No need to work out two weeks dismissal. Development when dismissal at your own accord: how to quit without work

As a general rule, in accordance with part of the first Tk of the Russian Federation, the employee has the right at any time on its own initiative to terminate the employment contract, warning the employer about this in writing no later than two weeks, unless otherwise established by the Russian Federation or other federal law. The course of the specified period begins the day after receiving the employer of the employee's application for dismissal.

Before the expiration of the warning of the dismissal, the employment contract may be terminated by agreement between the employee and the employer (part of the second TC RF). In this case, only the employer's consent is sufficient to terminate the employment contract.

Also, labor laws are determined by cases where the employer is obliged to make dismissal within the period specified in the statement of the employee, regardless of the expiration date of the employer on the termination of the employment contract.

Thus, the employer is obliged to terminate the employment contract within the period specified in the statement of the employee, when the application of the employee about the dismissal on his initiative (at wish) is due to the inability to continue their work.

In other words, the obligation of the employer to terminate the employment contract in the period specified in the statement of the employee, it comes in the presence of certain objective reasons that determine the impossibility of the employee to continue work. This was confirmed by the Supreme Court of the Russian Federation in 16.11.2006 N GKPI06-1188.

TK RF as an example, only two circumstances of the dismissal of the employee in connection with the inability to continue to work, noting what others are possible.

In this regard, we note that in paragraph 7.2 of the clarification of the State Protection of the USSR and the Secretariat of the WCSPS of 10/25/1983 N 8/2-31 "On some issues related to the application of legislation on labor discipline" Along with cases of enrollment in an educational institution, Pension, as a valid reason, on which it is impossible to continue to work, is named moving to another locality. The Plenum of the Supreme Court of the Russian Federation refers to the valid reasons for dismissal the inability to continue work due to the direction of her husband, his wife to work abroad, to the new place of service (paragraph 22 of the Resolution of March 17, 2004 N 2 on the use of the courts of the Russian Federation of the Russian Federation "( Next - Resolution No. 2)).

Thus, the impossibility of further work of the employee should be determined in each case, taking into account specific circumstances.

In addition, the employer is obliged to terminate the employment contract within the period specified in the statement of the employee, in cases of established violation by the employer of labor legislation and other regulatory legal acts containing the rules of labor law, local regulations, the conditions of the collective agreement, agreement or employment contract. These violations can be established, in particular, by state supervision and control by compliance with labor legislation, professional unions, labor dispute commissions, by the court (paragraph 22 of the Resolution No. 2).

In other cases, the employee, within two weeks after submitting an application, is not exempt from the performance of its employment duties. Evasion from their execution can lead to the dismissal of the employee for the program (paragraph 39 of the Resolution No. 2, the Lipetsk Regional Court of 11.08.2008 No. 33-1446 / 2008, the Moscow City Court of 24.06.2010 No. 33-16033).

The answer prepared:

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Naumchik Ivan.

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The material was prepared on the basis of an individual written consultation provided within the framework of the legal consulting service.

In this article, I will tell you about how disagree without two weeks According to the Code of the Labor Code of the Russian Federation.

The Labor Code (TK RF) indicates that the employee submitted statement On dismissal, should work at least two weeks. However, there are ways to avoid this work. How exactly the worker should do to quit without work - you will learn from this article.

○ Labor code and dismissal without working out.

By itself, working out in two cases of dismissal:

1. At your own desire - 2 weeks (Article 80 of the Labor Code of the Russian Federation).
2. To reduce the state - 2 months (Art. 180 of the Labor Code of the Russian Federation).

However, the second option is usually not considered to work, in addition, it is all entirely depends on the employer - it has the right to dismiss the employee before, paying compensation for the indispensable time.

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

○ Instructions: How to quit without work out 2nd weeks?

So, you wish to quit, but at the same time do not want to work out for the law two weeks (let's say you are already waiting for another work, it is planned to learn abroad, or there are other reasons to hurry). What can I do here?

1. It should be remembered that the period specified in Art. 80 TC RF is not a hard requirement. In the same article it is stated that with the consent of the enterprise management, you have the right to quit at any time. Consequently, if you have a normal relationship with the employer, you can not work out for two weeks.
2. You can also offer an employer to dismiss you by agreement of the parties (Art. 78 of the Labor Code of the Russian Federation). With this option, all the conditions of dismissal can be reduced to two words - "how to agree". You can agree on the terms of dismissal, you can overtake yourself a day off, you can discuss other conditions related to the termination of the employment contract.
3. For some cases, law and regulatory acts make exclusion from the general rules and allow you to demand dismissal on that day when it is convenient to employee. TK RF relates such cases:
   • retirement;
   • admission to study;
   • gross violation of labor legislation by the management of the enterprise;
   • other cases when continuing work is impossible.

