Article 80 paragraph 2. Dismissal of one's own free will. On probation

Termination of the employment contract at the initiative of the employee (at his own request)

1. Article 80 establishes the general (uniform) procedure and conditions for terminating, on the initiative of the employee, both a fixed-term employment contract and an employment contract concluded for an indefinite period. Thus, the possibility of terminating an employment contract before its expiration at the initiative of the employee is not related to the presence of good reasons for him. The employee has the right to terminate at his own request any employment contract at any time. He is only obliged to notify the employer in writing no later than two weeks in advance. The head of the organization is obliged to notify the employer (the owner of the property of the organization or his representative) in writing about the early termination of the employment contract no later than one month in advance (see comments to). An employee who has concluded an employment contract for a period of up to two months, as well as an employee engaged in seasonal work, are required to notify the employer in writing of the early termination of the employment contract three calendar days in advance (see comments to Art.,).

2. The written form of the application for dismissal is obligatory. An oral statement by an employee about the termination of an employment contract cannot be the basis for the employer to issue an appropriate dismissal order. The obligation of the employee stipulated by the Labor Code to notify the employer of the termination of the employment contract at his own request no later than two weeks in advance (the head of the organization - one month in advance) means that he can do this for a longer period. Two weeks (month) is the minimum period for which the employee is obliged to notify the employer of the desire to terminate the employment relationship. The notice period begins the day after the employer receives the employee's application for dismissal. So, if the employee submitted a letter of resignation on June 1, then the two-week period expires on June 15. This day will be the last day of work (day of dismissal) (see).

3. In accordance with part 2 of the commented article, by agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the established notice period. It should be borne in mind that in this case, the basis for dismissal will be the employee’s own desire, and not the agreement of the parties provided for. Termination of an employment contract by agreement of the parties is possible only when the consent of the employer to the dismissal has legal significance and without such consent the employment contract cannot be terminated (see comments to Article 78). In the case when the employee himself expressed a desire to terminate the employment relationship and asks to dismiss him before the expiration of the established notice period, the consent of the employer to the very termination of the employment contract has no legal significance. It matters only for determining the specific date of dismissal, because. the employee asks to be dismissed before the expiration of the period established for the notice of dismissal at his own request. If the parties have agreed to terminate the employment contract before the expiration of the established notice period, the employment contract is terminated on the basis of paragraph 3 of Art. 77 Labor Code on the day determined by the parties.

The agreement of the parties on early (before the expiration of the two-week period) termination of the employment contract must be expressed in writing, for example, in the form of an employer's resolution on the application of the employee who applied for dismissal from a specific date. A verbal agreement between the parties cannot be evidence of such an agreement. Judicial practice also testifies to this. Thus, the Supreme Court of the Republic of Buryatia rightfully declared unfounded the decision of the Railway Court, which refused c. L. was reinstated at work, pointing out that in L.'s application there is no employer's resolution that would confirm his consent to terminate the employment contract before the expiration of the notice of dismissal. Therefore, on the basis of this statement, it cannot be concluded that there was a bilateral agreement to terminate the employment contract before the expiration of the notice of dismissal (Review of the cassation practice in civil cases of the Supreme Court of the Republic of Buryatia for 12 months 2006 of 10/19/2007).

If the employer has not agreed to terminate the employment contract before the expiration of the warning period, the employee is obliged to work for the established period. Early termination of work in this case is a violation of labor discipline. Termination of work without notice of dismissal will also be a violation of labor discipline. An employee who arbitrarily left work may be dismissed for absenteeism. In turn, the employer does not have the right to dismiss the employee before the expiration of two weeks after the filing of an application for termination of the employment contract, if the application does not indicate the date of dismissal, or before the expiration of the period specified in the application. During the entire period of warning, the employee retains his workplace (position).

4. If the employee's application for dismissal of his own free will is due to the impossibility of continuing his work (enrollment in an educational institution, retirement, sending a husband (wife) to work abroad, to a new place of service, and other cases), the employer is obliged to terminate the employment contract in the period specified in the employee's application.

