Two-week working hours upon dismissal on their own. Dismissal of your own free will without working off - in what cases is it possible

Date: 15.10.2019

Most working people who want to change their field of activity or move to another company are interested in the question: is it possible to be fired without working off? According to the Labor Code of the Russian Federation, a resigning person is obliged to work in the same position for another 2 weeks after submitting an application, but there are exceptions in which it is quite possible to dismiss at will without working off. The easiest way is to come to an agreement with the manager, and in the presence of certain circumstances and grounds, you can leave the enterprise without violating the norms of labor legislation.

Having found new job, many ask the question: is it possible to lay off without working off? In this case, potential employers often demand to start working duties immediately after the interview and approval of the person for the position, however, if he has not yet quit his job, certain difficulties may arise.

Despite the fact that working off for 14 days is more the rule than the exception, one-day dismissal is also provided for by the Labor Code of the Russian Federation. To leave the company as soon as possible after submitting an application, it is enough to know what is the basis for a quick dismissal and what tricks there are to avoid staying at the same job.

Application for dismissal without working off

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

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

In most cases, employers easily sign the employee's application, but there are situations when they categorically refuse to do so. Here it should be borne in mind that obligatory sighting is not established in the Labor Code of the Russian Federation. of this document, therefore, those leaving can send it by registered mail, register it with the secretary as incoming correspondence, or register it at the office.

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

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

Reasons for dismissal without working two weeks

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

if the employee entered the full-time department of the university and cannot or does not want to combine work with training;
when the employee retires and does not intend to continue working;
if the resigning person violated the internal rules of the company or the norms of the Labor Code, and the manager insists on dismissal of his own free will. There is back side: It is likely that the article on which the contract with the subordinate was terminated in the "reasons" column may also be included in the work book.

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

if the employee moves to work in another city or country. The supporting document may be a passport with a mark of deregistration;
if the spouse of the employee is sent to work abroad. Here you may need a certificate of transfer from the previous place of work;
if the subordinate moves to another area for permanent residence. It should be noted that in the Labor Code of the Russian Federation there are no clearly marked documents that must be provided to the employer to confirm their intentions to move, so the only correct way out is to discuss all the details with him in advance in order to avoid misunderstandings and disagreements;
if during medical examination it was revealed that a person cannot continue to work for certain indications. In this case, the employee can be dismissed of his own free will in one day, but the manager has the right to demand the appropriate health certificates;
if the employee is caring for a sick relative or a disabled person of the 1st group. This will require a medical report.

Such valid reasons for dismissal without work are a legal basis for the early termination of employment, since all of them are indicated in Art. 80 of the Labor Code of the Russian Federation. It should be borne in mind that pregnant women, as well as pensioners and parents raising disabled people or children under the age of 14, can also quit in this way. This also includes spouses who have three or more children under the age of 16, or students under the age of 18.

How can you avoid working off without violating labor laws:

agree with the manager about dismissal on a certain day. This method is suitable only for those who maintain friendly relations with the director and can be sure that he will fulfill the terms of the oral agreement. If the employer promised to dismiss the employee on a certain day, but did not do it, in the absence of grounds for quick dismissal, he will still have to work out 2 weeks if he wants to, otherwise, if he does not go to work within 14 days after filing the application, they will considered truancy. It is fraught negative consequences: the director will be able to safely dismiss the subordinate according to pp. a paragraph 4 of Art. 81, since a verbal agreement is not evidence;
calculate in advance the date of dismissal. For example, if you need to resign on September 14, then the application must be submitted on the 1st of this month. Many people forget about this method, although it is the most reliable;
write a letter of leave followed by dismissal. It is advisable to submit the document as early as possible, the most important thing is to be in time before the start date of the vacation. This option has legal grounds, and you can resign when leaving both on regular and extraordinary leave;
go on sick leave for 2 weeks, followed by dismissal without working off. Everything is very simple here: all you need to do is visit a doctor and then apply for leaving at the place of work. Thus, after receiving a certificate of incapacity for work, the resigning person can safely go for work book to the old place of work. It should be remembered that this method is suitable only for those who are really sick, since the legislation provides for punishment both for the doctor and for the patient in the event that the latter does not have any signs of the disease, and he needs a sick leave to solve his own affairs and problems. The application can be submitted directly while on sick leave, in order to immediately pick up everything from the previous place of work after leaving Required documents.

