Conditions for dismissal without working off. Dismissal without working off ─ myth or reality? Is it possible to quit without working on a probationary period

An employee's ability to terminate labor Relations with the employer at will, Art. 77-78, 80 TC. But on general rule a specialist is obliged to inform his superiors about 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 work 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:

an employee has become a student at an educational institution;
transition to the status of a pensioner;
the employer violated the rules labor law(for example, he delayed the payment of wages, but the fact of violation must be documented in the form of an act of the labor inspection);
other cases.

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

the need to move to another place of residence;
the spousal partner is transferred to work in another city or country;
the results of the medical certificate indicate that the citizen can no longer work in this production or live in this area (you need to present the employer with this medical certificate);
the dismissal of a citizen is associated with the need to look after a seriously ill relative, a disabled child, a child who has not yet turned 14, as well as a person with 1 disability group;
a pregnant woman wishes to end the employment relationship.

Some workers believe that after writing a standard letter of dismissal, they can ask the employer to end the employment relationship with them immediately. This logic is wrong.

If a person has legal basis do not work out 14 days, he must write a statement in which to indicate the reason urgent dismissal... In addition, it is worth submitting documents that confirm the basis for an early employment agreement. Otherwise, a citizen can earn several absenteeism, and then risk being fired under the article.

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

It should be noted that the requirement of working off is not a prerequisite... In Art. 80 of the Labor Code, mentioned above, states that in case of mutual agreement, the employee may be dismissed on the day the application is submitted.

Dismissal after three days of work

Labor Code identifies several categories of workers who need to work 3 days rather than 2 weeks. These workers include:

persons who passed a probationary period at the enterprise. In this case, both the employee and his employer can act as the initiator of the termination of the employment agreement. 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 the person who has not passed the probationary period. Dismissal due to unsuccessful completion of the probationary period is allowed only if it is prescribed in the employment contract.
persons who have been hired for a maximum of 2 months. This possibility is provided for in Art. 292 TC. The procedure for the notification of the intention to terminate the employment relationship is no different from the previous case.
persons who were hired for seasonal work. This is stated in Art. 127 TC. If an employee wants to quit, then he is obliged to inform his superiors about his decision 3 days in advance. If the initiator is the head of the enterprise, then the warning must be made 7 days in advance.

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

Go away vacation and then quit

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

The duration of leave with further dismissal should not be less than 2 weeks. But there is one caveat: only the employer decides whether to give his subordinate leave before the immediate dismissal or not. A person planning to quit is obliged to 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 law, sick leave before dismissal is fantastic. This method of termination of employment is prohibited by law, and in the event of legal proceedings, such actions can be regarded as abuse.

But if you actually got sick and issued a sheet of temporary disability, then during the sick leave you can write a letter of resignation. However, such an employee will be able to quit only after the completion of the treatment.

The parties agreed to dismiss

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

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

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

the basis for the termination of labor relations, recorded in paragraph 1 of Art. 77 TC;
the date by which the employer is obliged to provide a written response to the received offer.

A written response is sent only if there is a disagreement between the parties to the employment agreement.

Secrets of the correct execution of an application for early dismissal

If a citizen knows that he has the right to dismissal without working two weeks, he needs to correctly declare his right. This is done with a written statement, which should contain the following information:

position and name of the specialist who is authorized to accept such applications;
the name of your employer;
Full name, as well as the position held of the dismissed employee;
the text of the statement, which expresses the demand for dismissal and the reason for early dismissal;
at the end, it is required to indicate the date of registration of the application, as well as to sign the applicant.

One statement is not enough for the head of the enterprise to let the specialist go without any work. You will increase the chances of a positive decision from your superiors if you show supporting documents.

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

It is best to draw up 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

Often there are cases when the manager does not want to break off the employment relationship without working off, despite the fact that the employee has a good reason to terminate 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 circumstances of the employee do not allow him to work for two weeks, he can go to court with a claim against his employer. But the process of protecting one's rights in this way will take a lot of time, nerves and money into a citizen. It is clear that such a course of development can hardly be called beneficial for the employee. It's easier to work out 14 days already.

But if an immediate dismissal is necessary, the employee can try to find a replacement for himself on his own. In most cases, managers are comfortable with this option. They are relieved to release a resigning citizen immediately on the day of dismissal. But if, in this case, the employer follows the principle, the only solution the problem is going to court with a claim against the head of the enterprise.

