It is obligatory to find out when leaving the job or not. We write a letter of resignation of our own free will. good reasons for dismissal without working off: we study the Labor Code

Every working person may have a situation that urgently needs to quit. The question arises whether it is necessary to work out 2 weeks upon dismissal on on their own... Is it possible to avoid working off?

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Normative base

According to Art. 80, part 1 of the Labor Code of the Russian Federation, each employee who wants to resign of his own free will is obliged to notify the administration about this two weeks before the announced deadline by submitting an application in writing.

This requirement is due to the following reasons:

the management of the enterprise will find an employee to replace the quitting one within two weeks;
the dismissed employee may cancel the decision to leave due to changed circumstances.

The employee is not obliged to indicate the reason for the termination of the contract, this is his own business. Motivation can be moving to another area, illness, disagreement of characters with one of the employees.

Do I need to work out

An employee, regardless of length of service, has the right to quit his job at his own request at any time. To do this, you need to submit to the administration an application for a request to be relieved of your position at your own request, where you should indicate your name, patronymic, surname, date, position.

The request can be submitted electronically. With next day after submitting the application, the countdown of the two-week period of stay at work begins. Calendar days are taken into account.

There is a nuance, if the application for resignation is submitted on the last working day before the weekend, then the countdown starts from the next working day. During the employee's illness, the deadline is not postponed. He "calmly" can get sick, this will not affect the term of the detention in any way.

IP

If a citizen works for an individual entrepreneur, then he must declare his dismissal two weeks in advance. This means that he must go to work, and after the expiration of the term labor contract considered terminated. By mutual agreement between the employee and the manager, the termination of the contract can be instant.

Two weeks are given to the employee for reflection, in case he changes his mind. It seems that no one is forcing them to work it out, this is a formality that protects the rights of the resigning person.

If everything is done according to the rule, then on the last day of working off you need to get your hands on work book... The next day, settlements are made in the form of unpaid wages and compensation for unused vacation time.

For late issuance of dismissal documents, the management may carry financial responsibility, as it prevents the employment of a former employee.

There is a nuance - if the last day of working off coincides with one of the days off, then the dismissal is made on the last working day preceding the weekend. By law, dismissal later forbidden.

Individual entrepreneur - entity, which is subject to all obligations to comply with the laws of TK. This means that you must notify the manager in writing of your dismissal two weeks before the specified deadline. And he must accept the application and sign it.

Upon mutual agreement, the employment contract can be terminated instantly. If this is not the case, then you will have to work out due date.

What does the term depend on

The law of the Labor Code of the Russian Federation does not contain the word working off, but contains an indication of the period during which he can be dismissed after filing an application.

It depends on various reasons:

the status and position of the employee;
personal circumstances;
working conditions;
agreements with the administration.

If the management deems it necessary, the employee can be fired without working out the term.

A month's work period is assigned to athletes and management personnel. This time is needed to select a new employee.

Working off within 3 days is assigned:

seasonal workers;
working with a probationary period;
workers for fixed-term contract at least two months.

There are situations in which a person can immediately leave workplace without working off:

retirement;
pregnancy;
disease;
moving to another place of residence;
caring for a sick relative or child;
other reasons negotiated on an individual basis.

If, when working out the term, the employee is not obliged to explain the motivation for dismissal, then in order to urgently terminate the employment contract, he must present the employer with certificates confirming a good reason.

Immediate termination of the contract without making entries in the work book and the term of service awaits hard-core truants.

Features of dismissal

People who decide to quit of their own free will without working off should be aware of the nuances that allow the specified period to be avoided.

