Is it possible to quit without working? Dismissal without work ─ myth or reality? What to do if you are forced to work for 2 weeks

Content

The procedure for dismissal from work is worked out in legislation to the smallest detail - in most cases, the employee needs to notify the manager by writing a letter of resignation and work for another 2 weeks. The question of how to quit without working time may be relevant for those workers who leave work of their own free will, but due to life circumstances are not able to work for another 2 weeks. For example, this may be due to life circumstances - health conditions or moving to another area.

Is it possible to quit without working for two weeks?

Article 80 of the Labor Code of the Russian Federation examines in detail issues related to dismissal at the initiative of an employee and it is here that the need to work the required two weeks is legally determined. This period begins to count on the day the director receives the resignation letter, regardless of when he endorses it and the preparation of the corresponding order begins.

At the same time, those who are looking for an answer to the question of whether it is necessary to work 2 weeks upon dismissal, need to know that this article of the Labor Code of the Russian Federation also talks about situations when an employment contract must be terminated within the period specified by the employee, or termination of employment relations by mutual agreement between the employee and the employer based on working hours.

Deadlines for dismissal in the Labor Code of the Russian Federation

If we approach strictly formally, then Art. 80 of the Labor Code of the Russian Federation does not require 2 weeks of work, but states that it is necessary to warn the manager within this period (so that he can select a replacement, etc.). For example, if an employee writes a letter of termination of employment before going on a 28-day vacation, then immediately upon completion of the vacation he will be dismissed at his own request without working off. The period is also calculated if the employee warns the director while on sick leave - when presenting a sick leave certificate to the HR department, days of illness can be taken into account.

Three days

The legislation of our country provides for situations when you can write a letter of resignation without working and stop working in the organization after 3 days. This applies when:

• the employee’s probationary period has not yet ended (Article 71 of the Labor Code of the Russian Federation);
• the term of the contract concluded with him is less than 2 months (Article 292 of the Labor Code of the Russian Federation);
• the employee was involved in seasonal work (Article 296 of the Labor Code of the Russian Federation).

2 weeks

According to the Labor Code, a two-week period is the period in which you need to notify your boss that you want to change jobs. In this case, the employee needs to work the required two weeks from the date of writing the application, and receive a paycheck and work book from the personnel department in order to get a new job. In fact, the date of dismissal is determined by the management, by agreeing with whom you can terminate the employment contract earlier. In this case, it is mandatory to have written evidence of the agreement reached (for example, a visa on your application).

The convenient thing is that if the situation changes and the employee changes his mind about quitting, the application can be withdrawn. In the case where the employment relationship is terminated by agreement of the parties or upon dismissal after vacation, this cannot be done. However, if another person was found to take the place of the resigning employee and draw up documents for employment, then it will not be possible to withdraw the application.

1 month when working in a managerial position

Separately, the Labor Code of the Russian Federation provides for situations when it comes to the dismissal of a managerial employee. Art. 280 states that a month's notice is required from the time the employer receives the completed application. Similar requirements apply to coaches and athletes - upon dismissal, they are entitled to work for a month (unless the contract provides for another, usually longer, period). In all the cases under consideration, this is due to the specific nature of the work, which does not allow one to immediately leave the previous job.

For what reasons can you quit without working?

According to Art. 80 of the Labor Code of the Russian Federation, a mandatory attribute is not work, but timely notification of the manager about dismissal by signing an application, and it makes no difference whether the employee works for this period or is on sick leave. Therefore, from a legal point of view, it would be more correct to talk not about how an employee can quit without working, but how to terminate an employment relationship with a minimum notice period or without it at all (for example, for pensioners). As a rule, this is due to the presence of valid reasons, which the law includes:

• Admission to an educational institution - a university or secondary school for full-time study, when the study schedule does not allow you to normally perform work duties. In this case, supporting documents must be attached to the application.
• Exit to a well-deserved rest for those workers who have reached the retirement age determined by Russian legislation. Moreover, if such an employee of retirement age gets a job again, he loses the right to dismissal without working off.
• According to the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 7, 2004 No. 2, a valid reason that solves the problem of how to resign without service is also the new appointment of a spouse with a change of residence - moving to another city or country. In this case, a certificate confirming the transfer of the spouse to another job is attached to the application.

