Dismissal at your own request by mail. How to send a resignation letter to your employer by mail, including electronically

In general, a statement of claim is filed on a territorial basis to the judicial authority at the place of registration of the applicant or residence of the defendant.

If the plaintiff is not aware of the place of residence of the second party, then he can go to court at the last such place known to him or at the location of the defendant’s real estate.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

It's fast and FOR FREE!

For favorable acceptance of documents, you must submit a complete package of papers required for the relevant claim proceedings, providing receipts confirming payment of the state fee.

In practice, filing an application with a package of documents is most often carried out through the secretary of the judicial institution.

If a situation arises in which it is not possible to file an application with the court in person or through an authorized representative, the plaintiff looks for other ways to file a claim and thinks about how to send the application to the court by mail.

Is it possible

There may be many circumstances that prevent filing an application directly to a judicial institution, for example, the parties live in different cities at a great distance from each other.

The current legislation of the Russian Federation does not directly indicate that a statement of claim can be sent to a judicial institution using postal services. However, nowhere is there a prohibition on the ability to use mail when sending an application.

The procedure for filing a claim is regulated by the procedural norms of the Civil Procedure Code of the Russian Federation. Having considered the issue of filing a claim by mail in more detail, you can find articles of this code that indirectly indicate this possibility.

Thus, Article 108 of the Code of Civil Procedure of the Russian Federation indicates the time frame for the end of the procedural period, in particular it states that an action, the commission of which is limited in time, can be carried out before 24 hours of the last day of the established period.

Attention is also drawn to the fact that when providing papers, applications or funds via postal services, no violation will occur if this was done before 24 hours of the last day of the deadline.

In addition, in accordance with the constitutional provisions and norms of the legislation of the Russian Federation, every interested citizen can go to court to protect their rights and legitimate interests. In this case, the appeal of a person received by a government agency or official must be considered without fail.

Based on the above provisions of regulatory legal acts, every citizen has the right to send a statement of claim to the court through post offices.

The right to consider a claim sent by mail is guaranteed by law, and refusal to consider it based only on the method of sending will be a violation of current legislation

Communication with the court

When sending a statement of claim to a judicial authority via mail, the process of judicial consideration of the case may be drawn out. In this case, the plaintiff may have to communicate with the court through correspondence by mail.

To cover all possible options, it is best for the plaintiff to provide his/her full contact information, including mailing address and telephone number. It would be a good idea to provide an additional or mobile phone number, as well as an email address.

Of course, if any problems arise related to the need to provide additional papers, the court secretary may call the applicant, but it is possible that the court will send a letter with such notification by mail, even if there are other contacts of the plaintiff.

The time frame for sending a letter from the court may take a long time and there will simply be no time left to send additional papers to the court. In this case, there is no need to be shy, and you should call the court clerk and explain the situation with the problems that have arisen.

The right decision for the plaintiff would be to write out all the court’s contact information before sending the application by mail, since telephone numbers and addresses can be easily found on the official websites of judicial institutions.

Subtleties of filing a claim to court by mail

After deciding to file a claim by mail, the applicant needs to collect the entire package of documents required for this category of cases. The plaintiff needs to remember what to do and attach copies of the statement in the letter, depending on the number of parties (defendants and third parties).

The value of the claim is the disputed money that the applicant demands to recover from the defendant. The price exists not only in claims of a material nature regarding the reimbursement of the cost of goods or the payment of penalties, it can also be determined based on the amount of compensation for moral damage or the cost of legal services.

When submitting an application by a representative of the plaintiff, you must attach a document on the basis of which he exercises his powers. If the applicant requests to challenge a normative legal act, the text of such published act should be attached.

If there is a possibility of pre-trial settlement of claims, along with the application, evidence is submitted that confirms the implementation of actions aimed at attempting to resolve.

The statement must indicate the plaintiff’s claims and the circumstances on which they are based. Documents and their copies confirming the existence of such circumstances must be sent not only to the court, but also to all parties and third parties if they do not have such information.

