Should I work 2 weeks dismissal. What is a "part of the parties". Last day of working out and calculation with an employee

In the case of dismissal, it is not always possible to modify the last two weeks before dismissal. Dismissal without testing is allowed in cases defined by law, as well as with an arrangement with the employer. Dismissal may occur on the same day when the application was filed own willing, as well as dismissal within three days by law. Consider cases when you can quit work, bypassing two-week workoutWhat cases the legislation considers how respectful.

Provisions of labor legislation of 2019 on dismissal without work

In accordance with the law, an employee who wants to quit, what does the statement writes, should work out the notorious two weeks. This time is not paid, because the employer needs to carry out all the calculations with the employee, find it to replace it. But, there are cases when an employee is not obliged to work out. This is a situation where the company is liquidated, or when an employee is dismissed to reduce. In this case, there is an order of dismissal. The employer must warn an employee for 2 months about the upcoming reduction.

Dismissal occurs the same date as indicated in the statement about the care, in such cases:

1. when a retirement officer is fired;
2. if the employee was enrolled in educational institution;
3. if the employee moves to another place of residence, to another locality;
4. if the spouse or spouse employee move to work abroad, or another place for service;
5. if the employer violated the conditions of employment contract or current legislation.

Labor legislation does not give an exhaustive list of valid reasons why you can not work out. It all depends on the situation that has developed in the enterprise, and the interest of the employer to lose a valuable employee.

Dismissal application

There is a misconception that it is possible to quit without work, if due to the care to point out that the worker is dismissed due to the need to care for the child (up to 3 or up to 14 years). However, there is no direct reference to respect for such a reason. Therefore, it is not necessary to rely on that the employer is simply obliged to meet a fellow worker, and dismiss the same day. But, with the employer you can agree. Most often, such employees do not work.

If the employee is dismissed, who is time to retire, the company must make the dismissal of the same date that the employee said. This is the requirement of the law, and not the wishes of the employee (according to Article 80 of the Labor Code of the Russian Federation). Therefore, it is prohibited from a pensioner to require work.

In case of enrollment in educational institutionThe worker has the right to demand dismissal from the employer without working out.

In the application you need to write a reason for which the development is impossible. As a proof of enrollment in an educational institution, the employer may require the appropriate certificate.

If the employee believes that the employer violated the law or terms of the contract, first he needs to file a complaint in the established form to the body or to court. And already when establishing the fact of the violation, which will be confirmed by the appropriate document, you can already ask for dismissal without working out. It is not necessary to immediately go to work, after submitting an application for care, unless the employee has become aware of the violation by the employer of the law or the employment contract. The nebid to work on the period of the last two-week testing may be regarded as a row, with the corresponding consequences. An employee who does not go to work without a good reason, dismissed under the article, for the rushing.

Terms of testing when dismissing under the TK RF

The employee is laid out for two weeks if he is common order Submits a statement about your care. In some cases, the TK RF sets a three-day period:

1. if the employee passes the trial period of the enterprise;
2. if the term of employment contract with an employee is concluded for a period up to two months;
3. if the employee performs seasonal work.

When passing a trial period, an employee may change their lives to work on this enterprise, what to warn the employer for three days (in accordance with Art. 71 of the TC).

A temporary officer who got a job for a period of two months, on the basis of Art. 292 TC, has the right to quit until the end of the contract. But you need to warn the employer not in two weeks, but for three days. The same applies to the employee who is engaged in seasonal work.

When testing, it is important to understand that the testing conditions must be made to labor contract. If this data is not made, the employee is considered to be accepted immediately, without a trial period. Without a two-week work on the TK RF, it is possible to quit if the test term is already installed, and the employee worked at the enterprise less than these 3 months. But notify about leaving you follow three days.

If you decide to change your job, it is important to seriously consider compliance with all formalities and management requirements. One of them is a mandatory two-week working, and often arise about its legality. How legitimate is the requirements of the employer and is it possible to avoid this duty?

You can try to negotiate with the boss

The wording "Operation of two weeks" itself is not entirely accurate. In the Labor Code, it is not at all about mandatory work on the fact that you are obliged to warn your boss at least than two weeks before the day of dismissal if you leave on your own request. This rule does not concern the violation of the employer's employment contract. If you do not know how to quit without work out 2 weeks, you do not need to immediately look for violations to implement it. There are other reasons to leave without work, in the end, you can agree with the boss.

