Article 80 of the Labor Code of the Russian Federation. Dismissal at your own request. Application deadlines

Article 80 of the Labor Code of the Russian Federation speaks about this possibility.

When a person enters into an employment relationship with a company, he first of all strives to carry out his professional activities in order to receive a constant cash income. This allows him to improve the quality of his life and gain material goods for performing their functional duties.

However, there are often situations when some are aimed at dismissal due to at will. This happens for the following reason. The whole point is that everyone performs their duties under certain conditions. These include:

working day routine;
amount of monetary reward;
breaks for meals and rest;
surcharges and allowances;
security special clothing and tools.

Often, already in the process of performing their functions, they may not suit the person, or the employer may not fulfill part of the agreements. This leads to voluntary dismissal.

Basic information on this issue is contained in Article 80 of the Labor Code of the Russian Federation.

Article 80 labor code The Russian Federation with comments is very informative. It contains all termination conditions labor relations according to a person's personal desire.

Each part touches on very important points of this procedure:

Part 1 – opportunity to interrupt activities;
Part 2 – early termination of relations;
Part 3 of Article 80 – cases when the date of departure is determined by the employee himself;
Part 4 – a person’s ability to cancel his appeal;
Part 5 – the employer’s obligation to issue personal labor document resigning employee and final financial settlement;
Part 6 – cases of continuation of activities in the organization.

Of course, Article 80 of the Labor Code of the Russian Federation is not the only one that concerns the termination professional activity. The current norms and regulations of the Russian Federation have a huge mass of articles and clauses that regulate situations when people...

However, those resigning should, first of all, carefully study the content of Article 80 and the comments to it. Art. 80 of the Labor Code of the Russian Federation is fundamental in resolving such a serious issue. The personal employment document will indicate that the employee resigned under Article 80.

When a person resigns, in most cases he does not even imagine the range of his possibilities when resigning of his own free will.

And in case. If the specified article of the Labor Code is studied in detail, the initiator will know for sure:

what other articles mention;
How does voluntary dismissal occur according to the Labor Code?

And when a person is fired, he will be able to apply for restoration of his capabilities if they are violated or limited.

As stated above, any person has the opportunity to terminate their employment relationship with their employer at any time. This possibility is defined and established by the current rules and regulations.

In this case, it is the sole right that is meant. Any initiator of termination of his activities in the organization is not obliged to coordinate his intention with the employer. Such an initiative can be implemented by a person at any time, at his request. It doesn’t matter at all how long the time period was labor activity In the organisation.

It is worth noting that sometimes problems may arise when leaving an organization. The employer may or may not transfer the final settlement amount.

However, as shows arbitrage practice, such moments are extremely disadvantageous for the company.

Notice period for dismissal

By current rules the initiator of leaving must inform his employer of his intention.

There is a time period for this action. He makes fourteen calendar days from the moment the relevant application is submitted to the manager.

A fairly long period is defined for one purpose. During this time, the parties to the relationship should have the opportunity to prepare. The employee is obliged to fulfill all orders and instructions given to him, and the head of the organization, in turn, is obliged to prepare all the necessary papers and calculate the final amount of money that the individual receives upon leaving.

During this time, it is possible to conduct a detailed analysis of the employee’s professional activity and find out whether any harm was caused. In this case, the resigning employee will be required to compensate it.

In principle, the termination of the relationship can take place before the specified period has expired. This happens by mutual agreement between the leaving employee and the head of the organization.

Application form

The current regulations define the requirements for drawing up a motion to terminate.

First of all, it is worth noting that such paper is drawn up in writing and in your own hand. Its compilation begins with the design of the text header. It contains the name of the organization where the person works, its location, as well as information about the head of the company who will consider the appeal.

The next item will be information about the initiator of the petition. This is followed by the text of the paper, which should contain information about the intention of the initiator and the date of leaving work. The date of compilation and the personal signature of the compiler are indicated under the text of the appeal.

After drawing up the paper, it is submitted to the manager for review. The latter must make a decision, which is reflected in the visa imposed on the text. The request is then registered and forwarded for further execution to the company’s HR and financial specialists.

Is it possible to withdraw an application?

Often, a person, expressing his intention to leave an organization, is guided by emotions. And not logic and common sense. After some time, he begins to regret the hasty decision and wants to stay in the company.

For such situations, the current rules and regulations provide a way out.

The thing is that at any time, while a person is still officially an employee of the company, he can submit a petition and cancel his previous application.

The rules do not clearly define in what form such an appeal should be expressed, but in practice, most often this must be done in writing.