There are the following circumstances that change the procedure for terminating an employment contract:

unexpected illness after applying for dismissal. If you are sick, the term of work is not postponed. You can calmly treat the disease, but the term of detention is already underway. You just have to submit to the management sick leave confirming good reason;
vacation - can save you unnecessary work visits. If you have not yet had a rest, you can write an application for vacation, in which you must indicate your decision to leave the place of work of your own free will. The two-week work period is included in the vacation days, so that at the end of the rest, you may not come to work. The last day will be the day of dismissal. During the vacation period, you can look for a new job. And vacation pay will be good remedy to support existence. If you fall ill during your vacation and have a sick leave on your hands, the vacation period is extended for the duration of the illness.

If, within a two-week period, an employee changes his mind about quitting, his situation has changed, he has the right to withdraw the resignation letter and continue to work in his place, but only if the manager has not accepted a new employee for his position.

The hiring of a new employee must be recorded to give you a waiver. A wordless statement that a replacement has been found for you has no legal effect.

A three-day term of work awaits those working with a probationary period. The worker and the manager have the same rights.

The boss can fire a disliked employee at any time. In turn, he, too, can claim his rights if he felt infringement on the part of the leadership. The contract is terminated within three days.

Pensioners are exempted from the term of work after filing a letter of resignation. They must provide management with a copy of the pension certificate along with the application.

There are times when a person does not have a reason for immediate release from work, but he just urgently needs it, he can agree with the management. By agreement of both parties, the contract is terminated without working out.

Dismissal of one's own free will without working off also occurs when:

conscription;
admission to the university;
change of residence due to a business trip of a spouse;
deterioration of health due to the climate or unsuitable working conditions for the body;
violation by the management of the organization of labor legislation.

The two-week working period is just a formality that must be adhered to by both parties. If everything happens by mutual agreement, then the dismissal occurs immediately.

No one has the right to forcibly detain an employee. If you cannot get the manager's consent to be dismissed from office, you will have to work out the prescribed two weeks. Except for the above cases.

In case of dismissal, it is not always possible to complete the prescribed two weeks before dismissal. Dismissal without work is allowed in cases specified by law, as well as by agreement with the employer. Dismissal can occur on the same day when the application is submitted of their own free will, as well as dismissal within three days by law. Consider the cases when you can quit your job, bypassing the two-week working off, what cases the legislation considers as valid.

Labor law provisions of 2019 on dismissal without work

In accordance with the law, an employee who wants to quit, about which he writes a statement, must work the notorious two weeks. This period was given for a reason, because the employer needs to carry out all the calculations with the employee, find a replacement for him. But, there are times when an employee is not obliged to work out. This is a situation when an enterprise is liquidated, or when an employee is laid off due to redundancy. In this case, there is a procedure for dismissal. The employer must notify the employee 2 months in advance of the upcoming layoff.

Dismissal takes place on the same date as indicated in the letter of resignation, in such cases:

when an employee of retirement age leaves;
if the employee is enrolled in an educational institution;
if the employee moves to another place of residence, to another locality;
if the spouse of an employee moves to work abroad, or to another place for service;
if the employer has violated the terms of the employment contract or applicable law.

Labor legislation does not provide an exhaustive list good reason, for which you can not work out. It all depends on the situation at the enterprise and the employer's interest in losing a valuable employee.

Application for dismissal without working off

There is a misconception that it is possible to quit without work if, in the reason for leaving, it is indicated that the employee is quitting due to the need to care for a child (up to 3 or up to 14 years old). However, there is no direct reference in the law to the validity of such a reason. Therefore, you should not expect that the employer is simply obliged to meet the employee halfway and fire the same day. But, you can agree with the employer. Most often, such employees are allowed not to work out.

If an employee leaves for whom it is time to retire, the company must carry out the dismissal on the same date that the employee indicated. This is a requirement of the law, and not the wish of the employee (according to Article 80 of the Labor Code of the Russian Federation). Therefore, it is forbidden to demand work from a pensioner.

In the case of enrollment in an educational institution, the employee has the right to demand dismissal from the employer without work.

In the application, you need to write the reason why working off is impossible. As proof of enrollment in an educational institution, the employer may require a corresponding certificate.