The same obligation arises for the employer also 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. At the same time, it must be borne in mind that these violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor legislation, trade unions, commissions on labor disputes, the court (paragraph 22 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).

5. The need to terminate the employment contract may arise for the employee not only during the period of work, but also during the time when he is absent from work for any reason, for example, during a period of temporary disability, vacation, business trip. In this regard, the question arises whether the employee has the right to apply for dismissal of his own free will at this time and whether it is counted in the notice period for dismissal of his own free will.

The answer to this question follows from the main purpose of the notice of dismissal, namely: to enable the employer to select a new employee to replace the one who leaves on his own initiative. Having warned the employer about the dismissal in advance in writing, the employee provides him with such an opportunity. It does not matter if he is at work, on vacation or sick. The employer has the right to start looking for a new employee from the moment of filing a letter of resignation. Therefore, all this time from the date of filing an application for dismissal of one's own free will is counted in the notice period for dismissal.

If an employee who is on vacation asks to be dismissed during the vacation period and before the expiration of the notice period established by law, and the employer agrees to this, the dismissal is made within the period requested by the employee.

The employer has the right to terminate the employment contract with the employee at the end of the term of notice of dismissal at his own request and in the event that during the period of the notice the employee fell ill and continues to be ill at the end of the notice period, because. the period of illness does not suspend the period after which the employee is subject to dismissal. The dismissal of an employee of his own free will in accordance with his application is also possible during a period of temporary disability, because. The initiative to terminate comes from the employee, not from the employer.

6. Submission by an employee of an application for termination of an employment contract of his own free will is not always the actual desire of the employee to terminate the employment relationship.

The Decree of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2 clarifies that termination of an employment contract at the initiative of an employee is permissible in the case when the filing of an application for dismissal was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a letter of resignation of his own free will, then these circumstances are subject to verification, and the obligation to prove them lies with the employee (subparagraph "a", paragraph 22). At the same time, any pressure from the employer, incl. and the threat to fire him on his own initiative in cases where the employer had any reason to do so. Otherwise, it is impossible to talk about the termination of the employment contract at the initiative of the employee. This conclusion was rightly made by the Laginsky District Court of Elista, satisfying the claim for the reinstatement of c. U., who filed a letter of resignation of her own free will under pressure from her manager, who threatened her to “spoil her work book”, dismissing her “under the article” for losing a report and failing to submit it (see Review of the judicial practice of the Supreme Court of the Republic of Kalmykia on the consideration of civil cases in cassation and supervisory procedure in 2006).

7. In accordance with part 4 of the commented article, an employee who has warned the employer about the termination of the employment contract of his own free will has the right to withdraw his application before the expiration of the warning period (and in case of granting leave with subsequent dismissal - before the day the vacation begins) and dismissal in this case is not performed, provided that another employee is not invited to his place in writing, who, in accordance with the Labor Code and other federal laws, cannot be refused to conclude an employment contract (subparagraph "c", paragraph 22 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated 17.03. 2004 No. 2). For example, an employee who has submitted a letter of resignation of his own free will cannot withdraw his application if another employee is invited to his workplace (position) in the order of transfer from another organization in agreement with the heads of these organizations, because in accordance with such an employee, an employment contract cannot be refused within a month from the date of dismissal from the previous place of work (see comments to Article 64).

8. After the expiration of the term of notice of dismissal of his own free will, the employer has no right to detain the employee. No reasons (monetary debt, the need to complete the work begun, material values \u200b\u200bhave not been handed over, the hostel has not been vacated, etc.) can serve as a basis for this. On the day of dismissal - the last day of work - the employer is obliged to issue him a work book with a record of dismissal made in it, other documents at the written request of the employee and make settlements with him. On this day, the employee may be released from work for the time necessary to receive the calculation and work book, if for objective reasons he cannot do this at the end of the working day (shift). If the employee is absent from work on the day of dismissal, then the employer must send him a notice on the same day about the need to appear for a work book or agree to send it by mail. Sending a work book by mail with delivery to the specified address is allowed only with the consent of the employee (clause 36 of the Rules for the maintenance and storage of work books) (see comments to article 84.1).