This happens as follows:

the initiator draws up the necessary paper;
submits it to the manager for approval;
he reviews it and instructs the relevant specialists to cancel the previous appeal;
they, in turn, make a corresponding note on the resignation letter and on the registration list.

It is worth paying attention to the fact that this will be possible if the person has not yet been fired. If he leaves, he will have to get a job again, on a general basis.

There are certain restrictions on the ability to cancel your application. will be impossible if the vacated workplace was promised to another applicant. The following factors are required:

such an applicant must be informed in writing about the possibility of being accepted into the organization;
existing regulations should prohibit refusal of such a person.

Preparation of documents upon dismissal

After receipt, consideration and approval of the resignation letter, the employer will be required to complete the necessary paperwork.

In his appeal, the initiator explained that he approached the company’s management at his personal request. During the entire wait, his request was not granted. He was not given a personal work document and his salary was not transferred. He contacted the state budget inspectorate, on whose initiative the money was nevertheless paid, however, no corresponding order was issued to terminate the relationship, and the initiator did not receive the employment document. Due to this, he was unable to find a job and was forced to take absenteeism.

The company representative did not appear for the proceedings and did not express any objections to the appeal. In this regard, the consideration took place without the participation of the latter.

During the trial, all the initiator's arguments were confirmed. According to the conclusion of the court, the person was paid compensation for forced absenteeism and was given a personal work document.

Article 80. on the initiative of the employee (at his own request) The employee has the right to terminate the employment contract by notifying the employer about this writing no later than two weeks, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter. By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal. In cases where an employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, conditions collective agreement, agreements or employment contract the employer is obliged to terminate the employment contract within the period specified in the employee’s application. Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws the conclusion of an employment contract cannot be refused. Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him. If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Legal advice under Art. 80 Labor Code of the Russian Federation

Yaroslav Yurchuk

How many rules of rights are contained in Article 80 of the Labor Code?!

Diana Gromova

In what cases can they be fired from work at their own request without working for two weeks?

Lawyer's answer:
In what cases can an employee resign of his own free will without working for two weeks after submitting the relevant application? By general rule, established by Article 80 of the Labor Code of the Russian Federation, the employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks, 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. However, the Labor Code of the Russian Federation establishes cases when an employment contract can be terminated before the expiration of the notice period for dismissal. Firstly, this is the case when an agreement is reached between the parties to the employment contract on a different period for terminating the employment contract. Secondly, the employer is obliged to dismiss the employee on the day specified in the resignation letter, when the dismissal is due to his inability to continue working (enrollment in educational institution, retirement and other cases). Due to the vagueness of the wording “other cases,” the employer must independently determine whether the circumstance indicated by the employee makes it impossible to continue working, which is often the cause of labor disputes related to dismissal. Thirdly, the employee does not have the obligation to notify the employer of dismissal two weeks in advance 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. The wording of Article 80 of the Labor Code of the Russian Federation in this part is also ambiguous and causes certain difficulties, since it speaks of cases of established violation. Explanations of the Plenum Supreme Court of the Russian Federation, data in Resolution No. 2 of March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” that “the named violations can be established, in particular, by the bodies carrying out state supervision and monitoring compliance with labor laws, trade unions, labor dispute commissions, court”, does not remove the issue of the employee’s right not to work for two weeks after filing a letter of resignation in cases where violations of labor legislation are obvious and can be established by the employee independently, for example, when payment is delayed wages. In addition, in accordance with Articles 71, 292, 296 of the Labor Code of the Russian Federation, employees during the testing period when hiring, employees who have entered into an employment contract for a period of up to two months, employees engaged in seasonal work, have the right to terminate the employment contract for own initiative by notifying the employer in writing three calendar days in advance.

Evdokia Belova

I heard that out-of-town workers may not work for two weeks after being fired. Is this true?... I work in Moscow, I’m from out of town. I want to resign from the campaign. The employee said in confidence that non-residents may not work for two weeks. If anyone knows the details, please describe if there are any exceptions.

Lawyer's answer:
LABOR CODE OF THE RUSSIAN FEDERATION Article 80. Termination of an employment contract on the initiative of the employee (at his own request) The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks, unless another period is established by this Code or other federal law . The specified period begins the next day after the employer receives the employee’s resignation letter. By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal. In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application. In fact, in 99% of cases it all depends on what the management decides. It may “release” before 2 weeks, but it may not “release”.

Roman Malysh

Am I required to work 2 weeks? Am I required to work 2 weeks if I wrote an application of my own free will?

