Is it compulsory to work for 2 weeks of dismissal. Working off upon dismissal. Grounds for dismissal

There are situations when you need to quickly change jobs. Sometimes there is an opportunity to get a more promising position, a higher salary, a lucrative schedule, there can be many reasons.

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To leave work on a personal request - legal right each person. But deciding to take such a step, a citizen must know and strictly follow certain rules.

In such a situation, the question arises, is there any opportunity to leave without having to work out 14 days?

What does the law say?

According to the Labor Code Russian Federation, the employee is obliged to warn the employer about the intention to leave the post two weeks in advance.

Also, the legislation provides for cases when you can leave work three days after the management was informed:

in the case when the employee is still on probation;
if the work provided is seasonal;
in cases of work under an employment agreement with an employer, for a period of at least two months.

Also, the legislation provides for cases when you will have to work for at least a month:

if the employee holds the position of a sports coach;
if the employee is in a managerial position.

To dismiss at will, the employee needs to write a statement indicating the day of dismissal.

The employee has the right not to indicate the reason for dismissal, since this is not required current legislation.

The completed application must be signed by the employee indicating the day of drawing up. After that, the HR staff prepare.

Normative base

Dismissal on personal initiative is governed by Art. 80. Labor Code of the Russian Federation.

It lists the conditions for voluntary care:

the subordinate's right to terminate the employment relationship;
Written Care Management Alert Form;
a notice of dismissal must be completed 14 days before the planned departure.

By mutual agreement, the term of work can be reduced.

From the moment the management is informed, the employment contract cannot be terminated bilaterally within the agreed period.

Grounds for dismissal

When talking about dismissal, lawyers use the term "".

So, the reason for the termination of the contract may be:

ended, and also one of the parties declared a desire to break off cooperation;
mutual;
terminate the contract;
terminate the employment relationship;
transfer of an employee to another company or position;
refusal of a subordinate to transfer due to health conditions, relocation of the enterprise, its reorganization, change of management or;
the employment contract was drawn up in violation of the law;
a circumstance that neither the employee nor the employer can influence.

As mentioned above, the employee is obliged to inform in writing about his desire to leave the position 14 days in advance.

Do you always need to work out 2 weeks upon dismissal?

The term "working off upon dismissal" is not entirely correct, because the Labor Code does not say a word about compulsory work.

It only says that the subordinate must notify the management 2 weeks before leaving.

In some cases, an employee may quit after 3 days.

For example, if he:

works in seasonal work;
works on, which is not over yet;
signed an employment agreement for up to 2 months.

But there are reasons when an employee can leave without completing the due date.

According to current legislation, an employee has the right not to work out the mandatory 14 days in such cases:

Achievement retirement age. An employee who is eligible for retirement and working retirees by age has the right not to work for two weeks.
In connection with moving to another city or another country, an employee can quit without warning.
One of the spouses is transferred to work in another region.
Violation employment contract on the part of the employer, is the basis for dismissal without work.
In connection with admission to training.
Dismissal of a single mother, mother of many children, and a woman who took custody of a child under 14 years old.

Real life example:

“A mother of many children, Lukashina Zinaida Pavlovna, acting as a technologist, was hired to work in the Agrosoyuz company, where she conscientiously performed her duties. Due to the illness of the child, the woman decided to quit while on sick leave.

After the expiration of the sick leave, Zinaida Pavlovna came to receive a calculation and found out that she had been fired under the article for absenteeism. Going to court, the woman proved the employer's illegal actions, received monetary compensation and payment of wages ”.

Possible options

There are other possibilities for terminating an employment contract on the initiative of an employee without working for 14 days.

Vacation registration

Employment record

An employee of the personnel department must adhere to the requirements of the Instruction on the rules for maintaining work books.

Indicating the reason for dismissal, you need:

Write that the employee was dismissed at his own request.
Indicate the reason, for example: voluntarily dismissed due to enrollment.

Recording example:

An example of an entry in work book upon dismissal of an employee on their own

Timing

The employee must notify the superiors 2 weeks in advance about leaving.

Sometimes this period is shortened to 3 days. And an employee holding a managerial or financially responsible position must warn about voluntary dismissal a month in advance.