The plaintiff needs to know that if one important document is missing, the claim may not be accepted for consideration and will have to be sent again by post.

The letter should be sent with a list of attached documents - in this case, the applicant remains with a document confirming the list of documents sent. This will help in the future with court allegations about the receipt of letters that are blank or without certain documents. You can get a sample inventory at the post office or print the form yourself.

Some lawyers offer advice regarding sending a declaration of value letter. At the same time, you should not indicate a high cost, since the postal commission is 4% of the amount; it is enough to indicate the price of one ruble.

When sending a claim by mail, you must enclose the application and a package of documents in an envelope and send it by registered mail or postal parcel with notification to the address of the judicial authority. If the letter contains papers that are valuable to the plaintiff, it is worth declaring the value of the letter.

It is not necessary to send the original documents specified in the list of documents attached to the claim, because losses sometimes occur when sending postal items. It is enough to attach copies of documents, but in the text you need to draw the court’s attention to the fact that the originals will be submitted in person during the preparatory meeting.

If the court has accepted the application, it must, within 5 days after the reception, make a decision on the further fate of the case.

When you plan to file a claim in court by mail, you can avoid many difficulties and take into account all the nuances by turning to professional lawyers for help. They will help you correctly draw up and send a claim by mail, and the court’s decision will also be sent to the plaintiff by mail.

Grounds for refusal

Sending a statement of claim by mail cannot be grounds for a judicial authority to refuse to consider it.

Refusal may be granted in cases specified by law if:

• the application was submitted by a person whose interests are not affected;
• the claim was filed with claims that the court had previously considered with a definite decision on the case;
• consideration of the claim must take place in a different judicial procedure;
• the court’s ruling on the termination of proceedings in connection with the conclusion of a settlement agreement or the applicant’s independent refusal of the claim has entered into legal force.

The decision to refuse is made by the court in the form of a ruling and sent to the plaintiff within five days after receiving the statement of claim. If the applicant does not agree with the refusal, he can appeal the court's decision privately.

In addition to refusing to consider, the court has the right to return the application to the party. This occurs in cases where the pre-trial dispute resolution procedure is violated, the application is sent by an incompetent person or in violation of the rules of jurisdiction, the claim is not signed by the plaintiff or his representative.

A return also occurs if a dispute regarding the same subject and on the same grounds is already under consideration by judicial institutions or the plaintiff independently decided to return the application.

If the applicant has committed violations in the content or form of the claim or there are no documents on the powers of the representative of the party, then the court decides to leave the claim without progress. The plaintiff must be notified of this and given a reasonable period of time to eliminate the identified errors.

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

However, it is often impossible for an employee to be present at the time of dismissal for objective reasons. In this case, the Labor Code also implies other formats for notifying management of the desire to terminate cooperation. In particular, a resignation letter submitted by mail.

It is important to remember that such documents should only be sent if no other method is available.

Is it possible to send an application by mail?

The algorithm for communicating to management the decision to terminate the employment relationship is prescribed in Part 1 of Article 80 of the Labor Code. The conditions that must be met are:

• written expression of the employee’s will;
• The deadline for submitting an application is no later than two weeks before the date of dismissal.

At the same time, the structure and content of a written document are in no way regulated by the norms of the code and other by-laws. A correctly executed document must contain the following mandatory details:

• data of the official and the organization to which the resigning person applies;
• FULL NAME. and the position of the employee;
• Title of the document;
• notification text;
• date of paper formation;
• personal signature of the employee.

The text on the paper can be handwritten or printed. In a printed document, the space for the signature and its decoding is filled in manually.

How to send an application by mail? The simplest and most accessible way is by letter, but not by regular letter, but by registered letter with mandatory notification of delivery and handing over to the addressee. The sender is given a receipt confirming the fact of sending, as well as the date and time of acceptance of the letter at the post office. You should also use the “attachment inventory” option.

When does the countdown begin?

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.

What to do if the letter is returned

The letter of resignation may not reach the employer by mail. Often the letter is returned back to the addressee. What to do in this case? This situation may arise in the following cases:

• return of the envelope upon shipment;
• error by the recipient's post office operators;
• intentional avoidance of the employer from receiving the letter.