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

How to quit on the day of application?

There are circumstances under which, instead of two weeks, it is possible to go through work in 3 days upon dismissal of your own free will:

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

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

For those who do not know whether it is necessary to work out 2 weeks upon dismissal, or you can limit yourself to one day, this information has great importance, because if there are grounds for canceling the detention, then they should be used. This will allow you to go to another job on time or start other business that was the reason for such a quick departure from the old place.

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

Life does not stand still, and sometimes a person has a desire to leave his current job, or, simply put, to quit. The desire is completely legitimate, and it is comprehensively regulated by the current Labor Code (LC) of the Russian Federation.

As part 1 of Article 80 of the Labor Code of the Russian Federation interprets, an employee, intending to quit, must inform the management about this 2 weeks before the planned event. Such a period is provided for in the legislation in the interests of both the employer and the employee himself:

the employer will look for a replacement for the exempt workplace; at the same time, he must meet in 14 days, which are counted from the date following the date of filing the application;
the employee is allowed to change his intention, and 2 weeks are given to him for reflection; during this time, he has the right to stop the dismissal process and stay to work in the same place.

It often happens that hesitation is discarded, moreover, a person does not want to wait for the prescribed 14 days. For quick release from job duties there are several ways.

Most convenient way to quit quickly - to agree with the authorities so that they accept the option of dismissal that suits the employee. After all, the manager is not obliged to demand a two-week working off, this is only his right: as Article 77 indicates, an employment contract can be terminated at any time.

Therefore, if there is no harm to the work process, then the employee is released on the day he indicates, albeit the next after the application is submitted.

In this case, there is no need to change the wording of the grounds for dismissal "on the initiative of the employee", he is simply dismissed before 14 days have expired. In order to avoid misunderstandings, it is advisable to draw up a written document that will indicate the agreed term of working. The only limitation is that it cannot be more than 14 days.

You can also quit quickly, but with a different wording - "by agreement of the parties." She is in recent times gained a certain popularity, because it is convenient for both the employer and the employee:

gives the right to avoid detention;
allows you to provide additional payments, or, conversely, to avoid them;
the application cannot be canceled by one of the parties, mutual consent is required. In contrast to dismissal "of their own free will", when an employee unilaterally may change his mind about leaving. This change of intention can be extremely inconvenient for the leader.

Dismissal "of their own free will" without working off

But you can not rely on the goodwill of the authorities, but take advantage of the rights that the Labor Code of the Russian Federation gives to citizens.

There are listed the reasons for the termination of cooperation, which allow you not to work out for 2 weeks. Here the opinion of the manager does not play a role, and the employee is dismissed immediately after the application is submitted.

The conditions allowing to leave without working off are supported by appropriate documents, they must be attached to the application for leaving.

Here is a list of reasons for canceling 2 weeks' detention.

Part-time workers and disabled people are exempted from working off. There is no need for additional documents, they are available from the personnel officers.
A single mother with a child up to 14 years old, or a woman in whose care is a child (or relative) with a disability, or a pregnant woman - leave without work.
A woman who has a child under 3 years old, regardless of her marital status, has the right not to work for 2 weeks upon dismissal. Parents with many children with 3 or more children under 16 also enjoy this right.
If you have signed a seasonal contract or any other contract for 2 months, or are on a trial period, then you must notify of your intention to quit 3 days before the expected date. In this case, working off lasts no more than 3 days.

Depending on the circumstances that an ordinary person may get into, it is possible to fire him without working off. These include the following cases.

Draft into the army, election to a public office, enrollment in a university or secondary school for a hospital (a summons, a call to study or other documents are presented).
Occurring health problems that interfere with the performance of work duties, or inappropriate climate. Here the supporting documents are provided by medicine.
Change of residence, business trip of the spouse to the place of service, including abroad.
If the reason for the dismissal was a documented violation of the law by the employer, then there is no question of working off.

The approach to retirees is the same as to other citizens. There is only one moment when they are given the right to quit without work: this is the retirement itself.