All of the above means that if you have applied for dismissal, and then went to the hospital, for example, which lasted at least two weeks, after that it is no longer necessary to work out. Your case is to put the boss in fame in two weeks, and you actually worked at this time or not, no matter.

Cases of violation by the head of the Labor Agreement are difficult, because the fact of violation itself must be proved, and it will take time. First of all, you need to submit a complaint to the competent authorities. These may be trade unions, labor dispute commissions, court. After that, the check begins. Whether an authorized instance recognizes violation or not, it is difficult to say in advance. Failure or wage delay is not the reason specified in the TC, therefore, in this case, the outcome is also ambiguous. If the court still fixes the violation, and the boss refused to dismiss you in the last day, he pays fine. Not always time is once two weeks. There are cases in which you can prevent three days before direct dismissal:

• If the probation period is not over yet
• If your work is seasonal
• If you are working on an employment contract for a period of at least two months
• For a month, sports coaches and employees occupying guidelines are obliged for their care.

Do I have the right not to work out?

There are cases when the employee may not work out, but they are quite conditional. About retirement or crossing, for example, they often find out in advance, which means for some time before care you can warn the boss, so that he can take action and find a replacement, and also prepared documents and calculation. Official reasons for dismissal without two weeks, are:

1. Retirement. Leed a pensioner in laid period Or works on pensions and suddenly decides to leave, he has the right not to work out.
2. Moving to another city or country on permanent place Residence
3. Moving due to the translation of the spouse / spouse to new workplace in another city, country
4. Violation by the employer of the conditions of employment contract
5. Enrollment

If the head violated the terms of the contract, it is not necessary to leave immediately before establishing the fact of the violation. No appearance to work on a time of two weeks, it will be expected to be regarded as a walk, which means that they can no longer be dismissed, but according to the article. There are other reasons that can be recognized as respectful. But since they are not specified in the Labor Code of the Russian Federation, the decision will depend on the employer and authorized bodies. What other people can be?

• If you get sick and the disease prevents you from continuing to work
• If you have been chosen for a position that is replaced by a competition
• If you were called for military service
• If you are up to 14 years or a disabled child up to 18 years
• If other family members need care
• If you are pregnant and wish to quit
• If the enterprise you work is eliminated.
• If you are fired due to reduction

Is it possible to go on vacation before dismissal?

Perhaps, the best decisionTo avoid working out. You have the right to go to paid leave, if you have not done this yet. But vacation should last at least two weeks. Standard vacation numbers 28 days, teachers - 42-56 days. So, you first write a statement on the name of the head, in which you indicate that after the holiday your dismissal follows. But since it is necessary to apply for vacation for a month, it will turn out that you still warned the boss in advance and even earlier than in two weeks. The benefit is that the day of dismissal is considered the last day of vacation, plus you get holidays. During this time, you can find a new job.

If you do not want to go on vacation, but it is laid for you, because this year you have not yet rested, you have the right to get compensation. Even if the employee is a minor or is a pregnant woman (they can not be compensated and refused to leave a vacation), in case of dismissal, compensation is possible.

If you did not take a vacation two years in a row, then you can get monetary compensation For two vacation or one vacation take, and for the second to get compensation. "To fly" at once, two paid leave cannot be.

If during a legitimate rest you get sick and get a sick leave, vacation can be extended or transferred to such a number of days you spent on the hospital. You can take and unpaid leave, but in this case you need a valid reason. Without good base, the boss may not let you go. Take such a vacation have the right to:

• Veterans of the Great
• Pensioners continuing labor
• Disabled
• Parents and spouses of military personnel or died during military service
• If the vacation is needed in connection with the birth of a child, death close man, or wedding.

What if you change my mind to dismiss?

Until the end of working out, you have the right to change your mind and withdraw your departure application. However, if you leave on vacation, it is better to do it before you leave to rest. The case will be complicated if another employee has already been invited to your position, who also has the right to this workplace. But in such a situation it makes sense to demand written confirmation of the agreement with the new employee. The phrase "And I have already taken another to your place" does not have legal force.