Each individual case can be considered individually by agreement between the employer and the employee.

How to count days?

The term of work begins to be calculated at the beginning of the day that follows after the application is filed, and ends on the corresponding date.

To understand how much an employee should work off, consider an example:

Employee Petrov I.S. wrote a letter of voluntary dismissal on February 4, 2019. The term of work will begin to be calculated on February 5. The 14-day deadline ends on February 19, 2019. On this day, an order is drawn up and a calculation is issued.

Payments and compensation

The legislation provides for some payments for employees who decide to quit on their own initiative.

The employee has the right to receive money for due vacation, compensation, if such is provided, travel allowances, if the expiration date of the work fell on the period of a business trip, vacation or sick leave.

In the event of a delay in payment of wages, the employer is obliged to pay each day of delay in payment in the amount of the employee's average wage.

Nuances

After the calculation, the employer is obliged to return the labor. But if the employee did not appear for her or did not allow her to be sent by mail, the manager's responsibility for withholding this document is removed.

The organization is obliged to pay the employee all payments, the amounts of which are undeniable. If the employee has doubts about the correctness of the calculation of wages and compensations, he can go to court.

Payment for unused vacation and allowance for early dismissal are taxed.

Possible violations by the employer

There are times when the employer does not want to let the employee go. It is important to remember that such actions are illegal.

These actions can be:

Refusal to return the work book.
The requirement to work for two weeks in cases where work is not required or is a shorter period.
Refusal from cash payments that are relied on according to the law.
Failure to comply with an employment agreement.
During the layoff period, the employer is obliged to pay the employee two months before and after dismissal.

To protect their rights, an employee must apply:

to the labor protection inspectorate;
to the prosecutor's office;
to court.

Is it possible to work after being fired?

The legislation provides for a period to warn superiors about leaving.

After the end of this period, the employee is issued a labor and calculation. If on this day the management gives the labor book, but requires additional working off, then such actions are considered illegal.

The employee changed his mind about leaving

Before the end of the working period, the employee has the opportunity to change his mind by withdrawing the application.

But it will be more difficult to cancel it if another employee is invited to the position.

There are many more individual situations when it is necessary to quit without work, often employers meet their employees halfway and sign a resignation order on the day of writing the application, make exceptions for mothers of many children, expectant mothers or people with health problems.

Many working citizens are rather worried about actual question, whether it is necessary to work out 2 weeks upon dismissal. Indeed, it is often necessary according to the law. But not everyone knows that 2 weeks' work is not always necessary. In some cases, this period is much shorter, and sometimes it is not required at all.

What circumstances force you to work

As points out Labor Code a person who wants to resign of his own free will need to work out the established period, namely 14 days, so that the manager has the opportunity to find a new employee during this time. To do this, he will need to write an application for his own resignation and apply for familiarization with the employer later than two weeks. However, if the director does not need this person for the job, he can afford to leave the job without it.

Practice is optional unless management needs it.

14 days is the minimum established period, it can be a month or less at the initiative of the director of the organization or for relevant circumstances.

With respect to these groups of people, the duration of working off is three days:

workers on trial;
persons working seasonally;
citizens with a time-limited employment contract.

In the case when an employee, being on a tariff vacation or on sick leave, expresses a desire to leave the place of work, the work will already be credited to him. Only he must notify his superiors about this no longer than 2 weeks before the end of the vacation.

Also, working off may be optional if the employee and his director mutually agree on dismissal and have drawn up a written agreement. It must indicate the date of leaving the place of work, and the process of working off in this case is excluded.

If a working citizen, wishing to annul an employment contract of his own free will, does not want to work out the established period, then he is obliged to apply with this request to the manager. Only on the basis of a written statement (resolution) signed by the authorities, it is possible to legally exclude working off. If you do not work out what will be spelled out in Article 80 of the Labor Code of Russia. Point 3 of the commentary to the article says that refusing to work is considered a violation of the working order and can lead to dismissal for absenteeism.

When an employee has the right not to work out

A two-week working off can be ignored by an employee if:

the head has violated any of the clauses of the current legislation and there is documentary evidence of this;
the worker is forced to leave the place of work due to the prevailing circumstances.