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The Labor Code states that each conditional worker must work a mandatory 2 weeks upon dismissal. In labor legislation, this obligation is called formal labor. But it is not present in all cases of termination of the contract with the employer. Therefore, this question is asked by most employees. Further, the procedure for such dismissal, as well as new amendments to it, will be explained in detail.

Dismissal of their own accord without working off new amendments 2017

In 2017, no fundamental amendments were adopted on this score. The fundamentals of labor relations remained unchanged, therefore, the employee's own desire in most cases implies compulsory work. Article 80 explicitly states that a citizen, on his own initiative, must submit a sample application at least two weeks before the proposed dismissal. Therefore, the employer has the right to accept this application and, accordingly, sign it only after 2 weeks. Failure to comply with this procedure is possible only upon reaching a mutual agreement of the parties. In this case, the employer can sign an application upon its submission, after which the employee will have to receive all due payments and compensations, which are provided for by the current labor legislation.

Is it possible to quit of your own free will without working 2 weeks

Labor legislation in this regard only indicates guidelines that can be agreed between the parties. If the employer agrees to such conditions, then the work as an obligation can be omitted. In this case, the employee submits his application, which is signed by the superiors in fact, and then the subject is paid all the required compensation. Thus, the issue is resolved within 2 days. Article 80 of the Labor Code of the Russian Federation dismissal under on their own without working off completely excludes, unless the consent of the employer is obtained. Article 77 of the Labor Code of the Russian Federation voluntary dismissal without work is also excluded, for the reason that the law gives the employer the opportunity to fill out vacant place precisely during the period of working.

If an agreement is nevertheless reached, then it is impossible to restrict the employee in any way upon dismissal. He is paid the due salary from the calculation until the day of the direct signing of the application and the publication of the local order. Your own desire can be realized regardless of the reasons, and at any time. In this case, the overall process always remains unchanged. Upon the issuance of the order, the staff unit is removed from the balance sheet of the enterprise, and the corresponding entry is made in the current timesheet. The person is paid all compensations, and a personal work book is issued, which indicates the article of dismissal.

Article 80 has not undergone amendments this year, so the obligation is assigned to all employees, regardless of their position. This is possible in cases where the employer does not agree to release the staff unit on the fact of the accepted application, to which he has every right. The disposition states that if the dismissal takes place of their own free will, then the appeal to the name of the superiors is submitted at least 14 days in advance - a fixed period prescribed for working off under the current labor legislation. As for payment, this period is paid in full accordance with the labor agreement, without any possible deductions.

Labor legislation also indicates amendments, according to which, even if it is impossible to reach mutual consensus, the employer should not accept and sign a formal statement from his employee. This is possible in the following cases:

when a transfer is made within the framework of one institution;
if the state of health of the subject does not allow him to continue to perform his labor duties, in particular, this applies to pensioners;
own desire is caused by the need to care for the child;
the initiative of the employer himself;

Amendments can also operate on the basis of local legislation in a separate institution. But they cannot go against the provisions of labor legislation. It is allowed to add grounds to this list, and its reduction would be a direct violation of the relevant labor legislation.

If an employee wants to issue a dismissal directly upon the fact of contact, as happens in most cases, then this circumstance, indicating the reasons, must be registered in a formal application. Further, the decision will be up to the employer.

Is it possible to quit without a job?

Regulatory legal acts determine when dismissal without working off can be carried out.

These situations include:

when enrolling in a university for a full-time department;
when the employee retires;
if the employee violates the points of the Labor Code of the Russian Federation;
other situations.

moving to another locality in order to carry out work;
due to the direction of the 2nd spouse on work visa abroad;
caring for a sick family member or a minor citizen under the age of 14.

If there are reasons, the employee is obliged to notify the management in advance that he will not be able to work for the prescribed period.

Terms of termination of an employment contract

In accordance with the law, the employee must notify the employer of the intention to leave workplace a written application no earlier than 14 days before leaving.

This period is set for the transfer of responsibilities to a new employee. During this time period, the employee is obliged to carry out the work as before. Otherwise, the employer has the right to fire a citizen for absenteeism.

When is detention necessary?

