Labor code of the Russian Federation article 80 working off. Dismissal of your own free will - registration rules and controversial situations. Working off - types and duration of notice of dismissal

The employee has the right to terminate the employment contract by notifying the employer about this in writing not later than two weeks, unless another period is established by this Code or other federal law. The course of the specified period begins on the next day after the employer receives the employee's letter of resignation.

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

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

Before the expiry of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not made, unless another employee is invited in his place in writing, to whom, in accordance with this Code and other federal laws may not be refused to conclude an employment contract.

Upon expiration of the term of the notice of dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to give the employee work book or provide information about labor activity(Article 66.1 of this Code) from this employer, issue other documents related to work, upon written application of the employee and make a final settlement with him.

If, after the expiry of the notice of dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

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Article 80 of the Labor Code of the Russian Federation refers to the procedure for terminating an employment contract on the initiative of an employee. In accordance with article 80 of the Labor Code of the Russian Federation, an employee is obliged to notify the employer of his dismissal at least two weeks, after which he has the right to stop working and receive a work book and a full payment. The text of Article 80 of the Labor Code of the Russian Federation also stipulates cases of termination of an employment contract before the expiration of the notice of dismissal, in particular, in cases of retirement, enrollment in an educational organization or violation of labor legislation by the employer.

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Question

I got a job at the company 2 weeks ago. When hiring, a trial period of 3 months was stipulated. Throughout my time at the company, I was also reminded every day of the probationary period. I do not like the work categorically. I was not given an employment contract. I would like to quit as soon as possible. Do I have to work 2 weeks after writing the letter of resignation?

Lawyer's answer:

In accordance with applicable law, if during the period probationary period the employee decides that the work performed does not suit him, then he has the right to terminate the employment contract at his own request. Moreover, in accordance with Article 71 of the Labor Code of the Russian Federation, he is obliged to notify the employer about his decision 3 days in advance. However, it should be noted that in the text of the employment contract you signed, there may be no clause on the establishment of a probationary period for you. In this case, the law (Article 80 of the Labor Code of the Russian Federation) provides for the employee's obligation to notify the employer of his desire to quit 2 weeks in advance. Thus, it is advisable to first study the terms of the employment contract signed by you. You can claim it from the company's management by writing a statement and referring to Article 62 of the Labor Code of the Russian Federation.

Question

An employee of the enterprise, acting under duress from the employer, has drawn up and handed over to the employer a letter of resignation of his own free will with the date of dismissal that coincides with the day of writing the application. However, neither on this day, nor a week later, the dismissal did not take place. Does the letter of resignation lose force in such a situation?

Lawyer's answer:

No, it does not. According to Art. 80 of the Labor Code of the Russian Federation, an employee has the right to terminate an employment contract, subject to a written warning from the employer no later than 2 weeks in advance. During these two weeks, the employee can cancel his / her letter of resignation at any time.

Question

The enterprise is being liquidated. Employees are required to write resignation letters of their own free will. How to proceed?

Lawyer's answer:

For employees, the most profitable option is to terminate employment contracts as a result of the liquidation of the company. This option involves the implementation of compensatory payments (Article 178 of the Labor Code of the Russian Federation). If you have already written letters of resignation of your own free will, you should not worry. According to Art. 80 of the Labor Code of the Russian Federation, before the expiration of the warning of dismissal, employees have the right to withdraw their applications at any time. Termination of contracts in this case is not performed (except for cases when other employees have already been invited to the place of employees in writing, who cannot be denied the execution of an employment contract). Therefore, as soon as possible, you should withdraw your resignation letters of your own free will by sending valuable letters to the employer with descriptions of attachments and acknowledgment of receipt.

Question

The manager rudely humiliated the worker and forced her to write a letter of resignation of her own free will. In fact, the employee does not seek to quit. Can an employee be fired if she is not in maternity leave, and the child's age has not yet reached 3 years old?