If the employee believes that the employer has violated the law or the terms of the contract, he must first file a complaint in the prescribed form with the labor authority or the court. And already upon establishing the fact of violation, which will be confirmed by the corresponding document, you can already ask for dismissal without working off. You should not immediately not go to work, after submitting the application for resignation, if only the employee became aware of the violation by the employer of the law or the employment contract. Absenteeism on time two weeks working off, can be regarded as absenteeism, with the corresponding consequences. An employee who does not go to work without a good reason is fired under the article for absenteeism.

Terms of working off upon dismissal according to the Labor Code of the Russian Federation

An employee is supposed to work for two weeks if he is general order is applying for his resignation. In some cases, the Labor Code of the Russian Federation establishes a three-day period:

if an employee passes a probationary period at the enterprise;
if the term of the employment contract with the employee is concluded for a period of up to two months;
if the employee is doing seasonal work.

When passing the probationary period, an employee may change his mind about getting a job at this enterprise, about which he must notify the employer three days in advance (in accordance with Article 71 of the Labor Code).

A temporary employee who got a job for up to two months, on the basis of Art. 292 TC, has the right to quit before the expiration of the contract. But the employer needs to be warned not two weeks in advance, but three days in advance. The same applies to an employee who is engaged in seasonal work.

When passing the test, it is important to understand that the conditions for the test must be included in the employment contract. If these data are not entered, the employee is considered accepted for the position immediately, without a probationary period. Without two weeks of work under the Labor Code of the Russian Federation, you can quit if the trial period is 3 months, and the employee has worked at the enterprise for less than these 3 months. But leave should be notified three days in advance.

Today, any employee can have a lot of reasons for wanting or needing to stop working in a particular organization. However, labor legislation provides for compulsory work after writing. Is it possible not to fulfill this condition and not work out 2 weeks?

Employee policies and obligations

The Labor Code of the Russian Federation states that any employee is obliged to notify the employer of his intention to resign of his own free will at least two weeks (14 days). In this case, calendar days are taken into account, regardless of the number of work shifts in them. The specified period is counted from the next day after the application is submitted to the head and his acquaintance with it. For some categories employees question: "How to quit without completing the specified term?" absolutely not relevant. We are talking about employees on probation and specialists working on temporary / seasonal contracts, the total duration of which is no more than 2 months. Representatives of these categories of workers have the right to notify their employers of their intention to terminate the employment contract three days before the actual dismissal.

Agree with the management at will or by law?

The employer has the right to dismiss any employee at his request without working off. This is a real chance for employees small companies who are able to communicate directly with their superiors. It is enough to express your request in an informal setting, and if the management meets halfway, you can leave the workplace even the next day after signing the application. How to quit without working for 2 weeks, if it is very necessary, and the boss does not want to enter the position of an employee? Under special circumstances, this is possible. But remember that the reason will have to be indicated in the statement, and also (at the request of the management) to be documented. The term of dismissal is indicated by the applicant independently. If the claim set forth in the application is not satisfied, the employee has the right to file a claim in court.

Special circumstances for quick dismissal

Students who entered an educational institution have the right to terminate their labor activity. To confirm this fact, you will need an appropriate certificate from the university. Also, pensioners quit without work when they reach the retirement date. Leave on their own in as soon as possible it is also possible if the employer exceeds his authority, acts unlawfully or violates labor laws in other ways. Upon dismissal in this regard, it is necessary to have evidence of violations. These three reasons are listed in Article No. 80 of the Labor Code of the Russian Federation, the same article allows for the possibility of dismissal within the time frame required by the employee under other valid circumstances. There is no detailed list of other reasons in the labor code; one should be guided by by-laws.