Development should be carried out in two cases:

when leaving the workplace at will, in accordance with Article 80 of the Labor Code of the Russian Federation;
due to staff reduction, in accordance with article 180 of the Labor Code of the Russian Federation.

In the second case, the employer most often fires the employee with compensation for the time not worked.

Duration

The mining process is divided into certain periods, depending on the case:

Let's consider each term separately.

Three days

This period is set in the following situations:

employee on probationary period;
employee works on the basis fixed-term contract, the employee himself can terminate the agreement;
there is an employment agreement for a time period of 2 months.

Two weeks

The standard working time is set at 14 days. In the event that the employee changes his mind, he can request his application back and thereby cancel the dismissal.

Citizens who quit by agreement of the parties or when taking leave with the subsequent departure from work are deprived of this opportunity.

It is also impossible to return the application if a new employee is hired.

One month

In the case when an employee worked as a director, deputy, or chief accountant, then the term of work will be a month. In this case, the director is obliged to convene a meeting of the founders.

Athletes, trainers with whom there is a contract for activities longer than 4 months. In this case, the agreement is terminated ahead of schedule, but the working off is 1 month.

Also, in the absence of an employer-entrepreneur for a long time, the employee has the right to terminate the contract by contacting the local administration.

The legislative framework

The process of working off upon dismissal is regulated by Article 80 of the Labor Code of the Russian Federation.

Payments upon dismissal without working off are carried out in accordance with Article 180 of the Labor Code of the Russian Federation.

Dismissal without working off

Dismissal of one's own free will without working off is possible in some cases. Such dismissal also applies to certain categories of citizens.

Of my own free will

Employees have the right to resign in the following cases:

if they are employed in enterprises where employers do not comply with the rules and conditions of the employment contract;
if the retirement age has been reached and the citizen has retired;
when entering a university, but it is important that documents are attached, for example, an order of admission;
when leaving on a work visa, you must attach a transfer order and a call.

How to write a vacation order followed by dismissal? See here.

At the initiative of the employer

Dismissal on the initiative of the employer without working off is not provided for by law.

In some cases, the employer offers to resign of his own free will and does not require 2 weeks of work.

On probation

An employee on probation can be fired any day. Be sure to go through 3 days of working off.

Retired

According to the current legislation, retirees have the right to quit on the day of retirement.

This refers to the case when a pensioner has just reached the age criterion and for the first time passes to a new status. Working off in 2 weeks is not required.

For family reasons

For family reasons, there are cases when the spouse of an employee received a call to transfer to a workplace in another city / region / country. Moreover, the move should be carried out as soon as possible.

But without documentary evidence, the dismissal will be accompanied by a working off of 2 weeks.

One day

Dismissal in one day is possible in the case when the employee and the boss managed to agree between themselves. So in the presence of special circumstances that the employee can confirm, you should write a statement.

Variants

Dismissal without working two weeks can be carried out in different ways, each of which has its own characteristics.

Sick leave

For dismissal without working off, you can go on sick leave. That is, before you draw up a sheet, you should warn your superiors about your intention to quit. Dates must be indicated in the certificate of illness.

After leaving the hospital, the employer is obliged to issue a labor and calculation.

Vacation followed by dismissal

If an employee has a vacation in stock, then he has the right to issue the remaining two weeks of rest, followed by dismissal.

But it is worth discussing everything with the boss in advance so that they can find a replacement for the place. But even in the case when there was no agreement with the manager, the employee has the right to go on vacation.

Registration procedure

The procedure for issuing a dismissal in 2017 has not changed. The employee must:

to write an application;
work out the due date;
provide Required documents;
sign the documents of the organization;
get calculation and labor.

If the due date is being worked out, then the employee must transfer his duties to a new employee.

How to write a statement correctly?

To be dismissed, an employee is required to draw up an application for the employer's full name. At the same time, it does not matter whether a citizen leaves with or without work.

In the application, you must indicate: "I ask you to dismiss without working off a two-week period due to the following circumstances ...".

The employee must provide evidence as to why he cannot work for 14 days.

How is a dismissal made in connection with a job cut? Information here.

What is the amount of compensation for dismissal by agreement of the parties? Details in this article.

Sample

name of company;
Full name of the employer;
Full name of the employee;
position held;
what is the point - dismissal of your own free will;
why it is impossible to carry out the working off;
number;
painting;
decryption of passport data.

A sample letter of resignation without service is here.