The first thing you need to do is check with the employer and postal workers about the reasons for returning the envelope and try to resolve the issue with the manager in your favor. If the former boss refuses to accept the situation, send your application by telegram or again by letter with a mark of receipt. If the employer refuses to put a visa on receipt of the notice, then the post office itself will put a mark when it delivered the telegram. But the countdown of your minimum 14 days during which you are required to be at work does not start from the date of delivery of the notice, but from the next day.

If after 14 days the employer does not return your work book and cash payment, you can sue him in the magistrate’s court, no longer in the workplace, since procedurally you are no longer an employee of this organization.

Express your opinion about the article or ask the experts a question to get an answer

25.08.2018, 15:58

If an individual does not have the opportunity to personally submit a resignation letter to the head of the company, he can do this by mail. How to send a resignation letter by mail? It is imperative to include an inventory of the contents of the envelope so that the employer does not have the opportunity to challenge the receipt of the required application form.

The peculiarity of this method of notifying the employer of termination of cooperation with him is that the exact date of dismissal cannot be known in advance. Details are in the article.

Rules for drawing up an application

If an employee wishes to terminate an employment contract, the will of the employee must be expressed in writing (Article 80 of the Labor Code of the Russian Federation). An additional requirement is prior notice to the employer of dismissal. The standard length of the notice period is 2 weeks, in exceptional cases it may be less.

The employer is notified by means of an application. This document must contain the following details:

• the recipient of the form is the head of the employing company, indicating the abbreviated or full name of the company;
• information by which the director can identify the applicant - full name, position and department;
• title of the document – ​​statement;
• the essence of the petition (indication of the intention to resign and the desired date of termination of the contract);
• date of document execution;
• the applicant’s handwritten signature (regardless of how the form is filled out - by hand or printed).

If it is assumed that the employee will send a resignation letter by mail and not hand it over in person, when setting the date of termination of the contract, it is necessary to take into account that the beginning of the notification interval coincides with the moment the application is received by the employer's administration.

To indicate the day of termination of cooperation, you can send a document with a large time reserve or indicate that the dismissal will take place 2 weeks after notifying the employer. The need to comply with the notice period does not apply to situations where a person is forced to resign as a result of circumstances beyond his control.

Rules for sending documents

To be sure that the document will reach the addressee, it is recommended to send it by registered mail. In this case, the applicant will have a receipt in hand indicating that the letter was accepted by post office employees. Upon delivery of correspondence, a receipt is taken

If you are resigning by mail, you must attach to your application a list of documents enclosed in the letter. The form is filled out by a post office employee, the envelope is sealed only after a list of attachments has been compiled.

An alternative option for notifying the employer of your desire to resign is to send him a telegram. If necessary, the telegram can be drawn up with the mark “certified”. To implement this method, the applicant will need:

• passport, so that it is possible to identify the person at the place of registration of the document and confirm the identity of the signature;
• an application form that duplicates the contents of the telegram.

Evidence of the termination of cooperation between the employer and employee is the manager’s order of dismissal. A notice of dismissal to the employer (it was sent by mail or delivered in person) cannot be considered a sufficient reason for absenteeism from the workplace on the date of termination of employment indicated in the form. The application form is needed to justify the reasons for issuing the administrative document and confirm the fact that the operation was initiated by the employee himself.

Withdrawal of an application can be made by personally contacting the employer or by sending a telegram. If the administration of the enterprise did not meet the agreed deadline for issuing the dismissal order, and the employee does not intend to insist on early termination of the contract, cooperation between the parties continues. If the applicant does not change his mind about quitting, the employer is obliged to terminate the contract and pay the person off on the day indicated in the application.

