Lee is now serving upon dismissal. Resign of your 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.

If you have decided to change your job, it is important to comply with all formalities. One of them is mandatory service. Let's take a closer look at when the employer's demands are legitimate, and when they can be avoided and you can quit without working off.

Is it mandatory to work 2 weeks upon dismissal?

The probationary period has not ended, the employee has decided to quit, or the employer is not satisfied with the professional qualities and skills of the candidate. The condition is met if the employment contract is concluded for a period of up to three months. We are talking about seasonal work. The employee must notify the administration three days in advance; if the initiative comes from the company, then the notification must be given to the employee seven days in advance. The employment contract is concluded for a period not exceeding two months. Usually in such cases we are talking about liquidation or closure of the individual entrepreneur.

How to quickly quit without work, without a good reason

Dismissal without working off according to the Labor Code - a list of cases when working off is not necessary

enrolled in a university or general education institution for a full-time bachelor's or master's degree; retires; violated the Labor Code, local labor regulations and the collective agreement; he or his spouse moves to another city/country for work; changes place of residence for medical reasons; cares for a family member, child, or disabled person.

Pregnant women and mothers with a disabled child under 14 years of age are also excluded. In this case, a copy of the birth certificate, medical certificate or any other document confirming the status of the child is attached to the application. If we are talking about caring for a disabled family member, then the following can be attached as supporting documents:

a certificate from the housing office about relatives living with you; copies of passports with the same registration; a copy of a medical report, and in the application state that the person needs your care.

Resign of your own free will

WWII veterans; working pensioners; disabled people; family members of military personnel.

Dismissal at the initiative of management

What documents will need to be presented?

position and full name of the manager; position and full name of the authorized person; name of the employer, structural unit, if we are talking about a large enterprise.

How to quit your job without working time - step-by-step instructions

What to do if your boss won’t let you leave work without working for two weeks

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.

Video on the topic

In what cases does an employee have the right not to work for two weeks before dismissal at his own request?

As a general rule, in accordance with part one of Art. 80 of the Labor Code of the Russian Federation, an employee has the right at any time, on his own initiative, 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 the Labor Code of the Russian Federation or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

Before the expiration of the notice period for dismissal, the employment contract can be terminated by agreement between the employee and the employer (part two of Article 80 of the Labor Code of the Russian Federation). In this case, to terminate the employment contract on the day specified by the employee, only the consent of the employer is sufficient.

Labor legislation also defines cases when the employer is obliged to terminate employment within the period specified in the employee’s application, regardless of the period of notice to the employer of termination of the employment contract.

Thus, the employer is obliged to terminate the employment contract within the period specified in the employee’s application, when the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work.

In other words, the employer’s obligation to terminate the employment contract within the period specified in the employee’s application occurs if there are certain objective reasons that make it impossible for the employee to continue working. This was confirmed by the Supreme Court of the Russian Federation in its decision dated November 16, 2006 N GKPI06-1188.

Article 80 of the Labor Code of the Russian Federation gives as an example only two circumstances for the dismissal of an employee due to the inability to continue work, noting that others are possible.

In this regard, we note that in paragraph 7.2 of the explanation of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated October 25, 1983 N 8/22-31 “On some issues related to the application of legislation on strengthening labor discipline” along with cases of enrollment in an educational institution, exit to retirement, moving to another area was cited as a valid reason for not continuing to work. The Plenum of the Supreme Court of the Russian Federation also considers as valid reasons for dismissal the inability to continue working due to the sending of a husband or wife to work abroad, to a new place of service (clause 22 of the resolution of March 17, 2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation "(hereinafter referred to as Resolution No. 2)).

Thus, the employee's inability to continue working must be determined on a case-by-case basis, taking into account the specific circumstances.

In addition, the employer is obliged to terminate the employment contract within the period specified in the employee’s application in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract. These violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor legislation, trade unions, labor dispute commissions, and the court (clause 22 of Resolution No. 2).

In other cases, the employee, within two weeks after submitting the application, is not released from performing his job duties. Failure to comply with them may lead to the employee’s dismissal for absenteeism (clause 39 of Resolution No. 2, ruling of the Lipetsk Regional Court dated 08/11/2008 N 33-1446/2008, ruling of the Moscow City Court dated 06/24/2010 N 33-16033).

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The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.

How to quit without working for two weeks, step-by-step instructions

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

Application for dismissal without work

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.
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.

Obligations of an employee upon dismissal

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:
  • wages for the time actually worked from the moment of employment until the moment of dismissal;
  • 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;
  • 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 without working time 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.
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:
  • 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;
  • request to be dismissed without work;
  • 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.