The application is signed by the head and the seal of the organization. Dismissal is impossible without a properly executed application.

If you do not indicate that it is necessary to quit without work, the employer has the right to demand to continue labor activity for another 2 weeks.

Working on dismissal of your own free will - 2017

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Working off for 2 weeks upon dismissal - article of the Labor Code of the Russian Federation 2017 year does not directly provide for such an obligation. The features and possible timing of this stage of dismissal in 2017 will be discussed in our article.

Working 2 weeks upon dismissal: article of the Labor Code of the Russian Federation in 2017

Probably every working person knows about such a stage of dismissal as working off. It should be noted that the concept of working off is not given in the legislation. It is often confused with the term for warning the employer about the upcoming dismissal. Following Art. 80 of the Labor Code of the Russian Federation, the employee is obliged to inform the employer in writing about his decision to leave for 14 calendar days before the date of dismissal. But in the Labor Code of the Russian Federation there is no indication that an employee is obliged to work on these days.

Having decided to change the place of work, a person may ask the question: is there an opportunity to leave without working out? The answer to it can be found in labor legislation, as well as the established practice of personnel officers and courts.

To begin with, let's consider what the Labor Code of the Russian Federation says about this. It directly provides for several cases (Article 80 of the Labor Code of the Russian Federation) when you can quit without working out:

First, if you agree with the employer. With the consent of both parties, the employment relationship can be terminated earlier. The Labor Code of the Russian Federation allows you to do this without any consequences.
Secondly, if the employee does not have the opportunity to continue working. The reasons may vary. The Labor Code of the Russian Federation contains an open list of them, and only 2 are indicated as an example: admission to an educational institution and exit to a well-deserved rest upon reaching retirement age... Another reason may be the relocation of the spouse for work reasons (resolution of the plenum The Supreme Court RF dated March 17, 2004 No. 2).

Thirdly, if the employer violates the norms of labor legislation (including those provided for by internal regulations).

Separately, the law considers the case when the employer delays the payment of wages to his employees for more than 15 days (Article 142 of the Labor Code of the Russian Federation). In such a situation, the Labor Code of the Russian Federation gives the employee the right to suspend the implementation of his job duties... And together with the application for the suspension of work, submit a letter of resignation. If the suspension of work will be more than 14 calendar days, then there is no need to work out, since the days of the suspended work are considered in fact worked.

You can also avoid working off if you go on vacation or sick leave before dismissal. If the vacation lasts more than 2 weeks, then the date of dismissal will be the last day of the vacation. And if an employee is sick for longer than this period, then on the 14th day he must be fired.

In addition to those listed above, there are several other ways to avoid two weeks of working time upon dismissal. They are not directly provided for by law, but have become practically normative due to the frequency of their application in practice. For example, care for health reasons, when you change your place of residence, because of the need to take care of a child or a sick relative. All of them are applicable only with the consent of the employer.

IMPORTANT! In the application for dismissal, the employee must clearly state his request to dismiss him without working off, indicate the reason and the specific date of leaving.

How much to work on dismissal of your own free will

Dismissal with working off in 2 weeks: how to count? From what moment does the working off begin? Let's try to figure it out.

But the term of working off may vary. For example, if an employee who is on a probationary period is dismissed, the Labor Code of the Russian Federation obliges him to notify the management about his departure 3 days in advance (part 4 of article 71 of the Labor Code of the Russian Federation). The same period is provided for employees who have entered into a fixed-term employment contract (up to 2 months) and perform seasonal types of work (Articles 292, 296 of the Labor Code of the Russian Federation).

If an employee who is employed leadership position, then the warning period is 1 month (Article 280 of the Labor Code of the Russian Federation). If a sports coach or athlete resigns at his own request, the period is also 1 month. But the term of his employment contract must be more than 4 months. And if, according to the terms of the contract, the term of work is several months, then he is obliged to comply with it.

Outcomes

Summing up, we can conclude that dismissal without working two weeks is quite realistic. Working on voluntary dismissal is not always a mandatory procedure, and its duration may vary. Of course, if the employee did not manage to avoid working off and he is at the workplace, he must comply with all the terms of the employment contract. Otherwise, the employer has the right to fire him for absenteeism or non-fulfillment of official duties.