According to the head of the department, one of the employees on probation wrote a letter of resignation of his own free will and sent it by mail. The personnel officer contacted the employee by telephone to clarify the date of dismissal and the content of the sent application. During the conversation, it was decided that the employee would resign on June 23, 2016, and that the previous application sent by mail would be withdrawn, but because... the employee does not remember the text of the application, he will forward it to the personnel officer. The employee sends an email to the HR officer with an attachment stating that he is sending a sample resignation letter and asks for information on how to correctly send the original. The text of the statement itself is as follows: “I ask you to dismiss me at my own request in accordance with Article 71 of the Labor Code of the Russian Federation.” This statement contains neither a date nor a signature. The application was addressed not to the General Director, but to the employee’s immediate supervisor. The application was sent as a Word file. The question arises: - should this application, which does not contain the employee’s signature, but sent from his work email, be considered official and, if so, then according to the Labor Code of the Russian Federation, the date of dismissal of the employee should be 06.25.16-Saturday. In this case, is the dismissal date postponed to Monday 06/27/16? If not, then the date of issuance of the dismissal order, the date of calculation and the date of sending the labor report must necessarily be on Saturday?

Answer

Answer to the question:

During the probationary period, the employee himself can decide to resign. He must notify the employer of the termination of the employment contract three days before dismissal (Part 4 of Article 71 of the Labor Code of the Russian Federation). In this case, the employment contract is terminated according to clause 3, part 1, art. 77 of the Labor Code of the Russian Federation (at the initiative of the employee).

To formalize the dismissal, the employee submits an application for resignation of his own free will (sample:), and then the employer formalizes the termination of the employment contract at the initiative of the employee in the general manner.

The law indicates that the resignation letter must be written, that is, not oral. Moreover, as a general rule, any statement must directly identify the applicant, that is, contain his signature.

An electronic document (message) signed with an electronic signature is recognized as equivalent to a document signed with a handwritten signature, unless otherwise established by federal laws (Article 6 of the Law of April 6, 2011 No. 63-FZ).

Based on the above, we can conclude that the employee has the right to submit a letter of resignation by email if it is certified by the employee’s electronic signature. The procedure and rules for using such a signature are enshrined in the Law of April 6, 2011 No. 63-FZ.

From the Appeal ruling of the Krasnodar Regional Court dated January 15, 2013 in case No. 33-493/13, it follows that, in accordance with law enforcement practice, warning an employer about dismissal by email is permissible only if the authenticity of the employee’s signature is confirmed.

On the other hand, there is a court decision recognizing the legality of dismissal in the absence of the employee’s original application. In this case, it must be established that the employee really intended to terminate the employment relationship and personally sent a letter of resignation by fax or email. Circumstances confirming the employee’s intention may include, for example, a telephone conversation with the employer, filing an application with a request to make a payment upon dismissal (see Determination of the Supreme Court of the Komi Republic dated 06/07/2012 N 33-2276AP/2012).

In the absence of an electronic signature, a resignation letter sent from a personal corporate email address will not have legal force and will not be a basis for termination of the employment contract.

Ivan Shklovets,

2. Legal basis:Federal Law of April 6, 2011 N 63-FZ "On Electronic Signature"

Article 6. Conditions for recognizing electronic documents signed with an electronic signature as equivalent to paper documents signed with a handwritten signature

1. Information in electronic form, signed with a qualified electronic signature, is recognized as an electronic document equivalent to a paper document signed with a handwritten signature, except if federal laws or regulations adopted in accordance with them establish a requirement for the need to draw up a document exclusively on paper carrier.

2. Information in electronic form, signed with a simple electronic signature or a non-qualified electronic signature, is recognized as an electronic document equivalent to a paper document signed with a handwritten signature, in cases established by federal laws, normative legal acts adopted in accordance with them, or an agreement between participants in an electronic interactions. Regulatory legal acts and agreements between participants in electronic interaction that establish cases of recognizing electronic documents signed with a non-qualified electronic signature as equivalent to paper documents signed with a handwritten signature must provide for a procedure for verifying an electronic signature. Regulatory legal acts and agreements between participants in electronic interaction establishing cases of recognizing electronic documents signed with a simple electronic signature as equivalent to paper documents signed with a handwritten signature must comply with the requirements of Article 9 of this Federal Law.

