How to resign without working time - grounds and sample application, mandatory deadlines for employees and managers. Working period upon dismissal of one's own free will

According to objective statistics, half of the working population works under constant nervous tension, which is often the cause change of workplace.

Some were offered a more profitable job or their rights were simply violated; others were forced by family circumstances: health problems, caring for sick relatives, moving to a new place of residence.

If an employee expresses a demand to terminate the employment contract and at the same time go on vacation, then according to Art. 127 of the Labor Code of the Russian Federation, the day of dismissal will be the last day of vacation.

The date on the application or the terms of the required work do not play a role here, even if the application indicates the period that will occur after the end of the vacation.

On the last day before the vacation, the employer is obliged to issue the resigning employee a work book with a legally correct entry and make a full payment.

Probation

To test the qualifications of new employees, many enterprises assign probationary periods of varying lengths when hiring. This rule does not mean that a beginner cannot.

If he realized that this job is not for him, the specialist can resign by notifying the administration 3 days in advance. Work off in such cases does not apply; after 3 days the law obliges the employer.

Sick leave followed by dismissal

An employer does not have the right to dismiss a subordinate on his own initiative. It is possible to terminate the employment relationship during this period at the request of the employee.

Regardless of whether the sick leave is closed, the date of dismissal will be the 15th day from the date of expected service. An important point is the payment of such sick leave: according to the norms of Federal Law No. 255, Article 5, it must be paid in full, regardless of the date of dismissal.

Business trip

A separate case of dismissal is the issue of being on a business trip. If an employee communicates his intentions before a business trip, he is not relieved of his duties, especially if the work involves travel.

When sending on a business trip, a 14-day period is taken into account; if the departure exceeds it, the employee is recalled or asked to cancel the application in order to submit it at a later date. Such actions are related to the powers that are lost by a resigning employee who does not have the right to represent the interests of the company with access to proprietary information.

Early due to reduction

Dismissal during a layoff can hardly be called voluntary resignation, but if the employee has a desire to terminate the agreement before the expiration of the term, it can be conditionally considered as such.

The employer has no right to refuse, but there are some nuances here.

Art. 180 of the Labor Code of the Russian Federation emphasizes the importance of formulating the reason for dismissal. If you agree to early dismissal, you are entitled to severance pay, calculated in proportion to the days remaining until the date of reduction provided for earlier. If the application indicates the reason for voluntary dismissal, then benefits are not due.

With a student agreement

The working period when concluding a student agreement has its own characteristics. Often, enterprises send their employees for retraining or advanced training with the condition of working in a new position for a certain period of time.

If an employee expresses a desire to resign early, he is required to compensate for the cost of training. There are two ways out of this situation: pay the required amount or challenge it in court.

Often, the employer inflates both the cost and the terms, which can be challenged in court. Even if the company is declared bankrupt, the court helps to recover the money.

Labor legislation does not provide an exhaustive list of valid reasons, for which you don’t have to work out. It all depends on the situation that has developed at the enterprise and the employer’s interest in losing a valuable employee.

In conclusion, it is worth reminding the employer that timely and complete compliance with the requirements of the legislation of the Russian Federation in matters of, first of all, will protect him and the company from lawsuits on claims of dismissed workers.

A person who happily goes to work in the morning and goes home in the evening can be considered happy. When the morning journey to your destination becomes a burden, you need to think about changing the route. It’s good if the old employer agrees to part ways amicably and as soon as possible. It’s worse when you have to start a new job tomorrow, and your previous boss demands that you work the allotted time. In such a situation, you can try to find arguments and convince management to formalize dismissal without work.

Why is work needed?

The process of parting with an employer can be very painful, even if it was not preceded by an industrial conflict. Most often, the problem lies in the need to notify the employer within three days or two weeks, depending on the terms of the employment contract. And if the matter concerns the dismissal of the manager himself, then the working period will be at least a month.

Workers, traditionally, perceive the need to stay at the enterprise as a whim of their superiors and a desire to annoy the person leaving. In fact, during this period both management and the specialist himself must do a large amount of very important work:

prepare cases for transfer;
complete started projects or at least part of them;
the employer will be able to navigate the labor market and select a specialist;
For some categories of people resigning, in the days remaining before dismissal, an audit of the work they perform should be conducted (chief accountants, managers, financially responsible employees).

Sometimes the employer demands to issue a so-called bypass sheet, or “slider”, motivating the delay in the calculation for this reason. From the point of view of the law, an attempt to retain an employee in this way for more than 14 days is a direct violation of the employee’s rights and the norms of the Labor Code of the Russian Federation.

Assess the importance of reasons for quick dismissal, other than those directly listed in Art. 80 of the Labor Code, the employer has the right. If the circumstances are assessed incorrectly by him, protection can be sought in court.

Who has the right to quit without working?

