Dismissal at one's own request without working off - in what cases is it possible. Working off upon dismissal of one's own free will: how to quit without working off

Most working people who want to change their field of activity or move to another company are interested in the question: is it possible to quit without working? According to the Labor Code of the Russian Federation, a resigning person is obliged to work in the same position for another 2 weeks after submitting an application, however, there are exceptions in which it is quite possible to resign of one’s own free will without working out. The easiest way is to reach an agreement with the manager, and if certain circumstances and grounds exist, you can leave the enterprise without violating labor laws.

Having found a new job, many people ask the question: is it possible to be fired without working? In this case, potential employers often require that a person begin work immediately after an interview and approval for the position; however, if he has not yet left his previous job, certain difficulties may arise.

Despite the fact that working for 14 days is the rule rather than the exception, one-day dismissal is also provided for by the Labor Code of the Russian Federation. To leave the company in the near future after submitting an application, it is enough to know what is the basis for quick dismissal and what tricks there are that allow you not to stay in your previous job.

Application for dismissal without work

The law does not establish a form for an application for dismissal without working for two weeks, but in any case it must be drawn up in writing and in compliance with the following rules:

• the document must clearly indicate the intention to terminate the employment relationship and the request for urgent dismissal without work;
• the application must indicate the date of dismissal, otherwise the manager can take advantage of its absence and terminate the employment contract only after 2 weeks;
• The signature of the resigning employee is always placed at the end of the application.

In most cases, employers have no problem signing the employee’s application, but there are situations when they categorically refuse to do this. It should be taken into account here that the Labor Code of the Russian Federation does not establish mandatory endorsement of this document, so those resigning can send it by registered mail, register it with the secretary as incoming correspondence, or register it in the office.

If, after two weeks from the date of submitting or sending the application, the employee does not go to work, then this will not be considered absenteeism, because he complied with all the conditions of the Labor Code and warned of his intention to resign in advance in writing. When the employer, after two weeks, continues to insist that dismissal is impossible and does not provide documents, the employee can go to court or file a complaint about a violation of his rights with the labor inspectorate.

Sometimes situations arise in which it is necessary to withdraw a letter of resignation. The review is also provided in writing, and the employer can refuse only if another employee has already been hired for the vacant position and an order has been drawn up for him. The form of such a document is not defined by law, but it is best to do it in writing, or simply make a note about the revocation on the resignation letter.

Reasons for dismissal without working for two weeks

To leave the enterprise as quickly as possible, you need to know in what cases dismissal without work is provided for by labor legislation:

• if an employee is enrolled as a full-time student at a university and cannot or does not want to combine work with study;
• when an employee retires and does not intend to continue working;
• if the person leaving has violated the internal rules of the company or the norms of the Labor Code, and the manager insists on dismissal of his own free will. There is a downside to this: it is quite likely that the article under which the contract with the subordinate was terminated may be included in the “reasons” column in the work book.

According to the norms of the Labor Code of the Russian Federation, dismissal without service is also possible for other reasons:

• if an employee moves to work in another city or country. A supporting document may be a passport with a mark on deregistration;
• if the employee’s spouse is sent to work abroad. Here you may need a certificate of transfer from your previous place of work;
• if a subordinate moves to another area for permanent residence. It is worth noting that the Labor Code of the Russian Federation does not contain clearly defined documents that must be provided to the employer to confirm their intentions to move, so the only correct solution is to discuss all the details with him in advance in order to avoid misunderstandings and disagreements;
• if during a medical examination it was revealed that the person cannot continue to work for certain reasons. In this case, the employee can be dismissed at his own request in one day, but the manager has the right to demand relevant health certificates;
• if the employee is caring for a sick relative or a disabled person of group 1. This will require a medical certificate.

Such valid reasons for dismissal without work are a legal basis for the early termination of employment relations, since they are all specified in Art. 80 Labor Code of the Russian Federation. It is worth considering that pregnant women, as well as pensioners and parents raising disabled people or children under 14 years of age, can also resign in this way. This also includes spouses who have three or more children under 16 years of age, or students under the age of 18.