3. If in accordance with federal laws, normative legal acts adopted in accordance with them or business customs, a document must be certified by a seal, an electronic document signed with an enhanced electronic signature and recognized as equivalent to a paper document signed with a handwritten signature is recognized as equivalent to a document on on paper, signed with a handwritten signature and certified by a seal. Federal laws, regulations adopted in accordance with them, or an agreement between participants in electronic interaction may provide for additional requirements for an electronic document in order to recognize it as equivalent to a paper document certified by a seal.

4. Several interconnected electronic documents (package of electronic documents) can be signed with one electronic signature. When signing a package of electronic documents with an electronic signature, each of the electronic documents included in this package is considered signed by an electronic signature of the type with which the package of electronic documents was signed.

3. Answer:Is it possible to fire an employee on his non-working day?

Yes, you can.

Labor legislation does not prohibit the dismissal of employees on weekends.

It should be noted that when making a decision on dismissal, the parties, and in some cases - one party, determine not the term (time) of work, but the date of termination of the employment relationship between them, taking into account the statutory deadlines for notice of dismissal by, by, etc. . (Art., Labor Code of the Russian Federation).

Thus, when leaving at his own request, in the notice of dismissal, the employee indicates the date of termination of the employment relationship, and not the period of service. The latter is calculated on the basis of notification by contradiction and, as such, is not established by labor legislation, with the exception of. Moreover, during the specified period, the employee may not perform his job function, for example, by taking leave without pay or falling ill. Moreover, in the case when the day of dismissal falls on a weekend, the employee does not have an obligation to report to work on the working day following the weekend for dismissal, since the minimum period of work established by law has already expired, and the employer has no reason to force him to return to work for another day. On one day. This follows from the Labor Code of the Russian Federation. The courts also point to this, see, for example,.

Taking into account the stated grounds for applying to dismissal falling on a day off, the provisions of Article 14 of the Labor Code of the Russian Federation on postponing the dismissal date to the next day after the day off are absent. In this case, the employee’s last day of work for this employer will be a day off, and the last working day will be the working day before the weekend.

Since the employee is not required to come to work on a day off, and the employer’s obligation to issue him a work book and other documents and make the final payment remains, issue the employee the necessary documents and amounts on the last working day before the day of dismissal, similar to the situation when the employee. At the same time, formally, in case of voluntary dismissal, the employee in the situation under consideration retains it even after the issuance of the work book - immediately until the date of dismissal.

This conclusion follows from the totality of provisions, parts, Article 84.1 of the Labor Code of the Russian Federation.

Advice: Since the situation of dismissing an employee on a non-working day is not directly described in the law, in order to exclude the emergence of any disputes and litigation regarding the date of dismissal, it is still recommended to check that it falls on a working day. And if the dismissal occurs on the initiative of the employee himself, agree with him on the postponement of the date of termination of the contract to the next working day preceding or following the non-working day.

An example of dismissing an employee on his non-working day

Manager A.S. Kondratyev, who works a five-day work week with Saturday and Sunday days off, filed a statement on March 2, 2015 with a request to dismiss him on March 22, 2015 (Sunday). The organization issued Kondratyev a work book and made the final payment on Friday, March 20, 2015. The day of Kondratiev’s dismissal is indicated in the work book, dismissal order and other personnel documents as March 22, 2015, in accordance with the employee’s application and desire.

Ivan Shklovets,

Deputy Head of the Federal Service for Labor and Employment

4. Judicial practice:

SAMARA REGIONAL COURT

DEFINITION

September 26, 2011, judicial panel for civil cases of the Samara Regional Court consisting of:

presiding: Filatova G.V.

judges: Podolskaya A.A., Ustinova G.V.

with the participation of the prosecutor: Fomina I.A.

with the secretary: H.

considered in open court the case on the cassation appeal of the representative of JSC "Medical Company"<...>"to the decision of the Sovetsky District Court of Samara dated August 25, 2011, which decided:

"Reinstate Zh. as a cardiologist at ZAO Medical Company"<...>".