The obligation of a specialist to warn his management about his intention to leave his position and the team is detailed immediately in several articles of the Labor Code of the Russian Federation:

Employee category	Notice period	Article TC
Employees whose employment contracts are concluded for an indefinite period	14 days	80
Fixed-term contracts for a period longer than a couple of months	14 days	80
Seasonal workers	3 days
Temporary specialists hired for a period of up to 2 months	3 days
Probationary trainees	3 days
Heads of the organization	30 days

Whatever the warning period is prescribed in the code, there is also a list of reasons for dismissal without service and those who have the right to do so. The trouble is that the list of reasons for dismissal without work is not at all exceptional. In Article 80 of the Labor Code, the legislator listed only some of the circumstances and conditions for the inability to remain at work, so to speak, for example:

admission to study, and the status of the institution and the form of study are not indicated, which means that the employer is obliged to release the employee to receive education at any institution (subject to the provision of an official certificate from there);
retirement, either due to age or early;
violation of employee rights due to the fault of the employer, both in financial matters and in relation to labor protection;
other reasons.

To all employees who indicated one of the listed events in the application for dismissal without working off, the employer is obliged to hand over the order, labor and payroll on the day the document is submitted or another date desired by the workers.

Dismissal of one's own free will without work

The clause “other cases” in Article 80 of the Labor Code causes lively discussion and differences of opinion. It is this formulation that implies that the validity of the circumstances and the need to urgently leave work in connection with their occurrence must be argued by the employee, and the employer must give an objective assessment.

Possible cases

Judicial practice has identified several common cases when it is still better for an employer to accommodate a specialist who intends to leave and agree to his dismissal of his own free will without work:

pregnancy;
relocation or transfer of a spouse to another area;
health problems that interfere with effective work;
parents with many children, in whose family there are at least three children under 14 years of age;
employees who have close relatives with disabilities and require care for them;
conscription into the army, including the conclusion of a contract.

Indication in the application of a valid reason allowing you to leave without working time will require documentary evidence.

Step-by-step instruction

In order for the separation process to go without a hitch, you need to follow a simple procedure:

Inform the authorized person in writing of your desire to resign and describe the current situation. This must be done in the application form ().
Attach copies of available documents to the application. Even if there are none now, but the reason is really out of the ordinary, it is better to try to stock up on them in case of a future inspection or trial.
Submit the application to the employer. This is the most difficult point, since it may encounter resistance from superiors. If neither the manager, nor the secretary, nor the personnel officer wants to put their signature on receipt on the second copy, you should immediately go to the post office or telegraph office.
If you managed to hand over the documents to your boss personally, then it is advisable to immediately receive his visa on your copy. In a situation with mailing, the day of dismissal will shift to the date the employer actually receives the letter.
If the specified reason is from the list directly listed in Art. 80 of the Labor Code, then having received a copy of the visa, the employee may not go to work the very next day. Consent to dismissal at your own request without work will not be required from your superiors.
In all other cases, a bold decision to absenteeism will require protection through the state labor inspectorate, the prosecutor's office or the court.
It may happen that the employee will be able to convince the boss of the need for urgent payment, then further actions will not differ from those that must be carried out in case of any dismissal under Art. 80 TK. The employer will be required to issue an order, employment, and personal card on the same day. Calculate and issue wages and compensation to the employee. Return the work report to him and give all the copies and certificates he requested.

Success in registering voluntary dismissal without work can be facilitated by the fact that almost all of the listed categories of employees have additional guarantees under the Labor Code of the Russian Federation regarding working conditions, pay, ensuring optimal conditions for them, maintaining their jobs and providing extraordinary leaves. Most often, the desire to avoid the sad prospect of depending on the needs of “special” employees prompts management to sign a letter of resignation. The personal desire to quit received from this category of employees is perceived, rather, as a successful release from problems.

Dismissal without service at the initiative of the employer

The desire to reduce the time spent at an enterprise that has become non-family may come across somewhat unexpected Labor Code norms for the employee, in which dismissal of one’s own free will without working off can abruptly turn into an initiative of the employer. And then the article in the labor report may change from the acceptable 80th to the unpleasant 81st. The employer will not require work, but the order will indicate unflattering grounds for separation. Thus, they will not detain an employee at the enterprise who, during the warning period:

skipped work;
having already received a penalty, he committed another offense;
during the warning period committed a gross violation of discipline or failure to fulfill duties;
allowed himself to drink alcohol at work;
committed acts that caused damage to the enterprise, for which there are relevant documents (theft, intentional damage, disclosure of information, etc.);
committed more rare offenses specified in Article 81 of the Labor Code, except for cases requiring notification of the employee, as in the case of reduction or dismissal of a part-time worker.

The justifiability of the circumstances for dismissal without service does not give the right to neglect one’s duties. Committing gross disciplinary offenses in the last working days will allow the employer to formalize dismissal under Art. 81 TK.

Ways to quit without working

However, one should not assume that in 2019, dismissal without service is the prerogative of only certain categories of employees or is possible in exceptional circumstances. There are several ways to achieve your goal without completely falling out with your boss.

Reach an agreement

The most common compromise method is considered to be the method in which the employer and employee find a “golden mean” and agree on the terms of dismissal. A resigning employee can, for example, offer the manager a worthy replacement for the vacant position, thus saving him from the need to look for candidates himself.