It happens that the employer for some reasons refuses to present written evidence to work on the work of a new employee to your position. In this case, ask him to make a failure in writing with detailed description reasons. It is no secret that sometimes an employee is forced to write a statement about the care of their own request, motivating this by what everything is done for the sake of his good, but after all, other reasons will be dismissed, but already under the article. The employee agrees, writes a statement, and then everything thoroughly thinks and decides to pick it up. If you do not give it to do, you should contact the court.

Now the court is increasingly falling on the side of the employee. After that (if victory in court was won), they will be restored in obligatory And pay salary for all the time that the proceedings were carried out. But if two weeks have already passed, you no longer want to leave work, and the head has already changed his mind and is not in a hurry to expect you and give labor book, that is, in fact, the employment contract was not officially terminated, the declaration of dismissal is considered invalid, and the employee can continue to work.

Documents and calculation

How to go on vacation

On the last working day of the employee, the head is obliged to calculate it, that is, to give salary, vacation or compensation, if any. If this did not happen and the boss delays payments, it means that all the days of the delay, he must pay an amount equal to the average daily salary of the employee. The last work day is considered the last day of vacation taken after writing a statement about care. Therefore, under such circumstances, all calculations are held on the last day of vacation.

Failure to return the labor book after the expiration after writing a statement is a serious violation. If this happened, the material damage for each day of holding a book is also reimbursed, as its absence does not allow you to get a new job. The work date of dismissal is put by the number when the book was issued to the hands of an employee. To do this, write an application in the name former chief The fact that you received a book, you paid compensation and changed the date of dismissal.

If the employer still did not return the work, boldly go to court. However, it must be remembered that to appeal to the court from the date of dismissal, no more than a month should pass. If more than a month passed, it means that you need to have good reasons for such a long non-trial into court, it is better to documented. The chances of your boss win the court increase after the month.

However, the employer is not considered responsible for the holding of the employee's book, if the employee himself did not come for her on the day of dismissal or if the employee ignored the notification to appear behind the book or give permission to send by mail.

How to quit it from work, tells the video. Footage:

How much to work out when dismissal at your own accord - the question of which is the most officially employed and receiving "white" salary of people. The answer to it is quite ruling. The Labor Code requires that in most cases (there are a number of exceptions) Its period is 14 calendar (not workers!) days. There are a number of exceptions that will be described below, but for most people, the term is as follows.

It is no secret that dismissal with the development of 2 weeks does not suit many. Someone for personal reasons can no longer be at work, someone must urgently move, take a vacant place in another enterprise, until he has given to another candidate, finally, there are things like an army or admission to full-time education in the university, which also do not imply delays at work.

Does it be necessary to work out these 2 weeks? In fact, not always. We will understand, in what cases it is possible not to work out this period, without being dismissed under the article, i.e. because of the guilty actions. One of these actions is also driving.

What is important to know

Working out of dismissal at your own desire is a well-known "duty" of most employees. But is it necessary to work 2 weeks when dismissal?

The keyword here is to work out. And in fact, the employee has no such duty. Labor Code It insists only that the employee must notify the employer about his desire to leave the company. This period is introduced specifically so that the company's management has time to find a new employee to this position, or invent what way to motivate the old stay (offer an increase in the salary, an increase, etc.).

For the most dismissed time, "to think" is not to become a victim of a pental decision, taken in minutes of wrath or despair. The percentage of cases when for 14 days a man cooled and no longer wanted to leave this place and position, quite high.

Therefore, the question is how many days you need to work when dismissal, has not such a unambiguous answer, as it seems. In the Labor Code of the Russian Federation that a person at this time should be at his workplace, nothing is said. But at the same time, he retains his right to unused vacation, which can try to implement.

He can also get sick and respectively go to the paid sick. In this case, it is possible not to work out 2 weeks in fact. The main requirement of the TC is observed - the employer about your intention to leave the company informed.

Please note: the date of reference is considered not the day when you showed a statement to the employer, and next.

Under the expression "informing the employer" means only the official adoption of a statement in the personnel department, in the general department or similar body of a particular organization. In this case, an incoming number must be affixed, and the document was carried out through the official order. In fact, to have the resolution of the direct supervisor "Do not object" on paper is not a legal requirement, This condition simplifies only the internal document flow of the company.