Lawyer's answer:
They have the same law, the Labor Code! According to the Labor Code of the Russian Federation, upon dismissal, you are required to notify the employer two weeks in advance. That is, if you intend to quit, then write a resignation letter, indicating the date you want to quit and give it to the employer two weeks before this date. Here is an article of the Labor Code verbatim: Article 80. Termination of an employment contract on the initiative of an employee (at his own request) An employee has the right to terminate an employment contract by notifying the employer in writing two weeks in advance. By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal. In cases where an employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of laws and other regulations containing norms of labor law, conditions of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application. Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract. Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.
By agreement of the parties). And on the day the employer is obliged to issue all payroll and labor reports. Didn't issue an application in Need help. I wrote a letter of resignation on March 1, 2012 (work for 2 weeks), and the session begins on March 5, 2012. If I bring a summons certificate or a letter to the manager from the university, does the employer have the right not to let me go?
- Lawyer's answer:
  Listen here and... listen carefully! In accordance with Part 4 of Article 80 of the Labor Code of the Russian Federation, before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with the current labor legislation of the Russian Federation, cannot be denied an employment contract. That is, you can officially withdraw your initial resignation letter if two weeks have not passed since the employer received it and another employee has not been invited in writing to take your place. In accordance with Part 1 of the above Art. According to the Labor Code of the Russian Federation, an employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance. The specified period begins the next day after the employer receives the employee’s resignation letter. It's clear? No later than two weeks... But, you can indicate any date of dismissal at your own request. exceeding two weeks. This means that having withdrawn your initial letter of resignation, you can immediately write another letter of resignation of your own free will, indicating in it a different date of dismissal, i.e. the date of dismissal at the end of your study leave. (calculate the days of this vacation carefully). In this case, yours is yours study leave the employer has no right not to pay. This is a legal option that does not require any consent from the employer and your humiliating requests to him. Variations are possible. If you don’t show up for work (in your words, “stupidly”), you may be fired for absenteeism. Also – “stupid”.

According to statistics, leaving at will (Article 77 of the Labor Code of the Russian Federation) is the most common type of termination of cooperation. Employees choose this option because there is no need to write down the actual reason for leaving the organization. And employers welcome: there is no need to carry out a complex procedure for terminating a contract, paying additional compensation, or looking for valid reasons for terminating the agreement.

According to the Labor Code, to terminate an employment contract on your own initiative you must:

To write an application. There is no strict form, follow the general rules. You can ask for a sample at .
Submit the document personally to the manager or through personnel officers. You can send a valuable letter with an inventory by mail.
Work for 2 weeks. You can leave without work if:
1. Mutual consent of the parties.
2. Enrollment in a university for full-time study.
3. Retirement.
4. Moving to a new place of military service of the spouse.
Familiarize with an order, get in hand, work book and calculation.

The legislation provides for the possibility of going on vacation with subsequent termination of cooperation.

Dismissal of an employee at his own request

Upon termination of a TD, the employer takes the following measures:

Registration of application. Accept the document from the employee, check the correctness of its preparation, endorse it and determine the working period of 2 weeks, unless otherwise provided by law.
Order of dismissal. After complying with the formalities associated with mandatory service, the personnel officer is required to make an order (Form T-8 or T-8a). On the day of departure, the employee is presented with a document against signature; at his request, the manager is obliged to issue a certified copy.
Certificate of income for the last 2 years. Received from the accounting department (in accordance with the norms of Order of the Ministry of Labor No. 182n). If one has not been issued, the employee has the right to request it at any time. Law No. 255-FZ of December 29, 2006 allows 3 working days to issue a certificate. The drafting rules are regulated by FSS letters No. 25-0314/12-7942 and No. 15-02-01/12-5174l.
Certificate of contributions to the Pension Fund. According to Law No. 27-FZ of 04/01/1996, the accounting department is obliged to prepare a document containing information about all deductions and information intended pension fund. Depending on the place of presentation, the certificate is issued in the form SZV-M or RSV-1 PFR.
Recording data in(Form No. T-2). In the column “Grounds for termination of TD” write “Employee’s initiative”, in the line “Date” indicate the last day of work, enter information about the order. The data is endorsed by the personnel officer and the person leaving.
Note-calculation. On the day of departure, an internal document is drawn up in form No. T-61. The front side contains information about the employee and the termination of the TD. On back side The accounting department calculates the due amounts.
Calculation. According to Art. 84.1 and 140 of the Labor Code, on the last day the employee is paid wages for time worked, bonuses and other payments due.
Recording dismissal in labor records. The personnel officer is required to fill out the experience book in accordance with the requirements of Part 5 of Art. 84.1 of the Labor Code, certify the entry with the signature of a specialist from the HR department, the employee himself, and seal it with a wet seal. Then on receipt.