The current legislation of 2017 refers to the circumstances forcing resignation:

Care for state support due to old age. A pensioner is not required by law to work out a 14-day period after dismissal;
Enrollment in an educational institution;
Draft for military service in the ranks of the state army;
If there is a child who has not reached maturity;
Pregnancy, when a woman cannot continue to work due to her condition;
Moving, even if it is under the pretext of changing the place of residence of the spouse.

If a question arises whether I have the right to quit without working two weeks, the answer will be yes if you belong to the above categories of citizens. In such cases, it is possible not to go to work, starting from the next one for after the transfer of the application. However, the employee will need to provide evidence in the form of official documents. This can be a certificate from an educational institution, documents for retirement, a child's birth certificate proving his young age, a medical certificate, and the like.

If a person does not belong to these categories, but still does not want to work out, he can agree on this with his superiors or apply for resignation during vacation time. Leaving work by mutual agreement of both parties does not require working off and provides an opportunity to leave at any desired time.

When leaving the place of work, regardless of whether the work was done or not, the employer must, on the day of leaving:

Give the employee a salary for the period worked out;
Pay for vacation if it has not yet been taken off;
Provide compensation, if it is regulated by the contract.

There is an opinion among the people that when you apply for a resignation, you cannot immediately leave your job - you will have to work for two weeks. But this is not entirely true, since no one directly forces you to work out. Moreover, in some cases it is possible to leave immediately after submitting the application! We will talk about how to do this and what needs to be taken into account later.

What is considered as working off?

In the current laws and the Labor Code of the Russian Federation, there is no such term as “ two-week working off". All the more obligatory. However, in Art. 80 of the Labor Code of the Russian Federation there is a mention that an employee who wants to quit must notify the employer about this no later than 14 days before leaving.

In this case, you can draw up a statement at least a year before leaving. The main thing is to submit exactly two weeks in advance. Why is this period set? This is how the law protects the employer by giving him a term to search for a new specialist who could replace you after your dismissal. Yes, and you are given a period of time to think - during this period you still have the right to withdraw your application if you have not yet found a replacement.

It is important to note that such "working off" is valid only upon dismissal on one's own initiative. If you have been laid off or fired for any offense, the process of leaving is much faster.

Also, you do not have to work off anything if you went on vacation or sick leave, and then quit.

Do I need to work out upon dismissal?

As already mentioned, no. But you need to notify in advance. But even for this duty there are exceptions. The Labor Code of the Russian Federation provides for the opportunity to leave the organization at a time convenient for the specialist. To do this, you must fall under one of the following situations.

The parties have come to a voluntary agreement

The most optimal option, especially for those whose job responsibilities do not include the task of performing a predetermined amount of work. In this case, management can listen to your motivation for dismissal and approve a specific day on which you want to leave the company.

The application must be agreed with the management, you cannot act at random, your absence will then be regarded as absenteeism.

You have indicated valid circumstances for which you cannot continue to work

These include:

testimony of doctors, stable deterioration in health;
migration to another country, moving to another region of the Russian Federation;
your spouse was transferred to work in another country or region of the Russian Federation;
you have reached retirement age;
you have children under 14;
you have three or more children;
you have a need to take care of a seriously ill relative (or a relative with a disability);
you entered a full-time course of study at a university;
if you are a woman, during pregnancy you are also exempt from labor.

In such cases, all you have to do is document the good cause. This can be a certificate of health, papers on admission to an educational institution, documents on transfer to work in another area, etc.

The list of valid circumstances is far from complete, each case is considered individually. Your main task is to have the appropriate evidence on hand.

Your employer has violated your rights

You can leave the organization at any convenient date if you can prove that the employer violated your rights provided for by the Labor Code and the Civil Code of the Russian Federation, as well as local n regulations.

Such violations include, for example, regular delay in wages, non-payment of benefits, unwillingness to let you go on legal leave, non-payment of overtime, etc.

The statement of violations and the attached evidence are submitted to the employer's administration. If they consider the identified violations serious, you will not have to work out.

You received a certificate of incapacity for work or went on vacation

A period of sickness or vacation is included in the working off. This is the most thorny path, but also quite legitimate. The only subtlety is that you should not ask for leave and declare further care at the same time, the employer will not approve of such a step.