Partially other cases are deciphered in acts, some of which were taken during the USSR, however, which else act. In the example, such cases include:

In the event that the employer does not consider these reasons with respectful, you have the right to apply to the court or the Rostrudinsky.

• Moving to another region or city;
• The spouse (spouse) of the employee is transferred to work in another region or abroad;
• The impossibility of living in this area, confirmed by the conclusion of the Medical Commission;
• The inability to continue to work at the enterprise due to the disease (also confirmed by medical documents);
• The need to care for a child-disabled child or other familiar family member;
• Pregnancy.

The fired employee is entitled not to appear at work during the development, if it is on the hospital. In this case, the days of the disease are counted in the score.

Finally, with the consent of the employer, it is possible to combine the term of exhausting with leave, submitting an application for leave with subsequent dismissal.

I hope that this information will be useful to you.

Dismissal at your own desire without working out, sample application

Each employee has the right to dismissal at its own desire without working, if he reaches an agreement with the employer.

The employee must warn the employer about dismissal in 2 weeks. This period is called "working out", although such a concept in labor legislation is not provided.
These 2 weeks are called the warning period during which the employee finds a new job, and the employer of a new employee, or is trying to "keep" dismissal.

But in Art. The 80 TC of the Russian Federation regulating the dismissal on the initiative of the employee is provided for dismissal without working out a two-week term.
There are 2 orders of dismissal of an employee without working out of the Land Labor Code of the Russian Federation:

• establishing the parties to another period of testing not exceeding 2 weeks;
• conclusion of a dismissal agreement.

The worker and employer may agree on the establishment of another period of working out. For example, a week. This is not prohibited by labor legislation. The main condition - the term cannot exceed 2 weeks established by law.

Also, the parties can sign an additional dismissal agreement without working out.

How to resign oneself from work on your own accord without work

Parties can agree that the worker is dismissed the day after submitting an application. Such a dismissal is better to make a document, concluding a dismissal agreement.

In this agreement, you must specify:

• the basis for the dismissal of the employee. In this case, according to your own accord;
• last working day and day of dismissal. These dates may not coincide, so you need to specify them. If they match, it is also worth indicating;
• the size of all payments that the employer should produce:
  • salary for actually spent time;
  • compensation for unused vacation;
  • other benefits provided for by the labor or collective agreement.
• the preamble of such an agreement should be the same as in the employment contract;
• it is necessary to make a reference to the employment contract, which is terminated - to specify its number and date of conclusion.

The agreement is drawn up in two copies and is signed by both parties. One copy remains at the employee, the other has an employer. At an instance of the employer, the employee must put his signature and write an "instance of the agreement".
The agreement is written in more detail, the less chances of the employee challenge the dismissal in court. And although the law does not provide for the conclusion of such an agreement at mandatory, as practice shows, such an agreement is better to conclude.
It will save both sides of the contract from the unscrupulousness of each other.

In art. The 80 Tk of the Russian Federation also presents the grounds for which the employee may be abolished without working out a two-week term, even without the consent of the employer:

• call an employee for urgent military service;
• start of study in the highest or secondary vocational educational institution. For dismissal, it is necessary to bring a certificate from the educational institution about enrollment;
• retirement;
• violation by the employer of the norms of labor legislation.

As judicial practice shows, an employee may quit without work out in the following cases:

• the discovery of a professional disease that does not continue to fulfill its employment with its employment functions;
• violation of health status that does not allow to live in this area;
• Moving to a new place of residence;
• Official movement of spouse or spouse.

trudinspection.ru.

We write an application for dismissal at your own request.

Decided to quit at their own desire, but do not want to work out for two weeks? Or, on the contrary, have already reported leadership about their decision, but changed his mind to dismiss? Let's talk about the subtleties of termination of the employment contract on the initiative of the employee. Let's tell me and the employee on how to properly write an application for dismissal.

The following situation was sent to writing the article: Recently, one boss forced her employee to write an application for dismissal at his own request. Moreover, in this situation, it was not necessary to work out for two weeks. Under the threat of dismissal on the article, this employee wrote the paper wrote, but by reflection, decided so simply not to give up. Before you withdraw him, she decided to carefully examine theory and find out how to write an application for dismissal and how to deal with their rights, if in fact the desire was not there. So let's start in order.