In the event that the employer did not dismiss the employee after the expiration of the warning period, the employee has the right not to go to work.

9. If, after the expiration of the notice period, the employment contract is not terminated and the employee does not insist on dismissal, the validity of the employment contract is considered continued. At the same time, no additional agreements are required in this regard.

Assigning to the employee the right to terminate the employment contract on his own initiative at any time, Art. 80 does not oblige the employee, upon dismissal of his own free will, to indicate in the application the reason why he wants to terminate the employment contract. But if the provision of certain benefits or guarantees to the employee depends on the reason for dismissal in accordance with the law, then such a reason should be indicated in the application.

Full text of Art. 80 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice under 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 in advance, 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 application for dismissal.

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

In cases where the employee's application for dismissal on his initiative (of his own free will) 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 norms of labor law, 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.

Prior to the expiration of the notice of 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 refused to conclude an employment contract.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.

If the employment contract has not been terminated after the expiration of the term of notice of dismissal 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

1. Article 80 of the Labor Code of the Russian Federation refers to the most common basis for terminating an employment contract - at the initiative of an employee. Such an initiative can be caused by any reasons - moving, the desire to move to another job, etc.

In this case, the employee is obliged to notify the employer in writing of the upcoming dismissal, which he has no right to interfere with.

A prerequisite is that such a notice (application) is submitted two weeks before the upcoming dismissal (which protects the interests of the employer, who is given sufficient time to find a new employee). Within 14 days, the employee continues to work on the same terms.

It should be borne in mind that the two-week period begins only on the day after the delivery of the letter of resignation of one's own free will to the employer.

The application for dismissal of one's own free will is submitted in writing. It is advisable to draw up an application in duplicate so that one copy with the employer's mark of receipt remains with the employee. Similarly, it is possible to send the relevant application to the employer by registered mail with acknowledgment of receipt (in this case, the two-week period will start from the date the letter is received by the employer).

In paragraph 22 of the resolution of the Plenum of the Supreme Court of the Russian Federation on the application by the courts of the Labor Code of the Russian Federation, attention is drawn to the fact that termination of an employment contract at the initiative of an employee is permissible only if the filing of an application for dismissal was his voluntary expression of will. If the employee claims that the employer forced him to submit a letter of resignation of his own free will, then this circumstance is subject to verification. The obligation to provide evidence of such coercion rests with the employee.

2. The federal law may provide for a shortened or extended term for warning the employer of voluntary dismissal.

However, the legislator retains one more opportunity for the employee and the employer to maintain labor relations. If the notice period for dismissal has expired, and the employment contract has not been terminated, and the employee does not insist on dismissal, the employment contract continues. This is possible, in particular, when the parties to the employment contract settle any conflict situations that caused the employee to submit a letter of resignation of his own free will.

For example, by the ruling of the Supreme Court of the Russian Federation of August 10, 2012 N 78-KG12-10, the claim for reinstatement was satisfied, since the defendant (employer) did not verify the intention of the plaintiff, who was absent from work on the last day, to quit under Art. 81 of the Labor Code of the Russian Federation, did not make a final settlement with her that day, did not issue her a work book and other necessary documents; legal grounds to consider that the plaintiff lost the opportunity to exercise the right to withdraw her application for dismissal from the moment the employer issued the order to dismiss her or from the end of the working day, the defendant did not have.

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

1. The commented article regulates the procedure for terminating, at the initiative of the employee, both a fixed-term employment contract before its expiration, and a contract concluded for an indefinite period.

2. The will of the employee to terminate the employment contract must be expressed in writing. All other forms of such expression of will have no legal significance. The corresponding initiative of the employee is usually expressed in the form of a statement.