Special circumstances provided for by law

Labor legislation considers special situations when an employee does not have to work for 2 weeks upon dismissal. These are situations such as:

• Pregnancy and other family reasons (caring for a sick family member, a disabled child, the presence of three or more minor children) with appropriate documentary evidence.
• Non-compliance/violation by the company administration of the norms of the Labor Code of the Russian Federation or local regulations. The situation with wages being delayed for more than 15 days is discussed in Art. 142 of the Labor Code of the Russian Federation - in this case, the employee has the right to suspend the performance of his duties. If at the same time he asks for dismissal, and the company does not pay wages for another two weeks, then there is no need to work off anything. A similar situation occurs when the rules of payment for sick leave, transfer of benefits to pregnant women, etc. are violated. Judicial practice shows that justice in these cases will be on the side of the employee.

How to quit your job without working time

Since this procedure can have several different reasons depending on the situation, the actions of the employee or employer will also be different. This may include:

• minimizing the period before termination of the employment contract if the employee needs to quit as quickly as possible (for example, if a more attractive job has been found);
• reducing the time spent at work (for example, in case of a conflict with the team, the employee experiences discomfort while being in such an environment).

By agreement of the parties

If the parties agree, an employee can be fired without working for two weeks, if the manager is not against such termination of the employment relationship and has documented this decision, citing Article 80 of the Labor Code of the Russian Federation. In many cases, this situation will be more convenient for the employee than a two-week work period. However, in this case, it may take some time, because it is necessary to issue an appropriate order, the accounting department needs to make calculations, and the personnel department needs to fill out a work book.

Sick leave

While on sick leave, and having received an appropriate medical certificate indicating the inability to perform previous duties (for example, due to injury), the employee can resign of his own free will. In this case, he provides a certificate of incapacity for work to the person responsible for maintaining the time sheet in the organization, and can be fired immediately upon completion of the sick leave. If the period is less than the 14 days required by law to warn the director, the issue can be resolved by agreement of the parties.

Vacation followed by dismissal

According to the law, you can go on another vacation and resign immediately after its completion. These may be situations permitted by labor legislation when:

• The employee wants to “play out” the days allotted to him and asks for vacation, because he has the right to it.
• An employee, for various reasons (for example, suddenly finding a new job), decides to fill out an application while already on vacation. In this case, if there are 14 days or more left until the end of the vacation period, he will be dismissed immediately upon returning from vacation. If this period is longer, then the issue can be resolved by agreement of the parties.

At the initiative of the employer

Article 81 of the Labor Code of the Russian Federation considers situations when dismissal occurs at the initiative of the employer. These reasons can be divided into two groups. The first includes reasons beyond the control of the employee (for example, staff reduction, about which he must be notified no later than two months in advance). The second group is associated with the fault of the employee himself and does not provide for working off. This may be due to:

• gross violation of labor discipline (absenteeism, appearing at work in a state of intoxication, disclosing entrusted secrets, accidents due to violation of labor safety rules, committing a property crime);
• repeated failure to perform labor functions without good reason;
• when working with material assets - committing an act that undermines trust;
• immoral action of a person performing educational functions.

Sample resignation letter

In this case, the document is drawn up in the name of the director of the organization in which the employee works. The text is written in free form, but all the necessary information should be there:

• In the header of the document it is written who it is intended for and from whom, for example, “Director of Boomerang LLC” A.V. Smirnov. from the driver A.S. Ivanov.”
• Next, in the center of the line, write the name of the document - “Application”.
• The basic part contains a request for dismissal without service, if necessary, supported by a reference to the legislation, for example, “I ask you to dismiss me at your own request without service (in accordance with Article 80 of the Labor Code of the Russian Federation) from November 1, 2017 due to the transfer of my wife to work in another city (certificate attached )".