So, will we deal with whether to work out 2 weeks when dismissing in 2018, and how to avoid working out?

Vacation and hospital

Dismissal without working with the smallest number of nerves spent can be organized, sending an application for dismissal by mail to the legal address of his employer by registered mail With notification. In this case, the date of reception it is in the office, cursed in the mail notification returned to you, and will serve the day after which 14 days begins. According to the rules of document management, the employer has no right to be accepted by mail the statement.

All people have the right to dismissal at their own request during the holidays. The main thing is that the vacation period, starting from the date of sending the letter, blocked 2 weeks. The same applies to the hospital, during which a person also has the right not to work out due time.

After accepting an application to dismiss a person who is on vacation or on a hospital, under the article, the employer will no longer be able, even on the controversial offense, since. legal order The employee who was missing at work physically could not make any offense.

But is it possible to dismiss on your own accord without work out, not being on vacation or sitting at home by the disease?

Yes, possibly. But at the oral agreement with the employer, Since let's release a person ahead of time - its prerogative. You can also apply for the next (on schedule) or outside regular vacationBy adding it a standard statement for dismissal dismissal. If you have a schedule vacation, you will have to satisfy this legal requirement, but it may not give extraordinary leave - this question is in the competence of the employer.

On legal grounds

The Labor Code (Articles No. 80-81) indicates the grounds for which any employee has the right to quit on his own desire without working out. It:

• Achieving retirement age and retirement.
• Admission to the Higher Educational Institution on the Daytime Formation, Currently, to undergraduate or magistrate, earlier - to the specialty.
• Adoption by the management of the enterprise ( cEO, his closures and / or chief book) of an unqualified decision, due to which the enterprise suffered losses, or had the fact of the unlawful use of material assets.
• Single ground violation From the employer of the Terms of Labor Contract.
• Others not specifically actually cases.

Please note: to work out 2 weeks when dismissal at the initiative of the employer is not necessary. In this case, you are most likely to calculate this or tomorrow, but the employer does not have the right to this without good reason.

Such reasons may be the reduction of state or liquidation of the enterprise, committing a serious employee disciplinary offense (absenteeism) or a frank crime (for example, theft), the discrepancy of the post, loss of confidence, etc. All these situations are stored in Art. No. 81 of the Labor Code of the Russian Federation.

Attention should be paid to the third and fourth items. They suggest that the worker has the right to go at any time, if the direct and direct bosses rudely violates the terms of the employment agreement - for example, it will not provide a working tool and place, will force to work in dangerous conditions without insurance, to force the actions that the employee under the contract is not obliged and / or has no right to do. Then he may require the calculation at any time. But, unfortunately, it is difficult to achieve this in practice, since the employer usually insists on working out.

To solve the issue, you can contact the court or labor inspection, but the proceedings can go much longer than 2 weeks - up to several months.

To appeal to punishment instances, it is necessary to have evidence committed by the authorities.

A sample application for dismissal dismissal can be taken in the personnel department of its company. It does not differ from the standard application.

What is "other cases"?

What to understand under "other cases"? How to prove that such a case took place? Do you need to work out for two weeks when dismissal, for example, in order to move to another city?

"Other cases" are objective factors that do not allow a person to continue to work in this place. Among them:

• conscription;
• a disease that does not allow to carry out labor duties;
• election to a competitive position;
• child care under 14 years;
• care for lying on a dependency of the 3rd and more juvenile children
• child care disabled;
• care is seriously sick family member (anyone);
• moving to another terrain of the employee itself or his spouse (s);
• pregnancy (for women).

Is it possible to quit without work?

The man, organized officially at work, has a definite entry in his workbook, but the moment comes when he understands that he needs to move on and he decides to leave the current place of work. But how to quit without working out two weeks?

Of course, each person knows that it is impossible to take and just for one to quit work, and it is necessary to work in the next two weeks, as this is provided for by the Labor Code of the Russian Federation. Or still there existing methods Do not work out? Yes, such methods exist. And, as a rule, they do not require the use of various tricks and do not force a person to deceive the letter of the law.

The employee is dismissed, what are his rights and obligations

The right will be fired from work every employee. But he must work out for two weeks, and this is his main duty to the state. It should be understood that the application for dismissal proceeds to execute next day How it was signed.