In practice, it is not uncommon for an employer to delay making a settlement with 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 values he accepted, etc. This kind of practice is not provided for by labor legislation, and therefore is illegal. Moreover, after the expiration of the term of notice of dismissal, the employee has the right to stop working, and the employer is obliged to issue him on the day of dismissal (the last day of work) a work book and, upon a written request from the employee, copies of documents related to work, as well as pay all amounts due to him from the employer (see articles 62, 140 of the Labor Code and commentary to them).

3. Termination of the employment contract at the initiative of the employee is possible at any time and without specifying the reasons that served as the basis for dismissal. However, if the employee believes that the reason for his intention to terminate the employment contract is significant, he can indicate it in his letter of resignation. Accordingly, this reason is indicated in the order to terminate the employment contract, on the basis of which an entry is made in the work book of the employee.

4. The Supreme Court of the Russian Federation draws the attention of the courts to the need to proceed from the fact that termination of an employment contract at the initiative of an employee is permissible in the case when the filing of an application for dismissal was his voluntary expression of will. If the plaintiff claims that the employer forced him to file a letter of resignation 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 Decree of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2 " On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation). However, the threat of the employer to terminate the contract with him on his own initiative cannot be considered as forcing the employee to resign at his own request, provided that the employer had the grounds for this, provided for by law (see article 81 of the Labor Code and commentary to it).

5. If, before the expiration of the notice period for terminating the employment contract, the employee refused to be dismissed of his own free will, he is considered not to have submitted an application and cannot be dismissed on the grounds under consideration. An exception is the case when another employee is invited in writing to replace the resigning employee, who, by virtue of the law, cannot be refused to conclude an employment contract. The wording of the commented article is quite unambiguous: only those cases are meant when another employee is invited to take the place of an employee leaving of his own free will, moreover, in writing, i.e. a person employed by another employer, dismissed in the order of transfer to this employer (see article 72, paragraph 5 of article 77 of the Labor Code and commentary to them). Accordingly, all other guarantees established by law for concluding an employment contract (see Article 64 of the Labor Code and the commentary thereto) do not apply to the situation provided for by the commented article. For example, a voluntary resignation letter cannot be denied to an employee on the grounds that the job is to be filled by a pregnant woman who is 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 application for dismissal before the day the vacation begins, if another employee is not invited to his place in the order of transfer (see article 127 of the Labor Code and commentary to it ). In the event that during the period of being on vacation a temporary disability of the employee has occurred, as well as for other valid reasons, the vacation is subject to extension by the appropriate number of days (see Article 124 of the Labor Code and the commentary to it), while the day of dismissal is considered the last day of vacation. However, if the employee insists on terminating the employment contract from the originally determined date, his claim must be satisfied.

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

6. If after the expiration of the termination notice period, the employment contract has not been terminated and the employee does not insist on dismissal, then the contract continues. Thus, the fact of the expiration of the work period by the employee excludes the possibility for the employer to terminate the employment contract on the basis in question, if "the employee does not insist on dismissal." The last wording is broad and vague. It should be assumed that it covers the case when, after the expiration of the term of notice of dismissal, the employee went to work and was admitted to it (that is, continued to fulfill the obligations under the employment contract). At the same time, part 6 of the commented article should also apply when the employee expressed a desire to continue working and was not admitted to it, however, the employer delayed the issuance of a work book, other documents required by the employee related to work, as well as making settlements with him.

The forms in which an employee can "insist on dismissal" are not defined by law. The most obvious is the termination of work after the expiration of the termination notice; however, the will of the employee in other forms is not excluded during the continuation of work. In the latter case, the dismissal must be carried out within other terms agreed by the parties.

It should be borne in mind that the employee's requirement in question has legal significance only at the time of the expiration of the working period. If the employment contract was not terminated after the expiration of the working period, the employee continued to work, and subsequently demanded the termination of the employment contract with him with reference to part 6 of the commented article, such a requirement cannot be considered lawful: the employment contract must be terminated according to the rules established by the commented article, including with the development of the established period of notice of dismissal.