During dismissal, an employee may request other documentation in writing, for example, a copy of the order for enrollment, etc. The employer is obliged to issue the required duplicates, duly executed.

Application deadlines

The procedure for dismissal at the request of an employee (Article 77 of the Labor Code of the Russian Federation) requires filing an application 2 weeks before leaving. If, the paper is sent 3 days before the date of termination of cooperation. But the heads of organizations are required to notify higher management and the human resources department at least a month before the termination of the TD.

The employer does not have the right to increase the working period, but there are cases when they can be reduced:

the employee goes on vacation, after which he immediately quits. The application is submitted on the last day actually worked, and all personnel documents are issued on the same date;
by mutual agreement of the parties;
an employee has been found to fill the position of the person leaving;
Violations of discipline, Labor Code norms or local regulations have been committed.

Part 4 art. 80 of the Labor Code provides for the opportunity to withdraw an application for dismissal during the period of service.

Which article of the Labor Code should I refer to when applying - 77 or 80

Representatives of Rostrud gave a comprehensive answer:

Clause 15 of the “Rules for maintaining and storing work books” states: “when the validity of a trade union is terminated at the initiative of the employee, Art. 77 with the corresponding paragraph."
The instructions that are followed when filling out labor documents also prescribe a reference to Article 77 indicating the paragraph.

Based on the norms of the law, the correct entry should look like: “Dismissed at my own request, clause 3, part 1, article 77 of the Labor Code of the Russian Federation,” which can also be supplemented with the reason for the calculation - in connection with relocation, study. The indication of Article 80 makes information about the termination of TD invalid.

Record of dismissal in labor

What difficulties may arise

Despite the fact that cessation of activities in an organization at one’s own request is a simple procedure from the point of view of the law, practice shows that difficulties often arise. Let's look at the most common ones and find a solution:

The employer refuses to accept the application. Send the document by mail with an inventory and notification.
The employee submitted an application and did not show up for work. This is considered absenteeism and.
The manager forces the employee to resign at will. Go to court, this is a violation of Art. 391, 394 and 395 TK.
The dismissal was issued on a date earlier than the established deadline. Challenge the action in the courts.

Many do not defend their rights in court for fear of high costs. According to Article 393 of the Labor Code, all costs of conducting a case are paid by the employer if the court finds the manager’s actions illegal. The employee will be reinstated and compensated.

There are also nuances to the withdrawal of an application. The employer has the right to refuse recall if an employee who is being transferred to work from another institution has already been found to fill the dismissing position.

If you apply for a vacation and then plan to resign, remember that you can withdraw your letter of resignation only before the start of the vacation (Article 127 of the Labor Code).

Conclusion

The Constitution guarantees the right to work, and the Labor Code enshrines the right of an employee to resign at his own request without giving reasons. To terminate employment, it is enough to correctly draw up an application and comply with the formalities provided for by law.

For the employer, this form of termination of employment is not burdensome: there is no need to collect evidence of the employee’s inadequacy or draw up internal documentation about absenteeism or disciplinary violations, using a special dismissal procedure.

New edition of Art. 80 Labor Code of the Russian Federation

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

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

In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

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

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

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Commentary on Article 80 of the Labor Code of the Russian Federation

The procedure for terminating an employment contract at the initiative of an employee is determined by Article 80 of the Labor Code of the Russian Federation. This article gives the employee the right to early termination of an employment contract at his own request, without making this desire dependent on the motives that guide the employee in this case - they can, in principle, be anything.

Early termination of an employment contract at the initiative of the employee is preceded, as already noted, by a written warning to the employer, which must be sent to the latter no later than 2 weeks before the expected date of dismissal of the employee. It is noteworthy that such an application must be submitted by the employee, regardless of whether he is “on duty” or, say, on sick leave.

Accordingly, when submitting an application to return to work (for example, after a vacation), the employee must proceed from the fact that general case the employment contract with him will be terminated on the 15th day after submitting the application. Upon expiration of the notice period for dismissal, the employee has the right to stop working.

However, and dear readers should point this out Special attention- by agreement between the employee and the employer, the employment contract can be terminated before the expiration of the notice period for dismissal, i.e. earlier than 14 days. To do this, the employee must indicate in a written statement the desired date of dismissal.

For its part, the employer can satisfy this request of the employee, or he can refuse it. However, in cases where the submission of a written application for early termination of an employment contract at the initiative of the employee is due to the impossibility of continuing his work, for example in connection with enrollment in an educational institution, retirement and other similar reasons, as well as in cases of established violation by the employer of laws and other regulatory legal acts containing labor law norms, the terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified by the employee in the application.