You can offer the boss the option of simultaneous dismissal from the main position and a part-time appointment for the period necessary to complete the transfer of affairs or prepare the project. The employee will be able to perform his duties in his free time. If for the employer it is not important to be present at the workplace from 8 am to 5 pm, but the result is important, then such a plan is quite acceptable.

Vacation instead of work

Under favorable circumstances, a vacation schedule can help the employee. If the start of vacation is expected in the coming days or the employer is ready to provide it out of turn, simply at the request of the employee, then you can use a legal trick. Take a vacation for 14 days or more, and write a settlement paper on the first day. In this case, the request for leave will become a kind of replacement for an application for dismissal without working for two weeks. Many employers are skeptical about such antics, but they will no longer be able to prevent the employee. The fact is that they do not have the right to recall from vacation, Art. 125 TK. And the bosses are also limited in their tools not to let them go on a scheduled vacation, Art. 124 TK.

In order not to play “cat and mouse” with your bosses, you can go all-in and ask for leave with subsequent payment. This right is given by the TC. But she also says that in order to avoid working off and replace it with vacation, the employer’s consent will be a prerequisite. Without his desire, it is almost impossible to implement such an option. If an employee is in a hurry to leave because he is ready to move to another company, then the new employer needs to be informed that he is still on vacation at his old place. The fact is that the law does not provide for a person to have two main jobs at once. This means that an employee who has not been officially fired can only be hired on a part-time basis.

The employee will have the opportunity to replace working time with vacation days only with the consent of the employer, Art. 127 TK.

Sick leave

Talking about illness as a way to reduce working time is a little incorrect, since in ordinary life illness does not come on schedule. But, since ill health has struck at such an opportune moment, you need to remember that the employer does not have the right to extend the period of work due to incapacity. But he will be obliged to dismiss the employee on the date specified by him, since the restriction exists only for calculations under Article 81 of the Labor Code of the Russian Federation. In addition, the employee is guaranteed to receive all compensation payments and social benefits for sickness in addition.

Violation by superiors

Unfortunately, management often neglects the rights of employees and is negligent in their responsibilities to ensure the safety of their workplaces, as well as skimping on material and technical equipment. Each of such manifestations can be punished by law. Theoretically, a violation proven and recorded in the inspection report by the regulatory authorities gives the employee the right not to notify about leaving and not to work the required days. In practice, it turns out that it takes too much time to contact the labor inspectorate, prosecutor's office or court. Therefore, a person prefers to find a more effective way or reason.

The employer does not agree - we go to court

If none of the papers provided by the employee and the dramatic circumstances described in the application convinced the management that the employee was forced to resign due to further physiological or territorial inability to perform his functions, the court can assess the credibility and importance of the arguments. This is where all employees who are confident that they are right are advised to go.

The absurdity of the situation is that, given the obvious slowness of the courts, the period for consideration of the case will be much longer than two weeks or even a month. Until there is a decision (that has entered into force and gone through the entire appeal process), a specialist has no right to willfully refuse to go to work. In the event of a conflict with the employer, failure to show up may serve as a reason to file for dismissal under Art. 81 Labor Code, with all the ensuing “gifts” in labor. Only a pregnant woman can allow herself not to be afraid of such a turn of events.

Going to court to find the truth can be regarded as a rational act in a situation where an employee wants not only to prove his right to dismissal without work, but also to get the employer punished for all the negative consequences that have occurred for the departing employee. It is no secret that, due to the need to stay with the previous employer, a person may not be able to get hired at a new place, expensive tickets may go to waste, or the need for additional expenses will arise (for example, for a nurse for a sick person).

In this case, there is also a risk for the employer. If the employee proved in court that the reason for the application was valid and he had the right to leave on the day of the application, then dismissal for absenteeism will be considered illegal. And this is fraught with the obligation to reinstate the employee, pay average earnings for forced absence, as well as compensation for financial losses and moral damage.

Achieving the truth in court is not the most difficult task. But when deciding to contact Themis, it is worth assessing its future effectiveness. With a sound approach, the employee is most often inclined to think that it is more rational to reach an agreement with the boss.

Application for dismissal without work

In the same Article 80 of the Labor Code there is a clause that the employer can waive his right and not require work. To do this, you can sign an agreement with the employee and dismiss him under clause 1 of Art. 77 Labor Code the day after writing an application for dismissal without service.

If you cannot wait for consent from your superiors, then you need to justify your demand and correctly state the reason for such an urgent departure in the application. You can take the standard form for dismissal on your own initiative as a sample. But it is absolutely necessary to write in the text that the request to dismiss by the date of writing the application is dictated by urgent circumstances and supported by relevant documents. Without such a clause, the employer will legitimately expect to meet with the employee every day for the next 14 days.

An employee who wants to quit quickly and not work the remaining two weeks does not always have “iron” arguments in favor of his position. But before you look for ways to deceive or push your employer to the wall, you should try to come to an agreement with him on a humane basis. After all, the law does not prohibit him from considering even such a reason for urgent dismissal as the addition of a pet as valid. In any case, an agreement between the parties is always preferable to any confrontation, even if the employee has the upper hand in this confrontation.