7. The period of notice by the employee of the employer about the upcoming dismissal is determined by labor legislation. In accordance with the commented article, an employee, when terminating an employment contract, is obliged to notify the employer in writing no later than two weeks in advance. Therefore, a notice of dismissal of one's own free will can be made earlier than two weeks in advance.

A temporary or seasonal worker must notify the employer of this three days in advance (see Articles 292, 296 of the Labor Code and commentary thereto). The same period is provided for when an employee is dismissed of his own free will during the test period (see article 71 of the Labor Code and commentary thereto). The head of the organization has the right to terminate the employment contract ahead of schedule by notifying the employer (owner) of the organization's property no later than one month in advance (see Article 280 of the Labor Code and commentary thereto). The expiration of the term begins the next day after the calendar date, which determines the submission of the application (see Article 14 of the Labor Code and commentary thereto).

The absence of an employee at work for good reasons (for example, due to temporary disability) is not a basis for extending the period of working out upon dismissal of one's own free will. At the same time, the employee's refusal to dismiss may be declared by the employee during the period of 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 having worked out the period established by law, then this fact is regarded as absenteeism, giving grounds to dismiss the employee at the initiative of the employer (subparagraph "a", paragraph 6, article 81 of the Labor Code). At the same time, judicial practice proceeds from the fact that an arbitrary, without agreement with the employee, reduction by the employer of the period of working off or dismissal without working off gives the employee a reason to demand reinstatement at work with payment for forced absenteeism.

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 the commented article. Among such cases, one can indicate the entry of an employee into military service under a contract (see article 83 of the Labor Code and commentary thereto).

The fact that an employer violates laws and other regulatory legal acts containing labor law norms, the terms of a collective agreement, an agreement or an 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 exercising state supervision and control over compliance with labor legislation, trade unions, CCC, the court (subparagraph "b", paragraph 22 of the Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2). In these cases, the employer is obliged to terminate the employment contract within the period requested by the employee.

In all other cases, regarding the termination of the employment contract at the initiative of the employee without working off the period established by law or with a reduction in this period, the consent of the parties must be reached (subparagraph "b", paragraph 22 of the Decree of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2). It can be expressed in the form of a written statement of the employee about the dismissal of his own free will, indicating in it the conditions for dismissal without working off or with a reduced term of working off, or the corresponding order of the employer containing the signature of the leaving employee. Since the Labor Code does not provide for a form of agreement between the employee and the employer regarding the period of working out upon dismissal of one's own free will, such an agreement can also be reached orally. However, one should take into account the difficulty of proving the existence of this agreement.

8. As a general rule, if there is another reason for terminating the employment contract (for example, a change in the owner of the organization (see article 75 of the Labor Code and a commentary to it), a transfer to work for another employer or to an elective position (see article 77 of the Labor Code and comment to it), the employee’s refusal to continue working due to a change in the essential terms of the employment contract (see Article 74 of the Labor Code and commentary to it), refusal to transfer to another job in accordance with a medical report, refusal to transfer due to relocation employer to another locality (see article 72.1 of the Labor Code and commentary thereto)) priority should be given to the employee's expressed will to dismiss at his own request.

The submission by an employee of a written application for dismissal of his own free will cannot be considered a circumstance that excludes the possibility of terminating an employment contract with him at the initiative of the employer - if there are grounds for this established by law.

9. On the specifics of termination of an employment contract with an athlete at the initiative of the latter, see Art. 348.12 of the Labor Code and commentary to it.

Consultations and comments of lawyers on Article 80 of the Labor Code of the Russian Federation

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Article 80. At 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 application for dismissal. By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal. In cases where the employee's application for dismissal on his initiative (of his own free will) 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 norms of labor law, 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. Prior to the expiration of the notice of 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 refused to conclude an employment contract. Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him. If the employment contract has not been terminated after the expiration of the term of notice of dismissal and the employee does not insist on dismissal, then the employment contract continues.