How can you avoid working time without violating labor laws:

• agree with the manager about dismissal on a certain day. This method is suitable only for those who maintain a friendly relationship with the director and can be sure that he will fulfill the terms of the oral agreement. If the employer promised to dismiss the employee on a certain day, but never did so, in the absence of grounds for quick dismissal, he will still have to work for 2 weeks if he wants, otherwise, if he does not show up for work within 14 days after submitting the application, considered absenteeism. This is fraught with negative consequences: the director can safely fire a subordinate under paragraphs. and clause 4 of Art. 81, since an oral agreement is not evidence;
• calculate your dismissal date in advance. For example, if you need to quit on September 14, then the application should be submitted on the 1st of that month. Many people forget about this method, although it is the most reliable;
• write an application for leave with subsequent dismissal. It is advisable to submit the document as early as possible, the most important thing is to be in time before the start date of the vacation. This option has legal grounds, and you can resign when going on either regular or extraordinary leave;
• go on sick leave for 2 weeks followed by dismissal without work. Everything is very simple here: all you need to do is visit a doctor, and then submit an application for leave at your place of work. Thus, after receiving a certificate of incapacity for work, the resigning employee can safely go to his old place of work to get a work book. It should be remembered that this method is only suitable for those who are really sick, since the law provides for punishment for both the doctor and the patient if the latter does not have any signs of illness and needs sick leave to solve his own affairs and problems. The application can be submitted directly while you are on sick leave, so that after leaving your job you can immediately pick up all the necessary documents from your previous place of work.

It often happens that the employer himself decides to fire an employee one day, but here it is worth considering that he does not have the right to do this if the latter is on vacation or sick leave. Many unscrupulous workers take advantage of this and take out several certificates of incapacity for work, thereby keeping their jobs and continuing to receive money.

How to quit on the day you submit your application?

There are circumstances in which you can complete 3 days of work instead of two weeks when leaving at your own request:

• if the employee is on a probationary period;
• if an agreement was concluded between the employer and employee for a period of less than two months;
• when employed in seasonal work. In this case, the employee must notify his supervisor 3 calendar days before leaving. If the initiator of dismissal is the director, then he notifies the employee of the upcoming dismissal in writing 7 days before the date.

If there are such grounds, you can quit on one day when the employer has no objections. If the person resigning does not fall into any of these categories and does not have valid reasons for leaving the company on the day the application is submitted, then his only option is dismissal by agreement of the parties. In this case, it is enough to simply agree with the employer, write an application and receive your documents.

For those who do not know whether it is necessary to work for 2 weeks upon dismissal, or whether you can limit yourself to one day, this information is of great importance, because if there are grounds for canceling work, then they should be used. This will allow you to start another job on time or begin other activities that were the reason for leaving your old job so quickly.

Often, employers do their best to prevent the legal dismissal of employees, justifying this by the impossibility of replacing them with other people, and if the rights of those leaving are violated, they can contact the labor inspectorate or file a claim in court.

The employee’s ability to terminate his employment relationship with the employer at will is guaranteed by Art. 77-78, 80 TK. But as a general rule, a specialist must inform his superiors of 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 labor 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:

1. the employee became a student at an educational institution;
2. transition to pensioner status;
3. the employer violated labor law norms (for example, he delayed payment of wages, but the fact of violation must be documented in the form of a labor inspection report);
4. other cases.

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

1. the need to move to another place of residence;
2. the married partner is transferred to work in another city or country;
3. the results of the medical report indicate that the citizen can no longer work in this industry or live in this area (the employer must present a real medical report);
4. the dismissal of a citizen is due to the need to care for a seriously ill relative, a disabled child, a child who has not yet turned 14 years old, as well as a person with 1st group of disability;
5. a pregnant woman wishes to terminate the employment relationship.

Some employees believe that after writing a standard resignation letter, they can ask the employer to terminate their employment relationship immediately. This logic is wrong.

If a person has a legal reason not to work for 14 days, he must write a statement indicating the reason for urgent dismissal. In addition, it is worth providing documents that confirm the basis for an early employment agreement. Otherwise, a citizen may earn several absences, and then risk being fired under the article.

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

It is worth noting that the requirement to work is not a prerequisite. In Art. 80 of the Labor Code, mentioned above, states that in case of mutual agreement, the employee can be dismissed on the day the application is submitted.

Dismissal after three days' work

The Labor Code identifies several categories of workers for whom it is enough to work 3 days, not 2 weeks. Such employees include:

1. persons who served a probationary period at the enterprise. In this case, the initiator of termination of the employment agreement can be both the employee and his employer. 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 completed the probationary period. Dismissal due to unsuccessful completion of the probationary period is permitted only if it is specified in the employment contract.
2. persons who were hired for a maximum of 2 months. This possibility is provided for in Art. 292 TK. The procedure for notifying an intention to terminate an employment relationship is no different from the previous case.
3. persons who were hired for seasonal work. This is stated in Art. 127 TK. If an employee wants to resign, he must notify his superiors of his decision 3 days in advance. If the initiator is the head of the enterprise, then the warning must be given 7 days in advance.