Operation for three days

These people belong to:

1. Workers who are on the probationary period.
2. Employees who have entered into a contract wearing a temporary or seasonal action.

What ways will help get away from the work in 2019

First of all, the person must directly contact his employer and talk to him about the early arrangement of all obligations with you. You should not be afraid to go for such a step, because it is quite possible, the boss will be an understanding person and will enter the situation. By law, the employer has the opportunity to remove from office own employee, without appointing it to work through two weeks. The TK RF includes Article 77, which gives the right to both parties agree on the termination of the working contract. Solving the situation in this way is quite acceptable, especially if a person works in small companies And he has no unfinished affairs. An employee can simply explain to his employer that for certain reasons, he needs to part with him as soon as possible, and it is quite possible that the development does not need. If this happens, the employer will sign an application for personal desire, and then a person can say goodbye to his colleagues and the next morning he will not have to rush to the office.

ATTENTION!!! But what to do if the employer turned out to be principled person And did not show an understanding, demanding to work out legitimate two weeks. In this case, a person can resort to use, so to speak, special reasons. But so that they will need to make a statement with a detailed explanation of the current situation, which does not allow for a person to work for two weeks and to the same place to reinforce such a statement with evidence and confirmation. If the employer does not yet want to let go of his employee earlier, then you will have to go to court.

Unusual circumstances allowing you to instantly quit

Instantly leave the place of work have the right to employees who learn. In order to take advantage of the possibility of early release from working responsibilities, you must have a document on your hands, which will confirm the fact of admission to an educational institution. You can take it at the Institute. Also, the right not to work out is given to people who entered the retirement age or pensioner, or disabled.

Weight argument in the dispute with the employer about early termination of work may be the situation in which the head violates certain prescriptions of the Labor Code and legal acts. Based on them, the employer has no right to exceed the authority and is obliged to dismiss the employee at that time that is convenient for him.

IMPORTANT!!! The man who decided to quit without work can begin to focus on the fact that his employer did not pay him a salary on time, delayed holidays, did not take care of proper design workplace.

To study the listed moments in detail, allowing, so to speak, to "push" on their employer, a person is worth reading an article 80 of the Labor Code of the Russian Federation, which will help him understand all the nuances. Also, in this article describes other situations in which a person may require instant dismissal.

Learn about the special reasons for dismissal you can focus on legal acts and practice that establishes the following special dismissal options without working:

1. Family circumstances. In the letter of the law, there are cases in which you can leave the place of work without working, but so that this happens must be documented.
2. Change of residence. If the husband / wife goes on a business trip for a long time, and entails a husband / wife, then the reason "in connection with the move" is ideally suited for speedy dismissal. Again, the fact of the business trip will have to confirm.
3. Health status. Of course, the law believes that health problems are one of the good reasons that may entail an instant dismissal. Therefore, if the employee is not able to do its work due to any disease or in connection with the hospital, and he has a certificate confirming this, the employer must abolish it for a period of 14 days. It is worth noting that when staying on hospital sheet, Will quenched by his wishes, maybe the worker himself, but the employer on his personal initiative to make such actions has no right.
4. Children. Parents who are recognized as large families may apply for instant dismissal, that is, there are more than three or more children for dependency, which are not 16 years old. Children who have not achieved adulthood and students in secondary institutions is also a weighty argument. You can quit the reason for "child care for up to 14 years."
5. Standing care for family member. If a person has a disabled child or he cares for another sick with his relative, who is recognized as a disabled person of the first group, and can confirm this by certain documents, then it is not obliged to work out.

Vacation as an alternative to work

Finish work and not work, maybe a person who has not used his vacation days. By sending a statement to his boss, in which such a vacation will be agreed and having received consent, then the last holiday date and will be considered a day when a person was fired.

Court as a solution to all problems

What to do a person if he, having studied the Labor Code Russian Federation Found in it an option that allows him to leave the place of labor without working out the prescribed two weeks, but the employer does not meet him in any way? Of course, it is best to file a lawsuit in court. But it is worth understanding that the court proceedings last for quite a long time. And it is best to resort to this method in extreme cases and try to seek a peaceful solution to a problem with your employer. And if he still insists on worrying, it is better to work out, because it is much faster than waiting for ruling from the judicial representative.