On the other hand, Article 80 of the Labor Code of the Russian Federation gives the employee the right, before the expiration of the notice period for dismissal, to withdraw a previously submitted written application at any time. The occurrence of such a situation, which in practice, by the way, is by no means rare, suggests two options for its resolution:

1. At the time the employee recalled the written application for early termination of the employment contract, another employee had not been invited in writing to the position (workplace) he was vacating.

In this case, the employer does not have the right to refuse to continue working for the employee who has “come to his senses” under the conditions stipulated by the “almost” unterminated employment contract. Thus, if, after the expiration of the notice period for dismissal, the employment contract was not terminated and the employee no longer insists on dismissal, continuing to perform the work assigned to him in accordance with the employment contract ( labor function), then the employment contract continues until circumstances arise that make it possible to terminate it legally.

2. At the time the employee recalled a written application for early termination of the employment contract to the position (workplace) he was vacating, the employer invited in writing another employee, who - we emphasize this - in accordance with the Labor Code of the Russian Federation and other federal laws cannot be refused concluding an employment contract. Let's illustrate this with the following example:

A few days later, employee N.N. Novikov was invited in writing to fill the position of employee Lukin L.L., who submitted a written application requesting resignation of his own free will. At the same time, for Lukin L.L. the work he performed was the main one, and Novikov N.N. invited to work as a part-time worker.

Three days before the end of the warning period, Lukin L.L. submitted a written application to the employer with a request to continue working in the same capacity. In this situation, the employer has the right:

b) propose to Novikov N.N. performing the work as the main one and, if the latter agrees, expressed in the form of a written statement, notify Lukin L.L. that an employee for whom this work will also be the main one. However, in case of refusal of Novikov N.N. from performing work as his main job, he, in turn, may be denied this work, since Lukin L.L. is still ready to perform it as the main one (as was provided for in the previously concluded employment contract with him);

c) in case of consent of Novikov N.N. to perform work previously performed by L.L. Lukin, L.L. Lukin may (but is not obligated) to offer L.L. Lukin as the main employer. other work available at the enterprise and, with the consent of L.L. Lukin, accept him to the enterprise in a new capacity, having previously terminated the employment contract with him on the basis provided for in Article 80 of the Labor Code of the Russian Federation, and then concluded a new employment contract with the employee.

The employer issues a corresponding order regarding the dismissal of an employee on the grounds provided for in Article 80 of the Labor Code of the Russian Federation. Based on the order to dismiss the employee, other necessary documents are drawn up.

Another comment on Art. 80 Labor Code of the Russian Federation

1. Article 80 of the Labor Code of the Russian Federation regulates the procedure for termination, at the initiative of the employee, of both a fixed-term employment contract before its expiration, and a contract concluded for an indefinite period. Previously existing legislation established restrictions on an employee’s ability to terminate a fixed-term employment contract early (Article 32 of the Labor Code), justifiably based on the fact that the term condition is one of the many conditions that make up the content of the employment contract, due to which an unmotivated unilateral violation of this condition is contrary to the universal principle of contract law - “contracts must be performed.”

2. By virtue of Part 1 of Art. 80 of the Labor Code of the Russian Federation, the employee’s will to terminate the employment contract must be expressed in writing. All other forms of such expression of will have no legal significance. An employee's initiative aimed at unilateral termination of an employment contract is usually expressed in the form of a corresponding written statement.

In practice, there are often cases when an employer delays making payments to an employee and issuing a work book to him, citing the fact that the employee did not fill out the so-called bypass sheet, did not hand over the material assets assumed, etc. This type of practice is not intended current legislation about labor, and therefore is illegal. Moreover, after the expiration of the notice period for dismissal, the employee has the right to stop working, and the employer is obliged to issue him a work book on the day of dismissal (last day of work) and, upon the written request of the employee, copies of documents related to the work, as well as pay all amounts due to him from the employer (see article, to them).

3. Termination of an employment contract at the initiative of the employee is possible at any time and without specifying the grounds for dismissal. At the same time, without limiting the employee’s right to resign freely at his own request, the legislator connects the occurrence of various types of legal consequences with the presence of certain reasons for such dismissal. So, in accordance with paragraph 1 of Art. 29 and Art. 30 of the Law of the Russian Federation of April 19, 1991 N 1032-1 “On Employment of the Population in the Russian Federation” the reasons for dismissal, the list of which is given in this Law, affects the amount of the scholarship paid to citizens during the period vocational training, retraining and advanced training as directed by the employment service, as well as the amount of unemployment benefits. Reasons for voluntary dismissal listed in paragraph 1 of Art. 29, are confirmed by entries in the work book. Consequently, the reason for dismissal must be indicated not only in the employee’s application or order to terminate the employment contract, but also in the work record book.