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

Go on vacation and then quit

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

The duration of leave with further dismissal should not be less than 2 weeks. But there is one nuance here: only the employer decides whether to provide his subordinate with leave before immediate dismissal or not. A person planning to resign must 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, taking sick leave before dismissal is fantastic. This method of terminating an employment relationship is prohibited by law, and in the event of litigation, such actions may be regarded as abuse.

But if you actually get sick and have issued a certificate of temporary incapacity for work, then during the sick leave period you can write a letter of resignation. However, such an employee will be able to resign only after completion of treatment.

The parties agreed on dismissal

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

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

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

1. the basis for severing labor relations, written in paragraph 1 of Art. 77 TK;
2. the date by which the employer is obliged to provide a written response to the proposal received.

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

Secrets of correctly filing an application for early dismissal

If a citizen knows that he has the right to dismissal without working for two weeks, he needs to correctly declare his right. This is done by means of a written application, which must contain the following information:

1. position and full name of the specialist who is authorized to accept such applications;
2. the name of your employer;
3. Full name and position of the dismissed employee;
4. the text of the application expressing the request for dismissal and the reason for early dismissal;
5. At the end, you must indicate the date of execution of the application, as well as the signature of the applicant.

For the manager of an enterprise, one application is not enough to let a specialist go without any detention. You will increase the chances of a positive decision from your superiors if you present supporting documents.

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

It is best to make 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

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

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

If you find an error, please highlight a piece of text and click Ctrl+Enter.

The Labor Code does not define such a concept as “working off”; the legislator introduces the term “employer warning”. A two-week period is needed for the manager to find a new person to fill the vacant position.

A person does not always change his job peacefully. When, for example, an employee has found another place of employment and is ready to take on new responsibilities, his current employer, not wanting to let go of a valuable personnel, “takes advantage” of the rule of law.

Is it necessary to work two weeks upon dismissal?

There is no direct indication in this regard in the code. However, in Article 80 of the Labor Code of the Russian Federation situations are indicated when the relationship ends on the day the application is written. You can not work for 2 weeks in the following situations:

• when both parties have no desire to continue the working relationship, the breakdown of the labor relationship occurs by mutual agreement. This option is suitable for sane managers and enthusiastic employees.

Art. 80 Labor Code of the Russian Federation: “By agreement between the employee and the employer, the employment contract may be terminated before the expiration of the notice period for dismissal”

• The law allows the employee continue education, providing the opportunity to resign upon entering an educational institution, completing graduate school, etc.
• At moving for permanent residence, for example, abroad or to another city, you don’t have to work for two weeks. The application must be accompanied by a copy of your passport, section “registration”.
• An illness that interferes with the performance of work duties or deteriorating health due to work in hazardous work may cause emergency dismissal. You can’t do without going to the doctor and getting the appropriate certificate.
• Care for a child under 14 years of age, for a disabled child, a sick family member or a 1st degree disabled person.

Art. 80 Labor Code of the Russian Federation: “In cases where an employee’s application for dismissal on his initiative (at his own request) 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, the employer is obliged to terminate employment contract on time, specified in the application worker."

It is important to note that the violation behind the manager must be proven and have written confirmation.

Dismissal of working pensioners without service

1. social;
2. on disability;
3. long service pension;
4. pension upon reaching retirement age.

Pensioner, first having received such status without waiting for the end of work. This right also applies to working pensioner who decided to complete his work experience, and this decision can be made more than once.

Dismissal without working for two weeks is fixed in the collective agreement of the enterprise.

Is working 14 days a week paid upon dismissal?

Yes, wage payments should not be different or reduced.

Are public holidays included in the dismissal period?

When dismissing, all days in the calendar are counted.

Art. 14 Labor Code of the Russian Federation: “If the last day of the term falls on non-working day, then the day of expiration of the term is considered to be the next one following it working day».

How to count dismissal with 2 weeks of work according to Labor Code

Clause 1 Art. 80 Labor Code of the Russian Federation: “The employee has the right terminate employment contract, having notified the employer about this in writing no later than two weeks. The specified period begins the next day after the employer receives the employee’s resignation letter.”

Thus,

• If the application was submitted on May 1, 2016, then the working period begins from next day, from the 2nd to the 16th. Thus, the employee will receive the payment on the 16th.
• Should be considered date when the employer received the application. For example, if a document was submitted by mail on April 28, but only reached the manager on the 5th, then the period will be calculated from the 6th to the 20th.
• When submitting an application in text need to write: “I ask you to fire me on the 20th,” without adding the preposition “with” before the date. So, the last working day will be the 20th.

Art. 14 Labor Code of the Russian Federation: “Terms calculated in years, months, weeks expire on the corresponding date of the last year, month or week of the term. The period calculated in calendar weeks or days also includes non-working days.”