Lawyer at the Legal Defense Board. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

How not to work 2 weeks when fired

Greetings, my friends! It is possible that you are aware that sometimes you cannot just quit your current job.

There are a lot of nuances and various additional points that stand in the way. Such conditions could have been faced by our new employee in the department, but he did everything beautifully.

Do you want to know how not to work 2 weeks when you quit? In what specific cases will such actions be legal and not cause claims from the employer? I will share all the details in the article below.

The employee is obliged to notify the employer of his intention to resign 2 weeks before the date of the proposed dismissal.

Warning!

These 2 weeks are called compulsory service. However, the law provides for dismissal without mandatory service.

In Art. 81 of the Labor Code of the Russian Federation lists cases when an employee may not work the required 2 weeks. These are cases such as:

inability to continue their work activity in connection with full-time enrollment in a university or educational institution for bachelor's and master's degrees;
employee retirement;
violation by an employee of labor legislation, as well as local acts and provisions of labor and collective agreements;
other cases.

Other cases covered by labor legislation include:

moving to another area for work;
sending the second spouse to work abroad;
moving to a new place of residence or for medical reasons;
caring for a sick family member, a disabled child or a child under 14 years of age.

Pensioners and pregnant women, as well as mothers and adoptive parents with a child under 14 years of age, can resign without service.

Dismissal without working for two weeks

An employee can resign without working the mandatory two weeks within a 3-day period. This is possible when the following circumstances occur:

on probation - Art. 71 Labor Code of the Russian Federation;
if the employment contract was concluded for a period of less than 2 months - Art. 292 Labor Code of the Russian Federation;
if the employee was engaged in seasonal work - Art. 296 Labor Code of the Russian Federation. This period is provided only for the employee. If an employer decides to dismiss a seasonal employee, he must notify the latter 7 calendar days in advance.

In order for an employee to be considered a seasonal worker, this must be specified in the employment contract.

In order to resign, an employee must write a statement addressed to the employer. Exactly the same procedure applies if an employee quits without working. In the application you need to indicate “I ask you to dismiss me without a mandatory 2-week period of work for the reason ....”.

In some cases, the employee must provide evidence that he cannot work the required 2 weeks. For example, if this is not possible due to moving to another place of residence. To do this, it is enough to present documents about the discharge.

One day dismissal without work

An employee can resign in one day by agreement with the employer, and if the reasons mentioned above occur. The employee writes an application and receives a paycheck and work book on the same day.

Attention!

In addition to the above reasons, the collective agreement may specify additional circumstances for dismissing an employee in one day.

If the employer does not believe that the circumstance that has occurred is grounds for dismissing the employee in one day, the latter can apply to the labor commission or to court to protect his rights.

Legal dismissal after three days of service

As already mentioned, the standard period of service before dismissal is 2 weeks. But there are categories of workers who are not included in this list. At their request, the employer must dismiss them and pay them in full within a shorter period of 3 days.

These employees include:

those who are being tested. In Art. 71 of the Labor Code of the Russian Federation states that if an employee on a probationary period decides to resign of his own free will, then he must work only 3 working days;
employees with whom a temporary contract has been concluded. That is, in Art. 292 of the Labor Code of the Russian Federation states that if an employee was hired only to perform a certain amount of work (or a certain type of work), and an employment contract was concluded with him for a period of up to 2 months, then before dismissal he can work only 3 calendar days;
workers involved in seasonal work. For example, for digging up potatoes. In Art. 296 of the Labor Code of the Russian Federation states that employees engaged in seasonal work, and with whom the employment contract is concluded for a period of up to 2 months, can safely quit after the expiration of 3 calendar days from the date of notification to their employer.

The employer must be notified in writing. As a rule, only a letter of resignation is enough. This is considered a notification to the boss.

Employee obligations

When resigning, an employee must comply with a number of obligations. These include:

mandatory notification of your manager about the upcoming dismissal. Depending on the reason for employment and the reason for dismissal, the notice period may vary - from 2 weeks to dismissal on the day of notice;
must pick up your work book and full payment, which includes:
1. wages for the time actually worked from the moment of employment until the moment of dismissal;
2. vacation compensation: every employee, even if he has worked for several weeks, is entitled to vacation. Therefore, the employer must pay compensation for him, and the employee is obliged to accept it;
3. severance pay. In some cases of dismissal, compensation benefits are provided. They can also be enshrined in a collective agreement.

Special circumstances

Do not forget that there are some special circumstances in which an employee can quit immediately without working a day.

