Do I have the right to work? What should a person do if I want to quit, but my boss forces me to work for two weeks? Additional reasons not to work out

Many employees, having written a notice of resignation of their own free will, rush to leave their previous place of work as quickly as possible, without working off. This is often due to the fact that they already have a new job and they are expected there. What is working off? Labor law standards do not define this term; as a rule, employees use it when communicating with each other.

Current legislation clearly establishes that an employee is obliged to notify the employer of dismissal in writing no earlier than fourteen days in advance. It is believed that such a period is necessary so that the resigning employee can transfer all his affairs, and the employer finds a replacement.

During this period, the employee is obliged to continue to perform his work, since otherwise he may be fired for absenteeism under Art. 81 of the Labor Code of the Russian Federation (a report on absence from work must first be drawn up).

However, there are situations when the period of work can be either more than 2 weeks or less.

Duration of work 3 days

For some cases, the law establishes a simplified procedure for terminating an employment contract. The period is also reduced:

The employee has just started work and is on duty. He can resign of his own free will without waiting for the end of the test - for this he needs to write a standard application. Work off upon dismissal during the probationary period is 3 days. In addition, the company can also initiate dismissal during the probationary period - then it warns about this 7 days in advance.
The employee is contracted to perform seasonal work. Such an agreement usually terminates automatically upon completion of the work. However, if the employee wanted to terminate it early on his own initiative, then he only needs to notify about this 3 days in advance.
The employee has a fixed-term employment contract for a period of no more than 2 months to perform any temporary work. If you want to quit earlier, you will also have to work 3 days.

Duration of work 14 days

The standard working time is two weeks. It is during this period that the company’s management must be notified by writing a letter of resignation.

The positive point in this case is that if the employee changes his mind during this time, he can withdraw his application. For example, those who resign by agreement of the parties or take leave with further dismissal are deprived of this right. However, it is no longer possible to withdraw an application if another employee has already been hired to replace the person leaving.

Nevertheless, the actual date of dismissal is set by the manager - and if you can come to an agreement with him, you will be able to quit earlier.

Important! You can also apply while on vacation or sick leave - the current law does not prohibit this. The deadline does not change.

Duration of work 1 month

If an employee worked in management positions - director, deputy or chief accountant, then the law provides for a working period of thirty days for such a case. In this case, the director, if he is not the sole owner of the company, must convene a general meeting of founders during this period.

The same period of work is provided for people involved in the field of sports - athletes or coaches with whom a contract has been signed for a period of more than four months. As a result, if they need to terminate the agreement early, they will need to work in their current place for another month.

A situation may also arise when the employer-entrepreneur is absent for a long time and there is no information about him. Then his employee can terminate the signed employment contract in the local municipality, which will carry out this procedure within a month.

Dismissal of one's own free will without work

All employees who leave on their own initiative try to quickly end their relationship with their previous employer and start a new job. Many of them do not know whether it is possible to quit without working. But the Labor Code of the Russian Federation provides for cases and certain categories of citizens when dismissal at their own request without working off is guaranteed for them by the state.

These include:

All employees for whom the administration of their employer does not comply with, and sometimes violates, the conditions stipulated by concluded labor contracts and collective agreements.
Employees who reach the specified retirement age. However, this refers only to those workers who are just retiring. If he again enters into an employment agreement, he will not have the option of resigning without working.
If an employee of a business entity quits and enters an educational institution. In this case, the employee must know how to quit without working for 2 weeks. After all, one completed application is not enough; you must also attach supporting documents, which can be an enrollment order or a certificate from your place of study.
An employee has the right to quit without working if his husband or wife is transferred to work in another city or state. Along with the application, you must submit a corresponding transfer order or a summons document to the HR department.

The internal regulations of the enterprise itself may provide for other situations in which the day of writing the application coincides with the day of dismissal.

Please pay attention! However, some employees know how to quit their job without working off. To do this, they can, upon notifying the employer, take out sick leave. This is due to the fact that the period of two weeks does not increase with the onset of illness. The employee is dismissed on the date specified by him, or the last day on the certificate of incapacity for work.

At the same time, they must take into account that if the company’s management can prove the invalidity of the submitted document, they may be fired under an article for violating the company’s rules of procedure or, even worse, prosecuted according to the Criminal Code of the Russian Federation.

The most legal, sometimes not the easiest way for an employee to leave an enterprise without working off work, is still to come to an amicable agreement with his employer.