How to resign of your own free will

Every working person has quit of his own free will at least once. This procedure does not always go smoothly for the employee himself.

When resigning voluntarily, an employee must know his rights and responsibilities.
Employee rights:

An employee can challenge the reason for dismissal if the employer insists that the employee write a statement of his own free will.

This most often happens when there is a staff reduction. According to Art. 81 of the Labor Code of the Russian Federation, the employer must notify the employee about this 2 months in advance and pay him compensation. Some employers “shirk” this responsibility and ask you to write a statement of your own free will.
Pregnant women are also forced to write a statement because they cannot fire her. This is illegal and such dismissal can easily be challenged in court if you provide the necessary evidence of coercion.
If a resigning employee decides to leave on his own, he also has the following rights:

• receive a work book on the day of dismissal;
• take unused vacation time or receive monetary compensation for it;
• receive your earned money on the last working day.

The last working day may not coincide with the day of dismissal. For example, an employee quits on Monday. Therefore, the last working day is Friday, and the day of dismissal is Monday.

In addition to the rights, the dismissing employee also has his own responsibilities:

• write a statement 2 weeks before the expected date of dismissal. This period is called “working off” and is necessary so that the employer can find a replacement for the resigning employee. You can quit without working, but only by mutual agreement with the employer, having concluded an additional agreement. The Labor Code of the Russian Federation lists circumstances when an employee may not work these weeks, but there are not many of them;
• application for dismissal must be in writing. This is stated in Art. 80 Labor Code of the Russian Federation. The application must be handed over personally to the boss or other authorized person. The boss must mark his visa on the application. This means that he saw the statement and agrees with the dismissal of the employee.

Nuances upon dismissal

There are nuances to voluntary dismissal, and every employee should know them.

1. The employer does not want to accept the resignation letter from the employee. In this case, the employee must send the application by registered mail with notification, taking into account the time of the letter “in transit”. In this case, the last working day will be considered the day specified in the application.
2. The employer forces the employee to write a statement in order not to pay compensation. In this case, the employee has the right to appeal to the territorial department of the labor inspectorate or to court.
3. The employee changed his mind about quitting and decided to withdraw his application, but the employer does not accept the withdrawal.
   The employee may also send a revocation application by mail with notification.
4. The employer fired the employee without working, and the employee did not consent to this.

The employee may also file a complaint with the labor inspectorate or court.
The employee has the right to self-defense of his rights. The most common way is to contact a trade union organization. If there is none at the enterprise, then the employee can immediately go to court.
At the same time, the employer does not have the right to obstruct the employee in self-defense - threaten with dismissal, non-payment of bonuses or other punishments.
If there is no trade union organization, then the enterprise may have a specially created Labor Commission. It consists of representatives of the employer and employees.
Do not be afraid to sue - employees are exempt from paying legal costs, according to Art. 393 Labor Code of the Russian Federation. If the court finds the employee right, the employer is obliged to reinstate him at work on the same day and pay him compensation for forced downtime.

How a lawyer can help with dismissal

A labor dispute lawyer helps workers defend their violated rights. He can correctly qualify the circumstances and give them an objective assessment, taking into account the interests of the employee.
When seeking legal advice, an employee can receive qualified assistance on the following issues:

• dismissal of an employee due to staff reduction, and payment of all related compensation;
• checking for the correct completion of all personnel documents - notifications, orders and statements;
• representation of employee interests in court or in a labor commission.

If, nevertheless, the procedure for dismissing an employee at his own request is considered in court, then it is impossible to do without a competent lawyer in labor disputes.
It is not necessary to seek legal advice from a lawyer. You can always go to the site for online help. Qualified lawyers will always competently and substantively answer all clients’ questions.

Article 81 of the Labor Code of the Russian Federation

An employment contract can be terminated by the employer in the following cases:

• 1) liquidation of an organization or termination of activities by an individual entrepreneur;
• 2) reduction in the number or staff of employees of an organization or individual entrepreneur;
• 3) the employee’s inconsistency with the position held or the work performed due to insufficient qualifications confirmed by certification results;
• 4) change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant);
• 5) repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction;
• 6) a single gross violation by an employee of labor duties:
  • a) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day ( shifts);
  • b) the appearance of an employee at work (at his workplace or on the territory of an organization - employer or facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcohol, narcotic or other toxic intoxication;
  • c) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties, including disclosure of personal data of another employee;
  • d) committing at the place of work theft (including small) of someone else's property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;
  • e) a violation by an employee of labor safety requirements established by the labor safety commission or the labor safety commissioner, if this violation entailed serious consequences (industrial accident, breakdown, catastrophe) or knowingly created a real threat of such consequences;
• 7) commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him by the employer;
• 7.1) the employee’s failure to take measures to prevent or resolve a conflict of interest to which he is a party, failure to provide or provide incomplete or unreliable information about his income, expenses, property and property-related liabilities, or failure to provide or provide knowingly incomplete or unreliable information about income, expenses, on the property and obligations of a property nature of their spouse and minor children, opening (availability) of accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, ownership and (or) use of foreign financial instruments an employee, his spouse and minor children in cases provided for by this Code, other federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, if these actions give rise to a loss of confidence in the employee on the part of the employer. The concept of “foreign financial instruments” is used in this Code in the meaning defined by Federal Law No. 79-FZ of May 7, 2013 “On the prohibition of certain categories of persons from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments”;
• 8) an employee performing educational functions has committed an immoral offense that is incompatible with the continuation of this work;
• 9) the adoption of an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;
• 10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;
• 11) the employee submits false documents to the employer when concluding an employment contract;
• 12) has become invalid;
• 13) provided for in the employment contract with the head of the organization, members of the collegial executive body of the organization;
• 14) in other cases established by this Code and other federal laws.

The procedure for certification (clause 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of workers.

Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job) which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

In the event of termination of the activities of a branch, representative office or other separate structural unit of an organization located in another locality, termination of employment contracts with employees of this unit is carried out according to the rules provided for cases of liquidation of the organization.

Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by the employee outside the place of work or at the place of work, but not in connection with the performance of his labor duties, is not allowed later than one year from the date of discovery of the misconduct by the employer.

It is not allowed to dismiss an employee at the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of his temporary incapacity for work and while on vacation.

Information on the application of a disciplinary sanction to an employee in the form of dismissal due to loss of confidence on the basis of clause 7.1 of part one of this article is included by the employer in the register of persons dismissed due to loss of confidence, provided for in Article 15 of the Federal Law of December 25, 2008 N 273-FZ “On combating corruption.”

Publications on the topic

Article 81 of the Labor Code of the Russian Federation provides a list of grounds for termination of an employment contract at the initiative of the employer. In accordance with Article 81 of the Labor Code of the Russian Federation, such grounds may be the liquidation of an organization, reduction in staff numbers, employee inadequacy for the position held, absenteeism, disclosure of secrets protected by law, and a number of others. Based on Article 81 of the Labor Code of the Russian Federation, an employee cannot be dismissed at the initiative of the employer during periods of temporary disability and while on vacation.

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:

1. 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.
2. In addition, the document must directly indicate the employee’s intention to terminate the employment relationship and have clearly stated reasons for dismissal.
3. 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:

1. If the employee was fired less than 30 days ago, the court will accept the claim.
2. 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.
3. 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.

The employee’s ability to terminate his employment relationship with the employer at will is guaranteed by Art. 77-78, 80 TK. But as a general rule, a specialist must inform his superiors of his intentions 14 days in advance. It is believed that during this period the head of the enterprise will be able to find a new employee without disrupting the labor process.

But the same art. 80 of the Labor Code states that in special cases a citizen can terminate cooperation with an employer without any work. For this, a person must have a good reason:

1. the employee became a student at an educational institution;
2. transition to pensioner status;
3. the employer violated labor law norms (for example, he delayed payment of wages, but the fact of violation must be documented in the form of a labor inspection report);
4. other cases.

Labor legislation does not explain exactly what can be included in the list of “other cases”. But as practice shows, such cases include:

1. the need to move to another place of residence;
2. the married partner is transferred to work in another city or country;
3. the results of the medical report indicate that the citizen can no longer work in this industry or live in this area (the employer must present a real medical report);
4. the dismissal of a citizen is due to the need to care for a seriously ill relative, a disabled child, a child who has not yet turned 14 years old, as well as a person with 1st group of disability;
5. a pregnant woman wishes to terminate the employment relationship.

Some employees believe that after writing a standard resignation letter, they can ask the employer to terminate their employment relationship immediately. This logic is wrong.

If a person has a legal reason not to work for 14 days, he must write a statement indicating the reason for urgent dismissal. In addition, it is worth providing documents that confirm the basis for an early employment agreement. Otherwise, a citizen may earn several absences, and then risk being fired under the article.

If you need to quit without working for two weeks, it is recommended to carefully study all the clauses of the employment and collective agreements, as well as internal labor rules that relate to the issue of termination of the employment contract.

It is worth noting that the requirement to work is not a prerequisite. In Art. 80 of the Labor Code, mentioned above, states that in case of mutual agreement, the employee can be dismissed on the day the application is submitted.