4. The decision to dismiss at one’s own request must be an act of free expression of the employee’s will, otherwise it cannot be said that the employment contract is terminated on his initiative. In this regard, the Supreme Court of the Russian Federation draws the attention of courts to the need to proceed from the fact that termination of an employment contract at the initiative of an employee is permissible in cases where filing a letter of resignation was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a resignation letter of his own free will, then this circumstance is subject to verification and the obligation to prove it rests with the employee (subparagraph “a”, paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 ). However, the employer’s threat to terminate the contract with him on his own initiative cannot be considered as forcing an employee to resign at his own request, provided that the employer had grounds for this provided for by law (see).

5. If, before the expiration of the notice period for termination of the employment contract, the employee refuses to be dismissed at his own request, he is considered to have not submitted an application and cannot be dismissed on the grounds in question. An exception is the case when another employee is invited in writing to replace the resigning employee, who by law cannot be refused to conclude an employment contract. The wording of Art. 80 of the Labor Code of the Russian Federation is quite unambiguous: we mean only those cases when another employee is invited to replace an employee who resigns at his own request, and in writing, i.e. a person employed by another employer who is dismissed by transfer to this employer (see, to them). Accordingly, all other statutory guarantees for concluding an employment contract (see herein) do not apply to the situation provided for in the commented article. For example, an employee cannot be denied annulment of a voluntary resignation on the grounds that his position is expected to be filled by a pregnant woman who has been promised the job.

When granting leave with subsequent dismissal in the event of termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his resignation letter before the start date of the leave, unless another employee is invited to take his place by way of transfer (see). If, while on vacation, the employee becomes temporarily incapacitated, as well as in the presence of other valid reasons, the vacation must be extended by the appropriate number of days (see the commentary thereto), and the day of dismissal is considered the last day of vacation. However, if the employee insists on terminating the employment contract from the initially determined date, his request must be satisfied.

Since the law provides for a mandatory written form for filing an application for resignation of one’s own free will, it should be assumed that the employee’s will to cancel this application must be expressed in the same form.

6. In accordance with Part 6 of Art. 80 of the Labor Code, if after the expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the contract continues. Thus, the fact that the employee’s work period has expired excludes the possibility for the employer to terminate the employment contract on the grounds in question, if “the employee does not insist on dismissal.” The latter formulation is broad and vague. It should be assumed that this applies to the case when, after the expiration of the notice period for dismissal, the employee returned to work and was allowed to work (i.e., continued to perform duties under the employment contract). At the same time, part 6 of Art. 80 should also apply when the employee expressed a desire to continue work, was not allowed to work, but the employer delayed the issuance of a work book, other documents required by the employee related to the work, as well as settlement with him.

The forms in which an employee can “insist on dismissal” are not defined by law. The most obvious is termination of work upon expiration of the notice period; however, the employee’s expression of will in other forms when continuing work is not excluded. In the latter case, dismissal must be carried out within other terms agreed upon by the parties.

It should be borne in mind that the employee’s demand in question has legal significance only at the time of expiration of the working period. If the employment contract was not terminated upon expiration of the service period, the employee continued to work, and subsequently demanded termination of the employment contract with him with reference to Part 6 of Art. 80, such a requirement cannot be considered legal: the employment contract must be terminated according to the rules established by Art. 80, including completion of the established notice period for dismissal.

7. The period of notice by the employee to the employer about the upcoming dismissal is determined by labor legislation. In accordance with Article 80 of the Labor Code of the Russian Federation, an employee, when terminating an employment contract, is obliged to notify the employer about this in writing no later than two weeks in advance. Consequently, notice of voluntary dismissal can be given earlier than two weeks. A temporary or seasonal worker must notify the employer three days in advance (see Art.,). The same period is provided for the dismissal of an employee at his own request during the probationary period (see also the commentary to it). The head of the organization has the right to terminate the employment contract early by notifying the employer (owner) of the organization’s property no later than one month in advance (see herein). The expiration date begins on the next day after the calendar date on which the application was submitted (see it).

An employee’s absence from work for valid reasons (for example, due to temporary incapacity for work) is not grounds for extending the period of service upon dismissal of his own free will. At the same time, the employee’s refusal to dismiss may be declared by the employee during his absence from work for the specified reasons.

As a general rule, unilateral reduction of the working period is not allowed. So, if an employee left work without working the period established by law, then this fact is regarded as absenteeism, giving grounds to dismiss the employee on the initiative of the employer (). At the same time, judicial practice proceeds from the fact that an arbitrary, without agreement with the employee, reduction of the working period or dismissal without working off gives the employee grounds to demand reinstatement at work with payment for the time of forced absence.