Lawyer's answer:

Termination of labor contracts with women with children under 3 years of age, in accordance with Part 4 of Art. 261 of the Labor Code of the Russian Federation, at the initiative of the employer is unacceptable. An exception should be recognized dismissal in accordance with paragraphs 1, 5 - 8, 10, 11, Art. 81 of the Labor Code of the Russian Federation or clause 2 of Art. 336 of the Labor Code of the Russian Federation. If there is evidence that the employee was forced to write a letter of resignation of her own free will, an effective form of protection would be an appeal to the prosecutor's office or the State Institute of Informatics.

Labor Code Russian Federation:

Article 80 of the Labor Code of the Russian Federation. 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 about this in writing not later than two weeks, unless another period is established by this Code or other federal law. The course of the specified period begins on the next day after the employer receives the employee's letter of resignation.

By agreement between the employee and the employer, the employment contract may be terminated even before the expiry 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 the 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 time period specified in the employee's application.

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

Upon expiration of the term of the notice of dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee with a work book or provide information about the work activity (of this Code) with this employer, issue other documents related to the work, upon a written application from the employee, and make a final settlement with him.

If, after the expiry of the notice of dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Return to the table of contents of the document: Labor Code of the Russian Federation in the current edition

Comments on Article 80 of the Labor Code of the Russian Federation, judicial practice of application

Article 80 of the Labor Code of the Russian Federation establishes a general (unified) procedure and conditions for termination on the initiative of an employee of both a fixed-term employment contract and an employment contract concluded for an indefinite period. The right of an employee to terminate an employment contract before the expiration of its validity period own initiative is not related to the presence of a valid reason. The employee has the right to terminate any employment contract at his own request at any time. He is only obliged to notify the employer about this in writing no later than For two weeks.

Other terms of warning the employer about dismissal

The employee has the right to terminate the employment contract by notifying the employer in writing not later than two weeks in advance. The following norms of the Labor Code of the Russian Federation establish other periods of notice of dismissal:

  • . Test result when applying for a job... If, during the trial period, the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request, notifying the employer about this in writing for three days.
  • . Early termination of an employment contract at the initiative of the head of the organization... The head of the organization has the right to terminate the employment contract ahead of schedule, notifying the employer (owner of the organization's property, his representative) in writing no later than one month.
  • . Termination of an employment contract... An employee who has entered into an employment contract for up to two months is obliged to notify the employer in writing about three calendar days on early termination of the employment contract.
  • . Termination of an employment contract with seasonal workers... An employee engaged in seasonal work is obliged to notify the employer in writing about the early termination of the employment contract for three calendar days.
  • . Termination of an employment contract (with an employee working for an employer - natural person) ... Terms of notice of dismissal, as well as cases and amounts of severance pay paid upon termination of an employment contract and others compensation payments are determined labor contract.
  • . Features of termination of an employment contract with an athlete, with a coach... An athlete, a coach have the right to terminate an employment contract on their own initiative (at their own request), notifying the employer about this in writing no later than one month, unless the employment contract is concluded for a period of less than four months.

Written letter of resignation is required... An employee's oral statement on termination of an employment contract cannot be the basis for the employer to issue a corresponding order of dismissal

By agreement between the employee and the employer, the employment contract may be terminated even before the expiry of the established warning 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 in paragraph 1 of Part 1 of Art. 77 of the Labor Code of the Russian Federation.

Clarifications of the Supreme Court of the Russian Federation

Clause 22 of the Resolution of the Plenum The Supreme Court RF of 17.03.2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" contains the following clarifications:

Termination of an employment contract at the initiative of an employee

When considering disputes on termination of an employment contract concluded for an indefinite period at the initiative of an employee, as well as a fixed-term employment contract (paragraph 3 of the first part of Article 77, Article 80 of the Labor Code of the Russian Federation), the courts must keep in mind the following:

  • a) termination of the employment contract on the initiative of the employee is permissible in the case when the submission of the application for dismissal was his voluntary expression of will. If the plaintiff claims that the employer forced him to apply for dismissal of his own free will, then this circumstance is subject to verification and the obligation to prove it rests with the employee;
  • b) the employment contract may be terminated on the initiative of the employee and before the expiration of the two-week notice period for dismissal by agreement between the employee and the employer.
  • c) based on the content of part four of article 80 and part four of article 127 of the Labor Code of the Russian Federation, an employee who warned the employer about the termination of the employment contract has the right to withdraw his application before the expiration of the warning period (and when granting leave with subsequent dismissal - until the day the vacation begins) to withdraw his application, and dismissal in this case, it is not carried out, provided that another employee is not invited in his place in writing ... (for more details, see paragraph 22 of the Resolution).