If you have tried all possible options, but constantly received a refusal - it's time to defend your rights in court. This is a lengthy process, but justified.

How to make an application?

If you want to quit without working off, this fact must be reflected in the document. Among other things, you need to provide information such as:

Name and position of the person who will accept the application;
full name of the employer;
your name and title structural unit if you are a member;
the application itself, which includes a request to fire at a certain number and a desire to quit without working off;
evidence confirming that the reason for leaving is valid or an indication of the details of a voluntary dismissal agreement;
the date when the application was written;
signature and decryption.

The application is usually drawn up on the company's letterhead. But if there is no such letterhead, it is allowed to draw up an application on a regular A4 sheet.

How to calculate the working period?

The term is counted not from the moment when you wrote the application, but from the day when the authorities got acquainted with it. Prepare an application in two copies, in case the application is suddenly "lost" in personnel service enterprises. In this case, you will have a second copy signed by the manager.

Have you received a signature? This means that you can add 14 to the date of receipt. calendar days and get the departure date. Holidays and weekends are also included in this period. The employer does not have the right to shift the terms of dismissal of his own free will.

Remember that even the last working day is the same as all the previous ones. If this day does not fall on a day off, you are not released from your work duties, but in addition to this, you will also need to study the order of dismissal, get your hands on all personnel documents and the rest of the salary.

By general rule in accordance with part one of the Labor Code of the Russian Federation, the employee has the right at any time on his own initiative to terminate the employment contract, notifying the employer about this in writing no later than two weeks, unless another period is established by the Russian Federation or otherwise federal law... The course of the specified period begins on the next day after the employer receives the employee's application for dismissal.

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

Also, the labor legislation defines cases when the employer is obliged to dismiss within the period specified in the employee's application, regardless of the period for notification of the employer about the termination of the employment contract.

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

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

The Labor Code of the Russian Federation gives as an example only two circumstances of the employee's dismissal due to the inability to continue working, noting that others are also possible.

In this regard, we note that in clause 7.2 of the clarification of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions dated 10/25/1983 N 8 / 22-31 "On some issues related to the application of legislation on strengthening labor discipline"along with cases of enrollment in educational institution, retirement, as a valid reason for which it is impossible to continue working, the move to another area is named. The plenum The Supreme Court The Russian Federation also refers to the valid reasons for dismissal the inability to continue working due to the direction of the husband, wife to work abroad, to a new place of service (clause 22 of Resolution No. N 2)).

Thus, the impossibility of further work of the employee should be determined in each case, taking into account the specific circumstances.

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

In other cases, the employee, within two weeks after submitting the application, is not released from the performance of his labor duties. Evasion of their execution may lead to the dismissal of the employee for absenteeism (clause 39 of Resolution N 2, Lipetsk Regional Court of 11.08.2008 N 33-1446 / 2008, Moscow City Court of 24.06.2010 N 33-16033).

Prepared answer:

Expert of the Legal Consulting Service GARANT

Naumchik Ivan

Response quality control:

Reviewer of the Legal Consulting Service GARANT

Voronova Elena

The material was prepared on the basis of an individual written consultation provided within the framework of the Legal Consulting service.

In the life of every employee of private and public events, a situation may arise when there is a prospect of transfer to a position with a better salary or the need for an urgent expulsion. Accordingly, for many officials will up-to-date information whether the employee is obliged to work for 2 weeks. For permission this issue in the labor field, state legislation has developed appropriate standards.

Employment on Dismissal Act

In accordance with applicable law labor sphere, which regulates the situation of leaving, the staff is obliged to be on the staff of the organization for 2 weeks. After making the appropriate decision, the employee writes a statement. This is necessary so that the boss can find a new person.

Labor compensation will not be required if the company is subject to liquidation or the employee is fired as a result of layoffs. The law also provides for the need to work out three days, if a citizen was enrolled in the position of an intern, the contract was concluded for short term or the employee does seasonal work.

Development on general terms was not canceled. Accordingly, employees who independently express a desire to quit must complete the specified period. It also provides for cases when this will be canceled. Among the circumstances:

Impossibility of activity due to enrollment in a higher educational institution;
Achievement ;
Revealing the facts of violation of the law, internal regulations;
Moving and registration at a new place of residence;
The presence of medical indications that impede the work in the previous position;
Exercise of guardianship over incapacitated citizens.