Dismissal without service at the initiative of the employer

This type of termination of the contract between an employee and his employer is not provided for by law. Speaking about this, we must first of all keep in mind the situation when the administration of an enterprise offers an employee either to resign of his own free will or to be fired in accordance with the current Labor Code of the Russian Federation for failure to comply with labor discipline. This situation can have positive aspects for all participants in labor relations. Without the need to prove and fill out a large number of forms, the company gets rid of an employee it does not need, and he, in turn, gets a chance to resign on good terms.

When receiving the consent of an employee of the organization to the first option, the company’s management, as a rule, does not think about any period of two weeks, and proposes to reduce it to the minimum, that is, to terminate the contract on the same day.

Another type of dismissal that falls under this definition may be termination of employment relations. The employer offers the employee to resign within a specified period, usually on the same day, by agreement of the parties, and in return he can pay him certain compensation amounts. All this is recorded in the form of an agreement drawn up in writing.

Vacation followed by dismissal as an alternative

The Labor Code of the Russian Federation provides an opportunity for a resigning employee, in cases where he has vacation days not taken off, to first take advantage of the rest days, and then only resign. However, this provision does not provide for responsibilities in this matter on the part of the employer. This means that without his consent, the employee will not be able to exercise the right.

If the management of a business entity does not object, then it can, if desired, take a vacation for the entire period it has, or for part of it. In this case, payment is paid only for the remaining part of the time not taken off.

The day of dismissal is the last day of rest. The employee must receive the payment and all necessary documents on his working day, which precedes the vacation.

Important! The negative side of this option is the inability to withdraw the application during the vacation period.

Any dismissal involves a two-week period of work. This standard rule applies to all parties in the employment relationship. However, not everyone knows what this wording is and why it is necessary to adhere to this rule. And who can quit without working for 2 weeks?

Why is training needed?

It is clear that upon dismissal, bosses force their employees to work for several weeks. What does the legislation say about this? Having opened the Labor Code, it immediately becomes clear that this wording is rather vague. The main responsibility of any employee is to warn his employer about dismissal in advance. This is necessary primarily so that he can find a replacement.

But you will still have to work these two weeks, with the exception of some cases. For example, you can go on sick leave or another vacation just for this period. In addition, there are other situations when an employee can quit without notifying the boss in advance.

In what cases is training not necessary?

In what cases can you quit without working? First of all Employees who are planning to retire do not work the required period. The fact is that people always find out about their upcoming retirement in advance, so the employer is informed about it. But if an employee decides to retire suddenly, according to the law, he still does not work for 2 weeks.

Legal grounds for this also include:

relocation of a person to another area, including another country;
leaving with your husband/wife due to their transfer;
if the boss violated one or more terms of the employment agreement;
admission to study.

There are also reasons for dismissal without work, which are considered by the employer as valid. They are:

a disease that cannot allow a person to perform his work functions;
if the position from which the employee is leaving was held through competition;
military service;
a dependent child under 14 years of age or a disabled person under 18 years of age;
the need to resign in order to care for the rest of his family;
pregnancy;
liquidation of the enterprise;
staff reduction.

Dismissal at your own request

How can you quit without working for 2 weeks? Most often this happens at the employee’s own request. At the same time, having warned the immediate superior two weeks in advance, he can calmly not work out the allotted time.

This rule works if the reason for leaving is, for example, a serious violation by the boss of modern labor legislation or pregnancy. That is, you need a serious reason because of which the boss cannot refuse.

How to quit without working two weeks in three days? There are rules in labor legislation according to which an employee can terminate an existing employment agreement. Additional work of 2 weeks is not required in the case where leaving the employee’s position is beneficial to both parties. The law gives three days to terminate the contract.

As for the grounds for such a quick dismissal, they are generally considered to be:

probation;
dismissal under a fixed-term employment agreement concluded for a period of no more than 2 months;
dismissal of workers who are engaged in seasonal work.

In these cases, the employee is relieved of the need to work for another 2 weeks. Besides an employee can use unused vacation as work off. It is important to understand that this is not the responsibility of the employer, rather his free will. He may insist on working off and the employee will have to obey.

Vacation

This is the best way to get rid of detention for those who cannot evade this duty for a good reason. Naturally, the employee must have unused vacation days, otherwise nothing will work out. By law, they must be at least 14 days. This point must be indicated in the statement with the wording that after the vacation the employee will be considered dismissed.

But in this case, you will still have to notify the boss a month before the dismissal date, so the employee gains little. Maybe more free time, which will allow you to find a new job and get vacation pay.

If there are vacation days remaining, but the employee does not want to go on vacation, he receives appropriate compensation. If there are two unused vacations, then you will have to take one off, and receive compensation for the second, since you cannot receive payment for two vacations.