How to quit without working time - grounds and sample application, mandatory deadlines for employees and managers

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 service. However, the law provides for dismissal without mandatory service.

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

• inability to continue their work activity in connection with full-time enrollment in a university or educational institution for bachelor's and master's degrees;
• employee retirement;
• violation by an employee of labor legislation, as well as local acts and provisions of labor and collective agreements;
• other cases.

Other cases covered by labor legislation include:

• 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 of age.

Pensioners and pregnant women, as well as mothers and adoptive parents with a child under 14 years of age, can resign without service.

Dismissal without working for two weeks

An employee can resign without working the mandatory two weeks within a 3-day period. This is possible when the following circumstances occur:

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

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

Application for dismissal without work

In order to resign, an employee must write a statement addressed to the employer. Exactly the same procedure applies if an employee quits without working. In the application you need to indicate “I ask you to dismiss me without a mandatory 2-week period of work for the reason ....”.
In some cases, the employee must provide evidence that he cannot work the required 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 documents about the discharge.

One day dismissal without work

An employee can resign in one day by agreement with the employer, and if the reasons mentioned above occur. The employee writes an application and receives a paycheck and work book on the same day.
In addition to the above reasons, the collective agreement may specify additional circumstances for dismissing an employee in one day. If the employer does not believe that the circumstance that has occurred is grounds for dismissing the employee in one day, the latter can apply to the labor commission or to court to protect his rights.

Legal dismissal after three days of service

As already mentioned, the standard period of service before dismissal is 2 weeks. But there are categories of workers who are not included in this list. At their request, the employer must dismiss them and pay them in full within a shorter period of 3 days.

These employees include:

• those who are being tested. In Art. 71 of the Labor Code of the Russian Federation states that if an employee on a probationary period decides to resign 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 states that if an employee was hired 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 employees engaged in seasonal work, and with whom the employment contract is concluded for a period of up to 2 months, can safely quit after the expiration of 3 calendar days from the date of notification to their employer.

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

Obligations of an employee upon dismissal

When resigning, an employee must comply with a number of 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 vary - from 2 weeks to dismissal on the day of notice;
• must pick up your work book and full payment, which includes:
  • wages 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 him, and the employee is obliged to accept it;
  • severance pay. In some cases of dismissal, compensation benefits are provided. They can also be enshrined in a collective agreement.

Special circumstances

There are special circumstances in which an employee may resign immediately without working a day.
Labor legislation includes such circumstances as:

• agreement of the parties. In Art. 77 of the Labor Code of the Russian Federation states that if the parties enter into an appropriate written agreement between themselves, then the employee can quit without working;
• employees who have entered the university and are starting their studies. As a rule, such dismissal occurs on the eve of September 1. As a rule, an employee’s enrollment in a university is known much earlier than before the start of the academic year. Therefore, he can quit in 2 weeks. But if he wishes to terminate his employment relationship just before the start of the academic year, then he must present a certificate from the educational department confirming his enrollment in the university;
• employees who, due to their age, have reached retirement age and do not intend to continue their working activities. When an employee reaches a certain age when they legally retire, this is not grounds for terminating the employment relationship;
• a conflict situation with the employer against the background of his violation of labor law norms regarding this employee;
• dismissal of an employee due to the employer exceeding his official powers as a manager. It often happens that the boss “forgets” and begins to insult his employees and use obscene language towards them;
• violation of deadlines for payment of wages or other benefits. These include vacation pay, severance pay or sick leave payments, maternity leave and others;
• the workplace of a particular employee is not properly equipped, which prevents him from performing his immediate job duties to the fullest extent.