To recover from JSC "Medical Company"<...>"in favor of Zh. payment for the period of forced absence for the period from 06.27.2011 to 08.25.2011 in the amount of 61,376 rubles. 85 kopecks, moral damages in the amount of 1000 rubles, state duty to the local budget in the amount of 2041 rubles. 30 kopecks .

The rest of the claim will be dismissed."

Having heard the report of the judge of the Samara Regional Court Podolskaya A.A., the explanations of the representative of ZAO "Medical Company"<...>"by power of attorney L., who supported the arguments of the cassation appeal, objections to the complaint of representative Zh. on the warrant and power of attorney N., the conclusion of the prosecutor Fomina I.A., who believed the decision to be left unchanged, the judicial panel,

installed:

Zh. filed a lawsuit against JSC "MK"<...>“On the cancellation of the order to terminate the employment contract, reinstatement at work, payment of wages during forced absence, compensation for violation of deadlines for payment of wages, settlement upon dismissal, moral damages.

In support of her demands, she indicated that since February 12, 2007, she worked as a therapist and cardiologist at the company "<...>".

On June 23, 2011, she was forced to write a letter of resignation of her own free will. When writing the application, they dictated the text of the application to her and insisted that she set the day of dismissal as 06/26/2011, although she insisted on dismissal on 06/27/2011, since this is the first working day after returning from vacation.

She was fired on June 26, 2011, although this is a day off - Sunday, and she never worked on Sunday. On June 26, 2011, she came to the company, but there was no one there, and on that day she did not receive a payment.

Referring to these circumstances, Zh. asked to oblige the defendant to change the date of dismissal to 06/30/2011, to change the basis for dismissal to dismissal by agreement of the parties - clause 1 of Art. 77 of the Labor Code of the Russian Federation, pay compensation for 5 months in the amount of 135,000 rubles, compensation for June 26, 2011 in the amount of double the average daily rate in the amount of 2,460 rubles, compensation for the period of forced absence from June 27 to 30, 2011 in the amount of 4,920 rubles, moral damages in the amount of 10,000 rubles, interest for late payment in the amount of 31 rubles.

During the consideration of the case, the plaintiff clarified the claims and asked to reinstate her at work as a cardiologist from June 26, 2011, to pay 54,000 rubles for the time of forced absence, an unpaid settlement in the amount of 5,000 rubles, moral damages in the amount of 10,000 rubles.

The court made the above decision.

In the cassation appeal, the representative of JSC "Medical Company"<...>"requests the court decision to be annulled and considers it illegal and unfounded.

Having checked the case materials and discussed the arguments of the cassation appeal, the judicial panel finds no grounds for canceling the court decision.

In accordance with clause 3, part 1, art. 77 of the Labor Code of the Russian Federation, the basis for termination of an employment contract is termination of the employment contract at the initiative of the employee.

According to Art. 80 of the Labor Code of the Russian Federation, an employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.

As explained by the Supreme Court of the Russian Federation in paragraphs. “a” clause 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, termination of an employment contract at the initiative of an employee is permissible in the case where filing a letter of resignation was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a resignation letter of his own free will, then this circumstance is subject to verification and the responsibility to prove it rests with the employee.

Consequently, the burden of proving that the resignation letter was written as a result of pressure from the defendant rests with the plaintiff.

From the case materials it follows that on the basis of the employment contract dated 02/08/2007, w/n Zh. by order N<...>dated 02/08/2007 accepted into OJSC "Medical Company"<...>"as a general practitioner from 02/12/2007.

The court found that on June 17, 2011, the plaintiff submitted a written statement to the general director of ZAO MK "<...>", in which she asked to terminate the employment contract under Article 77 clause 1 of the Labor Code of the Russian Federation - agreement of the parties, the day of dismissal of the employee is 06/27/2011, on the last day of work she asked to pay monetary compensation in the amount of 5 average monthly wages.

In addition, Zh. indicated in the statement that Ms. P. expressed wishes to her to resign of her own free will.