Application for resignation

Can an employee quit without working time by simply not going to work? No, because this will be considered absenteeism and then he will simply be fired under the article. Even if management violates the contract, the dismissal procedure must be followed. And the first thing you should do is write a statement - it is on its basis that the employment agreement is terminated.

Application example

As for the document, the legislator has not established its specific form, however, there are special rules for its execution:

First of all, the application must be submitted in writing. You can compose it yourself or print it on a computer, it doesn’t matter.
In addition, the document must directly indicate the employee’s intention to terminate the employment relationship and have clearly stated reasons for dismissal.
The date of dismissal must also be indicated. If there are no reasons for dismissal without work, then two weeks should be taken into account.

Many people write the date of dismissal with the preposition “from”, that is, for example, “I ask you to dismiss me from May 23.” In this case, May 22 is the last working day. Therefore, it is better to compose this wording without a pretext, then it will be May 23.

How can you quit without working and indicate this correctly in the application? It’s simple: you just need to voice a request for dismissal without an additional two weeks of work. If the reason is really serious, the employer will sign the document. You can submit it in person, or you can send it by mail. But in practice, a personal conversation still cannot be avoided, since many employers want to find out the reason for leaving in person.

Dismissal if the employer violates the employment agreement

Is it possible to quit without working for two weeks if the employer abuses his position? According to the law, this is quite possible. But first you need to understand what is meant by these violations. First of all, the employer must violate the terms of the contract, that is, force the employee to work overtime, delay wages, etc.

But one violation is not enough; it also needs to be proven. That is, myself the fact that the employer abuses his position must be recorded by the relevant authorities. But the further procedure does not have a clear order.

For example, it monitors working conditions labor inspectorate and prosecutor's office. Let's say an appropriate inspection has been carried out, and the inspector has identified violations on the part of the employer. But he may make a mistake, which will be determined later - how will this affect the dismissal of the employee? As for the inspection of the prosecutor's office, even in this case the official cannot draw up any specific act of inspection, and therefore the identified violations are not recorded anywhere.

Another body involved in the observance of working conditions is trade union. But this organization can only identify violations and send the employer a request to eliminate them, and it is not obliged to record them.

Is there some more labor dispute commissions and courts. The fact of a violation is considered established when a court decision or commission decision comes into force. Only by contacting these control bodies can you ensure that the employer’s violation is recorded and established. Then the employee can raise the issue of dismissal without service.

What if an employee changes his mind about quitting?

The advantage of 2 weeks of work is that the employee can change his mind about quitting and withdraw his application, and the employer cannot prohibit him from staying. But this rule does not always work: for example, if during this period an employee is on vacation or sick, another employee may already be found to take his place. In this case, the employer must provide written evidence that the position has already been filled.

Documentation

According to labor legislation, the employee receives a payment and collects all his documents on the last working day. Employers usually do not delay payments, but sometimes this happens. In this case, he is forced to pay some compensation. If the employee is on vacation at this time, then wages are paid on the last day of vacation.

In addition to money, the employer must give the employee his work book. Failure to do so may be considered a serious violation. In this case, the employee has the right to demand financial compensation for each day during the period when the work book was with the employer.

The date of dismissal is considered to be the date of return of the work book to the rightful owner. If the date is incorrect, you must obtain a replacement using an application. Sometimes in these cases you have to contact the labor inspectorate or trade union.

In a situation where the employer does not return the work book, you can safely go to court and file an application. But there are some nuances here:

If the employee was fired less than 30 days ago, the court will accept the claim.
If more time has passed, the plaintiff will have to provide evidence explaining the reasons for the delay in the claim. And in this case, the employer has a greater chance of winning the case.
At the same time, the employer cannot be accused of withholding a document if the employee himself ignored all requests to appear and pick it up.

Labor legislation requires prior notice to the employer of the upcoming dismissal. According to current laws, an employee must work on the eve of dismissal, allowing the organization to resolve personnel issues with finding a replacement and transferring cases. Under standard circumstances, citizens must work 14 calendar days. However, there are many situations where work is either not required or is reduced to 3 days after the manager receives a letter of resignation from the employee.

When you quit a shift job, you must remember that the period of performance of official duties, in any case, will be 2 weeks, with the exception of certain situations when the period of hours worked is irrelevant. If there is a concluded employment contract lasting up to 2 months, notice of dismissal and subsequent work will be only 3 working days.

The most common reason for dismissal in practice is the initiative of an employee who writes a statement of his own free will and submits it to his manager. According to Art. 80 of the Labor Code of the Russian Federation, the working period is from 14 days, during which the employer looks for a new employee, prepares the necessary certificates, organizes the transfer of cases and inventory from the resigning employee to the new one. If during the elapsed period the position remains vacant, the employer assigns an official who is given the authority to take over cases from the resigning specialist.