Is sick leave considered work upon dismissal?

Life is life, an employee can get sick when he has two or one week left before leaving. He can recover and close within 6 months.

Sick leave is paid as usual, in 100% volume.

If the initiative to terminate the contract comes from the employee, the employer dismisses him on the day specified in the application. In this case, it does not matter whether the employee is sick or not.

Art. 80 Labor Code of the Russian Federation: “Before the expiration of the notice period for dismissal, the employee has the right at any time recall your statement. Dismissal in this case not produced, unless another employee is invited in writing to take his place..."

Before dismissal, you can, but there are some nuances. Firstly, enterprises have their own vacation schedule, which is drawn up at the beginning of the year. That's why reschedule vacation possible, but only by agreement new dates with guidance. You can write a statement that “due to family circumstances, I ask you to reschedule your vacation to... dates.” And so, the last day of vacation will become the last working day.

How long must a chief accountant work upon dismissal?

The chief accountant is the same employee as the others, he is subject to the provisions Art. 80 TK:

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

The employee has the right terminate employment contract, having notified the employer about this in writing no later than For two weeks, unless another period is established by this Code or other federal law. The specified period begins on the next day after the employer receives the employee’s resignation letter.

By agreement between the employee and the employer, the employment contract can be terminated and before the deadline notices of dismissal.

In cases where the employee’s application for dismissal on his initiative (at his own request) 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 labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract on time, specified in the application employee.

Before the expiration of the notice period for dismissal, the employee has the right at any time recall your statement. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract.

By expiration of the term 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 a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the validity of the employment contract continues.

The main difference is that he bears greater responsibility for company finances. How, he needs to report and transfer cases, although these provisions are not spelled out in the law.

And, most importantly, do not forget to pick up the documents.

“On the last day of work, the employer is obliged to give the employee work book, other documents related to the work, upon the written application of the employee and make final calculation».

Each case, however, is unique. It is better to consult a professional on how not to work two weeks upon dismissal in a specific case.

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

Related materials:

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 submit a letter of resignation two weeks before the actual date.

In case of dismissal without service, the date of dismissal in the application must coincide with the date the application was written.

The same article 77 states that, by agreement of the parties, the 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 quit on the same day.

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

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

What kind of cases are these? There is no article in the Labor Code that expands the concept of “other cases”. But, in accordance with other by-laws and established practice, valid reasons include:

1. to another area (clause 7.2 of the Resolution of the USSR State Committee on Labor and Social Issues dated October 25, 1983 No. 240/22-31 “On approval of the clarification “On some issues related to the application of legislation on strengthening labor discipline”).
2. Sending a husband (wife) to work abroad, to a new place of duty (Decision of the RF Armed Forces dated November 16, 2006 No. GKPI06-1188, Determination of the RF Armed Forces dated 02/08/2007 No. KAS06-550).
3. 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 departure sheet.
4. Transfer of a husband or wife to work in another area (confirmed by a certificate of transfer from the place of work).
5. Impossibility of living in the area, confirmed by a medical certificate.
6. An illness that prevents the continuation of this work, subject to an appropriate medical certificate.
7. 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).
8. in accordance with a medical report or a disabled person of group 1 (confirmed by a medical report).
9. Dismissal of disabled workers and pensioners at their own request.
10. Dismissal of 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.

A list of valid reasons for dismissal on the day the application is submitted may be enshrined in the internal labor regulations of the organization or in a collective agreement.

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

Dismissal within three days

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

1. Dismissal at the initiative of the employee or employer during the probationary period (Article 71 of the Labor Code of the Russian Federation). In this case, the initiator of dismissal must notify the other party in writing (i.e. write a letter of resignation or sign a dismissal order) three days before the date of dismissal.
2. Dismissal under a concluded employment contract for a period of 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.
3. Dismissal of seasonal workers (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 decision is made by the employer, he is obliged to notify the employee in writing against signature no later than seven calendar days in advance.

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). Upon written application of the employee, unused vacation days may be provided to him by the employer with subsequent dismissal.

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

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

In this article I will tell you how quit without two weeks of work according to the Code of the Labor Code of the Russian Federation.

The Labor Code (LC RF) in force in Russia indicates that an employee, having submitted statement about dismissal, must work for at least two weeks. However, there are ways to avoid this processing. You will learn from this article exactly what an employee should do in order to quit without working.

○ Labor Code and dismissal without service.

The work itself occurs in two cases of dismissal:

1. At your own request - 2 weeks (Article 80 of the Labor Code of the Russian Federation).
2. For staff reduction – 2 months (Article 180 of the Labor Code of the Russian Federation).