Positions of the Constitutional Court of the Russian Federation

Part 1 of Art. 80 of the Labor Code of the Russian Federation on the possibility of an employee to quit at any time does not contradict the Constitution

Having provided in part one of Article 80 of the Labor Code of the Russian Federation the opportunity for an employee to resign at any time on his own initiative and having established the only requirement - to notify the employer about this no later than two weeks in advance, the federal legislator has created a legal mechanism to ensure the implementation of the right of citizens to free disposal of their abilities for work. In addition, in order to take into account the interests of employees as much as possible, part four of the same article grants the employee the right to withdraw his application before the expiry of the notice of dismissal (unless another employee is invited in his place in writing, who cannot be refused to conclude an employment contract).

At the same time, the Supreme Court of the Russian Federation, in Plenum 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" indicates the need for courts to check when considering disputes on termination of an employment contract on the initiative of an employee of the statement about the absence of a voluntary expression of the employee's will to dismiss (subparagraph "a" of paragraph 22).

Thus, the indicated legal regulation is aimed at protecting the labor rights of workers and cannot be considered as violating the constitutional rights of the applicant (definition of the Constitutional Court of the Russian Federation of 20.11.2014 N 2577-O)

Part 3 of Art. 80 of the Labor Code of the Russian Federation on the possibility of an employee to quit at any time if the employer violates the law does not contradict the Constitution

Part three of Article 80 of the Labor Code of the Russian Federation provides the employee with the opportunity to terminate labor relations at a time of his own choosing in the event that the employer violates the requirements of labor legislation, regulations and other regulatory legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract; this norm is of a guarantee nature and in itself cannot be regarded as violating any constitutional rights of citizens (definition of the Constitutional Court of the Russian Federation of 06/23/2015 N 1242-О)

Part 3 of Art. 80 of the Labor Code of the Russian Federation on the possibility of an employee to quit at any time in case of retirement does not contradict the Constitution

The Labor Code of the Russian Federation provides for the right of the employee to terminate the employment contract with the employer, notifying him of this in advance in writing. At the same time, as previously noted by the Constitutional Court of the Russian Federation, the requirement addressed to the employee to notify the employer about his dismissal, as a general rule, no later than two weeks (part one of Article 80 of the Labor Code of the Russian Federation) is due to the need to provide the employer with the opportunity to timely select a new employee, and the employee's right, enshrined in part four of the same article, before the expiration of the warning about dismissal, to withdraw his application (unless another employee is invited in his place in writing, who cannot be refused to conclude an employment contract) is aimed at protecting the employee's labor rights ( definitions of January 25, 2007 N 131-O-O and of March 22, 2011 N 297-O-O).

As an exception to the general rule about the need to work two weeks from the moment of filing an application for dismissal of his own free will, part three of Article 80 of the Labor Code of the Russian Federation obliges the employer to terminate the employment contract within the period specified in the employee's application, if the dismissal is due to the inability to continue working ( enrollment in an educational organization, retirement and other cases).

Thus, the impugned legal provision, allowing to determine the date of dismissal in the letter of dismissal of his own free will, appears additional guarantee for persons wishing to leave work in connection with retirement, it is aimed at taking into account their interests as much as possible in a situation where it is impossible for them to continue working, and does not violate the constitutional rights of the applicant (definition of the Constitutional Court of the Russian Federation of 03.07.2014 N 1487-O)

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

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

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

Working off - types and duration of notice of dismissal

The law establishes a working period - the period after filing an application for termination of the contract, within 2 weeks.

This time is provided for the possibility of searching for a new candidate for the replaced employee, as well as transferring to the latter cases that are in his competence. 14 days before vacant place must find a new person who will be ready to take up the job.

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

When the working period is 3 days:

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

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

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

It's important to know: during work for any reason, the employee must regularly perform his job duties on the basis of an agreement concluded with the employer and job descriptions... If the staff does not go to work, dismissal under the article is possible.