This is an approximate list of grounds for dismissing an employee without 2 weeks of service. Also, there are other reasons for terminating an employment relationship without working off. These include:

• family or personal circumstances confirmed by documents. But if there is an urgent need for quick dismissal, you can always talk to the manager and sign an appropriate agreement with him;
• relocation of a spouse to work in another region. For example, a long business trip for a spouse, which entails the forced relocation of the entire family to live in another region. The reason is quite valid, but some employers ask you to document it;
• cases when the employee’s health has deteriorated sharply and he can no longer perform his job duties. The law also considers that such a reason is quite compelling for dismissal. But you won’t be able to quit without the necessary medical documents;
• families with children under 14 years of age;
• large families, if the retiring parent is dependent on 3 or more children under the age of 16. If they are studying at a university, then until they graduate;
• 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;
• employee's pregnancy. The presence of a belly is not proof of pregnancy. You must present the manager with a medical certificate from the medical institution where the pregnant employee is registered. The certificate is signed by the head physician of the institution, the head of the antenatal clinic and the attending physician. Also, the certificate must bear the “main” seal of the institution.

Resign without working time by taking leave

There is another option for dismissal without actual mandatory work, if the quitter has days of unused vacation. That is, an employee can go on vacation with subsequent dismissal. Then the last day at this workplace will be considered the last day of vacation. And no work required! But you need to reach an agreement with the employer, at least verbally.

Detention or trial

A situation may also arise when an employee has legal grounds for dismissal from a given employer without working the required period, but the employer insists on the opposite. What to do in such a situation?

If an employee does not want to “get on his nerves,” he can calmly work out the allotted time and quit. But there is another option - self-defense of your labor rights. That is, he can sue the employer.
This 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 employee do? He can offer a replacement in his place, that is, a competent employee who wishes to begin work duties on the day of dismissal. If the employer is satisfied with this option, he will make concessions and let the resigning employee go without work. But if no measures help, then the only option left is to solve the problem in court.

Sample application

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

• the position and initials of the authorized person who accepts such applications;
• full name of the employer;
• initials and position of the dismissing employee. If the enterprise is large, then you need to indicate the structural unit;
• the statement itself. Here the resigning employee indicates:
  • request to fire him on a certain date. For example, dismiss on 04/05/2018. Then the last working day will be 04/04/2018;
  • request to be dismissed without work;
  • reasons for dismissal without work;
  • a list of documents that the employee attaches to the application to confirm the reason for such a sudden dismissal;
  • if dismissal without service occurs by agreement of the parties, then the details of this agreement can be indicated.
• When the employee outlines the main text, he indicates the date the application was written, puts his signature and deciphers it.

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

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.

A resigning employee has the right not to appear at work during his service period if he is on sick leave. In this case, days of illness are counted towards the working time.

Finally, with the consent of the employer, you can combine the period of work with vacation by submitting an application for leave with subsequent dismissal.

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.

trudinspection.ru

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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Question: I want to quit my job, but they won’t let me go without working. I work on a rotational basis. Is it possible to quit without working for 2 weeks? What article is there on this matter in the labor code?

The official place of work, reflected in the work book, at some point may become an obstacle to the implementation of new plans or the implementation of some urgent matters. The reason for this may not be fatigue or a “harmful boss”, but anything. Sometimes you don’t want to leave your work team at all, but you need to quit.

Moreover, this needs to be done as soon as possible - quit without working for 2 weeks, which is required by the Labor Code of the Russian Federation. This norm is regulated by Articles No. 77, 78 and 80, which give the employee the right to terminate the employment contract on his own initiative after a written request. You must notify your employer exactly two weeks before your desired date of departure.

Obviously, the very fact of writing such a statement does not give the employee the long-awaited freedom from the employer and he has those same mandatory two weeks of work ahead of him.

There are indeed ways to quit without completing the required period of service. Moreover, this does not require breaking the law or being “cunning” in any way. Everything is not so complicated, read and remember, this publication will give a comprehensive answer to this, for some, not just an important, but an urgent question.

Rights and obligations of an employee upon dismissal

First, a little more theory. The working period is 14 days; it is counted not from the moment the resignation letter is written (and, what is important, signed by the manager!), but starting from the next day. You only need to count calendar days, regardless of the number of work shifts in this period.

