded as truancy and the contract may be terminated under the article for a disciplinary offense.

If the employee works after the official date of dismissal, the application is invalid and the employment contract continues. Therefore, during a remote procedure, it is important to correctly establish and confirm the date of termination of the contract.

How to send paper by registered mail with notification?

You can send your resignation letter to your employer via Russian Post. The paper is sent to the legal address of the organization by registered mail with a description of the contents and acknowledgment of delivery.

The document confirming receipt of the application by the employer should be kept - it confirms that the employer has been informed of the resignation and the basis for starting the countdown of the working period (from the next day after the date of delivery of the paper).

It is especially important to record the time of delivery of the letter if the employer does not want to fire the employee. After the notification period specified by law, a citizen has the right not to go to work, even if the organization’s management disagrees.

If the addressee refuses to receive the sent application, you must take confirmation from the post office.

It will serve as proof of fulfillment of the obligation to inform the employer of your resignation.

How to submit by email?

The application for dismissal is allowed to be submitted to the employer by e-mail, provided that the employee has an electronic signature. If there is no digital signature, the document cannot be considered authentic , and the employer may not accept it.

The application is completed in a standard manner; in addition, it indicates the method of obtaining working documentation and the bank account number for transferring payments.

If an employee compiled and signed an application manually, and then scanned it and sent it by mail, the employer may not consider it.

To formalize the dismissal, you will need the original paper. In practice, if you have a good relationship with the HR department, you can agree and first send a scanned copy of the application with the required date, and then bring or mail the paper original.

When submitting a completed and certified application, it is important to check that the organization's email address is correct.

The employer did not receive a withdrawal of the application

During the service period, the employee can change his decision and send a letter to the manager withdrawing his resignation letter. Sometimes such a letter is late, that is, it arrives at the addressee after the order has been issued.

In such cases, the legality of the employee’s dismissal is determined based on the date of receipt of the letter of revocation.

If the manager receives a review after the warning period has expired, then the dismissal is considered legal. But to do this, the employer must have time to make the final payment, issue the employee a work book, as well as other necessary documents.

By carrying out all these procedures on time, the employer will be able to avoid the unpleasant situation in which the employee will have the opportunity to send a withdrawal of the application at the last moment. Thus, all risks arising from untimely receipt of feedback are borne by the person leaving.

What happens if the application is sent by mail?

After receiving the letter, the employer draws up an order to terminate the employment relationship. However, on the basis of Art. 84.1 of the Labor Code of the Russian Federation, the employee must be familiarized with the document. To do this, a copy is made of the order and sent to the employee by registered mail with notification. The original is marked with the date of sending and the spine number. This confirms that the employee was informed.

Next, records of dismissal are entered into the employee’s personal card and work book. On the day of termination of the contract, due to the impossibility of delivering working documentation to the absent employee, he is sent a notice with an invitation to appear for it.

If in the resignation letter the employee indicated that he agrees to receive the work book and other papers by mail, they will be sent to the designated address. Payments to the employee are usually made by transferring funds to a bank account - this can be indicated in the application.

Payments include earnings for time worked, compensation for unused vacation, and bonuses. It is possible to issue money in cash if the citizen intends to come for it. His representative (by proxy) can act on behalf of the resigning employee - he has the right to collect documentation and funds.

According to Art. 140 of the Labor Code, if a person is absent from the workplace on the day of termination of the contract, payment must occur no later than the day following the date the employee applied for money.

In case of remote dismissal, the employee retains the right to withdraw the application in any way during the working period.

Dismissal by email

Federal Law No. 63-FZ dated April 6, 2011 stipulates that an electronic document with an electronic signature is equivalent to a document on paper.
Thus, any employee who has a digital signature has the opportunity to resign via email. You can even use corporate email to terminate an employment contract. If you choose any of these delivery methods, in order to legally submit your resignation letter, it must be properly completed, signed, and sent to the employer's email address. It must be remembered that a document without an employee’s electronic signature will not be considered valid.

How to properly send a resignation letter by mail

To prove that the employer received the resignation letter, the employee sends a valuable letter with an inventory and notification. A registered letter will not be suitable in this case, since it will not provide an opportunity to confirm the sending of a specific document in the event of a dispute.

In addition to the statement itself, the employee:

• draws up an inventory of the attachment in accordance with Form 107 of Appendix No. 26 to the order of the Federal State Unitary Enterprise “Russian Post” dated 03/07/2019 No. 98-p;
• fills out the notification of delivery (Form 119).

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We draw up an inventory of the investment

Form 107 is available for filling out online on the Russian Post website and requires the following indication:

• Sender's full name;
• content names - resignation letter;
• number of investments;
• declared value.

The inventory is drawn up in two copies. At the post office, each form is registered and an identifier is indicated. Next, the first copy is returned to the sender, the second is included in the shipment along with the application itself. As a result, the employee is left with proof that the resignation letter was sent.

Fill out the notification of delivery

Form 119 is issued at the post office. On it the sender indicates:

• own name;
• your address (to which the notice will subsequently be returned);
• recipient and his address.

As a result, sending a resignation letter follows the following algorithm:

Step 1 . The application itself is drawn up indicating the date of dismissal, taking into account the work and reference to one’s own desire.

Step 2 . An inventory of the attachment (2 copies) and a notification of delivery are drawn up at the post office. One copy of the inventory is returned to the sender.

Step 3 . The letter with the declared value reaches the employer, who records the date of its receipt on the notice. This date is the starting point for determining the working period.

Step 4 . The notice is returned to the employee with a note from the employer.

Read about the specifics of voluntarily leaving a single mother here.

Advice to the manager

Before dismissing an employee based on an application received by mail, it is better to make sure that it was actually sent by this person. You can call the employee and find out whether he sent a letter notifying him of his dismissal. If this is not possible, then it is recommended to check the signature on the application and the signature of the person resigning on other documents. This procedure will avoid legal proceedings if it turns out that the person did not send the letters.

If the employee has indicated the end date of the employment relationship, the employer may agree with it or refuse to fire the person on the date specified by him.

If the date is not specified, then it is better to check with the employee when he would like to resign. Termination of an employment contract, in which the quitter specified the exact day of dismissal, but the employer did not agree with him and chose the day of dismissal, cannot be regarded as dismissal at the employee’s own request.

According to the legislation of the Russian Federation, each employee can submit an application to terminate the employment relationship at his own request, after which the employer is obliged to dismiss the employee within the established time frame. Sometimes the only method a person can use to notify their employer of their intention to resign is to send a letter. Subject to certain rules, the remote method of dismissal will be as legal as a person’s personal appeal to the employer.

Dismissal of a remote employee

In the age of the Internet, a lot of workers do things remotely. That is, he doesn’t go to the office. Works at home or somewhere else. For example, in a coworking center.

To be honest, not many remote workers are formalized. Termination of the employment contract does not occur, because the document does not exist in nature.

If the relationship is fully formalized, then everything happens as described above. For example, an application by mail, issuance of an order, money on a card, a work book by mail.