Labor legislation includes such circumstances as:

agreement of the parties. In Art. 77 of the Labor Code of the Russian Federation states that if the parties enter into an appropriate written agreement between themselves, then the employee can quit without working;
employees who have entered the university and are starting their studies. As a rule, such dismissal occurs on the eve of September 1. As a rule, an employee’s enrollment in a university is known much earlier than before the start of the academic year. Therefore, he can quit in 2 weeks. But if he wishes to terminate his employment relationship just before the start of the academic year, then he must present a certificate from the educational department confirming his enrollment in the university;
employees who, due to their age, have reached retirement age and do not intend to continue their working activities. When an employee reaches a certain age when they legally retire, this is not grounds for terminating the employment relationship;
a conflict situation with the employer against the background of his violation of labor law norms regarding this employee;
dismissal of an employee due to the employer exceeding his official powers as a manager. It often happens that the boss “forgets” and begins to insult his employees and use obscene language towards them;
violation of deadlines for payment of wages or other benefits. These include vacation pay, severance pay or sick leave payments, maternity leave and others;
the workplace of a particular employee is not properly equipped, which prevents him from performing his immediate job duties to the fullest extent.

This is an approximate list of grounds for dismissing an employee without 2 weeks of service. But as practice shows, there are many other reasons for terminating an employment relationship without working off. These include:

family or personal circumstances. Such circumstances will need to be confirmed with documents, which can sometimes be quite difficult. But if there is an urgent need for quick dismissal, you can always talk to the manager and sign an appropriate agreement with him;
relocation of a spouse to work in another region. For example, a long business trip for a spouse, which entails the forced relocation of the entire family to live in another region. The reason is quite valid, but some employers ask you to document it;
cases when the employee’s health has deteriorated sharply and he can no longer perform his job duties. The law also considers that such a reason is quite compelling for dismissal. But you won’t be able to quit without the necessary medical documents;
families with children under 14 years of age;
large families, if the retiring parent is dependent on 3 or more children under the age of 16. And if they study at a university, then until they graduate;
there was a need to care for a disabled child or another family member with the first group of disabilities. The presence of such a reason must also be confirmed by medical documents;
employee's pregnancy. The presence of a belly is not proof of pregnancy. You must present the manager with a medical certificate from the medical institution where the pregnant employee is registered. The certificate is signed by the head physician of the institution, the head of the antenatal clinic and the attending physician. Also, the certificate must bear the “main” seal of the institution.

Resign by taking leave

There is another option for dismissal without actual mandatory service. But it is likely if the person resigning has days of unused vacation.

That is, an employee can go on vacation with subsequent dismissal. Then the last day at this workplace will be considered the last day of vacation.

And no work required! But you need to reach an agreement with the employer, at least verbally.

Detention or trial

A situation may also arise when an employee has legal grounds for dismissal from a given employer without working the required period, but the employer insists on the opposite. What to do in such a situation?

If an employee does not want to “get on his nerves,” he can calmly work out the allotted time and quit. But there is another option - self-defense of your labor rights. That is, he can sue the employer.

Advice!

The main disadvantage of this method is that the process can last several months. This is inconvenient for either side. Therefore, it is worth looking for options for a peaceful solution to the problem.

What can the employee do? He can offer a replacement in his place, that is, a competent employee who wishes to begin work duties on the day of dismissal.

If the employer is satisfied with this option, he will make concessions and let the resigning employee go without work. But if no measures help, then the only option left is to solve the problem in court.

Sample application

To resign, an employee must write a resignation letter. If he wants to quit without working, then this fact must be reflected in the application.

An application for dismissal without service must contain the following information:

the position and initials of the authorized person who accepts such applications;
full name of the employer;
initials and position of the dismissing employee. If the enterprise is large, then you need to indicate the structural unit;
the statement itself. Here the resigning employee indicates:
1. request to fire him on a certain date. For example, dismiss on 04/05/2018. Then the last working day will be 04/04/2018;
2. request to be dismissed without work;
3. reasons for dismissal without work;
a list of documents that the employee attaches to the application to confirm the reason for such a sudden dismissal;
if dismissal without service occurs by agreement of the parties, then the details of this agreement can be indicated.

When the employee outlines the main text, he indicates the date the application was written, puts his signature and deciphers it.

It is advisable to submit the application on the company's letterhead. But, if this has not been developed, then you can write it on a regular sheet of paper.

source: http://trudinspection.ru/alone-article/uvolnenie1/kak-uvolitsya-bez-otrabotki/

Dismissal without working for two weeks of the Labor Code of the Russian Federation: article, statement

If an employee is going to quit voluntarily, do not expect him to necessarily work the required 2 weeks. The rules of labor legislation in 2018 fully allow for the absence of work. For example, he can use his vacation to not work until he quits.

Who has the right to dismissal without work?

The employee must notify you of voluntary resignation at least 2 weeks before terminating the employment contract and work it out.

You can agree and shorten this period (Article 80 of the Labor Code of the Russian Federation), but there are circumstances that exempt the employee from working.

An employer does not have the right to require a pensioner or full-time student to work for two weeks.

Conditions for dismissal without work:

Dismissal due to moving to at least another city (for confirmation, the employee needs a note in the passport about the discharge).
Illness of an employee (based on sick leave).
The employee has a disability.
The employee was called up for military service.
Dismissal due to staff reduction.

Reasons for dismissal without service for family reasons:

Relocation of a spouse to a new duty station in another locality (certificate of transfer from place of work).
The employee is caring for a minor or disabled child (he should have warned you about the presence of one when he was hired).
An employee is caring for a sick family member or a disabled person of the first group (in both cases, the employee must provide a medical report).
Employee's pregnancy.
The employee has at least 3 minor children.

