Dismissal of an employee without working off. Dismissal from work without working off. The nuances of dismissal without two weeks of working off

The need or persistent desire to stop work can arise at any time. In some cases, you can quit without working for two weeks. How to do it?

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Dismissal on the day of application

In accordance with Articles 77, 78 and 80 of the Labor Code of the Russian Federation, an employee can terminate an employment contract on his own initiative. In this case, he is obliged to file a letter of resignation two weeks before the date itself.

In the case of dismissal without work, the date of dismissal in the application must coincide with the date of writing the application.

The same article 77 states that, by agreement of the parties, an employment contract can be terminated at any time. This is especially convenient if the employee and employer are mutually interested in terminating the employment relationship.

Thus, by agreement with the employer, the employee can resign on the same day.

Article 80 of the Labor Code provides for the possibility of dismissal without working off, if further work is impossible due to valid reasons. The circumstances, thanks to which you can quit without working two weeks, are as follows:

to an educational institution,
exit on,
an established violation of labor laws by the employer,
other cases.

What kind of cases are these? In the TC there is no article expanding the concept of "other cases". But, in accordance with other by-laws, and with the established practice, valid reasons include:

to another locality (clause 7.2 of the Resolution of the USSR State Committee for Labor and Social Issues of 10/25/1983 No. 240 / 22-31 "On the approval of the clarification" On some issues related to the application of legislation on strengthening labor discipline ").
Sending a husband (wife) to work abroad, to a new place of service (Decision of the RF Armed Forces dated November 16, 2006 No. GKPI06-1188, Determination of the RF Armed Forces dated February 8, 2007 No. KAS06-550).
Moving to a new place of residence, which can be confirmed by an appropriate document, for example, a passport with a mark (deregistration) and a disposal sheet.
Transfer of a husband or wife to work in another locality (confirmed by a certificate of transfer from the place of work).
The impossibility of living in the area, confirmed by a medical certificate.
A disease that prevents the continuation of this work, if there is an appropriate medical opinion.
Caring for a child until he reaches the age of 14 or a disabled child (information about children is provided by the employee when applying for a job).
in accordance with a medical certificate or a disabled person of the 1st group (confirmed by a medical certificate).
Dismissal of employees with disabilities and pensioners at their own request.
Dismissal and mothers with a child under the age of 14, as well as parents with three or more dependent children under the age of 16, and students under the age of 18.

The list of valid reasons-grounds for dismissal on the day of filing an application can be enshrined in the internal labor regulations of the organization or in a collective agreement.

If the employer does not consider these reasons to be valid, the employee may apply.

Dismissal within three days

The Labor Code provides for cases where an employment contract can be terminated within three days. The grounds for terminating the employment contract in this case are:

Dismissal at the initiative of an employee or employer during the probationary period (Article 71 of the Labor Code of the Russian Federation). In this case, the initiator of the dismissal must notify the other party in writing (i.e. write a letter of dismissal or sign an order of dismissal) three days before the date of dismissal.
Dismissal with a concluded labor contract for up to two months (Article 292 of the Labor Code of the Russian Federation), incl. upon liquidation of an organization or reduction of staff. The notification procedure is the same as in the first case.
Dismissal of those employed in seasonal work (Article 296 of the Labor Code of the Russian Federation). The right to a three-day period in this case applies only to the employee. The employee is obliged to notify the employer in writing three calendar days in advance. If the employer made the decision, he is obliged to notify the employee in writing against signature no later than seven calendar days.

The employee has the opportunity to avoid a two-week presence at work during the working period (Article 127 of the Labor Code of the Russian Federation). At the written request of the employee, unused vacation days can be provided by the employer with subsequent dismissal.

However, the employee should take into account that this is the goodwill of the employer, and not his duty. If the employer has agreed on the employee's application for leave with subsequent dismissal, the last day of the leave will be considered the day of dismissal of the employee.

A similar option is possible if the employee has a period of incapacity for work during the two-week period. In this case, in accordance with the previously submitted application, the employee will be dismissed in absentia on the day indicated in the application, while the period of incapacity for work will be paid to him in full on the basis of the certificate of incapacity for work.

Question: I want to quit my job, but they won't let me go without working off. I work on a rotational basis. Is it possible to quit without completing 2 weeks? What article is there on this in the labor code?