Work for two weeks

An employee who decided to terminate the employment contract must warn about this employer no later than two weeks (h 3 of Article 80 of the Labor Code of the Russian Federation). This period begins from the day following the day when the employer received an appropriate statement from the employee. The main formula is "I ask me to dismiss me at your own request." Below is a form of application for dismissal:

An example of a layout for dismissal can be downloaded and used by adding your data.

To the question, do you need to follow the warning period or not, the TC RF is responsible:

That is, to reduce the warning period, an agreement is required between the parties. There are situations where such consent is not required and the employee has the right to terminate labor relations in the period specified in his statement:

• enrollment in the educational institution;
• retirement;
• changing of the living place;
• disabled treatment of the 1st group;
• violation by the employer of labor legislation.

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

In order to simplify the paper work, you can prepare for employees an exemplary application form for dismissal or form a folder on a corporate server containing a set of samples of personnel documentation, including a sample, how to write an application for dismissal at your own request.

Materials on the topic

How to make a vacation right with subsequent dismissal

The worker has the right (not the fact that this right will be implemented by the employer), before quitting, to go to paid leave. Article 127 of the Labor Code of the Russian Federation states that the employer can provide a vacation at the request of an employee before its departure. The legislation clearly does not regulate this issue, so the employee can write both one and two applications (meaning to dismissal and for the coming leave). There are no unequivocal recommendations in this case, focus on the order of document management, the bodies are accepted in your organization. The text may sound like this:

Please provide me with an annual paid vacation with subsequent dismissal.

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

Materials on the topic

Calculation when dismissal: how much and when to pay

All compensation, vacation and salary company is obliged to pay the employee on the last day of his work. If on the day of termination of the contract, the full calculation employer did not produce, it is obliged to compensate for the leaving employee its error in the amount of not lower than 1/150 by the current time of the key rate of the Central Bank from the amounts of delays not paid within the deadline after the deadline Payments and on the day of the actual calculation and issuing a completed employment record inclusive.

If before the termination of the contract, the employee first goes on vacation, then the calculation and issuance of all documents must be made before leave. If for some reason your workbook does not give you - 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 the issuance of the employment record on the day of the employer, he must refund the worker material damage in the form of a deferentable earnings for all the time of delay, if the lack of workbook in the hands of the workbook prevented the employee to get a new job. Moreover, the day of termination of the contract in this case will not be considered the day that is listed in the application, labor or order, and the day of the actual issuance of the employment record of the workbook (paragraph 35 of the Decree of the Government of the Russian Federation of 16.04.2003 No. 225 "On Labor Books" ).

As the Labor Code says in this case, the dismissal of his own request is made to a new date by order, and an entry into the employment record is made. Previously made record about the bottom of the dismissal is invalid. In order to fulfill all these actions, you need to contact the former employer with a written statement about the issuance of a detainee workbook, compensation for incomplete earnings and about changing the record of dismissal in the workbook on the date of the actual issuance of it.

If the employer refuses to voluntarily fulfill your requirements, you need to go to court. But remember that this can be done only during the month from the day you were dismissed (Art. 392 of the Labor Code of the Russian Federation). If the month has already passed, it is better that the delay have good reasons. And although the court is not entitled to refuse to make a claim based on the skipping of claims, but if the defendant, that is, the employer will declare this, the court can and lose (if the court does not decide to restore the statute of limitations). So follow the time or reserve respectful reasons.

The employer's responsibility for storing the former employee's workbook is excluded if two conditions are fulfilled:

1. The worker did not appear behind her on the day of dismissal.
2. The employer sent a notice to the employee about the need to appear for the employment record or agree to its departure by mail.

Materials on the topic

The order of dismissal at their own request

Within two weeks of "working out", the decision of the care officer on their own will be annulled. After all, he has the right to withdraw his statement (Art. 80 of the Labor Code of the Russian Federation). If before this, the employee goes on vacation, to withdraw the document it may until the day of the beginning of the vacation. And if another employee is not yet invited to this place, who, in accordance with the law, cannot be denied the contract to conclude, nothing can prevent the employee return.

The Labor Code of the Russian Federation stipulates that another employee must be invited in writing. It is there is an unfounded approval of the employer "And I have already taken another, because you are dismissed at your own will" not work here. There must be written evidence.