Suppose a person works in a business or is employed individual entrepreneur, and at some point reaches retirement age. Here he has the right to both quit and continue to work further. He can resign later, at any time convenient for him. It should be remembered that the manager has no right to initiate his dismissal.

If, in the end, the employee decides to switch to retirement security, then he writes a letter of resignation "in connection with retirement." In general, in accordance with Art. 80 of the Labor Code of the Russian Federation, it is not necessary to indicate the reason, but now it is in the interests of the employee: he receives a privilege in the form of the right to leave without work.

You can resign "in connection with retirement" once in your life, on the first dismissal after reaching retirement age.

If after some time the pensioner gets a job again, then he will quit on a general basis: in the event that the usual application is written "of his own free will." If it contains an indication that the author is a working pensioner, then the duration of work is reduced from 2 weeks to 3 days.

How to avoid two weeks of presence at work during the working period?

Such an opportunity is given by Art. 127 of the Labor Code of the Russian Federation, regulating the provision of vacation.

An employee planning a layoff writes a vacation application with subsequent dismissal. He leaves work on the day he needs, and working off is counted as vacation days, including unused days.

You can do the same when going on sick leave - with the subsequent termination of cooperation. Only in this case, in addition to the application, it is necessary to provide sick leave.

All these options are possible only with the consent of the management. The employer is not obliged to accommodate the quitting employee. He can show good will, and only if it does not harm the production process.

Features of dismissal of employees of individual entrepreneurs

The Labor Code of the Russian Federation regulates the relationship between individual entrepreneurs and employees in the same interpretation as in the general case. In essence, individual entrepreneurs are the same participants in civil law relations as commercial companies, and have the same employer status.

The basis of the relationship with employees is the contract. Specific grounds for dismissal can be introduced into it, this allows you to do Art. 307 of the Labor Code of the Russian Federation.

So, the basis for the termination of the contract may be the employee reaching retirement age, or another event. By signing the contract, the employee undertakes to recognize the legality of such a clause and agree to its implementation.

The terms of the notice of dismissal can also be indicated in the text of the contract. If this is not done, then the individual entrepreneur is guided by the relevant provisions of the Labor Code of the Russian Federation. The employee does the same, if he decides to quit - he warns the employer 2 weeks in advance. If the work is seasonal, or the term of the contract does not exceed 2 months, then you can quit 3 days after submitting the application.

Dismissal of one's own free will is a wide field for interaction between an employee and an employer. There are many nuances here, which in most cases are regulated by legislation. Judicial experience, for its part, clarifies many controversial situations that now and then arise in practice.

Both parties must exercise prudence and knowledge of the laws when entering into an employment relationship. This will save workers from losses, and employers from fines and sanctions.

There is an opinion among employees that it is worth writing a letter of resignation, then you can immediately stop fulfilling your obligations under an employment contract. This position on this issue, it is fundamentally incorrect and is not based on existing legal norms that govern the procedure for the relationship between the employer and the employees of the enterprise. An employee cannot consider himself free from the obligations assumed in employment from the moment he notified the management of the organization in writing about his departure.

Compulsory service upon dismissal of one's own free will upon termination of an employment contract at the initiative of an employee

In accordance with article 80 of the Labor Code of the Russian Federation, upon dismissal of his own free will, the employee must warn the employer of his decision to terminate the employment relationship two weeks before the date of termination of work. Therefore, there can be no ambiguities in the question of whether it is necessary to work out two weeks upon dismissal, since this period after filing an application until the date of the end of his activities at the enterprise, he must be at the workplace and do his job. This time will be considered a worked two-week period.

In this case, the legislation takes the side of the employer and protects his right to an uninterrupted work cycle and protects against possible financial and other losses in the event of a sudden termination of employment by employees of the enterprise. Each company builds a whole chain of relationships in various directions to ensure its activities and derive commercial benefits, for example, interaction with suppliers, with transport companies, with buyers, etc. The loss of one of the links can lead to disruptions in work, therefore, the employer is given a period to exercise his right to maintain the normal functioning of all established processes at the expense of time, which, according to the state, will be sufficient to look for a replacement for the quitting employee.