The official place of work, reflected in the entry in the work book, at some point may be an obstacle to the implementation of new plans or the implementation of some urgent matters. The reason for this may not be fatigue or a "bad boss", but whatever. Sometimes, you don't want to leave your work collective at all, but you must quit.

Moreover, you need to do this as soon as possible - to quit without completing 2 weeks, which is required by the Labor Code of the Russian Federation. This norm is regulated by Articles No. 77, 78 and 80, which give the employee the right to terminate the employment contract on personal initiative after a written request. The employer must be notified exactly two weeks before the desired departure date.

Obviously, the very fact of writing such a statement does not give the employee the long-awaited freedom from the employer and ahead of him - those very obligatory two weeks of work.

There are indeed ways to quit, bypassing the prescribed term of work. Moreover, for this you do not need to break the law or "cheat" in some way. Everything is not so difficult, read and remember, this publication will give an exhaustive answer to this, for some, not just an important, but urgent question.

Employee's rights and obligations upon dismissal

First, a little more theory. The term of work - 14 days - keeps its account not from the moment of writing (and, what is important, signing by the head!) Of the letter of resignation, but starting from the next day. You only need to count calendar days, regardless of the number of work shifts in this period.

Legal dismissal after three days of service

Certain categories of workers are not subject to this obligation and may require them to be fired within three days. These include employees of the company undergoing a probationary period (Article 71 of the Labor Code of the Russian Federation). The same list also includes specialists with whom only a temporary (article 292 of the Labor Code of the Russian Federation) or seasonal (article 296 of the Labor Code of the Russian Federation) contract is concluded, the term of which is limited to two months. Representatives of these categories of employees have the right to leave work in the company three days after the manager is notified of this desire.

But force majeure happens and time cannot be turned back, what can be done?

You should not neglect the opportunity to talk with management about the early resignation of obligations. The employer has the right to fire him without requiring a job. The aforementioned article 77 allows you to terminate the contract by agreement of both parties at any time.

This version is very real for an employee of a small private company in the absence of the need to complete a certain amount of work. If there is direct access to the person making such decisions, then it is worth talking directly. A one-on-one conversation, in which the employee can explain the motives for an early separation, can cause an understanding of the manager who will meet the employee halfway. The received signature in the application for leaving of your own free will - and you can start saying goodbye to colleagues, and the next morning forget the way to the office.

However, what to do when it is necessary to quit without working two weeks, but the management does not want to delve into the essence and enter the position of the employee? Strong arguments can be the so-called special circumstances... They will need to be described in the application and be ready to provide evidence or documentary evidence. Here it is also necessary to indicate the desired dismissal period. If the employee's demand after filing such an application is left without attention, he can go to court.

Other cases and "special circumstances" for the possibility of immediate dismissal

Applicants of educational institutions have the right to early termination of the work process. This fact must be confirmed by a certificate of admission, which will be issued by the university. People who have reached the age of retirement, as well as currently working pensioners and disabled people, are allowed to quit without work.

A conflict situation with the employer due to his violation of the Labor Code and other regulatory legal acts describing labor law, abuse of authority and other illegal actions is another weighty argument that obliges the employer to terminate the contract at a time convenient for the employee.

It is worth focusing on cases of salary delays, non-compliance with the terms of vacation pay (no later than three days before the start of the vacation), lack of a properly equipped workplace - all this can become reasons for terminating the contract on the day that the employee himself indicates in the application.

Article 80 of the Labor Code of the Russian Federation will tell you more about the reasons for the early dismissal described above. It also describes the possibilities to quit quickly in connection with other cases. However, any list of all kinds of circumstances that may be valid reasons for dismissing an employee at the time they want is not given in the Labor Code. Here, the by-laws and established practice will become a reference point, which considers the following options to be respectful:

It is possible to quit without working off for various reasons related to circumstances in the family or in the sphere of personal life. The laws allow for such possibilities, but they will have to be documented, in which difficulties may arise.
The reason for the early termination of work may be the move of the spouse for a long time to another region or country. A common case is a long business trip of a husband or wife, which entails the relocation of the whole family. This is a very good reason, which may be asked to document it.
Undoubtedly, the legislation considers all cases of deterioration of the employee's health to be respectful, which entail the need to leave the region with confirmation of this fact by a medical report. An illness that prevents an employee from performing his official duties is also included in the list of cases that do not require two weeks of work.
Having children will help to quit as soon as possible. We are talking about families with children and adolescents under 14 years of age. Any parent of a large family with three or more dependent children under 16 years of age can demand the early termination of the employment contract. Or the children in such a family have not reached the age of 18, provided that they are all students of educational institutions.
A good reason is caring for a disabled child or a sick family member, as well as a disabled person of the 1st group, which, as you might guess, must be confirmed by a medical certificate.
Pregnant women are spared from compulsory labor.