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

Yaroslav Yurchuk

How many norms 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 off two weeks?

Lawyer's response:
In what cases can an employee quit of his own free will, without working two weeks after submitting the relevant application? According to the 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 another 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 application for dismissal. However, the Labor Code of the Russian Federation establishes cases when an employment contract can be terminated before the expiration of the notice of dismissal. Firstly, this is the case when an agreement has been reached between the parties to the employment contract on a different term for terminating the employment contract. Secondly, the employer is obliged to dismiss the employee on the day indicated in the letter of resignation, when the dismissal is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases). Due to the uncertainty 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, terms of the collective agreement, agreement or labor 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 violations. Explanations of the Plenum of the Supreme Court of the Russian Federation, given 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 said violations can be established, in particular, by the bodies exercising state supervision and control over compliance with the labor legislation, trade unions, commissions on labor disputes, the 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 laws are obvious and can be established by the employee on their own, for example, in case of delay in payment of wages . In addition, in accordance with Articles 71, 292, 296 of the Labor Code of the Russian Federation, employees during the probation period for employment, employees who have concluded an employment contract for up to two months, employees engaged in seasonal work, have the right to terminate the employment contract on their own initiative, warning employer in writing three calendar days in advance.

Evdokia Belova

I heard that nonresident workers may not work for two weeks after being fired. Is this true?... I work in Moscow, I am a non-resident myself. I want to leave the campaign. The employee said, in confidence, that non-residents may not work for two weeks. Who knows the details - describe if there are any exceptions.

Lawyer's response:
LABOR CODE OF THE RUSSIAN FEDERATION Article 80. Termination of an employment contract at 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 application for dismissal. By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal. In cases where the employee's application for dismissal on his own initiative (of his own free will) 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 norms of labor law, 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 the case it all depends on what the authorities decide. Maybe before 2 weeks "let go", or maybe not "let go".

Roman Malysh

Do I have to work 2 weeks? Do I have to work for 2 weeks if I wrote an application of my own free will?

Lawyer's response:
They have only one Labor Code! According to the Labor Code of the Russian Federation, upon dismissal, you must notify the employer two weeks in advance. That is, if you intend to quit, then write a letter of resignation, indicating the date when you want to quit and give it to the employer two weeks before this date. Literally, here is an article of the Labor Code for you: Article 80. Termination of an employment contract at 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 may be terminated even before the expiration of the notice of dismissal. In cases where the employee's application for dismissal on his initiative (of his own free will) 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 regulatory legal acts containing the norms of labor law, the terms of the collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's application. Prior to the expiration of the notice of 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 refused to conclude an employment contract. Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.
By agreement of the parties). And on the day the employer is obliged to issue all settlement and labor. Did not issue - a statement in Need help. I wrote a letter of resignation from March 1, 2012 (working off 2 weeks), and from March 5, 2012 the session begins. If I bring a certificate-call or a letter to the head of the university, does the employer have the right not to let me go?
- Lawyer's response:
  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 if another employee is not invited to his place in writing, who, in accordance with the current labor legislation of the Russian Federation, cannot be refused to conclude an employment contract. That is, you can officially withdraw your original letter of resignation 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. of 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 day after the employer receives the employee's application for dismissal. Clear? No later than two weeks ... But, you can specify any date of dismissal of your own free will. exceeding two weeks. And this means that having withdrawn your original 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 scrupulously). In this case, your employer has no right not to pay you your study leave. This is a legal option that does not require any consent from the employer and your humiliated requests to him. Options are possible. If you don’t go to work (in your expression - “stupidly”) - they can be fired for absenteeism. Also - "stupid".

Article 80 of the Labor Code of the Russian Federation establishes the procedure for dismissal of an employee at his own request. Let us consider what provisions this article fixes, we will give explanations of lawyers on its application and a sample application.

From this article you will learn

The employee has the right to quit at his own request, article 80 of the Labor Code of the Russian Federation establishes the warning period and the ability to terminate the employment relationship before the warning period expires. Particular attention should be paid to the most difficult moments. A selection of articles prepared by our experts will help you to carry out the procedure correctly.