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

Reasons for dismissal of their own accord without working off

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

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

These include:

  1. Leaving at the own request of a retired employee.
  2. Pregnancy.
  3. Maintenance of a child under 14 years of age or a disabled person upon the provision of a medical certificate.
  4. 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 vacant post no new person was found, the employee has the right to cancel the letter of resignation. In this case, the employer cannot prevent the employee from withdrawing the notice and continuing to perform work duties as usual.

If a person is dismissed, but he was not paid wages, he has the right to demand the provision of a calculation taking into account the accrued interest. The penalty is taken equal to 1/300 of the refinancing rate for each day of delay. This is indicated in the application to the court or labor inspectorate.

Payments are established by a court order or regulation, which, when they come into force, are binding on the enterprise. Collection is carried out by the Service on a compulsory basis.

Some Tricks - How to Avoid Dealing


 In exceptional cases, working off is not required:

  1. Enrollment in higher educational establishments when submitting a training order.
  2. When you go on an annual paid vacation, if it is 2 weeks, subject to the preliminary submission of a letter of resignation 14 days in advance (Article 127 of the Labor Code of the Russian Federation).
  3. If the husband or wife is transferred to work abroad or to another region. It is necessary to confirm the circumstance by order, then the dismissal without working off will be legal.
  4. Upon admission of violations of labor legislation by the employer: regular non-payment wages, lack of annually paid. All these facts must be recorded by the conclusion of the labor inspectorate, a court order or a response to a complaint to the prosecutor's office.
  5. Sick leave coincided with the time two-week working off before leaving.

Sample letter of resignation

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

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

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

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

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

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

How to quit without completing 2 weeks: instructions

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

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

Good to know: the calculation upon dismissal includes the amount for annual paid leave, bonuses and other payments due to the employee for the period of activity. It is impossible to deprive the personnel of these advantages in connection with the urgent leaving of the workplace. Personal income tax is charged on all amounts in the order adopted for tax accounting, and also deductions are made to the Pension Fund and the FSS of the Russian Federation.