Vacation instead of working off

Finally, the presence of unused vacation days will allow you to avoid being at work on the days of necessary work. If a written application for such leave is agreed, then the last day of legal rest may become the day of dismissal.

Judgment or Peace?

What if you find suitable options that, according to the Labor Code, allow you to quit without working a two-week deadline, but management insists on such a need? Going to court will be the right step. At the same time, you should not expect that the process will take place quickly, usually it lasts up to several months. It makes sense to look for ways to resolve the issue peacefully or to work out the prescribed period. And as an option - offer yourself a replacement.

As you can see, there are ways to quit quickly, and there are many of them; the best option would be planning for the proposed changes and dismissal on general terms.

The two weeks' work that is required from an employee upon dismissal is in fact the period allotted by the statutory provisions of the Labor Code to notify the employer.

The management team - directors, their deputies, managers, athletes, coaches will be expecting dismissal for a whole month. After all, according to the law, they are given thirty days to submit a notification.

The essence of any "working off" is waiting for the registration of all the necessary documents. And for employers, this is a period allowing them to find a new employee who can take a vacant position.

When can you not work out?

Based on the provisions of Article 80 of the Labor Code, the reasons are formulated that can be considered valid for obtaining an immediate calculation. It:

achievement (and it doesn't matter if he continues to work, being a pensioner, or just got the right to a well-deserved rest);
to another region, city or country (the move of one of the spouses is also taken into account, due to the change of job);
enrollment in any educational institution for full-time education;
conscription for military service;
gross violation by the employer in the field of labor law (including changing any provisions of the employment contract);
sudden disability due to or receiving disability.

In all these cases, the employee is obliged to provide the personnel department with the relevant documents.

Other reasons

The employee who initiated the dismissal has the right to insist on the immediate termination of employment in case of proven violations (infringement of their rights) by the employer.

There are also reasons that are not specified in the labor legislation. For example, dismissal at the request of a pregnant woman or an emerging need, by a relative, parents (including persons with disabilities). In these cases, the decision on the degree of validity of the reason will be made at the discretion of the employer.

If the employee does not agree with the decision (the employer did not consider the reasons to be valid), he has the right to file a claim with the courts.

It is also possible to avoid working off if the labor activity is terminated on the basis of an agreement of both parties.

In this case, the date of dismissal is recorded in the document on which the employee and his employer are signed.

Inability to avoid working off

If the dismissal occurs on a general basis in accordance with Article 80 of the Labor Code, it will not be possible to avoid continuing to work in the next two weeks preceding the date of dismissal.

This category includes both employees who quit on their own and those who are dismissed by the employer. It is on employment contracts with an unlimited duration... And for any, the period allotted for filing a notice to the management will be only three days. Therefore, the "working off" will also be three days.

A good, and, most importantly, a completely legal way to avoid being at work until the moment of dismissal can be to take the annual leave due to all employees.

In the application with a request to provide vacation days (minimum 14 days, maximum 28 or 56 for teachers), a notification is written about the desire to stop working on the last vacation day. For unpaid leave, you must have a valid reason (for example, this is the death of a relative or the birth of a child). An exception in this case also applies to employees with disabilities, participants in the Second World War, persons of retirement age who continue to work.

The same rule applies to sick leave. You can send a notification about the desire to quit after. In this case, the need for working off will disappear by itself, even if the employee is not included in any of the preferential categories.

Some features

Working off for a period of three days is possible only in cases providing for the submission of an application-notification to the employer for the same number of days before the date of leaving work (moreover, for each separate category, its own legislative norms are provided):

workers engaged in seasonal labor and signed a fixed-term contract - Article 296 of the Labor Code;
employees who signed a fixed-term contract for a period of employment up to five years - Article 292 of the Labor Code;
persons accepted for a trial period - Article 71 of the Labor Code.