Dismissal after three days' work

The Labor Code identifies several categories of workers for whom it is enough to work 3 days, not 2 weeks. Such employees include:

1. persons who served a probationary period at the enterprise. In this case, the initiator of termination of the employment agreement can be both the employee and his employer. In the first case, the employee is required to write a letter of resignation. In the second case, the head of the enterprise issues an order to dismiss a person who has not completed the probationary period. Dismissal due to unsuccessful completion of the probationary period is permitted only if it is specified in the employment contract.
2. persons who were hired for a maximum of 2 months. This possibility is provided for in Art. 292 TK. The procedure for notifying an intention to terminate an employment relationship is no different from the previous case.
3. persons who were hired for seasonal work. This is stated in Art. 127 TK. If an employee wants to resign, he must notify his superiors of his decision 3 days in advance. If the initiator is the head of the enterprise, then the warning must be given 7 days in advance.

When you are forced to work two weeks when you are fired, and you do not belong to one of the groups that can count on early termination of your employment agreement, try to take workarounds. One of them is registration of leave with further dismissal.

Go on vacation and then quit

If an employee has unused vacation, then he has the legal right to write an application for vacation, after which he will immediately terminate his employment relationship with the employer. In this case, the last day of vacation is recognized as the last working day, despite the fact that the specialist actually stopped performing his job duties even before the start of the vacation. On the final working day, the citizen is required to pay all due cash payments, as well as hand over his work book.

The duration of leave with further dismissal should not be less than 2 weeks. But there is one nuance here: only the employer decides whether to provide his subordinate with leave before immediate dismissal or not. A person planning to resign must indicate in the application the exact date of termination of the employment contract. This approach will avoid many disputes and disagreements.

Sick leave with further dismissal

For labor legislation, taking sick leave before dismissal is fantastic. This method of terminating an employment relationship is prohibited by law, and in the event of litigation, such actions may be regarded as abuse.

But if you actually get sick and have issued a certificate of temporary incapacity for work, then during the sick leave period you can write a letter of resignation. However, such an employee will be able to resign only after completion of treatment.

The parties agreed on dismissal

The easiest way to quit without working for 2 weeks is to ask for termination of the employment relationship by agreement of the parties. This possibility is provided for in Art. 78 TK.

Choosing this dismissal option is beneficial because both parties know exactly what date the dismissal will occur. But the employee needs to be very responsible when drawing up the application. The standard wording “Please dismiss...” is not correct in this case, because it implies the standard option for terminating the employment agreement, which implies 14 days of work.

In this case, the application must be based on paragraph 1 of Art. 77 TK. As an alternative, you can prepare a proposal to terminate the employment agreement. The proposal states:

1. the basis for severing labor relations, written in paragraph 1 of Art. 77 TK;
2. the date by which the employer is obliged to provide a written response to the proposal received.

A written response is sent only when disagreements arise between the parties to the employment agreement.

Secrets of correctly filing an application for early dismissal

If a citizen knows that he has the right to dismissal without working for two weeks, he needs to correctly declare his right. This is done by means of a written application, which must contain the following information:

1. position and full name of the specialist who is authorized to accept such applications;
2. the name of your employer;
3. Full name and position of the dismissed employee;
4. the text of the application expressing the request for dismissal and the reason for early dismissal;
5. At the end, you must indicate the date of execution of the application, as well as the signature of the applicant.

For the manager of an enterprise, one application is not enough to let a specialist go without any detention. You will increase the chances of a positive decision from your superiors if you present supporting documents.

If the dismissal occurs by agreement of the parties, then it is worth indicating in the application the details of the relevant agreement.

It is best to make an application on an approved company form. But if the company has not developed such a form, then the application can be written on a regular A4 sheet.

The employer objects to dismissal without work

There are often cases when the manager does not want to terminate the employment relationship without working out, despite the fact that the employee has a good reason for terminating the employment agreement. On the one hand, you can understand the leader. The sudden departure of a specialist disrupts the work process, because he needs time to find a new good employee.

If the employee’s circumstances do not allow him to work for two weeks, he can file a lawsuit against his employer. But the process of protecting one’s rights in this way will take a citizen a lot of time, nerves and money. It is clear that such a course of development can hardly be called beneficial for the employee. It’s easier to work for 14 days.

But if immediate dismissal is necessary, the employee can try to find a replacement on his own. In most cases, managers are satisfied with this option. They are relieved to release the resigning citizen directly on the day of dismissal. But if in this case the employer follows the principle, the only solution to the problem is to file a lawsuit against the head of the enterprise.

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