Other reasons for dismissal without work

Is it possible to quit without a job if the reasons for this decision are related to the family or another area of the employee's personal life? The laws of our state allow such a possibility, but the employee needs to be prepared for the fact that the need for urgent dismissal will have to be confirmed, as in the case of the main reasons prescribed in the Labor Code. The basis for termination of the work contract is the change of region permanent place residence, as well as a long-term business trip of the spouse to another country / region with the provision of a place for the whole family to live, deterioration of health, making it impossible to stay in this region, or the performance of official duties in the position held. For those who do not know how to quit without a job, their own children can help. A pregnant woman or a mother of a child under 14 years of age can terminate the contract with the employer at any time. Also, either parent can quit without working if the family has many children (from three children), and all children have not reached the age of 16, or 18, but on condition that the latter are students or students of general education institutions. The reason for quick dismissal is the need to care for a sick family member (this requires an appropriate medical prescription) or a disabled person of the first group.

Want to quit? It's time to get sick!

In labor law Russian Federation there is no indication that after a warning, it should definitely work. This is a great and, most importantly, completely legal loophole. Have you already figured out how to quit without completing 2 weeks? Everything is simple - it is enough to notify the management of your intention on the eve of going on sick leave or after its opening. In this case, the employee writes a statement of his own free will and sends it to his superiors. Then he turns to medical institution and draws up a sick leave. Accordingly, the employee has the right not to go to work due to illness within the time frame specified in the sickness certificate. At the same time, exactly two weeks after writing the application, you can demand a calculation and a work book in the personnel department.

How to quit without working off by taking a vacation?

Employees who have leave in stock, upon dismissal, have the right to demand material compensation or to take leave for the remaining two weeks of work. If possible, it is worthwhile to coordinate your decision with the management in advance. But even without a personal agreement, the management has no right not to let the employee go or refuse to dismiss immediately after the end of the rest. If it's not about urgency, but about unwillingness to work, then you should choose a period with a lot of days off for dismissal. For example, those who are on probationary period, you can quit without working off in the three prescribed days. It is enough to write a statement on Friday (with a 5/2 schedule). And already on Monday, after the standard weekend, you can demand the actual dismissal.

Sample application

An application for dismissal of one's own free will can be in any form. Its "header" indicates the addressee - general manager company and the full name of the organization itself. Do not forget to indicate your position and full name on the bottom line of the header. The statement indicates your desire ("to dismiss at your own request"). If there are special reasons, they should also be indicated along with the desired date of dismissal. Documents confirming the importance of the existing circumstances must be attached, and an inventory must be made at the bottom of the application itself. If an employee is going to quit his job without working out for health reasons, a certificate from medical institution... In the description, it must be called that. For some documents, copies will suffice, for example, if it is internal orders the organization in which the applicant's spouse works, about his transfer to another region. The final part of the application is the date of its submission and the signature with a decryption of the applicant's passport data.

To sue or reconcile?

What if an employee knows how to quit without completing 2 weeks, and has found a suitable option for himself from the acceptable labor codes, and the employer insists on working off? This is a violation of labor law, provided that the first did everything correctly and correctly completed the documents. The right decision an employee whose rights have been violated will go to court. But you cannot count on a quick trial; most likely, the hearing and study of the materials will take several months. So maybe it's really better to try to negotiate peacefully with the authorities and work out the allotted time or recommend a specialist in his place with good resume? There are indeed several ways to quit quickly, but it is much easier to plan such major changes in your own life in advance and quit on general terms.

The employee is obliged to notify the employer of his intention to resign 2 weeks before the date of the proposed dismissal. These 2 weeks are called compulsory work. However, the law provides for dismissal without compulsory work.

In Art. 81 of the Labor Code of the Russian Federation lists cases when an employee may not work for 2 prescribed weeks. These are cases such as:

inability to continue working in connection with enrollment in a university or educational institutions full-time undergraduate and magistracy;
retirement of an employee;
violation by an employee of labor legislation, as well as local acts and provisions of labor and collective agreements;
other cases.

In other cases, labor legislation includes:

moving to another area for work;
sending the second spouse to work abroad;
moving to a new place of residence or for medical reasons;
Caring for a sick family member, a disabled child or a child under 14 years old.