The employee may not tell you about the dismissal, thinking that you have violated labor laws.

Warning!

If he simply leaves before the fact of the violation is established, it is truancy. Then you can fire the negligent person by your decision.

In some cases, an employee may quit not only without working, but also 3 days after submitting an application, for example, if he is on a probationary period, his contract term is less than two months, or he is a seasonal worker.

The procedure for dismissal due to vacation

An employee can announce his resignation while on vacation and leave work without leaving it. Or ask in writing to take into account unused vacation days as work off. You are not obliged to do this, and if you did, then the day of dismissal will be the last day of vacation.

An employee can also submit an application while on sick leave or resign if the application was submitted 2 weeks ago.

Application form and calculation

The dismissal procedure begins with filing an application. In case of dismissal without service, it must be written in the name of the employer. The employee must indicate the reasons that exempt him from working.

In some cases, he will need evidence, for example, when he quits for health reasons. Make sure that the date of writing the application coincides with the day of dismissal. Look at the sample application to know what document the employee should bring you.

On the last day of work, settlement occurs and the employee receives all payments due. An absent employee may request payment on another day. Do not forget that you will have to take into account all days worked.

Not every one of your employees must work 2 weeks upon dismissal. When hiring a new employee, keep in mind that pensioners, full-time students and seasonal workers can leave their place of work immediately after writing a letter of resignation of their own free will.

Also, your employee can cheat and go on his allotted leave while working. Follow the registration of dismissal - all your actions must not contradict the Labor Code.

source: https://zhazhda.biz/base/uvolnenie-bez-otrabotki

How can you not work for 2 weeks when you quit? Is it possible to quit one day without the consent of the employer?

The answers to these questions are contained in the Labor Code of the Russian Federation.

§ 1. Article 80 of the Labor Code gives the employee the right, on his own initiative, to terminate the employment contract at any time by notifying the employer in writing no later than two weeks in advance, unless the Labor Code or other federal law establishes a different period.

Attention!

You need to know that the specified period begins the next day after the employer receives the employee’s resignation letter. This provision reflects the principle of freedom of labor and freedom of employment contract.

Which means that a letter of resignation (also known as notice in writing) must be submitted 2 weeks before the end of the work period.

At the same time, the employer, if the employee wants to quit earlier than in 2 weeks, can meet him halfway. Or maybe not go:

§ 2. An employment contract by agreement between an employee who has submitted a notice of resignation of his own free will and the employer can be terminated before the expiration of the notice of dismissal.

And only in cases where (see below) - the employee has the right to quit earlier than two weeks later, even if this does not suit the employer.

§ 3. In cases where an employee’s application for dismissal is due to the impossibility of continuing work (his admission to full-time study at a university or other educational institution, retirement, transfer of a spouse to another locality and other valid reasons), as well as in case of violation by the employer of labor employee rights, terms of an employment or collective agreement, agreement, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

§ 6. If an employee left work before the expiration of the warning period and without an order for his early dismissal, the employer may qualify this as absenteeism without good reason and dismiss such an employee for absenteeism (see Article 81 of the Labor Code and the commentary thereto).

Advice!

The employer does not have the right to dismiss the employee without the consent of the employee based on his application before the expiration of the notice period. He cannot fire him under Art. 80 of the Labor Code, unless there is a written statement from the employee about this.

Thus, if the employee does not have the grounds described in paragraph 3, and the employer does not want to let him go earlier (and often the employer does not mind dismissing the person even on the same day that he submitted the application), then he will have to “work” for 2 weeks .

Advice with vacation will also not work, since the Labor Code of the Russian Federation prescribes vacations to be given in accordance with the vacation schedule, and not at all when the employee wishes and demands. The vacation schedule is set by the employer and approved by the trade union.

source: https://feedback.hh.ru/question/details/id/441801

How not to work 2 weeks upon dismissal and whether you need to work it off

According to current legislation, an employee is obliged to notify his immediate superior about such a decision fourteen days before his dismissal.

Here you should focus not only on your own situation in life, but also take into account the fact that the manager also needs some time to find a replacement specialist. Another positive feature of drawing up an application two weeks before dismissal is the opportunity for the employee to change his mind and withdraw the document he compiled.

But these two weeks are the general time limit that applies in most cases. After all, an employee may well agree with his immediate supervisor to reduce the established working period.

In addition, at the legislative level there are some situations in which an employee has the right to finish performing labor functions in a given organization immediately on the day of drawing up the application.

Cases when the employer can be notified 3 days in advance

Labor legislation provides for a number of situations in which it is possible to work for only three days after submitting your resignation letter.

Special attention should be paid here to the grounds for termination of employment, in particular:

If dismissal occurs at the initiative of one of the parties during the probationary period, established for the employee. In such a situation, the initiator of termination of the employment relationship must inform the other party about this three calendar days before the expected date of dismissal.

Warning!