Legal dismissal after three days of service

Certain categories of workers are not subject to this obligation and may be required to be dismissed within three days. These include company employees undergoing a probationary period (Article 71 of the Labor Code of the Russian Federation). The same list also includes specialists with whom only a temporary (Article 292 of the Labor Code of the Russian Federation) or seasonal (Article 296 of the Labor Code of the Russian Federation) contract was concluded, the duration of which is limited to two months. Representatives of these categories of employees have the right to leave work in the company three days after notifying the manager of this desire.

But force majeure happens and time cannot be turned back, so what to do?

Do not neglect the opportunity to talk with management about early resignation. The employer has the right to fire without requiring work. Article 77 mentioned above allows the contract to be terminated by agreement of both parties at any time.

This version is very real for an employee of a small private company if he does not need to complete a certain amount of work. If you have direct access to the person making such decisions, then it is worth talking directly. A one-on-one conversation, in which the employee can explain the reasons for an early separation, can evoke understanding from the manager, who will meet the employee halfway. Once you have received a signature on your resignation letter of your own free will, you can begin to say goodbye to your colleagues and forget the way to the office the next morning.

However, what to do when it is necessary to quit without working for two weeks, but the management does not want to delve into the essence and enter into the position of the employee? The so-called special circumstances. You will need to describe them in the application and be prepared to provide evidence or documentary evidence. Here you must also indicate the desired period of dismissal. If the employee’s demand remains unanswered after filing such an application, he can go to court.

Other cases and "special circumstances" for instant dismissal

Applicants to educational institutions have the right to early termination of the work process. This fact must be confirmed by a certificate of admission issued by the university. People who have reached retirement age, as well as currently working pensioners and disabled people are allowed to resign without service.

A conflict situation with the employer due to his violation of the Labor Code and other regulations describing labor law norms, abuse of authority and other unlawful actions is another weighty argument that obliges the employer to terminate the contract within a period convenient for the employee.

It is worth focusing on cases of delayed wages, non-compliance with deadlines for vacation pay (no later than three days before the start of the vacation), lack of a properly equipped workplace - all of this can become arguments for terminating the contract on the day that the employee himself indicates in the application.

Article 80 of the Labor Code of the Russian Federation will tell you more about the reasons for early dismissal described above. It also describes the possibilities of resigning quickly in connection with other cases. However, any list of all possible circumstances that may be valid reasons for dismissing an employee within the period desired by him is not given in the Labor Code. Here, the guideline will be by-laws and established practice, which considers the following options to be respectful:

• It is possible to quit without working for various reasons related to circumstances in the family or personal life. The laws allow such possibilities, but they will have to be documented, which may cause difficulties.
• The reason for an early termination of work may be the relocation of a spouse for an extended period of time to another region or country. A common case is a long business trip of a husband or wife, entailing the relocation of the entire family. This is a very compelling reason that may be asked to be documented.
• Undoubtedly, the legislation considers all cases of deterioration in the employee’s health to be valid, which entail the need to leave the given region with confirmation of this fact by a medical report. An illness that prevents an employee from performing his official duties is also included in the list of cases that do not require two weeks of work.
• Having children will help you quit as quickly as possible. We are talking about families with children and adolescents under 14 years of age. Any parent of a large family who has three or more dependent children under 16 years of age can demand early termination of an employment contract. Or the children in such a family have not reached their 18th birthday, provided that they are all students of general education institutions.
• A good reason is caring for a disabled child or a sick family member, as well as a disabled person of the 1st group, which, as you might guess, must be confirmed by a medical report.
• Pregnant women are exempt from compulsory service.

Vacation instead of work

Finally, having unused vacation days will allow you to avoid being present at work on days of required work. If a written application for such leave is agreed upon, the last day of legal rest may become the day of dismissal.

Court or peace?