Retirees and pregnant women, as well as mothers and adoptive parents with a child under 14 years of age, can quit without work.

Dismissal without working two weeks

An employee can quit without working the obligatory two weeks in a 3-day period. This is possible when the following circumstances occur:

on probation - Art. 71 of the Labor Code of the Russian Federation;
if the employment contract was concluded for a period of less than 2 months - Art. 292 of the Labor Code of the Russian Federation;
if the employee was employed in seasonal work - Art. 296 of the Labor Code of the Russian Federation. This period is provided only for the employee. If the employer decides to fire a seasonal employee, he must notify the latter 7 calendar days in advance.

For an employee to be considered a seasonal worker, this must be specified in the employment contract.

Application for dismissal without working off

In order to quit, an employee must write a statement to the employer. The exact same procedure applies if an employee leaves without work. In the application it is necessary to indicate “I am asking to fire me without the obligatory working out of a 2-week period for the reason….”.
In some cases, the employee must provide evidence that he cannot work out the prescribed 2 weeks. For example, if this is not possible due to moving to another place of residence. To do this, it is enough to present the documents on the statement.

Dismissal one day without working

An employee can quit one day both by agreement with the employer, and in the event of the occurrence of the reasons indicated above. The employee writes a statement, and on the same day he receives a payment and a work book.
In addition to the above reasons, the collective agreement may indicate additional circumstances of the employee's dismissal in one day. If the employer does not believe that the circumstance that has come is the basis for the employee's dismissal in one day, the latter can apply to the labor commission or to the court to protect his rights.

Legal dismissal after three days of service

As already mentioned, the standard term of working before dismissal is 2 weeks. But there are categories of workers that are not included in this list. At their request, the employer must dismiss them and fully settle them in a shorter - 3-day period.

These employees include:

those who are being tested. In Art. 71 of the Labor Code of the Russian Federation says that if an employee who is on probation decided to quit of his own free will, then he must work only 3 working days;
employees with whom a temporary contract has been concluded. That is, in Art. 292 of the Labor Code of the Russian Federation says that if an employee was hired to work only to perform a certain amount of work (or a certain type of work), and an employment contract was concluded with him for a period of up to 2 months, then before dismissal he can work only 3 calendar days;
workers involved in seasonal work. For example, for digging up potatoes. In Art. 296 of the Labor Code of the Russian Federation states that workers involved in seasonal work, and with whom labor contract concluded for a period of up to 2 months, they can safely resign after the expiration of 3 calendar days from the date of notification of their employer.

The employer must be notified in writing. As a rule, only a letter of resignation is enough. It is considered a notification from the boss.

Employee's obligations upon dismissal

When leaving, an employee must comply with a number of his obligations. These include:

mandatory notification of your manager about the upcoming dismissal. Depending on the reason for employment and the reason for dismissal, the notice period may be different - from 2 weeks before dismissal on the day of warning;
is obliged to pick up his work book and full payment, which includes:
- salary for the time actually worked from the moment of employment until the moment of dismissal;
- vacation compensation: every employee, even if he has worked for several weeks, is entitled to vacation. Therefore, the employer must pay compensation for it, and the employee must accept it;
- severance pay... In some cases of dismissal, compensation benefits are provided. They can also be enshrined in a collective agreement.