In any situation, the best solution would be to agree on all the details of the dismissal with the employer, who often meet the needs of employees. This will avoid possible difficulties and disputes when leaving.

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Dismissal of your own free will without working off, sample application

Every employee has the right to be dismissed of his own free will without working, if he reaches an agreement with the employer.

The employee must notify the employer about the dismissal 2 weeks in advance. This term is called "working off", although such a concept is not provided for in labor legislation.

These 2 weeks are called the warning period, during which the employee finds himself new job, and the employer is a new employee, or is trying to "keep" the quitting one.

But in Art. 80 of the Labor Code of the Russian Federation, which regulates dismissal at the initiative of an employee, provides for dismissal without working a two-week period.

There are 2 procedures for dismissing an employee without completing the deadline set by the Labor Code of the Russian Federation:

Establishment of a different working period for the parties, not exceeding 2 weeks;
Conclusion of a dismissal agreement.

The employee and the employer can agree on the establishment of a different period of work. For example, a week. This is not prohibited by labor law. The main condition is that the term cannot exceed 2 weeks established by law.

Also the parties can sign additional agreement about dismissal without working off.

How to properly quit your job of your own free will without working off

The parties can agree that the employee leaves the next day after the application is submitted. It is better to document such dismissal by concluding a dismissal agreement.

This agreement must specify:

Grounds for dismissing an employee. In this case, of your own free will;
Last working day and day of dismissal. These dates may not be the same, so you must include both of them. If they match, then this should also be indicated;
The amount of all payments that the employer must make:
- Salary for the hours actually worked;
- Compensation for unused vacation;
- Other benefits that are provided for by an employment or collective agreement.
The preamble of such an agreement must be the same as in the employment contract;
It is necessary to make a reference to the employment contract that is being terminated - indicate its number and the date of conclusion.

The agreement is drawn up in duplicate and signed by both parties. One copy remains with the employee, the other with the employer. On the copy of the employer, the employee must sign and write "received a copy of the agreement."

The more detailed the agreement is, the less chance the employee has to challenge the dismissal in court. And although the law does not provide for the conclusion of such an agreement on a mandatory basis, as practice shows, it is better to conclude such an agreement.

It will save both parties to the contract from dishonesty of each other.

In Art. 80 of the Labor Code of the Russian Federation also provides grounds on which an employee can quit without working a two-week period, even without the consent of the employer:

Drafting an employee for urgent military service;
Start of studies at a higher or secondary vocational educational institution. To dismiss you must bring a certificate from educational institution about enrollment;
Retirement;
Violation of the labor law by the employer.

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

Detection of an occupational disease that does not allow the employee to continue to fulfill his labor functions;
Health disorder that does not allow living in this area;
Moving to a new place of residence;
Service move of a spouse or spouse.

Article 80 of the Labor Code of the Russian Federation - voluntary dismissal without working off

Everyone has the right to leave his job at any time he wants. In this, no one can limit him. Labor Code of the Russian Federation with new amendments stipulates that before dismissal, each person must notify the boss 14 days in advance. The date in the application is indicated on the basis of the terms agreed with the management. The employer cannot force a longer overtime than provided for by the law. New amendments made to the Law of the Russian Federation sometimes provide for the dismissal of an employee immediately, with the same number indicated in the application, if he has any valid reasons for that.

Dismissal of their own accord without working off - new amendments 2017

Amendments were made to the legislation for 2017 stating that an employee can leave without work. This applies to those cases when you need to quit, if the manager violates the law, or when the employee cannot continue to work for an important reason - health conditions, the need to start school. To issue a dismissal, you need to provide documents confirming the right not to work out.

Is it possible to quit of your own free will without working 2 weeks?

Provides in individual cases article 80 of the Labor Code of the Russian Federation dismissal of their own free will without working off. Recent amendments to the Law and others regulations also regulate special cases, when a person has the right to leave immediately:

childcare - for different categories this concept has a different interpretation, depending on whether the mother is single or is raising a disabled person;
retirement of an older employee - when retiring, it is not at all necessary to leave automatically on the same day, this is a person's personal initiative;
pregnancy;
caring for a relative with a disability;
election to a post, victory in a competition for a vacant post;
serious illness;
moving.

Sometimes it is worth trying to negotiate with the manager, because it is not always possible to provide confirmation. For example, it is difficult to prove the need to move to another city, if this is not due to the state of health or the departure of the spouse to the place of service.