However, the second option is usually not considered work-off; in addition, everything here depends entirely on the employer - he has the right to fire the employee earlier, paying compensation for time not worked.

As a rule, the employee is interested in how to resign before the expiration of the two weeks provided for in Art. 80 Labor Code of the Russian Federation. This is possible: for example, if an employee is on a probationary period, then he must notify the employer of dismissal only three days in advance (Article 71 of the Labor Code of the Russian Federation). However, there are other options.

○ Instructions: how to quit without working for 2 weeks?

So, you want to quit, but at the same time you do not want to work the two weeks required by law (let’s say, you are already expected at another job, you are planning to go abroad, or there are other reasons to rush). What can you do here?

1. It should be remembered that the period specified in Art. 80 of the Labor Code of the Russian Federation is not a strict requirement. The same article states that with the consent of the company’s management, you have the right to resign at any time. Therefore, if you have a normal relationship with your employer, you don’t have to work for two weeks.
2. You can also propose to the employer to fire you by agreement of the parties (Article 78 of the Labor Code of the Russian Federation). With this option, all conditions for dismissal can be reduced to two words - “As agreed.” You can agree on the timing of dismissal, you can bargain for severance pay, and you can negotiate other conditions related to termination of the employment contract.
3. In some cases, the law and regulations make exceptions to the general rules and allow dismissal to be demanded on a day that is convenient for the employee. The Labor Code of the Russian Federation refers to such cases:
   • retirement;
   • admission to study;
   • gross violation of labor legislation by the management of the enterprise;
   • other cases when it is impossible to continue work.

Partially other cases are deciphered in acts, some of which were adopted back in the days of the USSR, but which are still in force. For example, such cases include:

If the employer does not consider these reasons to be valid, you have the right to file an application with the court or the Rostrudinspektsiya.

• Moving to another region or city;
• The employee's spouse is transferred to work in another region or abroad;
• Impossibility of living in this area, confirmed by the conclusion of a medical commission;
• Inability to continue working at the enterprise due to illness (also confirmed by medical documents);
• The need to care for a disabled child or other sick family member;
• Pregnancy.

I hope you find this information useful.

Dismissal of one's own free will without work, sample application

Each employee has the right to dismissal at his own request without working off if he reaches an agreement with the employer.

The employee must notify the employer of dismissal 2 weeks in advance. This period is called “working off”, although such a concept is not provided for in labor legislation.
These 2 weeks are called the notice period, during which the employee finds a new job, and the employer finds a new employee, or tries to “keep” the quitting employee.

But in Art. 80 of the Labor Code of the Russian Federation, which regulates dismissal at the initiative of an employee, provides for dismissal without working out a two-week period.
There are 2 procedures for dismissing an employee without working out the period prescribed by the Labor Code of the Russian Federation:

• establishing a different working period for the parties, not exceeding 2 weeks;
• conclusion of a severance agreement.

The employee and employer may agree to establish a different working period. For example, a week. This is not prohibited by labor legislation. The main condition is that the period cannot exceed the 2 weeks established by law.

The parties can also sign an additional agreement on dismissal without work.

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

The parties may agree that the employee resigns the day after submitting the application. It is better to document such dismissal by concluding a dismissal agreement.

This agreement must indicate:

• grounds for dismissing an employee. In this case, at your own request;
• last working day and day of dismissal. These dates may not be the same, so both must be entered. If they coincide, then this is also worth indicating;
• the amount of all payments that the employer must make:
  • wages for actual time worked;
  • compensation for unused vacation;
  • other benefits provided for by the labor or collective agreement.
• the preamble of such an agreement must be the same as in the employment contract;
• it is necessary to make a reference to the employment contract that is being terminated - indicate its number and date of conclusion.

The agreement is drawn up in two copies and signed by both parties. One copy remains with the employee, the other with the employer. On the employer’s copy, the employee must sign and write “received a copy of the agreement.”
The more detailed the agreement is, the less likely the employee is to challenge the dismissal in court. And although the law does not provide for the conclusion of such an agreement without fail, as practice shows, it is better to conclude such an agreement.
It will protect both parties to the contract from each other’s dishonesty.

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

• conscription of an employee for compulsory military service;
• beginning of studies at a higher or secondary vocational educational institution. To dismiss, you must bring a certificate of enrollment from the educational institution;
• retirement;
• violation by the employer of labor legislation.

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

• detection of an occupational disease that does not allow the employee to continue to perform his or her job functions;
• a health condition that prevents you from living in this area;
• Moving to a new place of residence;
• Business relocation of a spouse.

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We are writing a letter of resignation of our own free will.