Of course, the given example exaggerates the colors, but it only at first glance seems unrealistic that so much depended on one employee. But it is worth presenting a picture of what could have been if it had not been for these two weeks. Everyone could leave the workplace without restrictions and move on to another job. So with the help of the law, deterrents are included, giving time to resolve all issues before dismissal.

Employees can easily report on their obligations to the employer, and those, in turn, can find a qualified replacement for them. Asking the question of how not to work out two weeks upon dismissal, in this situation, it is impossible to get an unambiguous answer. In each specific case, the employer decides everything, if he finds a replacement immediately, as soon as he learned about the employee's desire to quit, it makes no sense for him to keep the employee and therefore the working time can be reduced or canceled altogether. Such an order cannot be considered as forcing the employee to fulfill his functional responsibilities against his will and does not infringe on constitutional rights and freedoms. In any case, informing the employee about the need for two-week work is reflected in the employment contract. The fact of familiarization with this procedure is recorded by means of a signature.

It is also not considered a violation of anyone's rights if, with the mutual consent of the parties, a clause on more early date notifying the employer if the employee wants to quit. It can be a month or two - the main existence of mutual agreements, confirmed in writing when drawing up employment contract.

In some cases, the employee himself may contribute to a significant reduction in the working time or completely avoid it if he is offered a candidate for his position, suitable for all the criteria established by the employer. But the decision on whether it is necessary to work out two weeks upon dismissal still depends on the will of the employer. Because this is the employee's duty, provided for by law, and nothing except personal desire can influence the employer in making a decision.

Thus, it becomes clear that there is simply no legal basis for avoiding two-week work for an employee upon dismissal of his own free will. It all depends on personal relationships and established practices at the enterprise.

Do I need to work out two weeks upon dismissal by agreement of the parties

Termination of the employment relationship between the employee and the employer can be carried out on the basis of a written agreement, which defines all the nuances of the dismissal process. This opportunity is provided by Article 77 Labor Code... The initiator can be an employer or an employee who wants to solve their problems with the consent of the other party, subject to the provision of certain preferences.

A frequently asked question when considering this form of termination of employment is whether it is necessary to work out two weeks upon dismissal. In this case, none of the parties is dominant, and no one gets advantages in determining the order of dismissal. Each point of the agreement will be the fruit of joint efforts to find mutually beneficial terms.

Therefore, there can be no question of compulsory work. We can only talk about the discrepancy between the date of signing the contract and the date of completion of work, this time will be considered the time worked before dismissal. But this fact is not a prerequisite. This form of termination of employment is beneficial primarily for the employee, if the initiative comes from the employer.

It should be borne in mind that if the management has matured the desire to fire the employee, and besides dismissal by agreement he has no other grounds, then the employee has only one thing to do - to make the dismissal as beneficial as possible for himself.

The lack of working off is only the smallest fraction of the benefits that it gives this way termination of employment. An important positive moment for an employer upon dismissal by agreement of the parties is the inability to return the dismissal process that has been launched back after the signing of the agreement. This fundamentally distinguishes it from voluntary dismissal, when an employee can withdraw his letter of dismissal at any time during the period of mandatory two-week work.

Thus, we can conclude that even in the case when the law regulates the compulsory working time, it can be avoided by agreeing with the employer on the basis of mutual benefit or when circumstances arise that he considers to be valid.

The employee's ability to terminate employment with the employer at will is guaranteed by Art. 77-78, 80 TC. But on general rule a specialist is obliged to inform his superiors about his intentions 14 days in advance. It is believed that during this period the head of the enterprise will be able to find a new employee without disrupting the work process.

But the same Art. 80 of the Labor Code states that in special cases, a citizen can terminate cooperation with an employer without any work. For this, a person must have a good reason:

an employee has become a student at an educational institution;
transition to the status of a pensioner;
the employer violated the rules labor law(for example, he delayed the payment wages, but the fact of violation must be documented in the form of an act of labor inspection);
other cases.

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

the need to move to another place of residence;
the spousal partner is transferred to work in another city or country;
the results of the medical certificate indicate that the citizen can no longer work in this production or live in this area (you need to present the employer with this medical certificate);
the dismissal of a citizen is associated with the need to look after a seriously ill relative, a disabled child, a child who has not yet turned 14, as well as a person with 1 disability group;
a pregnant woman wishes to end the employment relationship.