Special circumstances

Do not forget that there are some special circumstances in which an employee can quit immediately, without completing a day.
Labor legislation refers to such circumstances:

agreement of the parties. In Art. 77 of the Labor Code of the Russian Federation says that if the parties conclude an appropriate written agreement between themselves, then the employee can quit without working off;
employees who entered the university and begin their studies. As a rule, such a dismissal occurs on the eve of September 1. As a rule, it is known about an employee's enrollment in a university much earlier than before starting school year... Therefore, he can quit in 2 weeks. But if he wants to stop labor Relations just before the start of the academic year, he must present a certificate from the educational unit confirming admission to the university;
employees who, due to their age, have reached retirement age and are not going to continue their labor activity. The employee's reaching a certain age when they retire by law is not a reason for terminating the employment relationship;
a conflict situation with the employer against the background of his violation of labor law in relation to this employee;
dismissal of an employee due to the employer exceeding his official powers as a manager. It often happens that the boss is “forgotten” and begins to insult his employees and use obscene language towards them;
violation of the terms of payment of wages or other benefits. These include vacation pay, severance pay or sick leave payments, maternity pay and others;
the workplace of a particular employee is not properly equipped, which prevents him from performing his direct labor duties in full force.

This is an approximate list of reasons for dismissing an employee without 2-week work. But as practice shows, there are many other reasons for terminating labor relations without working off. These include:

family or personal circumstances. Such circumstances will need to be confirmed by documents, which is sometimes quite difficult. But if there is an urgent need for a quick dismissal, you can always talk to the manager and sign an appropriate agreement with him;
moving of a spouse to work in another region. For example, a long-term business trip of a spouse, which entails the forced relocation of the whole family to live in another region. The reason is quite valid, but some employers ask to document it;
cases when the health of the worker has deteriorated and he can no longer carry out his work duties. The law also considers that such a reason is a fairly good reason for dismissal. But you won't be able to quit without the necessary medical documents;
families with children under 14;
large families, if the parent is dependent on 3 or more children under the age of 16. And if they study at a university, then before graduation educational institution;
there was a need to care for a disabled child or another family member with the first group of disabilities. The presence of such a reason must also be confirmed by medical documents;
pregnancy of the employee. Having a belly is not proof of pregnancy. It is necessary to present to the manager a medical certificate from the medical institution in which this pregnant employee is registered. The certificate is signed by the chief physician of the institution, the head antenatal clinic and the attending physician. Also, the certificate must have the "main" seal of the institution.

Quit without working off by taking a vacation

There is another option for dismissal without actual compulsory work. But it is likely if the resigning person has days unused vacation... That is, an employee can go on vacation with subsequent dismissal. Then the last day of the vacation will be considered the last day at this workplace. And working off is not required! But you need to reach an agreement with the employer, at least verbally.

Working off or trial

A situation may arise when an employee has legal grounds for dismissal from this employer without completing the due period, and the employer insists on the opposite. How to be in such a situation?

If the employee does not want to "wag his nerves", he can calmly work out the due date and quit. But there is another option - self-defense of our own labor rights... That is, he can sue the employer.
The main disadvantage of this method is that the process can take several months. This is inconvenient for either side. Therefore, it is worth looking for options for a peaceful solution to the problem. What can the worker himself do? He may offer instead of himself a replacement, that is, a competent employee who wishes to proceed with labor duties on the day of dismissal. If the employer is satisfied with this option, he will make concessions and release the quitting employee without working off. But if no measures help, then all that remains is the solution of the problem in court.

Sample application

To quit, an employee must write a letter of resignation. If he wants to quit without working off, then this fact must be reflected in the application.
An application for dismissal without working off must contain the following information:

the position and initials of the authorized person who accepts such applications;
the full name of the employer;
the initials and title of the employee who is firing. If the company is large, then you need to specify structural subdivision;
the statement itself. Here the quitting employee states:
- a request to fire him on a certain date. For example, dismiss 04/05/2018. Then the last working day will be 04/04/2018;
- request to dismiss without working off;
- reasons for dismissal without working off;
- a list of documents that the employee attaches to the application to confirm the reason for such a short-term dismissal;
- if dismissal without working off occurs by agreement of the parties, then you can specify the details of this agreement.
When the employee sets out the main text, he indicates the date of writing the application, puts his signature and decrypts it.

It is advisable to draw up the application on the company's letterhead. But, if this has not been developed, then you can write on a regular sheet.