If a fixed-term employment contract was concluded between the parties. Its validity period, most often, does not exceed two months; similar rules apply in case of complete liquidation of a given enterprise. The notification procedure also consists of a written notification to the initiator of the termination of the relationship of the other party.

If he is employed in seasonal work. However, there is one exception here, which is that the employee will have to work only three days, provided that it is he who initiated the termination of the employment relationship that has arisen and is secured by the contract.

If the initiator is his immediate supervisor, he must give his subordinate a written notice of dismissal no later than seven days before the actual date of termination of the relationship.

Official reasons not to work out

Labor legislation identifies a whole list of reasons that exempt an employee from having to work the required two weeks in an organization. Such reasons include:

An employee's retirement due to age. Moreover, this rule is relevant not only in a situation where an employee immediately upon reaching retirement age decides to terminate his employment relationship with his boss, but also when he decides to perform his labor functions after retirement and decides to quit. In both situations, he does not need to work for two weeks.
Another official reason not to work for two weeks is moving to another city or country for permanent residence.
The relocation is highlighted separately due to the fact that the spouse is transferred to a new workplace located in another city.
Enrollment in any educational institution.
The employer violated the terms of the contract.

Additional reasons not to work out

There is a list of additional reasons why an employee has the right not to perform his labor functions during the last two weeks after writing an application to terminate his labor activity.

However, such reasons are not mandatory, so most often the employer makes a decision on each situation on an individual basis.

If illness prevents an employee from performing his job functions.
If the employee was selected for a position that is filled through a competition.
If his employee was called up for military service.
When caring for a child under the age of fourteen, provided that he has a disability.
If an employee is pregnant and wants to resign.
Upon liquidation of the organization.
When staffing is reduced.

Is it possible to negotiate with the employer?

It is possible to reach an agreement with your employer, but this option can only exist if the employee and his immediate supervisor are in a loyal relationship with each other. In such a situation, you can agree on two terms:

Resign immediately when drawing up the application required to begin the dismissal procedure, so that this working day is listed as the last.
Resign on any day within the next two weeks from the date of application.

The exact day of dismissal must be discussed between the parties. They must come to an agreement among themselves so that no disagreements arise directly during dismissal.

If the relationship between the person leaving and his boss does not work out, he will have to work out the full term.

How to write a letter of resignation without work

The application must include the following key points:

In the header you must indicate to whom exactly the document is addressed, that is:
1. full name of the organization;
2. surname and initials of the immediate supervisor;
3. position, surname and initials of the resigning person.
It is necessary to indicate the title, that is, write the word statement.
The text of the application must reflect your request for dismissal and indicate the date of the last working day.
The final stage is to enter the date of the application and the signature of the person who compiled it.

Such a statement can be drawn up directly during work, during vacation or while on sick leave.

It is best to attach to such an application copies of documents that directly confirm the need to terminate the employment relationship.

The procedure for calculating an employee dismissed at his own request without working for 2 weeks
In the calculation when an employee terminates his labor functions at his personal request, all amounts that have not been disputed by the immediate supervisor must be included.

The employer has every right to refuse to pay the resigning employee amounts with which he does not agree.

In such a situation, the former employee will have no choice but to go to court to satisfy his claim, or rather, to recover from his former manager the unjustifiably unpaid wages.

Attention!

If the organization pays wages by non-cash payment, the funds must be transferred to the employee on the last day of performance of his labor functions.

If the employee stopped performing his labor functions on the day the application was drawn up, he must wait three to five days for the funds to be transferred to his account.

Does an employee have the right to change his mind about quitting?

Every employee who has drawn up a resignation letter with his own hand may think about whether he really needs to quit his usual place of work.

At the legislative level, it is established that every person resigning has every right to withdraw his application within the prescribed fourteen days and continue to carry out his work activity.

Separately, it is worth focusing your attention on the situation when this employee goes on vacation before dismissal; you will have to withdraw the application even before the vacation days.

There is a high probability that during the use of the required vacation days, a new employee will be invited to take the place of the resigning employee, who will also have the full right to perform his labor functions in this particular workplace.

The only thing that can save an employee who has decided to return to work is to obtain written confirmation from his employer that he has an agreement with the new employee.

Quite often there is a situation when the immediate supervisor, for some reason, refuses to provide such documents. Then you need to ask him to provide an officially issued refusal in writing, which will contain all the comprehensive information about all the reasons.

Advice!

It's no secret that many employers offer their employees to write a statement of their own free will, acting solely with good intentions, however, an employee can also be fired under the article.

If, after drawing up such a paper, a subordinate decides to return the document, but the employer refuses to do so, you can safely go to court due to a violation of your rights.

At the end of the trial, if it ends in favor of the applicant, he will be provided with:

Opportunity to return to your job in your previous position.
Wages for the entire period of forced disability.

It is worth noting separately that if an employee changes his mind about leaving his job, but does not apply for the return of the application within the established period, and the employer does not pay his subordinate and does not return his work book, the contract is considered valid, and the application loses its legal force.