The rules for dismissal of your own free will without working off

The leaving procedure will be standard:

to write an application;
provide documents confirming the right to leave of their own free will immediately;
receive documents and calculations on the agreed date.

It should be recalled that upon dismissal of your own free will severance pay often not paid - only compensation for unused vacation time and salary. But there are individual cases when the allowance is due, for example, leaving because of the husband's departure to the duty station.

In what cases is an employee obliged to work 2 weeks?

Before the amendments were made, it was stipulated that if the employer initiates the dismissal, then it is possible to draw up all the necessary documents at once. Working off is provided for when leaving for everyone who does not have benefits in this.

But it is also quite possible not to work out when the employer does not insist. Then in the application it is possible to indicate any desired date agreed with the head. And of course you can leave immediately if there is a reduction. Then a certain term of dismissal is initially indicated in the order - this day will be considered final.

When can an employee be released from working 2 weeks?

There are some ways to get away without working two weeks. Formally, it is necessary to work out, but in fact the employee will be free. To do this, by writing an application, you can immediately apply for a vacation. The person will receive the calculation and documents even before the vacation, but at the same time the length of the vacation will also be included in the length of service, which will be automatically credited to the account of working off.

The same procedure applies to sick leave - it is also paid after presentation. In addition, the possibility of dismissal immediately is regulated by other documents, so they should be taken into account when analyzing the procedure and the prescribed benefits.

An example of a letter of resignation of his own free will without working off

The application that is written by an employee who wants to quit has an arbitrary form. In this case, the document must include a certain list of mandatory items:

basis, referring to Art. 80;
desired date of dismissal;
details of the organization, head, date of writing;
employee data - full name and position;
additional reasons to leave immediately. If possible, it is worth clarifying in writing which documents are attached as a confirmation of the right. This can be a certificate from the university, from the husband's work, from the hospital.

It is still better to take a sample of a standard document in order to avoid mistakes. At the same time, it is worth regularly clarifying the amendments that can be made to the document form in order to avoid problems in the future. Sometimes you need to write 2 copies and leave one for yourself with the registration mark of the secretary, so that you can then defend your rights in the appropriate authorities, if the need arises.

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Labor legislation provides for the possibility of termination of work on the initiative of an employee at any time in the performance of obligations.

Article 80 of the Labor Code of the Russian Federation - voluntary dismissal without working off, such a basis must be indicated in the application for termination labor contract.

As a general rule, it is necessary to notify the employer about the termination of the relationship 14 days in advance. In what cases exceptions are made and working off is not required - all this will be considered in this publication.

Working off - types and duration of notice of dismissal

The law establishes a working period - the period after filing an application for termination of 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 cases that are in his competence. Within 14 days, a new person must be found for a vacant position, who will be ready to start working.

This rule is standard. In some cases, the term can be reduced to 3 days or increased to 1 month.

When the working period is 3 days:

During the probationary period, when the termination of the employment relationship follows from the employee or directly from the employer. The form for the termination of relations at the initiative of the employee is a letter of resignation, the employer is an order to terminate the contract. Such an opportunity is provided when the parties are in an employment relationship for a period not exceeding 3 months. If the specified time is exceeded, the working off will be 14 days.
When performing seasonal work. The employee can notify the administration 3 days in advance, but if the initiative comes from the company, the notification is delivered to the employee 7 days in advance. This often happens when an employment agreement is terminated due to the liquidation of the enterprise or the reduction of staff.
If the contract is of a short-term nature, it is concluded for a period not exceeding 2 months. This requirement applies to relations in the event of the liquidation of an enterprise or the closure of an individual enterprise.

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

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

It's important to know: during work for any reason, the employee must regularly perform his job duties on the basis of an agreement concluded with the employer and job descriptions... If the staff does not go to 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 about the termination of the contract with the performance of obligations in the usual way within the specified period.

Reasons for dismissal on their own without working off

Termination of labor relations is possible by mutual agreement between the employee and the employer on the day of signing the contract or 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 on the next day after filing an application may be established by an employment contract, the rules of the internal labor order in an organization or individual entrepreneur.

These include:

Leaving at the own request of a retired employee.
Pregnancy.
Maintenance of a child under 14 years of age or a disabled person upon the provision of a medical certificate.
Unsatisfactory state of health - the employee cannot work at the place of employment for objective reason... An act of a medical institution is provided.