To calculate the last day of work, you must add 14 days to the date of application. When leaving at his own request, it is on the 14th day that the employee is given a work report, a copy of the order, payroll for the last month worked.

The requirement to work off is not mandatory - Article 80 of the Labor Code of the Russian Federation (paragraph 2) establishes that upon reaching an agreement with the employer, the employee can quit earlier.

If, after submitting a standard application, the employer decides to release the employee earlier, the latter needs to rewrite the application, mentioning the actual terms of work.

After the employee has begun work, at any time up to the day of dismissal, the application can be withdrawn, depending on changes in circumstances. Like filing a letter of resignation, revocation is formalized in a separate application for cancellation of dismissal. It is impossible to withdraw an application only if an employee has already been hired for the vacant position, and the law does not allow him to be refused employment.

Working off does not at all mean the need to perform your job duties during the last two weeks. It is impossible to force a citizen who has issued a certificate of temporary incapacity to work to return to work if the application for dismissal was submitted to the employer before the sick leave.

The situation is similar with going on vacation. If the resigning specialist does not intend to work, you can avoid this obligation by writing a statement the day before, or while on vacation.

To begin counting the working time, a written resignation letter is submitted, and on the last working day, the HR department prepares to issue the necessary papers.

Other options

The Labor Code considers other options for registering dismissal, excluding or shortening the terms of service. HR specialists need to know whether a retiree needs to perform his job duties after notifying the employer of his resignation.

In 2018, the Labor Code provides for the right to quit without working in the following situations:

reaching retirement age and applying for a pension;
admission to study at a university;
completing compulsory military service;
if the employer violates the terms of the employment contract or the provisions of the Labor Code;
a diagnosis has been made that prohibits the performance of current job duties;
when moving to another city or region;
when transferring a legal spouse to work in another region;
if an employee who is expecting a child resigns or if there is a child under 14 years of age;
upon dismissal of a father or mother with many children, if the children are under 16 years old, or the children are studying in educational institutions;
the need to provide assistance and care to a close relative or family member, if there are medical indications for this.

Not only women have the right to leave work without working the required days. If there is a dependent child, this right arises for fathers of many children and parents of minor children in need of care and treatment.

In these situations, it is enough for a citizen to simply write a letter of resignation without further work. Documents confirming the presence of one of the above reasons must be attached to the application.

The legal working period is not always 2 weeks. The Labor Code establishes the following standards:

According to Article 296 of the Labor Code, the period for a seasonal worker is 3 days.
When signing a contract valid for no more than 2 months, you can notify management of premature departure in just 3 days.
For organizational leaders, the period required to transfer cases and prepare replacement personnel is at least a month.
When concluding a fixed-term contract in sports lasting more than 4 months, coaches are required to notify of termination no later than a month in advance, unless otherwise provided in the contract.

Working on a probationary period

A more simplified dismissal procedure awaits employees who have recently been hired into the organization. As a rule, they work for no more than 3 months and are on a probationary period. If an employee decides that the new position does not meet his own expectations, or decides to leave for other reasons, he can notify his employer of leaving three days in advance. The provisions of Article 71 of the labor legislation exempt a citizen from the obligation to perform official duties and appear at a new place of employment within the next 2 weeks if he has worked for less than 3 months.

Leaving work without working off the work required by law

If an employee does not have the right to leave the company without legal work, it is possible to do without going to work after writing an application. Such options are provided if the employee is entitled to regular annual leave, or the employee falls ill. You can notify your employer of your resignation on the eve of your vacation, or when you go on sick leave. In this situation, a 2-week period before the official termination of the employment relationship will not be necessary. The employee goes on vacation with subsequent dismissal, and will be dismissed at the end of this period, in strict accordance with the date. The employer does not have the right to detain the employee and force him to further perform his official duties, because According to the law, the start of work is strictly related to the day following the filing of the application.

Thus, not all employees undergo detention. If there are good reasons, based on the law, an employee can resign, either three days before the upcoming departure, or without going to work, on the day of filing the application.

Many working citizens are concerned about the rather pressing question of whether they need to work 2 weeks upon dismissal. After all, this is often required by law. But not everyone knows that 2-week work is not always required. In some cases, this period is much shorter, and sometimes it is not required at all.

What circumstances force you to work?