Have you decided to quit voluntarily, but don’t want to work for two weeks? Or, on the contrary, have you already informed management about your decision, but changed your mind about quitting? Let's talk about the intricacies of terminating an employment contract at the initiative of the employee. We will also advise the employee on how to correctly write a resignation letter.

The following situation prompted me to write this article: recently, one boss forced her employee to write a letter of resignation of her own free will. Moreover, in this situation it was not necessary to work for two weeks. Under threat of dismissal under the article, this employee wrote the required paper, but, on reflection, decided not to give up so easily. Before recalling him, she decided to carefully study the theory and figure out how to write a letter of resignation and how to fight for her rights, if in fact there was no such desire. So, let's start in order.

Work for two weeks

An employee who decides to terminate an employment contract must notify the employer about this no later than two weeks in advance (Part 3, Article 80 of the Labor Code of the Russian Federation). This period begins from the day following the day when the employer received the relevant application from the employee. The basic formula is “Please fire me of your own free will.” Below is the resignation form:

An example of a resignation letter can be downloaded and used by adding your data.

When asked whether it is necessary to comply with the warning period or not, the Labor Code of the Russian Federation answers:

That is, to reduce the warning period, an agreement between the parties is required. There are situations when such consent is not required and the employee has the right to terminate the employment relationship within the period specified in his application:

• enrollment in an educational institution;
• retirement;
• changing of the living place;
• caring for a disabled person of the 1st group;
• violations of labor laws by the employer.

In all these situations, the employer is obliged to terminate the employment contract within the period specified by the employee.

In order to simplify paperwork, you can prepare a sample resignation letter for employees or create a folder on the corporate server containing a set of samples of personnel documentation, including a sample of how to write a resignation letter of your own free will.

Related materials

How to properly arrange vacation followed by dismissal

An employee has the right (it is not a fact that this right will be exercised by the employer) to go on paid leave before resigning. Article 127 of the Labor Code of the Russian Federation states that an employer can provide leave at the request of an employee before his departure. The legislation does not clearly regulate this issue, so an employee can write either one or two applications (meaning for dismissal and for the upcoming vacation). There are no clear recommendations in this case; be guided by the document flow procedure adopted in your organization. The text might sound like this:

I ask you to provide me with annual paid leave followed by dismissal.

Regardless of the number of applications, the day of termination of the contract, if the employer nevertheless decides to comply with this request for leave, will be considered the last day of paid rest. If the employer does not want to let the employee go on vacation, he will be obliged to pay monetary compensation for all unused vacation days.

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Calculation upon dismissal: how much and when to pay

The company is obliged to pay all compensation, vacation pay and wages to the employee on the last day of his work. If on the day of termination of the contract the employer has not made a full payment, he is obliged to compensate the leaving employee for his error in the amount of not less than 1/150 of the current Central Bank key rate of the amounts not paid on time for each day of delay, starting from the next day after the due date payments up to and including the day of actual payment and issuance of the completed work book.

If, before terminating the contract, the employee first goes on vacation, then the calculation and issuance of all documents must be made before the vacation. If for some reason they do not give you your work book, this is a serious violation of the law. According to Article 234 of the Labor Code of the Russian Federation, in the event of a delay in issuing a work book on the day of dismissal due to the fault of the employer, he must compensate the employee for material damage in the form of lost earnings for the entire delay, if the absence of a work book prevented the employee from getting a new job. Moreover, the day of termination of the contract in this case will be considered not the day indicated in the application, labor or order, but the day of the actual issuance of the work book (clause 35 of the Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books” ).

As the Labor Code states in this case, voluntary dismissal on a new date is formalized by order, and an entry is also made in the work book. A previously made entry about the day of dismissal is considered invalid. In order to carry out all these actions, you need to contact your former employer with a written application to issue you a delayed work book, compensation for lost earnings and to change the dismissal entry in the work book on the date of its actual issue.

If the employer refuses to voluntarily comply with your demands, you need to go to court. But remember that this can only be done within a month from the day you were fired (Article 392 of the Labor Code of the Russian Federation). If a month has already passed, then it is better that there are good reasons for the delay. And although the court does not have the right to refuse to accept a claim on the grounds of missing the deadline, but if the defendant, that is, the employer, declares this, the court can lose (unless the court decides to restore the limitation period). So keep an eye on the time or stock up on good reasons.

The employer's responsibility for storing the work record book of a former employee at work is excluded if two conditions are met:

1. The employee did not show up for her on the day of dismissal.
2. The employer sent the employee a notice of the need to appear for a work book or agree to have it sent by mail.