How to fill out a statement about care without working

The form of a declaration of dismissal from work-free. But it must contain as much information as possible.

Sample of such a document:

1. Cap. It is necessary to write it in the upper right corner of the sheet. As a rule, it is necessary to specify who writes the application and to whom it is addressed. Example: "Director of OJSC" Good luck "Andreev. A. And from Economist Safarov V.S.
2. Name. Here everything is clear, in the middle of the sheet, slightly retreating, from the written cap written the word "statement".
3. Main part. After the name, the text itself begins. Here it is necessary to say that our Safarov V.S. asks to remove it from the working staff of the company, without working out two weeks, and it is desirable to consolidate any suitable case with a reference to the Labor Code of the Russian Federation. Example: "I am Safarov V.S, I ask me to dismiss me on a personal initiative without work out within two weeks from 01.10.2019 in connection with new work My wife, because of which we need to move to another city. "
4. Conclusion. As soon as the text of the application was written, it is necessary to put the date, that is, the day in which it was written, and do not forget to leave your signature.

Is it necessary to work in two weeks when working on IP

An individual employer is obliged to adhere to his employees of the prescriptions, which are indicated in the TK RF. That is, speaking easier, an IP employee has the same legitimate rights as the employee who is working at the state-owned enterprise. As everywhere, there is a workforce between the individual employer and the employee. But, in such an agreement, the IP may make its special reasons for dismissal. Such right gives it an article 307 of the Labor Code of the Russian Federation. And if, an employee signs a document, then when dismissing, he is obliged to fulfill everything, as he put his signature.

Any dismissal implies two-week workout. it standard rule Works for all sides of labor relations. Nevertheless, do not everyone know what kind of wording is and why it is necessary to adhere to this rule. And who can quit without work out 2 weeks?

Why need prospecting

It is clear that when dismissal, the chiefs make their employees work out several weeks. What does the legislation say about this? Opening the Labor Code, it immediately becomes clear that this formulation is quite blurred. The main responsibility of any employee is to prevent his employer about dismissal in advance. This is primarily necessary for the fact that he can find a replacement.

But these two weeks will still have to work, with the exception of some cases. For example, you can go to the hospital or in the next vacation just for this period.. In addition, there are other situations when the employee can quit, not warning about this chief in advance.

In what cases do not need to work

In what cases can be broken down without working? First of all the period does not work out employees who are going to retire. The fact is that the coming retirement is always recognized in advance, therefore the employer is informed about it. But if the employee decides to retire suddenly, according to the law, he still does not work out 2 weeks.

Legal grounds for this are also:

• moving faces to another locality, including another country;
• departure with her husband / wife because of their transfer;
• if the chief violated one or more conditions of the employment agreement;
• admission to study.

There are also reasons for dismissal without working out, which are considered by the employer as respectful. They are:

• a disease that cannot allow a person to fulfill his labor functions;
• if the position with which the employee is dismissed, he held a competition;
• military service passing;
• on the dependency is a child under 14 years old or a disabled to 18 years;
• the need to quit the rest of the rest of his family;
• pregnancy;
• liquidation of the enterprise;
• staff reduction.

Dismissal

How can I quit without working out 2 weeks? Most often, this is happening at his own request of the employee. At the same time, warning direct chief For two weeks, he can not calmly work out due time.

This rule works if the cause is, for example, a serious violation by the head of the norms of modern labor legislation or pregnancy. That is, a serious reason is needed, due to which the head can not refuse.

How to quit without working out two weeks for three days? In labor legislation, there are norms according to which the employee may terminate the current labor agreement. Additional workout in 2 weeks is not required when care from the post of employee is advantageous to both parties. The law gives three days to terminate the contract.

As for the grounds for such rapid dismissal, they are considered to be:

• probation;
• dismissal with urgent labor agreementconcluded for a period of no more than 2 months;
• dismissal workers who are busy in seasonal work.

In these cases, the employee gets rid of the need to work for another 2 weeks. In addition an employee can take advantage of the unused holidays as a working out. It is important to understand that this is not the responsibility of the employer, rather his good will. He can insist on working and worker will have to be submitted.