Some workers believe that after writing a standard letter of dismissal, they can ask the employer to end the employment relationship with them immediately. This logic is wrong.

If a person has legal basis do not work for 14 days, he must write a statement in which to indicate the reason for the urgent dismissal. In addition, it is worth providing documents that confirm the basis for early labor agreement... Otherwise, a citizen can earn several absenteeism, and then risk being fired under the article.

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

It should be noted that the requirement of working off is not a prerequisite. In Art. 80 of the Labor Code, mentioned above, states that in case of mutual agreement, the employee may be dismissed on the day the application is submitted.

Dismissal after three days of work

The Labor Code identifies several categories of workers who need to work 3 days rather than 2 weeks. These workers include:

persons who passed a probationary period at the enterprise. In this case, both the employee and his employer can act as the initiator of the termination of the employment agreement. In the first case, the employee is required to write a letter of resignation. In the second case, the head of the enterprise issues an order to dismiss the person who has not passed the probationary period. Dismissal due to unsuccessful passage probationary period is allowed only if it is spelled out in the employment contract.
persons who have been hired for a maximum of 2 months. This possibility is provided for in Art. 292 TC. The procedure for the notification of the intention to terminate the employment relationship is no different from the previous case.
persons who were hired for seasonal work. This is stated in Art. 127 TC. If an employee wants to quit, then he is obliged to inform his superiors about his decision 3 days in advance. If the initiator is the head of the enterprise, then the warning must be made 7 days in advance.

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

Go away vacation and then quit

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

The duration of leave with further dismissal should not be less than 2 weeks. But there is one caveat: only the employer decides whether to give his subordinate leave before the immediate dismissal or not. The person planning to quit is obliged to indicate in the application the exact date termination of the employment contract. This approach will avoid many disputes and disagreements.

Sick leave with further dismissal

For labor law, sick leave before dismissal is fantastic. This method of termination of employment is prohibited by law, and in the event of legal proceedings, such actions can be regarded as abuse.

But if you actually got sick and issued a sheet of temporary disability, then during the sick leave you can write a letter of resignation. However, such an employee will be able to quit only after the completion of the treatment.

The parties agreed to dismiss

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

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

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

the basis for the termination of labor relations, recorded in paragraph 1 of Art. 77 TC;
the date by which the employer is obliged to provide a written response to the received offer.

A written response is sent only if there is a disagreement between the parties to the employment agreement.

Secrets of the correct execution of an application for early dismissal

If a citizen knows that he has the right to dismissal without working two weeks, he needs to correctly declare his right. This is done with a written statement, which should contain the following information:

position and name of the specialist who is authorized to accept such applications;
the name of your employer;
Full name, as well as the position held of the dismissed employee;
the text of the statement, which expresses the demand for dismissal and the reason for early dismissal;
at the end, it is required to indicate the date of registration of the application, as well as to sign the applicant.

One statement is not enough for the head of the enterprise to let the specialist go without any work. You will increase the chances of a positive decision from your superiors if you show supporting documents.

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

It is best to draw up an application on an approved company form. But if the company has not developed such a form, then the application can be written on a regular A4 sheet.

The employer objects to dismissal without work

Often there are cases when the manager does not want to break off the employment relationship without working off, despite the fact that the employee has a good reason to terminate the employment agreement. On the one hand, you can understand the leader. The sudden departure of a specialist disrupts the work process, because he needs time to find a new good employee.

If the circumstances of the employee do not allow him to work for two weeks, he can go to court with a claim against his employer. But the process of protecting one's rights in this way will take a lot of time, nerves and money into a citizen. It is clear that such a course of development can hardly be called beneficial for the employee. It's easier to work out 14 days already.

But if an immediate dismissal is necessary, the employee can try to find a replacement for himself on his own. In most cases, managers are comfortable with this option. They are relieved to release a resigning citizen immediately on the day of dismissal. But if in this case the employer goes on principle, the only solution to the problem is to go to court with a claim against the head of the enterprise.

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