It is interesting: during the period of working, if on vacant post not found new person, the employee has the right to cancel the letter of resignation. In this case, the employer cannot prevent the employee from withdrawing the notice and continuing to perform work duties as usual.

If a person is dismissed, but he was not paid wages, he has the right to demand the provision of a calculation taking into account the accrued penalty interest. The penalty is taken 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 regulation, which, when they come into force, are binding on the enterprise. Collection is carried out by the Service on a compulsory basis.

Some Tricks - How to Avoid Dealing

In exceptional cases, working off is not required:

Enrollment in higher educational establishments when submitting a training order.
When you go on an annual paid vacation, if it is 2 weeks, subject to the preliminary 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 by order, then the dismissal without working off will be legal.
With the admission of violations of labor legislation by the employer: regular non-payment of wages, the absence of annually paid. All these facts must be recorded by the conclusion of the labor inspectorate, a court order or a response to a complaint to the prosecutor's office.
The exit on sick leave coincided with the time of two weeks' work before dismissal.

Sample letter of resignation

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

grounds for termination of the contract - Art. 80 of the Labor Code of the Russian Federation;
the 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 residence, enrollment in a university, etc .;
attachment of documents - confirmation of the reason for leaving the workplace.

The document is marked with the date of submission of the application, the signature of the employee.

You can download a sample letter of resignation without working off.

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

The paper is compiled in two originals: one is handed over to the employer, the second is stamped with a receipt indicating the date and number of the incoming. It remains in the hands of the employee in order to confirm his intentions and to provide an evidence base in the event of a dispute.

How to quit without completing 2 weeks: instructions

In order to get a dismissal without working off, you must perform the following steps:

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

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. It is impossible to deprive the personnel of these advantages in connection with the urgent leaving of the workplace. Personal income tax is charged on all amounts in the order adopted for tax accounting, and also deductions are made to the Pension Fund and the FSS of the Russian Federation.

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

The main thing is to correctly draw up the documents: an application and, upon agreement with the enterprise, an agreement on termination of an employment contract without working off.

Watch a video in which a specialist explains the nuances of dismissal of his own free will with and without work:

Any dismissal implies two-week working off... This standard rule applies to all parties to an 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 2 weeks?

Why do you need working off

It is clear that when they leave, 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 any employee is warned by his employer about dismissal in advance. This is necessary first of all so that he can find a replacement.

But you 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 may quit without notifying the boss in advance.

In what cases you do not need working off

In what cases can you quit without working off? First of all employees who are going to retire do not work out the due date. The fact is that they always find out about the upcoming retirement in advance, therefore the employer is informed about this. But if an employee decides to retire suddenly, according to the law, he still does not work for 2 weeks.

The legal grounds for this are also:

moving of a person to another locality, including to another country;
leaving together with a husband / wife due to their transfer;
if the boss violated one or more of the 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 their labor functions;
if the position from which the employee is dismissed was held by competition;
military service;
a dependent is a child under 14 years old or a disabled person under 18 years old;
the need to resign in connection with caring for the rest of his family;
pregnancy;
liquidation of an enterprise;
staff reduction.

Dismissal of your own free will

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

This rule works if the reason for leaving is, for example, a serious violation by the head of modern labor laws 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 provisions in labor law according to which an employee can terminate an existing employment agreement. Additional work of 2 weeks is not required in the case when the resignation of the employee is beneficial to both parties. The law gives three days to terminate the contract.

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

probation;
dismissal with a fixed-term employment agreement concluded for a period not exceeding 2 months;
dismissal of workers who are employed in seasonal work.

In these cases, the employee gets rid of the need to work for another 2 weeks. Besides an employee can use unused leave as a working off... It is important to understand that this is not the employer's responsibility, but rather his good will. He may insist on working off and the employee will have to obey.

Vacation

This is the most The best way get rid of detention for those who cannot shirk this duty for a good reason. Naturally, the employee must have unused vacation days, otherwise nothing will work. According to the 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 still have to warn the boss a month before the date of dismissal, so the employee gains little. Is that more free time, which will allow you to find a new job and get vacation pay.

If the vacation days remain, but the employee does not want to go on vacation, he receives appropriate compensation. If there are two unused vacation, then one will have to "walk", and for the second to receive compensation, since it is impossible to receive payment for two vacations.