In the life of every employee of private and public events, a situation may arise when there is a prospect of transfer to a position with a better salary or the need for urgent removal. Accordingly, for many officials it will be relevant information whether an employee is required to work 2 weeks. To resolve this issue in the labor field, state legislation has developed appropriate standards.

Law on working off upon dismissal

In accordance with the current labor legislation, which regulates care situations, personnel are obliged to remain on the staff of the organization for 2 weeks. After making the appropriate decision, the employee writes a statement. This is necessary so that the boss can find a new person.

Labor compensation will not be required if the company is subject to liquidation or the employee is dismissed as a result of layoffs. The law also provides for the need to work three days if a citizen was enrolled in a trainee position, the contract was concluded for a short period, or the employee performs seasonal work.

Work on general terms was not cancelled. Accordingly, employees who independently express a desire to resign must work for the specified period. There are also cases when this will be canceled. Among the circumstances:

Impossibility of activities due to enrollment in a higher educational institution;
Achievement ;
Identification of facts of violation of the law, internal regulations;
Moving and registration at a new place of residence;
Presence of medical conditions that prevent work in the previous position;
Implementation of guardianship over incapacitated citizens.

Rights and obligations of employees

Employees of government and commercial enterprises who plan to voluntarily leave are required to work for fourteen days from the date of drawing up an application outlining their desire to leave. In this case, the last day of fulfillment of work obligations and the moment of calculation is considered to be the date specified in the application.

By mutual agreement, the contract can be terminated even before the expiration of the time during which the person will be warned. The need for mandatory compensation lasting 14 days before the moment of official exclusion is regulated by the state labor law and regulations of each enterprise. This procedure is necessary for the following purposes:

So that the employer has the opportunity to find another citizen for a specific position of the dismissed person;
So that a person has the opportunity to pick up his documentation and recover for further work (see).

Special circumstances for quick dismissal

The employer cannot demand compensation from the staff in the event of filing an application and the upcoming departure for sick leave or vacation. The legislation also provides for a number of circumstances that are grounds for quick departure without further labor compensation.

The list of situations includes the following situations:

Inability to continue activities in connection with enrollment as students of higher educational institutions;
The upcoming retirement of employees;
Detection of facts of violation of legislation and company regulations;
Upcoming move to a new place of residence;
Inability to work due to serious medical reasons;
Pregnant women, parents and guardians who have dependent children under 14 years of age.

For quick exclusion without the need to work out within 14 days before settlement, it is enough to draw up a voluntary document and indicate a request for leave. In this case, it is necessary to indicate the reason and the impossibility of working out.

If an agreement on voluntary resignation without work is impossible, then the employee is guaranteed to provide reliable evidence of the fact that the citizen cannot carry out work. To quit without working, special categories of employees can be fired within a three-day period. These categories include trainees and seasonal staff.

Do I have the right not to work?

Every citizen may not work for a period of time if care is needed. Such circumstances should be discussed jointly with the employer, after which an appropriate agreement is drawn up. In order to prevent misunderstandings and conflict situations, legal experts recommend concluding agreements in writing.

Citizens have the right not to work for the specified two weeks in the event that if a new applicant has already been found for a specific position. In this case, the person will no longer be able to withdraw the completed application even within 14 days if the one found was enrolled in accordance with legal requirements.

At the time of voluntary exclusion, a member of staff will be able to remain off work for two weeks. in the presence of special circumstances, which include personal emergencies in life and illegal actions of employers that resulted in a violation of the law.

Circumstances associated with starting an activity in another place or enrolling as a student at an educational institution are considered objective. The list of situations in which an employee may not work for two weeks is not limited, but the situations must be respectful.

Is it possible to go on vacation before quitting?

Every employee of a government or commercial organization can go on vacation immediately before exclusion. This situation will be convenient not only for the employee, but also beneficial for employers: the boss is not obliged to pay for vacation that the staff did not use on time.

When an employee is sent on leave immediately before dismissal, the appropriate documentation must be completed. The preparation of accounting papers is carried out before or after going on vacation; this applies to all types: annual main, additional leave, maternity leave for a pregnant woman and employees who are raising young children.

What to do if you change your mind about quitting?

Before the final expiration of the period before further dismissal, the employee may withdraw the completed application. If this procedure is carried out within a certain period, the employee will be listed in his previous position and will be considered an active member of the staff.

If the place of the employee who is planning to be fired has already been taken by a new person who has been registered in accordance with all government regulations, then the particular employee loses his ability to perform the work and withdraw the application. A staff member may remain in office unless he insists on expulsion without an order to that effect being issued.

Documents and calculation of compensation upon dismissal

State law requires employers to issue all legal and employment documents, as well as issue final financial statements. If the time of settlement falls on a weekend, then all operations are performed on the previous day. If there is a mutual agreement, the boss sends all documents to an email address.

When working 2 weeks is mandatory

Employees of enterprises are required to work out their term if the desire to quit is voluntary and independent. In this case, he must submit the paper no later than a few weeks before the expected date of dismissal.

This period is set so that the employee can rethink his decision and be reinstated in his position, and the employer can hire someone else. Depending on the circumstances, the employer can independently determine the need to carry out development or the impossibility of continuing work.