From the testimony of the head of the personnel department, K., it follows that on June 23, 2011, on behalf of the employer, she invited Zh. to work to consider her application and find out the reasons for her dismissal; from a conversation with the plaintiff, it became clear to her that she had found another job and this was the reason for her dismissal. She also explained to the plaintiff about the impossibility of dismissal under paragraph 1 of Art. 77 of the Labor Code of the Russian Federation, explained her right to dismissal at her own request.

At the court hearing, witness FULL NAME10 testified that she had no conflicts with the plaintiff; violations in the issuance of sick leave were identified in the plaintiff’s work. She does not have the authority to fire.

06/23/2011 addressed to the General Director of ZAO "Medical Company"<...>“J. filed a letter of resignation from work on June 26, 2011 at her own request.

By Order N<...>dated June 23, 2011, Zh., on the basis of a personal statement, was dismissed from her position under clause 3, part 1, art. 77 of the Labor Code of the Russian Federation from JSC "Medical Company"<...>"at his own request from June 26, 2011

The court correctly concluded that the plaintiff, in violation of Art. 56 of the Code of Civil Procedure of the Russian Federation and paragraph 22 of Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004, did not provide the court with evidence that the employer forced her to submit a resignation letter of her own free will.

At the same time, the court rightfully indicated that the defendant violated the dismissal procedure.

In accordance with Part 3 of Art. 84.1 of the Labor Code of the Russian Federation, the day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal law, his place of work (position) was retained.

On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code.

Based on Part 2 of Art. 127 of the Labor Code of the Russian Federation, upon a written application from an employee, unused vacations may be granted to him with subsequent dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.

As stated in Part 4 of Art. 14 of the Labor Code of the Russian Federation, if the last day of the period falls on a non-working day, then the day of expiration of the period is considered to be the next working day following it.

Thus, if a vacation followed by dismissal ends on a weekend, the date of dismissal should be considered the next working day following it.

It was established that in the period from June 14, 2011 to June 26, 2011, the plaintiff was on vacation, which is confirmed by order No.<...>dated 06/02/2011 Until she went on vacation, she did not inform her employer of her desire to resign. The application was written during the vacation period.

Considering that the plaintiff was fired on 06/26/2011, and 06/26/2011 is the last day of the plaintiff’s vacation and falls on a day off - Sunday, the court came to the correct conclusion that the plaintiff’s last day of work is 06/27/2011, and precisely on this day she should have been fired, however, Zh. was fired on 06/23/2011 from 06/26/2011, and on 06/24/2011 she was issued a work book.

At the court hearing, the plaintiff and her representative explained that on June 26, 2011, the plaintiff came to work because she intended to withdraw her application, but did not find anyone in the personnel department.

These circumstances violated the employee’s rights, since Zh. lost the right to withdraw her application before dismissal.

Under such circumstances, the court, having assessed the evidence collected in the case, and taking into account the requirements of the law, came to a reasonable conclusion about the need to recognize the dismissal as illegal and reinstate Zh. at work in his previous position.

According to Art. 394 of the Labor Code of the Russian Federation, if dismissal or transfer to another job is recognized as illegal, the employee must be reinstated in his previous job by the body considering the individual labor dispute.

The body considering an individual labor dispute makes a decision to pay the employee the average salary for the entire period of forced absence or the difference in earnings for the entire period of performing lower-paid work.

Since the court declared Zh.’s dismissal illegal, the panel of judges finds the court’s conclusion about the plaintiff’s right to recover the amount of compensation for the time of forced absence to be justified, consistent with the requirements of the current legislation and the circumstances established in the case.

The average earnings to pay for the time of forced absence are determined in the manner prescribed by Art. 139 Labor Code of the Russian Federation.

In any mode of operation, the average salary of an employee is calculated based on the salary actually accrued to him and the time he actually worked for the 12 calendar months preceding the period during which the employee retains his average salary. In this case, a calendar month is considered to be the period from the 1st to the 30th (31st) day of the corresponding month inclusive (in February - to the 28th (29th) day inclusive).