Vacation

It is very the best way get rid of work out for those who cannot avoid this duty by valid reason. Naturally, the employee must remain unused days Vacation, otherwise nothing will work. According to the law, they should be at least 14 days. This moment must be specified in a statement with the wording that after the holiday, the employee will be considered dismissed.

But in this case it will still have to warn the head a month before the date of dismissal, so the worker wins little. Is that more free time that will allow you to find a new job and get vacation.

If the vacation days remained, but the employee does not want to go on vacation, he receives appropriate compensation. If there are two unused vacationThis one will have to "fit", and for the second to receive compensation, as it is impossible to get paid for two vacations.

Application for dismissal

Can the employee quit without working simply without going to work? No, as it will be considered a banner and then it will simply be fired by the article. Even if the bosses violates the contract, the dismissal procedure should be observed. And the first thing should be written a statement - it is at his foundation that a labor agreement is terminated.

An example of a statement

As for the document, the legislator did not establish it a certain form, nevertheless there are special rules for its design:

1. First of all, the application must be filed in writing. It can be properly made or print on a computer, it does not matter.
2. In addition, the document should directly indicate an employee's intention to stop labor Relations And have clearly formulated causes of dismissal.
3. Also, the date of dismissal must be specified. If there is no reason for dismissal without workout, then you should consider two weeks.

Many people write the date of dismissal with the pretext of "C", that is, for example, "I ask to dismiss me from May 23." In this case, May 22 - the last working day. Therefore, it is better to make this wording without an excuse, then it will be May 23.

How can you quit without work and correctly indicate this in the statement? Everything is simple: you only need to voice the dismissal request without additional two weeks of work. If the reason is really serious, the employer will sign a document. It can be served personally, but you can send by mail. But in practice, a personal conversation still cannot be avoided, as many employers want to find out the cause of the care personally.

Dismissal with a violation by the employer of an employment agreement

Is it possible to abandon two weeks without working if the employer abuses his position? According to the law, it is quite possible. But first you need to figure out what is meant by these violations. First of all, the employer must violate the terms of the contract, that is, to force an employee to work overtime, delay wages, etc.

But one violation is not enough, you need to prove it. That is, Sam the fact of abuse by the employer of its position should record the relevant authorities. But the further procedure does not have a clear order.

For example, the conditions of work watches labor inspection and prosecutor's office. Suppose the corresponding inspection carried out, and the inspector revealed violations by the employer. But he can and make a mistake, which will be established in the future - how will this affect the dismissal of the employee? As for the verification of the Prosecutor's Office, even in this case an official cannot compile any specific audit act, and therefore the identified violations are not fixed anywhere.

Another body involved in observance of working conditions is trade union. But this organization can only reveal a violation and send the request to the employer to eliminate them, and it is not obliged to fix them.

Is there some more commission on labor disputes and courts.The fact of violation is considered to be established when the court decision or the decision of the Commission will enter into force. Only by contacting these controls can be achieved that the employer's violation will be fixed and established. Then the employee can raise the question of dismissal without working.

That if the worker has changed his mind

The advantage of 2 weeks of work is that the employee can change their mind to dismiss and pick up his statement, and the employer cannot forbid him. But this rule does not always work: for example, if during this period the employee is on vacation or sick - another worker can already be found in his place. At the same time, the employer must submit written evidence that the position is already busy.

Documentation

According to labor legislationThe employee receives the calculation and takes all his documents on the last working day. Usually, employers do not delay payments, but sometimes it happens. In this case, he is forced to pay certain compensation. If the employee is at this time on vacation, then wage Pay on the last day of vacation.

In addition to money, the employer must give an employee and his labor book. Failure to make it may be regarded as a serious violation. At the same time, the employee has the right to demand material compensation for every day during the period when the employer has been at the employer.

The date of dismissal is the date of return of the workbook to the rightful owner. If the date is incorrect, it is necessary to achieve replacement using the application. Sometimes in these cases have to go to the labor inspection or trade union.

In a situation where the employer does not return the employment record, you can safely go to court and apply. But here there are nuances:

1. If the employee was fired less than 30 days ago, the court will accept the statement of claim.
2. If more time passed, the plaintiff will have to submit evidence that explains the reasons for the defense of the claim. And in this case, the employer has more chances to win the case.
3. At the same time, it is impossible to blame the employer in keeping the document if the employee himself ignored all the requests to appear and pick it up.