Termination of employment on the day of submission of the application (one day) is provided for persons falling under Article 81 of the Labor Code, and who cannot continue to work for a good reason.

Such reasons include conscription, the beginning of full-time studies at a university, retirement, moving, sudden disability (illness, disability), the need to care for a sick or young child, disabled.

In addition to the listed reasons, there may be other circumstances for immediate dismissal, specified by the provisions of the employment contract. If the employer considers the reason to be disrespectful, the dispute is resolved through the labor commission or the courts.

Another weighty argument in favor of immediate termination of employment is a violation of labor laws or local regulations by the management of an enterprise or organization. True, the fact of violation must be documented by employees of the labor commission or trade union. Only in this case, the employee has the right to demand immediate termination of the contract.

In what cases is it possible not to work for 2 weeks upon dismissal? Many are convinced that there is no way, and do not even ask themselves the question: "Am I entitled to early care, and how to avoid working off?" Even some specialists in labor law are sure that it is impossible to avoid working on dismissal at will. However, in reality, this is not entirely true. We'll figure out whether you need to work out in each case, or you can do without a two-week period.

The employee often asks the question: "Can I be dismissed early?" And it is true: the necessity of working off upon dismissal is established by the Labor Code. Article 80 of this normative act determines that 14 days is the time that must elapse between the submission of the application and the official termination of the employment contract.

However, even the Labor Code of the Russian Federation in the same article states that two weeks of working off can be reduced by agreement between the employee and the head of the enterprise. Only the extension of the time is prohibited: if, after the expiration of the term, the worker continues to work, he has the right to consider that the contract has not been terminated. In this case, work can continue further, and the dismissal will be canceled. Moreover, any "work off" after the contract is terminated is prohibited: termination of the contract means that the employee's relationship with the enterprise is severed, and he is no longer obligated to the previous employer.

Agree in an amicable way

Thus, the best option for an employee who, upon dismissal of his own free will, wants to do without working off, is simply to come to the appointment with the boss and agree to quit on a pre-selected day. The Labor Code of the Russian Federation gives such a right, and, if desired, dismissal without working off can become a reality.

In addition, work after dismissal (more precisely, after filing an application) can be dispensed with if, instead of termination "on one's own" (according to Article 80 of the Labor Code of the Russian Federation), dismissal is issued by agreement (Article 78 of the Labor Code of the Russian Federation). In this case, the parties, that is, the employee and the employer, can agree on any terms of dismissal - including whether it is necessary to work out for two weeks. Usually, dismissal by agreement implies that the termination of the contract takes place exactly on the day chosen by the parties, and the employee has the right not to work out any period after agreement is reached.

Special cases of dismissal

In addition, there are certain situations when the head of the enterprise is obliged to release an employee without working 2 weeks. And the first of them is dismissal with a fixed-term contract. If the employment contract was originally concluded for a certain period or season, then in this case it is terminated on the last day, and there can be no question of any "working off after dismissal". If such an employee wishes to quit ahead of time, he needs to work out only 3 days.

In addition, the legislation specifically provides for some situations in which an employee can do without the question: "Do I have to work for a two-week period if I do not want it?" Here is a list of cases when it is not necessary to work out 2 weeks upon dismissal:

Dismissal occurs due to the fact that the employee is deprived of the opportunity to continue working and he needs to quit on a specific desired day. For example, he retires, enrolled in a university, drafted into the army, etc.
The dismissal is due to the fact that there is a serious violation of the law, and because of this, the head of the enterprise or the entrepreneur will have to release the employee at the set time. Violations are significant delays in the payment of wages, unequipped workplace, etc.
If a person is on probation. There is no need to work out the usual term - as with urgent or seasonal work, only three days are enough.
So-called personal circumstances. We should talk about them in more detail.