What provisions are fixed by article 80 of the Labor Code of the Russian Federation: dismissal of one's own free will?

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Employee's voluntary resignation letter
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On the basis of the Labor Code of the Russian Federation, dismissal of one's own free will can take place before the expiration of the two-week warning period. The employer is obliged to terminate the TD within the period specified in the written notice if this is due to the inability to continue working as an employee, for example, when enrolling in educational institutions, retiring, and so on. Also, before the expiration of the warning period, it is possible if a violation of the law by the employer or a violation of other regulatory legal acts that contain labor law, collective, labor agreement, local regulatory legal acts is established.

Article 80 of the Labor Code of the Russian Federation "Dismissal of one's own free will": what difficult points are important to consider?

The employee can withdraw the application during the entire period of validity of the warning. According to Article 80 of the Labor Code, dismissal of one's own free will is not carried out in this case. But if another specialist comes to the place of the employee planning to leave, to whom an invitation was sent in writing, and he cannot be refused employment, taking into account the Labor Code, other federal laws, the termination of the TD with the employee will take place even if he changed his mind. See all the nuances in the thematic article:

After the expiration of the warning period, the employee has the right to stop working, on the last working day, if the dismissal of his own free will on the basis of Article 80 of the Labor Code of the Russian Federation took place in 2018, it is necessary:

issue final settlement and work book;
give other documents that are related to work;
submit a salary certificate and extracts from the SZV-M and SZV-STAZH forms and the calculation of insurance premiums, at the request of the employee, other extracts and copies of documents, if required.

If it has ended, and the TD has not been terminated, the employee does not insist on his departure, the employment relationship continues. How to document everything, read the expert's recommendations.

Question from practice

Answered by Ivan Shklovets
Deputy Head of the Federal Service for Labor and Employment.

First, get a statement from the employee. Make sure it contains the date. When the warning period expires, issue an order, fill out a personal card and make an entry in the work book. On the last day of work, pay the employee the final payment, issue a work book and other necessary documents. Read more about each step in our recommendation.

From answer

Ask your question to the experts

How to apply article 80 of the Labor Code "Dismissal of one's own free will": explanations from lawyers

Article 80 of the Labor Code of the Russian Federation "Dismissal of one's own free will" regulates the basic procedure for terminating both urgent and indefinite TD at the initiative of an employee. It is important to bear in mind that the will to terminate the employment relationship at the initiative of the employee must be expressed in writing. In practice, employee

Dismissal of one's own free will, which article of the Labor Code of the Russian Federation in 2018 regulates the procedure for terminating labor relations at the initiative of the employee, we examined. Next, we give the comments of lawyers on the application of Article 80 of the Labor Code of the Russian Federation. The employer must give the employee a complete calculation and labor on the last day of work. See the procedure in the feature article:.

If this does not happen, the extradition is delayed and this is motivated by various reasons, for example, the absence of a completed bypass sheet, untimely delivery of material assets, and so on, such actions of the employer are considered unlawful. The employee has the right to appeal against them in the manner prescribed by law.

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Work book (fragment). Registration of termination of the TD with the employee at his own request
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The employee may terminate the employment relationship at any time. In the general case, it is not necessary to give reasons. But if the employee is sure that the reason for terminating the TD is considered significant, which does not allow him to continue working, he must indicate this in his letter of resignation. In this case

Even when an employee himself wants to leave the company, there are situations in which it is difficult for the personnel officer to understand how to do the right thing. For example, an employee sent an application by mail, and the employer received a letter later than the desired day of dismissal. Or another problem: the director signed the order, but the employee changed his mind about leaving. In this article, we examined atypical situations that occur when a trade agreement is terminated at the initiative of an employee, and we deduced five rules. Check yourself if this is how you fire your employees.