As the Labor Code indicates, a person who wants to resign of his own free will must work for a set period, namely 14 days, so that the manager has the opportunity to find a new employee during this time. To do this, he will need to write a letter of resignation and submit it to the employer for review later than two weeks in advance. However, if the director does not need this person for work, he may allow him to leave work without this.

Workout is not mandatory unless management requires it.

14 days is the minimum established period; it may be a month or less at the initiative of the director of the organization or due to appropriate circumstances.

For these groups of people, the duration of work is three days:

workers on probation;
seasonal workers;
citizens with a time-limited employment contract.

In the event that an employee, while on paid leave or sick leave, expresses a desire to leave his place of work, his work will already be credited. Only he must notify his superiors about this no longer than 2 weeks before the end of the vacation.

Also, working off may not be mandatory if the employee and his director mutually agree on dismissal and draw up a written agreement. It must indicate the date of leaving the place of work, and the process of working off in this case is excluded.

If a working citizen, wanting to cancel the employment contract of his own free will, does not want to work for the established period, then he is obliged to make this request to the manager. Only on the basis of a written statement (resolution) signed by the authorities, it is possible to legally exclude the work. If you don’t work out what will be spelled out in Article 80 of the Labor Code of Russia. Paragraph 3 of the commentary to the article says that refusal to work off work is considered a violation of work order and can lead to dismissal for absenteeism.

When an employee has the right not to work

Two-week work can be ignored by an employee if:

the manager has violated any of the provisions of the current legislation and there is documented evidence of this;
the worker is forced to leave his place of work due to current circumstances.

The current legislation of 2017 includes the following circumstances forcing resignation:

Retirement on state support due to old age. A pensioner is not required by law to work a 14-day period after dismissal;
Enrollment in an educational institution;
Conscription for military service in the ranks of the state army;
If there is a child who has not reached maturity;
Pregnancy, when a woman cannot continue to work due to her condition;
Moving, even if it is under the pretext of changing the spouse’s place of residence.

If the question arises, do I have the right to quit without working for two weeks, the answer will be in the affirmative if you belong to the above categories of citizens. In such cases, you don’t have to go to work, starting from the next day after submitting your application. However, the employee will need to provide evidence in the form of official documents. This could be a certificate from an educational institution, documents for a pension, a child’s birth certificate proving his young age, a medical certificate, etc.

If a person does not belong to these categories, but still does not want to work, he can negotiate this with his superiors or apply for leave during vacation time. Leaving work by mutual agreement of both parties does not require work and provides the opportunity to leave at any desired time.

When leaving a place of work, regardless of whether there was work done or not, the employer must, on the day of leaving:

Give the employee a salary for the period worked;
Pay for vacation if it has not yet been taken;
Provide compensation if this is regulated by the contract.

If an employee quits, is it mandatory to work 2 weeks upon dismissal in 2018? Are there any exceptions to the rules?

The employee must notify the employer of his intention to quit 2 weeks before the expected date. This period begins on the next day after the employer receives the employee’s application. For example, if an employee wishes to resign on March 25, then he must submit an application to the employer no later than March 11.
If the employee is on a probationary period, he is required to notify the employer 3 calendar days before the expected date of dismissal.

Labor legislation does not establish a mandatory procedure for working out a 2-week period. Therefore, upon dismissal, it is not necessary to work for 2 weeks.
If the parties agree among themselves, the employee has the right to resign without working off.

To quit without working, the parties to an employment contract can enter into a written agreement among themselves, although labor legislation does not oblige them to do this. But, as practice shows, it is better to conclude such an agreement in writing. This will protect both parties to the labor relationship from problems. In case of litigation.

The employer and employee can agree on setting a different working period. The main condition is that it should not exceed 2 weeks established by law.

There are circumstances when an employee has the right to quit without working the required 2 weeks and without asking the employer’s consent. This:

retirement;
enrollment in a higher or secondary vocational educational institution;
conscription for compulsory military service.

If these grounds exist, the employee has the right not to go to work the very next working day after writing the application. He must attach documents to his application for dismissal that provide evidence of the reason for dismissal without mandatory service. For example, if an employee is enrolled as a full-time student at a university, then he must attach a certificate from the university confirming his enrollment to the application.

As judicial practice shows, an employee can quit without working in the following cases:

detection of an occupational disease that does not allow the employee to continue to perform his or her job functions;
a health condition that prevents you from living in this area;
moving to a new place of residence;
business relocation of a spouse.

Upon dismissal, the employer must pay the employee:

wages for actual time worked;
compensation for unused vacation;
pay compensation upon dismissal, if this is provided for in the employment or collective agreement.

Also, upon a written request from the employee, the employer must provide him with copies of all documents that relate to his work with this employer, including a certificate of income.