There is one exception to this rule, when the reduction of the term is due to valid reasons, the list of which is given in Part 3 of Art. 80 Labor Code of the Russian Federation. Among such cases, one can indicate the employee’s entry into military service under a contract (see).

The fact of violation by the employer of laws and other normative legal acts containing labor law norms, the terms of a collective agreement, agreement or employment contract, as a circumstance obliging the employer to terminate the employment contract within the period specified in the employee’s application, can be established, in particular, by the bodies implementing state supervision and control over compliance with labor legislation, trade unions, commissions for labor disputes, by the court (part 2, subparagraph “b”, paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).

In these cases, the employer is obliged to terminate the employment contract within the period requested by the employee.

In all other cases, the agreement of the parties must be reached regarding the termination of an employment contract at the initiative of the employee without working out the period established by law or with a reduction in this period (subparagraph “b”, paragraph 22 of the said Resolution of the Plenum of the Supreme Court of the Russian Federation). It can be expressed in the form of a written statement from the employee about resignation of his own free will, indicating in it the conditions for dismissal without service or with a shortened period of service, or a corresponding order from the employer containing the signature of the resigning employee. Strictly speaking, since the law (Part 2 of Article 80 of the Labor Code of the Russian Federation) does not provide for the form of agreement between the employee and the employer regarding the period of service upon dismissal at their own request, such an agreement can also be reached orally. However, one should take into account the difficulties of proving the existence of this agreement.

8. It should be assumed that, as a general rule, if there is another reason for terminating an employment contract - for example, a change in the owner of the organization (see), the employee’s refusal to continue working due to a change in the essential terms of the employment contract (see), refusal to transfer to another job in accordance with a medical report, refusal to transfer in connection with the employer’s relocation to another location (see it) - priority should be given to the employee’s expressed will to resign at his own request.

In addition, at the request of an employee whose dismissal is declared illegal, the court may limit itself to making a decision to recover in his favor the average earnings for the period of forced absence and to change the wording of the grounds for dismissal to dismissal at his own request (see). An employee's submission of a written resignation letter of his own free will cannot be considered a circumstance excluding the possibility of termination of an employment contract with him at the initiative of the employer - if there are grounds for this established by law.

Labor legislation provides for the possibility of termination of work at the initiative of an employee at any time during the fulfillment of obligations.

Article 80 of the Labor Code of the Russian Federation - dismissal of one’s own free will without working off; such grounds must be indicated in the application for termination labor contract.

As a general rule, the employer must be notified of the termination of the relationship 14 days in advance. In which cases exceptions are made and work is not required - all this will be discussed in this publication.

Working off - types and period of notice of dismissal

The law establishes a working period - the period after filing an application to terminate the contract, within 2 weeks.

This time is provided for the possibility of searching for a new candidate for the replaced employee, as well as transferring to the latter the matters within his competence. Within 14 days vacant place must find a new person who will be ready to begin performing work duties.

This is a standard rule. In some cases, the period may be reduced to 3 days or increased to 1 month.

When the working period is 3 days:

During probationary period when the refusal of the employment relationship comes from the employee or directly from the employer. The form for formalizing a break in relations at the initiative of the employee is a letter of resignation, the employer is an order to terminate the contract. This possibility is provided when the parties are in an employment relationship for a period of no more than 3 months. If the specified time is exceeded, the work will be 14 days.
When performing seasonal work. An employee can notify the administration 3 days in advance, but if the initiative comes from the company, the notification is given to the employee 7 days in advance. This often happens when the employment agreement is terminated due to the liquidation of the enterprise or staff reduction.
If the contract is short-term in nature, it is concluded for a period of no more than 2 months. This requirement applies to relations during the liquidation of an enterprise or the closure of an individual enterprise.

It is necessary to work for a month in the following cases:

Upon dismissal of the chief accountant or head of the enterprise on the basis of Art. 280 Labor Code of the Russian Federation.
Upon termination of the employment relationship with a coach or athlete, if the contract is concluded for a period of 4 months or more - Art. 348.12 Labor Code of the Russian Federation.
If it is impossible to fulfill the obligations under the contract with the individual entrepreneur. The application is submitted through local authorities.

It is important to know: during work for any reason, the employee must properly fulfill his job responsibilities on the basis of an agreement concluded with the employer and job descriptions. If personnel fail to show up for work, dismissal under the article is possible.