Dismissal letter

Can an employee quit without working out just without going to work? No, since this will be considered absenteeism and then he will simply be fired under the article. Even if the bosses violate the contract, the dismissal procedure must be followed. And the first step is to write a statement - it is on its basis that the labor agreement is terminated.

Example statement

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

First of all, the application must be submitted to writing... You can compose it yourself or print it on a computer, it doesn't matter.
In addition, the document must clearly indicate the employee's intention to terminate the employment relationship and have clearly stated reasons for dismissal.
The date of dismissal must also be indicated. If there is no reason for dismissal without working off, 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 fire me from May 23rd." In this case, May 22 is the last working day. Therefore, it is better to draw up this formulation without an excuse, then it will be May 23rd.

How can you quit without working off and indicate it correctly in your 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 in case of violation of the labor agreement by the employer

Is it possible to quit without working two weeks if the employer is abusing 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, you also need to prove it. That is, myself the fact of abuse by the employer of his position must be recorded by the relevant authorities... But the further procedure does not have a clear order.

For example, working conditions are monitored by labor inspectorate and prosecutor's office... Let's say that an appropriate inspection has been carried out, and the inspector has identified violations on the part of the employer. But he may be mistaken, which will be established in the future - how will this affect the dismissal of the employee? As for the inspection by the prosecutor's office, even in this case executive cannot draw up any specific act on verification, and therefore the violations revealed are not recorded anywhere.

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

Is there some more commission for labor disputes and courts. The fact of violation is considered established when the court decision or the commission's decision comes into force. Only by contacting these control bodies can it be possible to ensure that the employer's violation will be recorded and established. Then the employee can raise the issue of dismissal without working off.

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 forbid him to stay. But this rule does not always work: for example, if during this period an employee is on vacation or is sick, another employee may already be found in his place. In this case, the employer must provide written evidence that the position is already occupied.

The documents

According to labor law, the employee receives the payment and picks up all his documents on the last working day. Usually employers 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 wage paid on the last day of the vacation.

In addition to money, the employer must give the employee and his work book. Failure to do so could be considered a serious violation. At the same time, the employee has the right to demand material compensation for every day during the period when the work book was with the employer.

The date of dismissal is the date of return of the work book to the legal owner... If the date is incorrect, it is necessary to obtain a replacement using a statement. Sometimes in these cases you have to contact the labor inspectorate or the trade union.

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

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

Left in english

If an employee is going to quit of his own free will, do not expect that he will necessarily work the allotted 2 weeks. Labor law rules in 2018 allow for the absence of working off. For example, he may use his vacation to not work until he is fired.

Who has the right to be fired without work

The employee must notify you about dismissal of your own free will at least 2 weeks before the termination of the employment contract and work them out. You can agree and shorten this period (), but there are circumstances that exempt an employee from working off.

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

Conditions for dismissal without working off:

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

Reasons for dismissal without work for family reasons:

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

The employee may not tell you about the dismissal, thinking that you have violated labor laws. If he simply leaves before the fact of violation is established, it is absenteeism. Then you can dismiss the negligent by your decision.

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

The procedure for dismissal on account of vacation

An employee can declare his resignation while on vacation and leave work without leaving it. Or ask in writing to take into account unused vacation days as working hours. You are not obliged to do this, and if you did, then the last day of the vacation will be the day of dismissal. Also, an employee can apply during sick leave or quit if the application was submitted 2 weeks ago.

Application form and calculation

The dismissal procedure begins with the filing of an application. In case of dismissal without work, it must be written in the name of the employer. The employee must indicate the reasons that exempt him from working. In some cases, he will need proof, for example, when he resigns for health reasons. Make sure that the date of writing the application coincides with the day of your dismissal. Look at the sample application to know which document the employee should bring you.

On the last day of work, the calculation takes place, the employee receives all payments due. An absent employee may ask for settlement on another day. Remember that you will need to factor in all the days worked.

Not all of your employees have to work 2 weeks upon termination. When hiring a new employee, please note that retirees, full-time students and seasonal workers can leave the place of work immediately after writing the letter of resignation of their own free will. Also, your employee can cheat and go on vacation due to him while working. Follow the execution of the dismissal - all your actions should not contradict the Labor Code.

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