In order to withdraw the first statement, you need to write a second. If the employer refuses you - demand from him a written refusal indicating the reasons.

If you write "At your own desire," you are forced to negotiate, in this case the next stage is the submission of a lawsuit. If you are not one such such, with forced care "on your own", invite everyone "offended" as witnesses. Now the courts in such disputes between employees and employers most often take the side of the first. And if the court won, the loser will oblige to restore you at work and pay a salary for all the time while this question was resolved.

We continue to work

But, let's say, two weeks have passed, you dismissal from work decided to cancel, and your bosses are not in a hurry with the calculation and refund. The TC RF provides that if in two weeks the employment contract is not terminated and the employee does not insist, then the statement "at the other request" loses legal force and the employee is not considered dismissed.

End of history

What ended the story with which we started an article? As expected, to pick up the applicant did not give, but the evidence of the invitation of another employee did not provide. Knowing how events will develop, the whole conversation with the boss will be recorded on the recorder, where and the phrase has fallen, proving that the paper "on his own will" was written under pressure. Now this employee submits a lawsuit to court and has already found witnesses, who also forced under pressure from this organization at their own request. With such evidence, she has every chance of winning this business.

We hope the article answered the question of how the application for dismissal is written. The layout template for dismissal on his own will will help not be mistaken in the compilation of this important document.

Dismissal "Without working two weeks": you can or not

The reasons for the termination of cooperation may be different: the transition to a more paid organization or reluctance to work on the proposed conditions. Many are interested in: can I quit "without working two weeks"? The answer to this question depends on the situation.

Legal

The wording "working out two weeks" is incorrect. According to Art. 80 TC RF, it is necessary to inform the director of the termination of cooperation. We are talking about the warning period, not additional responsibilities. Because the name is common, continue to clarify "throughout" this period.

According to the general rules, the dismissal "without working out two weeks" is impossible: first a written application is provided with an indication of the foundation and reference to the NAP, then at the disposal of the guidelines for 14 days to perform the calculations and the search for the candidate (calculus starts from the next day). But in practice you can get around this formality.

How to leave "without working 2 weeks": Possible options

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

1. Agree with the director of the enterprise.
2. Report as a statement by the reason for the dismissal "without work out", provided for by the TK RF.
3. Decor leave with the termination of cooperation in the future.
4. Have documentary confirmation of violations of management.
5. Make a sick leave with further dismissal (the availability of confirmation documents will be required).

Is it possible to dismiss "without work out" by mutual agreement?

This method is considered the most simple and convenient for all interested parties. When good relationships with the manual are established, or there is no need for a delay, by mutual agreement you can dismiss "without work out" even on the day of submission of the application.

Remember: if the employer agreed to prematurely part with subordinates, the basis of dismissal is preserved. That is, the formulation "At the initiative of the employee" does not turn into "by agreement of the parties".

For what reasons you can quit "without work out"

The individualitsa, who signed a contract for two months or the passing trial period, has the right to inform the authorities about the intent for three days. Tk of the Russian Federation regulates the most valid reasons for which the immediate termination of cooperation is possible. They are indisputable, the leadership opinion is not taken into account. Under what conditions you can quit "without working two weeks":

1. Enrollment to the Institute, College or University of Full-time Office.
2. The student worker goes to daytime training (from the evening or absentee).
3. The spouse or spouse of the employee declared employment outside the Russian Federation (on translation from the organization).

Who else has the right to quit "without working out two weeks"

An individual may leave the workplace without a warning period in three cases:

• raises a child with limited physical abilities;
• is a conscript in the army;
• plans to move to another locality.

Dismissal "without work out" by agreement of the parties

The initiator can be a boss or worker. It is worth noting that the basis of dismissal is not related to an agreement on the immediate termination of cooperation under paragraph 3 of Art. 77 TK RF.

The legislation does not have information about whether it is possible to quit "without testing 2 weeks" by agreement of the parties. Since termination is possible at any time (Art. 77 of the Labor Code of the Russian Federation), then with the consent of the employer and the employee it is possible to interrupt relations on the day of submission of the application. Make a separate written document will not be required.

Can a pensioner quit "without work out"

Some people continue to work after reaching a well-deserved rest. They are subject to requirements similar to ordinary employees (working conditions, payment procedure, etc.). But some privileges still have:

1. According to the part of the second Art. 80 Labor Code, dismissal of a pensioner "without work out" is allowed.
2. Such citizens relate to valuable personnel due to rich experience and knowledge, so in the event of a reduction, they have more chances to remain.