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

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

Watch 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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  • Chapter 8. PARTICIPATION OF EMPLOYEES IN MANAGEMENT OF THE ORGANIZATION
  • Chapter 9. LIABILITY OF THE PARTIES TO SOCIAL PARTNERSHIP
  • PART THREE
  • PART FOUR
    • Section XII. FEATURES OF LABOR REGULATION OF SEPARATE CATEGORIES OF EMPLOYEES
      • Chapter 40. GENERAL PROVISIONS
      • Chapter 41. SPECIFIC FEATURES OF LABOR REGULATION FOR WOMEN, PERSONS WITH FAMILY RESPONSIBILITIES
      • Chapter 42. FEATURES OF LABOR REGULATION OF EMPLOYEES UNDER THE AGE OF EIGHTEEN YEARS
      • Chapter 43. FEATURES OF LABOR REGULATION OF THE HEAD OF THE ORGANIZATION AND MEMBERS OF THE COLLEGIONAL EXECUTIVE BODY OF THE ORGANIZATION
      • Chapter 44. SPECIFIC FEATURES OF LABOR REGULATION OF PERSONS WORKING ON COLLABORATION
      • Chapter 45. SPECIFIC FEATURES OF LABOR REGULATION OF EMPLOYEES CONCLUDING AN EMPLOYMENT CONTRACT FOR A PERIOD OF TWO MONTHS
      • Chapter 46. FEATURES OF LABOR REGULATION OF EMPLOYEES EMPLOYED IN SEASONAL WORKS
      • Chapter 47. SPECIFIC FEATURES OF LABOR REGULATION OF PERSONS WORKING ON THE CROWN METHOD
      • Chapter 48. FEATURES OF LABOR REGULATION OF EMPLOYEES WORKING FOR EMPLOYERS - INDIVIDUALS
      • Chapter 48.1. FEATURES OF LABOR REGULATION OF PERSONS WORKING FOR EMPLOYERS - SUBJECTS OF SMALL BUSINESS, WHICH ARE REGULATED TO MICRO-ENTERPRISES (introduced by the Federal Law of 03.07.2016 N 348-FZ)
      • Chapter 49. FEATURES OF REGULATION OF LABOR OF OWNERS
      • Chapter 49.1. FEATURES OF REGULATING THE LABOR OF REMOTE WORKERS (introduced by the Federal Law of 05.04.2013 N 60-FZ)
      • Chapter 50. SPECIFIC FEATURES OF LABOR REGULATION OF PERSONS WORKING IN THE REGIONS OF THE HARD NORTH AND LOCAL EQUAL TO THEM (as amended by Federal Law of 30.06.2006 N 90-FZ)
      • Chapter 50.1. FEATURES OF LABOR REGULATION OF EMPLOYEES WHO ARE FOREIGN CITIZENS OR PERSONS WITHOUT CITIZENSHIP (introduced by the Federal Law of 01.12.2014 N 409-FZ)
      • Chapter 51. FEATURES OF LABOR REGULATION OF TRANSPORT WORKERS
      • Chapter 51.1. FEATURES OF LABOR REGULATION OF EMPLOYEES EMPLOYED IN UNDERGROUND WORKS (introduced by the Federal Law of 30.11.2011 N 353-FZ)
      • Chapter 52. FEATURES OF LABOR REGULATION OF PEDAGOGICAL WORKERS
      • CHAPTER 52.1. FEATURES OF LABOR REGULATION OF SCIENTIFIC WORKERS, HEADS OF SCIENTIFIC ORGANIZATIONS, THEIR DEPUTIES (introduced by Federal Law No. 443-FZ of December 22, 2014)
      • Chapter 53.1. FEATURES OF LABOR REGULATION OF EMPLOYEES SEND TEMPORARILY BY THE EMPLOYER TO OTHER INDIVIDUALS OR LEGAL ENTITIES UNDER AGREEMENT ON THE PROVISION OF LABOR OF EMPLOYEES (PERSONNEL) (introduced by Federal Law No. 116-05.2014)
      • Chapter 54. FEATURES OF LABOR REGULATION OF EMPLOYEES OF RELIGIOUS ORGANIZATIONS
      • Chapter 54.1. SPECIFIC FEATURES OF LABOR REGULATION OF ATHLETES AND COACHES (introduced by the Federal Law of 28.02.2008 N 13-FZ)
      • Chapter 55. FEATURES OF LABOR REGULATION OF OTHER CATEGORIES OF EMPLOYEES
  • PART FIVE
  • PART SIX

    • Article 80 of the Labor Code of the Russian Federation. 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 about this in writing not later than two weeks, unless another period is established by this Code or other federal law. The course of the specified period begins on the next day after the employer receives the employee's letter of resignation.

    By agreement between the employee and the employer, the employment contract may be terminated even before the expiry 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 the 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 time period specified in the employee's application.

    Before the expiry of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not made, unless another employee is invited in his place in writing, to whom, in accordance with this The Code and other federal laws cannot be denied the conclusion of an employment contract.

    Upon expiration of the term of the notice of dismissal, the employee has the right to stop working. On the last day of work, the employer must give out an employee with a work book or provide information about labor activity (this Code) with this employer, issue other documents related to the work, at the written request of the employee and make a final settlement with him.

    If, after the expiry of the notice of dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

    Early termination of a fixed-term contract

    Urgent work. an agreement is an agreement between an employee and an employer, concluded for a certain period of time (for example, six months). After the expiration of the period specified in the agreement, the contract is terminated or, if the employment relationship is continued, it is transformed into an indefinite one. A fixed-term contract can be terminated for the same reasons as a regular one, before its validity period ends. So, fixed-term contract terminates ahead of schedule:

    • by agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
    • due to circumstances beyond the control of anyone (for example, conscription of an employee) (Article 83 of the Labor Code of the Russian Federation);
    • at the employee's own request (Article 80 of the Labor Code of the Russian Federation);
    The deadline for filing an application when leaving on his own initiative for a conscript worker depends on the period for which his contract was concluded. So, if a fixed-term contract was signed to perform seasonal work or work lasting up to 2 months, then an application must be submitted at least 3 calendar days before the date of leaving (Article 292 of the Labor Code of the Russian Federation). If the term of the contract is more than 2 months, then according to Art. 80 of the Labor Code of the Russian Federation, an application is submitted no later than 2 weeks in advance, that is, in the same period as when terminating ordinary labor. contract. When leaving by agreement with management or due to unexpected circumstances, an employee may not work out the 3-day or 2-week period prescribed by law. But only if he reaches an agreement with the management or presents a document confirming the need to urgently resign (a summons to the army, a document confirming the transfer of a spouse to another city or sending him to study, etc.). Early dismissal of a temporary employee is formalized in the usual manner. By general rules the final cash settlement is also made. Compensation for unused vacation temporary employees are also paid. Moreover, for an employee with whom the contract was signed for less than 2 months or for a season, the paid vacation is calculated according to the scheme: 2 working days for each month (Art. 291 and Art. 295 of the Labor Code of the Russian Federation).

    Dismissal of a remote employee due to retirement

    Part 1 of Art. 80 of the Labor Code of the Russian Federation gives employees the right to terminate labor. agreement of its own accord, notifying the management of this at least 2 weeks in advance. In this case, a different notice period may be established by the Code or the Federal Law. The countdown of 2 weeks begins the day after the manager receives the letter of resignation. Exists general rule, according to which, without working off, you can quit only with the consent of the employer. However, there are exceptions to the rule - special circumstances provided for in part 3 of article 80 of the Labor Code of the Russian Federation. So, if the dismissal of an employee occurs due to the inability to work further on objective reasons, then the employer must dismiss him in the period that the employee writes in the application. Part 3 of Article 80 of the Labor Code of the Russian Federation includes the following grounds for dismissal without working off:

    • a documented valid reason for termination of employment - retirement, enrollment in a university, conscription, etc. (the list is not closed);
    • proven violation by the employer of the provisions of the Labor Code of the Russian Federation, norms. acts or agreement with an employee.
    Retirement is a special circumstance in connection with which the employee can put in the application for dismissal on his own initiative any date that suits him. At the same time, the judges, considering disputes, clarify that the right of a pensioner to dismiss at a convenient time does not depend on the immediate moment of retirement (Court ruling of 08.12.2010 N 33-38420). An employee can take advantage of the opportunity to be fired immediately after retirement, or work for some time after retirement, and then quit without working 2 weeks. That is, part 3 of article 80 of the Labor Code of the Russian Federation establishes a guaranteed opportunity for pensioners-workers convenient time go to rest. But does it matter when firing an employee retirement age the circumstance that he is a teleworker? First, let's define teleworking... According to article 312.1 of the Labor Code of the Russian Federation, this is the fulfillment of the duties prescribed in the employment contract outside the workplace when interacting with the management via communication means (telephone, Internet). With remote employees, labor is concluded. contracts that spell out their working conditions. The labor law fully applies to remote workers. Art. 3 of the Labor Code of the Russian Federation indicates the unacceptability of labor restrictions. the rights and freedoms of employees due to circumstances not related to their business skills and qualities. Consequently, the fact that a pensioner works remotely cannot affect his right to resign at a convenient time. Employees working for labor. distance work contracts have the same rights and obligations as full-time employees. Dismissal of a remote employee upon retirement must be formalized by management within the time period specified by the pensioner in the application.

    The employee has the right to terminate the employment contract by notifying the employer about this in writing not later than two weeks, unless another period is established by this Code or other federal law. The course of the specified period begins on the next day after the employer receives the employee's letter of resignation.

    By agreement between the employee and the employer, the employment contract may be terminated even before the expiry 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 the 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 time period specified in the employee's application.

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

    Upon expiration of the term of the notice of dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee with a work book or provide information about work activities (Article 66.1 of this Code) from this employer, issue other documents related to work, upon a written application from the employee, and make a final settlement with him.

    If, after the expiry of the notice of dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

    Comments to Art. 80 of the Labor Code of the Russian Federation


    1. On the transfer by the employer on the day of dismissal of information on accrued and paid insurance premiums of state pension insurance, see Federal Law of April 1, 1996 N 27-FZ "On individual (personified) accounting in the compulsory pension insurance system".