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The procedure for dismissal at will

Within two weeks of “working out”, the employee’s decision to leave of his own free will can be annulled. After all, he has the right to withdraw his application (Article 80 of the Labor Code of the Russian Federation). If the employee goes on vacation before this, he can revoke the document before the day the vacation begins. And if another employee has not yet been invited to this place, who, in accordance with the law, cannot be denied a contract, nothing can prevent the employee from returning.

The Labor Code of the Russian Federation stipulates that another employee must be invited in writing. That is, the employer’s unfounded statement “And I already hired another, because you were fired of your own free will” will not work here. There must be written proof.

In order to withdraw the first application, you need to write a second one. If your employer refuses you, ask him for a written refusal indicating the reasons.

If you were forced to write “of your own free will” and are not going to negotiate, in this case the next stage is filing a claim in court. If you are not the only one in the organization with a forced departure “on your own,” invite all the “offended” as witnesses. Now courts in such disputes between employees and employers most often take the side of the former. And if the trial is won, the loser will be obliged to reinstate you at work and pay your salary for the entire time while this issue was being resolved.

We continue to work

But let’s say two weeks have passed, you decided to cancel your dismissal from work, and your bosses are in no hurry to pay and return the documents. The Labor Code of the Russian Federation provides that if after two weeks the employment contract is not terminated and the employee does not insist, then the statement “at his own request” loses legal force and the employee is not considered dismissed.

End of story

How did the story with which we began the article end? As expected, the employee was not allowed to withdraw the application, and no evidence was provided of the invitation of another employee. Knowing how events would develop, she recorded the entire conversation with her boss on a dictaphone, where a phrase appeared that proved that the paper “of her own free will” was written under pressure. Now this employee is filing a lawsuit and has already found witnesses who were also forced under pressure to leave this organization of their own free will. With such evidence, she has every chance of winning this case.

We hope the article answered the question of how to correctly write a resignation letter. A voluntary resignation letter template will help you avoid mistakes in drawing up this important document.

Dismissal “without working for two weeks”: is it possible or not?

The reasons for termination of cooperation may be different: a transition to a better paid organization or an unwillingness to work under the proposed conditions. Many people are interested: is it possible to quit “without working for two weeks”? The answer to this question depends on the situation.

Legal side

The wording “working for two weeks” is incorrect. According to Art. 80 of the Labor Code of the Russian Federation, it is necessary to notify the director of the termination of cooperation. We are talking about a notice period, not additional responsibilities. Since the name is common, we will continue to conventionally call this period “working off”.

According to the general rules, dismissal “without working for two weeks” is impossible: first, a written application is provided indicating the basis and reference to the legal acts, then the management has 14 days to complete the calculations and search for a candidate (calculation starts from the next day). But in practice you can bypass this formality.

How to leave “without working 2 weeks”: possible options

If an employee intends to leave the organization as soon as possible, he must comply with management requirements. There are several ways to safely solve the problem:

1. Agree with the director of the enterprise.
2. Indicate in the application the reason for dismissal “without work”, provided for by the Labor Code of the Russian Federation.
3. Apply for leave with termination of cooperation in the future.
4. Have documentary evidence of violations of rights by management.
5. Apply for sick leave with further dismissal (supporting documents will be required).

Is it possible to be fired “without service” by mutual agreement?

This method is considered the simplest and most convenient for all interested parties. When good relations have been established with management or there is no need for a delay, by mutual agreement you can dismiss “without work” even on the day of filing the application.

Remember: if the employer agreed to part with a subordinate prematurely, the grounds for dismissal remain. That is, the wording “at the initiative of the employee” does not turn into “by agreement of the parties.”

For what reasons can you quit without working?

Individuals who have signed a contract for two months or are undergoing a probationary period have the right to inform their superiors of their intentions three days in advance. The Labor Code of the Russian Federation regulates valid reasons for which immediate termination of cooperation is possible. They are undeniable; management’s opinion is not taken into account. Under what conditions can you quit your job “without working for two weeks”:

1. Full-time enrollment in an institute, college or university.
2. A student employee switches to full-time education (from evening or part-time).
3. The employee's spouse applies for employment outside the Russian Federation (by transfer from the organization).

Who else has the right to quit “without working for two weeks”

An individual may leave the workplace without observing the notice period in three cases:

• raising a child with disabilities;
• is a conscript into the army;
• plans to move to another area.

Dismissal “without service” by agreement of the parties

The initiator can be a boss or an employee. It is worth noting that the grounds for dismissal are not related to the agreement on the immediate termination of cooperation under clause 3 of Art. 77 Labor Code of the Russian Federation.