Employee rights and obligations

Government and commercial employees who plan to voluntarily leave are required to work fourteen days from the date of the application that states the desire to leave. In this case, the last day of fulfillment of work obligations and the moment of calculation is the date specified in the application.

By mutual agreement, the contract can be terminated even before the expiration of the time during which the person will be warned. The need for mandatory reimbursement lasting 14 days before the official exclusion is regulated by the state labor law and regulations of each enterprise. This procedure is necessary for the following purpose:

So that the employer has the opportunity to find another citizen for a specific position of the dismissed;
So that a person has the opportunity to pick up his documentation and recover for further work (see).

Special circumstances for quick dismissal

The employer cannot demand compensation from the staff in the event of an application and the upcoming sick leave, vacation. Also, the legislation provides for a number of circumstances that are grounds for quick leave without further labor compensation.

The list of situations includes the following situations:

Impossibility to continue activities due to enrollment in the ranks of students of higher educational institutions;
The upcoming retirement of employees;
Detection of the facts of violation of the laws and regulations of the company;
Upcoming move to a new place of residence;
Inability to work for serious medical reasons;
Pregnant women, parents and guardians who have dependent children under the age of 14.

For a quick exclusion without the need to carry out work within 14 days before calculation, it is enough to draw up a voluntary document and indicate a request for leaving. In this case, you should definitely indicate the reason and impossibility of working off.

If an agreement on voluntary care without work is impossible, then the employee is guaranteed to provide reliable evidence of the fact that a citizen cannot carry out work. In order to quit without work, special categories of employees can be fired within a three-day period. These categories include trainees and seasonal workers.

Do I have the right not to work out?

Every citizen can not work for a period in case of need for care. Such circumstances should be discussed with the employer, after which an appropriate agreement is drawn up. In order to prevent misunderstandings and conflict situations, legal experts recommend concluding agreements in writing.

Citizens have the right not to work for the specified two weeks in the event that if a new applicant has already been found for a specific position. In this case, the person will no longer be able to withdraw the drawn up application even within 14 days if the found one was enrolled in accordance with legal requirements.

At the time of voluntary expulsion, a member of the state will not work for two weeks in special circumstances, which include personal urgent incidents in life and illegal actions of employers that resulted in a violation of the law.

Objective are the circumstances associated with the beginning of activities in another place or enrollment in the number of students of an educational institution. The list of situations in which an employee may not work for two weeks is not limited, but it is imperative that the situations be respectful.

Can I go on vacation before I leave?

Every employee of the state or commercial organization may go on vacation just before expulsion. This situation will be convenient not only for the employee, but also beneficial for employers: the boss is not obliged to pay for the vacation that the staff did not use on time.

At the time of sending an employee on vacation immediately before dismissal, the appropriate documentation must be drawn up. The preparation of accounting papers is carried out before or after going on vacation, this applies to all types: annual basic, additional leave, maternity rest of a pregnant woman and employees who are raising young children.

What if you change your mind about quitting?

Before the final expiration of the period before further dismissal, the employee may withdraw the drawn up statement. If this procedure is carried out within a certain period, then the employee will be listed in the previous position and will be considered an active member of the staff.

If the place of the employee who is planning to be fired has already been taken by a new person who was registered in accordance with all state regulations, then specific worker loses its ability to perform labor and withdraw the application. A staff member may remain in office as long as he does not insist on expulsion without an order.

Documents and calculation of dismissal compensation

State law obliges employers to issue all legal and labor documents and also issue the final financial calculation. If the moment of settlement falls on a weekend, then all operations are performed on the previous day. If there is a mutual agreement, the boss sends all documents to the email address.

When 2 weeks' work is required

Employees of enterprises are obliged to complete the term if the desire to quit is voluntary and independent. In this case, he must submit the paper no later than a few weeks before the expected date of dismissal.

This period is set so that the employee can rethink his decision and be reinstated in the position, and the employer could enroll someone else. Depending on the circumstances, the employer can independently determine the need to carry out the work or the impossibility of continuing to work.

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