    2. If after the expiry of the term for the notice of dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract shall continue.

    3. The employer shall be obliged to compensate the employee for the earnings not received by him in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, occurs if the earnings are not received as a result of the unlawful suspension of the employee from work, his dismissal or transfer to another job (Article 234 of the Labor Code).

    4. In the event of dismissal due to the expiration of the term of the employment contract, leave with subsequent dismissal may be granted even when the vacation time in whole or in part exceeds the term of this contract. In this case, the last day of the vacation is also considered the day of dismissal. When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his application for dismissal before the start of the vacation, unless another employee is invited to his place by way of transfer (Article 127 of the Labor Code).

    5. The wording of the dismissal on this basis is as follows: "Dismissed at his own request, paragraph 1 of Article 77 of the Labor Code of the Russian Federation."

    6. Two weeks is 14 calendar days, since according to Art. 14 TC, the terms, calculated in weeks, expire on the corresponding day of the week. The term, calculated in calendar weeks or days, includes non-working days. If the last day of the term falls on a non-working day, then the next working day following it shall be considered the day of the end of the term.

    Before the expiry of the notice of dismissal, the employee has the right to withdraw his application at any time. Any time is any point in time during the warning period, including the last minute of the warning, even if all resignation documents are completed. The employee is deprived of the right to withdraw his letter of resignation if the employer has invited another employee in writing.

    The form of withdrawal of the application for termination of the employment contract before the expiration of the term of the notice of dismissal of the Labor Code has not been established, therefore the employee can choose it: a written response or an oral one.

    7. The employer is obliged to terminate the employment contract within the time period specified in the employee's application in cases when: 1) the employee cannot continue to work. The reasons that make it impossible to continue working are named in the TC: a) enrollment in educational institution; b) retirement; c) other similar cases; 2) it is established that the employer violates labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract.

    8. When considering disputes on termination of an employment contract concluded for an indefinite period, as well as a fixed-term employment contract (clause 3 of part 1 of article 77, article 80 of the Labor Code), on the initiative of an employee, the courts must keep in mind the following:

    a) termination of the employment contract on the initiative of the employee is permissible in the case when the submission of the application for dismissal was his voluntary expression of will. If the plaintiff claims that the employer forced him to apply for dismissal of his own free will, then this circumstance is subject to verification and the obligation to prove it rests with the employee;

    b) the employment contract may be terminated on the initiative of the employee and before the expiration of the two-week notice period for dismissal by agreement between the employee and the employer. If the employee's statement is due to the impossibility of continuing his work, as well as in cases of established violation by the employer of labor legislation, etc. (see above paragraph 7 of the commentary), the employer is obliged to terminate the employment contract within the period specified in the employee's application. It should be borne in mind that these violations can be established, in particular, by the bodies exercising state supervision and control over the observance of labor legislation, by trade unions, the Labor Code, by the court;

    c) based on the content of Part 4 of Art. 80 and part 4 of Art. 127 of the Labor Code, an employee who warned the employer about the termination of the employment contract has the right to withdraw his application before the expiration of the warning period (and if leave with subsequent dismissal - before the start of the vacation), and dismissal in this case is not made, provided that in his place in writing form, another employee is not invited to whom, in accordance with the Labor Code and other federal laws, cannot be denied to conclude an employment contract (for example, by virtue of Part 4 of Article 64 of the Labor Code, it is prohibited to refuse to conclude an employment contract to employees invited in writing to work in the order of transfer from another employer, within 1 month from the date of dismissal from former place work). If, after the expiry of the warning period, the employment contract has not been terminated and the employee does not insist on dismissal, the employment contract is considered continued (part 6 of article 80 of the Labor Code) (paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2).

    9. The employer does not have a single reason why he can refuse the employee to terminate the employment contract. If the employee is on legal basis must pay the employer a sum of money (for example, to compensate for losses), then the employer can file a suit against the employee in court.

    10. The employee can warn the employer about the termination of the employment contract while he is in an employment relationship: during work, on sick leave, business trip, vacation, etc.

     

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