The legislation does not contain information on whether it is possible to quit “without working 2 weeks” by agreement of the parties. Since termination is possible at any time (Article 77 of the Labor Code of the Russian Federation), with the consent of the employer and employee it is possible to terminate the relationship on the day the application is submitted. There is no need to prepare a separate written document.

Can a pensioner resign “without service”?

Some people continue to work after retirement. They are subject to requirements similar to ordinary employees (working conditions, payment procedures, etc.). But there are still some privileges:

1. According to part two of Art. 80 of the Labor Code, dismissal of a pensioner “without service” is allowed.
2. Such citizens are considered valuable personnel due to their wealth of experience and knowledge, so in the event of layoffs they have a greater chance of staying.

In practice, dismissal of a pensioner at his own request “without service” usually occurs on the date indicated in the application. The Labor Code does not establish time limits, but the director of the company cannot detain such workers (many court decisions confirm this).

How to resign as a pensioner “without working off”

The government often considers increasing the retirement age, since many continue to work. The company is also not interested in the loss of able-bodied people with valuable experience and knowledge. Dismissal of a pensioner at his own request “without service” is possible if two conditions are met:

• a well-written application;
• availability of supporting documents.

The formality applies to situations where a person has worked at an enterprise for a certain time and has reached retirement age. But the question arises, what to do if work activity continued after retirement? How can a working pensioner resign “without working hours”?

The legislation does not provide specific answers, so in practice controversial situations arise. Bailiffs often defend the position of workers. To avoid conflicts, we recommend that management grant the request and formalize the dismissal of the pensioner “without service.”

How to resign of your own free will “without working off”

For example, a conflict arose between the parties. The employee filed an application to terminate the employment relationship on the basis of clause 3 of Art. 77 of the Labor Code of the Russian Federation and left the enterprise. In this case, the director has the right to formalize dismissal for absenteeism. The employee should know that neglect of deadlines is possible only if the rules for dismissal at his own request “without working off” are observed.

A two-week period is given not only for the director, but also for the worker to think carefully about the decision. You can withdraw your application at any time and continue your activities under the same conditions. But if you want to leave the organization immediately, the employee must:

1. Indicate in the application at your own request a request to be dismissed “without service.”
2. Inform why it is not possible to work the allotted time.

How to write a letter of resignation “without working for two weeks”

Any employee of the enterprise has the right to draw up the document in question. A standard A4 sheet is suitable for this. If the design is done manually, the main requirement for handwriting is legibility and accuracy. Corrections are not allowed. A sample application for dismissal “without service” in printed form is presented in the figure:

• header – details of the enterprise and personal data of interested parties are noted;
• center of the page - “Statement” is written;
• the main part is a request and a link to the legal acts;
• conclusion – date of preparation and signature.

The employee is recommended to note the reasons for dismissal at his own request “without working off”, which are given in Art. 80 Labor Code of the Russian Federation. They give the right to leave the workplace immediately (discussed in subheadings 4 and 5 of our consultation). At the same time, different interpretations of situations not regulated by the law will be prevented.

What should a person do if I want to quit, but my boss forces me to work for two weeks?

Is it possible for me to resign without working off or do I have to work through it and how should I be paid by what time after my dismissal?

In law:
Article 80. Termination of an employment contract at the initiative of the employee (at his own request)

The employee has the right to terminate the employment contract by notifying the employer in writing two weeks in advance.

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

In cases where an employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of laws and other regulations containing norms of labor law, conditions of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

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

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

An application for resignation at one's own request can be submitted not only during work, but also during a period of temporary incapacity for work, while on vacation, or on a business trip, since the purpose of such an application is not only to terminate the employment contract in a timely manner, but also to notify the employer about the dismissal, so that he there was an opportunity to select a new employee in advance.
If the resignation was submitted during work, and then the employee fell ill, then he has the right to terminate the employment contract during the period of temporary disability if the 2-week warning period has expired. Time of illness does not suspend the 2-week warning period.
In addition, the warning period can be reduced by agreement of the parties to the employment contract, as well as at the request of the employee, when this statement is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of laws and other regulatory legal acts containing labor law norms, the terms of a collective agreement, agreement or employment contract.
If the above reasons exist, the employer is obliged to terminate the employment contract within the period specified in the application. If the notice period is reduced by agreement of the parties, the employee is dismissed from the date of reaching an agreement with the employer.
Thus, in the end we have the following: if there is unused vacation, we go on vacation and write (while already on vacation) a letter of resignation; if the vacation has already been used, then 1). you can take a vacation at your own expense or 2). write a letter of resignation of your own free will and go on sick leave for 2 weeks.

Despite all of the above, I still advise you to part ways with your former employer amicably. since, if desired, the employer will still find ways to “spoil the blood” of the former employee.

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