What to do if suitable options are found that, according to the Labor Code, allow you to quit without working a two-week period, but management insists on this need? Going to court would be the right step. At the same time, you should not expect that the process will go quickly; it usually lasts up to several months. It makes sense to look for ways to peacefully resolve the issue or to work out the required period. And as an option, offer yourself a replacement.

As you can see, there are ways to quit quickly, and there are many of them; the best option would be to plan the proposed changes and dismissal on general terms.

The reasons for dismissal can be very different. It is believed that if such a decision is made, the employee must work for another two weeks after writing the application. But this is not entirely true: in fact, there is no obligation to work off, enshrined in the Labor Code of the Russian Federation. There is an obligation for employees to notify management of their desire to resign two weeks before leaving their position. There are other subtleties regarding two-week work, as well as completely legal ways to get rid of this need. So, let's start in order.

Why is training needed?

First of all, “working off” is the wrong word to mean 2 more weeks of working time after writing a letter of resignation. In fact, the employee does not work off anything, but simply notifies the employer in a timely manner about the termination of cooperation.

The requirement of the Labor Code of the Russian Federation that an employee must notify his superiors about his planned departure from work is quite understandable: within two weeks, the management of the enterprise has the opportunity to find a replacement for the quitter, and the employee manages to complete his work affairs and transfer unfinished projects to his successor.

Employee obligations

As the law states, every employee is required to notify his supervisor of his intention to leave his position at least 14 calendar days or two weeks in advance.

The countdown begins from the date of submission of the application to the boss and his acquaintance with him. But it is worth remembering that not all employees should warn management about their desire to leave their jobs: those who are on probation, as well as employees seasonal or temporary contracts, not exceeding two months, are not required to comply with this regulation. They only need to submit an application three days before actually leaving work.

For your information! For those who, by law, have the right to notify their superiors three days before dismissal, in order to speed up this process, it is most reasonable to choose a period with a large number of weekends or non-working holidays when leaving work. This is very convenient: I wrote an application before holidays or weekends and after them I am already free.

Ways to avoid two-week detention

There are a number of options that allow you to leave your job without prior notice to management.

1. Voluntary management decision on the release of an employee from two weeks of work. If you have a good relationship with your boss, then you can approach him and try to come to an agreement. Quite often, managers accommodate their employees, especially if they have some important and valid reasons for urgently leaving work. It happens that the director signs a dismissal order the very next day after submitting the application. Therefore, you should not neglect this option, as practice shows - this is the simplest and most painless way of dismissal without working off. By the way, if, on the contrary, the relationship with the management is bad, this method can also work - not every director will want to keep an unpleasant person on the company’s staff for extra days.
2. Special circumstances. If the boss is not ready for negotiations and has no desire to put himself in the position of the employee, then there are still ways to leave the position without working out. There are categories of employees who, due to current circumstances, are in principle not obliged to warn management about their upcoming dismissal. These include:
   • students enrolled in full-time departments of educational institutions. But to confirm this fact, you will need to attach a corresponding certificate to your resignation letter;
   • employees upon reaching retirement age;
   • conscripts for military service;
   • employees whose rights have been repeatedly violated by the employer. However, evidence of this must be recorded in some documents. Excess of authority by superiors, violation of articles of the Labor Code, or some other unlawful actions - all this may be grounds for an employee to leave his position without prior notice to management.
3. Other reasons. For example, if an employee has serious health problems or special circumstances in the family and some aspects of his personal life, he may well leave work without notice. It could be:
   • a long-term work trip of the spouse resigning from another region of Russia or to another state with the provision of a place and living conditions for his entire family;
   • an employee’s change of region of permanent residence, including due to a sharp deterioration in health;
   • pregnancy; (Read also material)
   • presence of children under 14 years of age requiring special care;
   • presence of three or more children in the family. At the same time, both the mother and the father from a large family can quit without working out, but on the condition that all children have not reached the age of 18 and are schoolchildren or students;
   • responsibility to care for a close relative who needs special care and attention for health reasons.