The legislation does not provide for such a concept as “working off”. This term is not of a legal nature and means a warning to the employer for a certain period of time to terminate the contract with the fulfillment of obligations as usual within the specified period.

Reasons for voluntary dismissal without work

Termination of employment relations is possible by mutual consent of the employee and the employer on the day of signing the contract or at any other time within the 14 days stipulated by law (Article 81 of the Labor Code of the Russian Federation).

Other grounds for termination of relations the next day after filing an application may be established by the employment contract, internal rules labor order in an organization or individual entrepreneur.

These include:

Care at the own request of a retired employee.
Pregnancy.
Maintenance of a child under 14 years of age or a disabled person upon provision of a medical report.
Unsatisfactory state of health - the employee cannot work at the place of employment due to objective reason. A certificate from the medical institution is provided.

This is interesting: during the working period, if vacant position not found new person, the employee has the right to cancel his resignation. In this case, the employer cannot prevent the employee from taking the notice and continuing to perform work duties as usual.

If a person is fired but has not been paid his wages, he has the right to demand a calculation taking into account the accrued penalties. The penalty is assumed to be equal to 1/300 of the refinancing rate for each day of delay. This is indicated in the application to the court or labor inspectorate.

Payments are established by a court order or decree, which, upon entry into force, are binding on the enterprise. Collection is carried out by the Service forcibly on a compulsory basis.

Some tricks - how to avoid detention

In exceptional cases, no work is required:

Admission to higher education educational establishments when providing an order for training.
When going on annual paid leave, if it is 2 weeks, subject to prior submission of a letter of resignation 14 days in advance (Article 127 of the Labor Code of the Russian Federation).
If the husband or wife is transferred to work abroad or to another region. It is necessary to confirm the circumstance with an order, then dismissal without service will be legal.
If the employer violates labor laws: regular non-payment of wages, lack of annual payment. All specified facts must be recorded in a conclusion labor inspection, a court order or a response to a complaint to the prosecutor's office.
Taking sick leave coincided with the timing two-week work before dismissal.

Sample letter of resignation

In an application for termination of a contract without working within the framework, the following details must be indicated:

grounds for termination of the contract – Art. 80 Labor Code of the Russian Federation;
date of dismissal - the employer can agree with it or set a different period - this is his right, not an obligation;
full name of the employee;
comment on the termination of obligations without working off - pregnancy, serious health condition, change of place of residence, enrollment in a university, etc.;
attachment of documents confirming the reason for leaving the workplace.

The document contains the date of submission of the application and the signature of the employee.

You can download a sample letter of resignation without service.

Take into account: There is no unified form of the document, but it is better to take a sample as an example, this will help to avoid errors when filling out. In addition, amendments may often be made to the document form.

The paper is prepared in two originals: one is given to the employer, the second is marked with receipt indicating the date and number of the incoming person. It remains in the employee’s hands in order to confirm his intentions and to provide an evidentiary basis in the event of a dispute.

How to quit without working for 2 weeks: instructions

In order to receive dismissal without service, you must complete the following steps:

Submit an application for dismissal and attach to it documents justifying the need for urgent termination of the contract: medical report, notice of leave, sick leave, pension certificate, etc. Or, by agreement, along with the application, an agreement to the employment contract on termination of duties is drawn up.
The listed grounds for termination of a contract without working out are not listed in the law. Satisfaction of such a request is at the discretion of the company. However, if there are good reasons, if a specialist is denied dismissal, he has the right to file a claim in court, which in most cases is inclined to favor the employee’s position.
Wait until the day of dismissal. With and vacation is the next day after the end of their terms. For health reasons and in connection with transfer - the day after filing an application on the basis of Article 127 of the Labor Code of the Russian Federation.
The employer pays for vacation or sick leave in full, and the employee receives a payment.
Issued on the last day of work employment history, dismissal order and other necessary documents.

Good to know: The calculation upon dismissal includes the amount for annual paid leave, bonuses and other payments due to the employee for the period of activity. Personnel cannot be deprived of these benefits due to urgent leaving of their workplace. All amounts are subject to personal income tax in accordance with the procedure adopted for tax accounting, and also deductions are made to the Pension Fund and the Social Insurance Fund of the Russian Federation.

As can be seen from the content of Art. 80 of the Labor Code of the Russian Federation, there are quite a lot of circumstances that make it possible to complete work without working off. You may not go to your place of employment the next day after submitting your application if the employer violates the terms of the employment contract or the employee has valid reasons for urgent termination of obligations.

The main thing is to fill out the documents correctly: an application and, if agreed with the company, an agreement to terminate the employment contract without working off.

Watch the video in which a specialist explains the nuances of voluntary dismissal with and without work:

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