According to the personal income tax certificates 2 presented in the case materials, the plaintiff’s earnings for the 12 months preceding the dismissal amounted to 347,337.23 rubles.

Thus, the court correctly determined that the amount of earnings during the forced absence in the amount of 61,376.85 rubles is subject to recovery from the defendant. (RUB 347,337.23: 249 working days = RUB 1,394.92 (average daily earnings) x 44 working days = RUB 61,376.85).

This calculation was checked by a judicial panel and found correct. The defendant does not dispute.

Recovery from the defendant in favor of Zh. compensation for moral damage in the amount of 1000 rubles. complies with the provisions of Art. 237 of the Labor Code of the Russian Federation, the amount of compensation was determined by the court taking into account the factual circumstances of the case and the requirements of reasonableness.

The court also rightfully refused to satisfy the demands for the recovery of 5,000 rubles. (calculation upon dismissal), since on August 12, 2011 Zh. was paid 5,483 rubles, which is confirmed by payroll N<...>.

In addition, the court correctly indicated that the initial demands for payment of compensation in the amount of 135,000 rubles. are not subject to satisfaction, as not based on the law, and the demands for the recovery of money from the defendant for work on June 26, 2011 in the amount of 2,460 rubles are not subject to satisfaction, since the plaintiff did not work on June 26, 2011.

Based on Art. 103 of the Code of Civil Procedure of the Russian Federation, the court correctly collected from the defendant a state duty in the amount of 2041.30 rubles for the local budget.

The arguments of the cassation appeal that the Labor Code of the Russian Federation does not contain a ban on dismissing an employee on a day off cannot be taken into account, since it is based on an incorrect interpretation of the law.

As stated in Art. 14 of the Labor Code of the Russian Federation, the period of time with which this Code associates the emergence of labor rights and obligations begins with the calendar date that determines the beginning of the occurrence of these rights and obligations.

The period of time with which this Code relates to the termination of labor rights and obligations begins the next day after the calendar date that determines the end of the employment relationship.

If the last day of the period falls on a non-working day, then the end of the period is considered to be the next working day following it.

Considering that the last day of the plaintiff’s vacation falls on a non-working day, June 26, 2011, the date of dismissal should be considered the next working day following it, i.e. June 27, 2011

Other arguments do not indicate the existence of legal grounds for overturning the court decision; they essentially boil down to a statement of circumstances that were the subject of research and assessment by the trial court and cannot be taken into account.

Based on the above, guided by art. Art. 360, 361 Code of Civil Procedure of the Russian Federation, judicial panel

determined:

The decision of the Sovetsky District Court of Samara dated August 25, 2011 is left unchanged, and the cassation appeal of the representative of ZAO "Medical Company"<...>"without satisfaction.

Read in the article: Why does a HR manager need to check accounting, whether new reports need to be submitted in January and what code to approve for the timesheet in 2019

26.06.2017, 15:39

An employee of the company, while on sick leave, sent his resignation letter by email. The HR specialist doubts that the application sent by email to the employer has legal force. Our experts will tell you how things really are

The application can be submitted remotely

Typically, a resignation letter is submitted in person, but in practice it happens that an employee makes a decision to resign while on vacation or sick leave. In this case, remote methods of notifying the employer come to the rescue (letter of Rostrud dated 09/05/2006 No. 1551-6). These include submitting an application:

• by mail (for more details, see "");
• by telegram (for more details, see "");
• in any other way that allows you to determine the fact of sending the application and the date of its submission.

By email only with an electronic signature

As for filing a resignation letter by email, such a statement is valid only if it is signed with the employee’s electronic signature. An electronic document, including a letter of resignation, signed with an electronic signature is considered equivalent to a document on paper and can be used on an equal basis with it (Article of the Federal Law of 04/06/2011 No. 63-FZ).

A similar conclusion can be drawn regarding corporate email. Although, it would seem, the work email address is strictly personalized. However, without the employee’s electronic signature, it is impossible to send a letter of resignation by email.