Article 80 of the Labor Code of the Russian Federation: dismissal of one's own free will without a notice period

Article 32 of the Labor Code of the Russian Federation 2018 “Dismissal of one’s own free will” allows early termination of the TD or the contract if, for health reasons, the employee cannot continue working or if the employer has violated labor legislation, the provisions of the collective, TD, for other good reasons.

Article 80 of the Labor Code of the Russian Federation "Dismissal of one's own free will" establishes the procedure for terminating a TD, the warning period and the ability to terminate an employment relationship before the expiration. During the entire warning period, the employee has the right to withdraw his application. If a specialist from another organization who has already quit his job was not invited to his place, the employment relationship will continue. For valid reasons, the termination of the TD is carried out on the date indicated in the application.

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

Article 80 of the Labor Code of the Russian Federation - dismissal of one's own free will without working off, such a basis must be indicated in the application for termination of the employment contract.

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

Working off - types and term of notice of dismissal

The law establishes a working period - the period after the 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 cases within his competence to the latter. Within 14 days, a new person must be found for a vacant position, who will be ready to start performing work duties.

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

When the turnaround time is 3 days:

During the probationary period, when the refusal of the employment relationship follows from the employee or directly from the employer. The form of registration of a break in relations at the initiative of an employee is a letter of resignation, an employer is an order to terminate the contract. Such an opportunity is provided for when the parties are in labor relations for a period of not more than 3 months. If the specified time is exceeded, the processing 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. Often this happens when an employment contract is terminated due to the liquidation of an enterprise or a reduction in personnel.
If the contract is of a short-term nature, it is concluded for a period of not 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 out a month in the following cases:

Upon dismissal of the chief accountant or 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 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 an agreement with an individual entrepreneur. The application is submitted through the local authorities.

It's important to know: during working off, for any reason, the employee must regularly perform his labor duties on the basis of an agreement concluded with the employer and job descriptions. If the staff is absent from work, dismissal under the article is possible.

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

Reasons for dismissal of one's own free will without working off

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

Other grounds for terminating relations the day after the application is submitted may be established by an employment contract, internal labor regulations in an organization or individual entrepreneur.

These include:

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

It is interesting: during the working period, if a new person is not found for a vacant position, the employee has the right to cancel the letter of 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 he was not paid wages, he has the right to demand the provision of a calculation, taking into account the accrued penalty. 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 the labor inspectorate.

Payments are established by a court order or resolution, which, upon entry into force, are binding on the enterprise. Recovery is carried out by the Service on a forced basis.

Some tricks - how to avoid working off

In exceptional cases, processing is not required:

Enrollment in higher educational institutions upon the provision of an order of study.
When going on annual paid leave, if it is 2 weeks, subject to prior filing of an application for dismissal 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 in another region. It is necessary to confirm the circumstance with an order, then dismissal without working off will be legal.
If violations of labor legislation by the employer are allowed: regular non-payment of wages, lack of annual pay. 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 sick leave coincided with the time of the two-week work before dismissal.

Sample letter of resignation

In the application for termination of the contract without working off 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;
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 date of submission of the application, the signature of the employee are affixed to the document.

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

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 can often be made to the form of the document.

They make up paper 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 one. 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 working 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 to it documents justifying the need for an urgent termination of the contract: a medical certificate, notice of leave, sick leave, pension certificate, etc. Or, by agreement, an agreement to the employment contract on termination of duties is drawn up along with the application.
The listed grounds for terminating the contract without working off are not listed in the law. Satisfaction of such an application is at the discretion of the company. However, if there are good 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 until the day you leave. With and vacation - this is the next day after the end of their terms. For health reasons and in connection with the transfer - the day after the application is submitted on the basis of Article 127 of the Labor Code of the Russian Federation.
The employer pays for vacation or sick leave in full, the employee receives the calculation.
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 staff of these benefits in connection with the urgent leaving of the workplace. Personal income tax is charged on all amounts in the manner adopted for tax accounting, and deductions are made to the Pension Fund of the Russian Federation 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 good reasons for the urgent termination of obligations.

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

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

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