Personal situations conducive to early dismissal

In what cases is it possible for an employee not to work for 2 weeks upon dismissal due to life circumstances? The Labor Code does not provide for a complete list of situations, however, in practice, the following circumstances usually occur, which any court (if it comes to it) recognizes as valid:

The need to move after the wife (husband) to another area. For example, a long business trip of a spouse, when the whole family leaves after him, is usually viewed as a case when it is possible to do without working off.
Deterioration of health when it is required to leave a specific area. For example, an employee with a serious lung disease cannot work in the Far North, where any cold is fraught with pneumonia. Here you just need to take a medical certificate confirming the need to move.
The presence of minor children. If there is a child (and especially a disabled child) requiring care, the employee can apply for early dismissal and not work for 2 weeks upon dismissal.
Also, an employee is not required to work for 2 weeks if care is required for an adult, but a sick family member (for example, for a disabled husband, wife, mother or father).
If a pregnant woman quits, she cannot be forced to work for 2 weeks. However, you need to remember: when a pregnant woman leaves her job, she loses all compensation and benefits provided for by labor law.

Vacation and sick leave

In the event that you want to quit, and there is not the slightest desire to work off for 2 weeks, the employee should pay attention to the following: the law obliges to observe the two-week deadline - but there is no need to be present at work at this time. A resigning person has the right to take these 2 weeks on account of vacation - and then he will be fired on the last day of his vacation.

The same applies to diseases: if you do not want to work, and there is some kind of illness, then, having received a sick leave for two weeks, you can immediately apply on your own. Then, by the time the sick leave period ends, you can get a work book and a final payment.

How to overcome a boss's objection

The above situations where a worker cannot be detained are within the field of practice. But what if, even under these circumstances, they are forced to work or even refuse to dismiss? We will figure out how to get your way, and whether you can get fired if the management objects.

In the event that the employee has good reasons for dismissal, but they refuse to let him go, it is necessary to apply with:

To the Rostrud inspection at the location of the organization. This is usually enough.
To the prosecutor's office. This state body monitors compliance with any legislation, including labor legislation.
To court. However, it should be remembered that due to the workload of the courts with cases, any application there will be accepted for consideration, at least in 3-4 weeks. In any case, this is longer than the term of work, so it makes sense to go there only if there is a significant violation of the law on the part of the employer and you need to recover compensation.

Who can't count on two weeks

It should be noted that for some employees, labor legislation establishes special obligations. In particular, they exist for:

heads of enterprises or organizations;
coaches and athletes other than those whose contract is valid for less than 4 months.

These workers have to comply with a 1 month warning period .

In addition, one must remember that labor legislation provides for special rules for employees who work not in organizations, but for citizens. For them, the warning period can be either increased or decreased - the parties themselves decide what to write in the employment contract.

What absolutely must not be done

Sometimes an employee thinks like this: “I don’t want to work - so maybe quit“ under the article? ”. Indeed, in the event that an employee has committed or committed a serious breach of duties, then he will be fired immediately. It would seem that it is easier: I did not go to work - and the next day I was fired.

However, this method cannot be used. The dismissal mark is put in the work book - and therefore it will be much more difficult for an employee dismissed due to violation to find a job again.

Attention! Due to the latest changes in legislation, the legal information in this article may become out of date!

Our lawyer can advise you for free - write a question in the form below:

The employee's ability to terminate employment with the employer at will is guaranteed by Art. 77-78, 80 TC. But as a 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 labor law (for example, he delayed the payment of wages, but the 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 take care of 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 terminate labor relations.

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 a legal reason not to work for 14 days, he must write a statement in which to indicate the reason for the 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 it is necessary to quit without working two weeks, it is recommended to carefully study all the clauses of the labor and collective agreements, as well as internal labor rules that relate to the issue of terminating an 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 can be fired on the day the application is submitted.

Dismissal after three days of work

The Labor Code distinguishes 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 a 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 were 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 for two weeks when you leave, and you do not belong to any of the groups that can count on early termination of the 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 terminates employment with the employer. In this case, the last day of leave is recognized as the last working day, despite the fact that the specialist actually stopped performing his work duties even before the start of the rest. On the final working day, the citizen is obliged to pay all the due cash payments, as well as give the work book.

The duration of vacation with further dismissal should not be less than 2 weeks. But there is one nuance: 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 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 advantageous 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 must provide a written response to the received offer.

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

Secrets of the correct execution of the application for early dismissal

If a citizen knows that he has the right to be fired without working two weeks, he must correctly declare his right. This is done using a written statement, which must 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 release a specialist 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 the details of the relevant agreement in the application.

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 for 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.

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

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