Important! All these circumstances must be indicated in writing and also supported by documents by attaching the necessary certificates to the resignation letter.

Two more indisputable reasons for immediately leaving work without unnecessary delays are the liquidation of the enterprise or dismissal due to reduction in headcount or staffing.

Going on vacation: dismissal without notice

Another way to leave work without subsequent work is to go on vacation (including at your own expense).

This option is also possible if the vacation has not yet been used, because According to the Labor Code, upon dismissal, management is obliged to provide an employee with two options for vacation compensation: either pay vacation pay in monetary terms, or provide vacation for a period of two weeks of work. In any case, it is better to coordinate your choice with your manager in advance. However, even if an agreement fails, management does not have the legal right not to allow an employee to go on vacation, just as there is no right to refuse to fire him immediately after returning from vacation.

Sick leave instead of working off

The Labor Code of the Russian Federation nowhere directly states that after writing a letter of resignation, an employee must work for two weeks. This is most likely due to the fact that the law protects the rights of hired personnel more than employers. In fact, the above fact is a loophole for those who do not want to work out under any circumstances. For example, many quitters use sick leave as a way to leave a position without prior notice to their superiors.

Everything is done very simply: the employee writes a letter of resignation, and then goes to the clinic and registers sick leave there.

Thus, the certificate issued by the doctors will indicate the time frame within which the employee is released from work. And since most often two weeks are given as sick leave to people with minor health problems, then after the allotted period you can safely go to the personnel department for a work book and to the accounting department for pay slips.

Dismissal due to employer violations

If the terms of the employment contract are violated by the employer, 2 weeks notice is not required; you can stop working immediately. However, you should not look for violations to avoid a two-week conscription - there are other legally acceptable ways. In addition, for such dismissal to be lawful, the fact of violation of the terms of the employment contract must be recorded and proven.

To do this, an unfairly offended employee must take a number of procedural actions: file a complaint with the relevant authorities (trade union, labor dispute commission, etc.) and wait for the results of the inspection. The results will not necessarily be in favor of the employee: often the employer’s violations are controversial and unprovable. In this case, the employee’s only option is to go to court.

Dismissal through court

Sometimes it happens that the management of an organization does not want to let an employee go without work, even if the latter has all the necessary legal grounds, documents and certificates for this.

In this case, to restore justice, the employee has the right to go to court. However, it is not always appropriate to do this, since court proceedings usually last several months and take too much effort and time from the parties. It is much easier for the parties to try to agree on dismissal without working on a voluntary basis. This, among other things, will help maintain good relations between them.

To summarize, we can say that dismissal without service is quite possible. There are legal methods for this that require documentary confirmation from the resigning party, as well as some legal loopholes. With the right approach, any employee can find a way to leave work without prior warning to their employer.

What if you change your mind about quitting?

The application has been written, two weeks have not yet passed, but the employee’s plans to leave the employer have changed? That happens. What to do in this case, if the employer has nothing against continuing the working relationship?

The law allows the resignation letter to be withdrawn any day before the date specified in it. Two weeks before “hour X” is not a special “buffer zone”, but ordinary working days, during which the employee enjoys all the rights of an officially employed person. There are some important nuances to consider.

1. If you intended to take leave before leaving work and change your mind, it is advisable to withdraw your application before the start of your leave.
2. If the boss says that he has already invited a new employee to take your place, demand a written agreement - mere words are not grounds for refusing to withdraw your resignation letter.
3. If the resignation letter was written forcedly and under pressure, it can also be withdrawn. If management refuses to return the application, and this most often happens, ask for a written refusal explaining the reasons.
4. In all cases where the employer interferes with the employee’s legal right to withdraw his application within the prescribed period, he can go to court. Judicial precedents indicate that in such cases, judges most often side with the hired personnel.

If two weeks have passed, you have not withdrawn your application, and your boss is also not against you staying, you can simply continue working as usual - no additional registration steps are required. Since there was no order or issuance of a work book, the dismissal did not officially take place, the application simply becomes invalid.