In practice, the dismissal of a pensioner at its own willing "without work" is usually occurring at the date, which is indicated in the application. The Labor Code does not establish restrictions on the time interval, but the director of the company cannot be delayed by such employees (many court decisions confirm this).

How to quit the pensioner "without work out"

The government is often considering the issue of increasing retirement age, since many continue to lead care activities. The company is also not interested in the loss of able-bodied people who have valuable experience and knowledge. The dismissal of a pensioner at his own request "without workshop" is possible under the observance of two conditions:

• a competently compiled statement;
• the presence of confirmation documents.

Formality is applicable to situations when a person has worked at the enterprise a certain time and reached the retirement age. But the question arises, what to do if labor activity lasted after entering a well-deserved rest? How to quit the working pensioner "without work out"?

Legislation does not provide specific answers, so controversial situations arise in practice. Bailiffs often protect the position of workers. To avoid conflicts, we recommend the management to satisfy the request and make the dismissal of the pensioner "without work out."

How to quit at your own will "without work"

For example, conflict arose between the parties. The employee filed an application for the termination of labor relations on the basis of paragraph 3 of Art. 77 TK RF and left the enterprise. In this case, the director has the right to issue dismissal for the row. The employee must know that the neglect of the deadlines is possible only subject to the rules of dismissal at their own will "without work".

A two-week period is given not only for the director, but also workers in order to think about the decision. At any time you can pick up the application and continue the activities on the previous conditions. But if you want to leave the organization immediately, the employee must:

1. Specify in a statement at your own request to dismiss "without work out."
2. Report, why there is no possibility to work out due time.

How to write an application for dismissal "without working out two weeks"

Any employee of the enterprise is entitled to draw up the document under consideration. For this, the standard A4 sheet is suitable. If the design is performed manually, the main requirement to the handwriting is intelligibility, accuracy. The presence of corrections is unacceptable. Sample application for dismissal "without work out" in print presented in Figure:

• cap - Requisites of enterprises and personal details of interested parties are noted;
• page Center - written "statement";
• the main part is a request and reference to the NPA;
• conclusion - the date of compilation and signature.

It is recommended that the employee is recommended to celebrate the causes of dismissal at their own "without work out", which are given in Art. 80 TC RF. They give the right to immediately leave the workplace (considered in subtitles 4 and 5 of our consultation). At the same time, the discrepancies of situations not regulated by the norms of law will be prevented.

How to be a man I want to quit, but the boss makes it worked for two weeks?

can I quit without work or need to work out and how should I calculate me to react to what time after dismissal?

According to law:
Article 80. Termination of the employment contract on the initiative of the employee (at esquisite)

The worker has the right to terminate the employment contract, warning the employer about this in writing in two weeks.

By agreement between the employee and the employer, the employment contract may be terminated before the expiration of the prevention of dismissal.

In cases where the statement of the employee on dismissal on his initiative (at wish) is due to the inability to continue their work (enrollment in the 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 The norms of labor law, the conditions of the collective agreement, the agreement or employment contract the employer is obliged to terminate the employment contract within the period specified in the statement of the employee.

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

After the expiration of the warning about the dismissal, the employee has the right to stop work. On the last day of work, the employer is obliged to issue an employee a labor book, other documents related to the work, on the written statement of the employee and to make a final calculation with it.

If, after the expiration of the warning about the dismissal, the employment contract was not terminated and the employee does not insist on dismissal, the work of the employment contract continues.

The declaration of dismissal on your own will be filed not only during work, but also during the period of temporary disability, staying on vacation, on a business trip, since the purpose of such a statement is not only timely terminate the employment contract, but also to prevent the employer about the dismissal It was possible to choose a new employee in advance.
If the declaration of dismissal was filed during work, and then the employee fell ill, he is entitled to terminate the employment contract during the period of temporary disability, if the 2-week warning period has expired. Disease time does not suspend 2-week warning period.
In addition, the warning period can be reduced by agreement of the parties to the employment contract, as well as according to the employee, when this statement is due to the impossibility of continuing the work (enrollment in the 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 the rules of labor law, the conditions of the collective agreement, agreement or employment contract.
In the presence of the current reasons, the employer is obliged to terminate the employment contract within the period specified in the application. If the warning period is reduced by agreement of the parties, the employee is dismissed from the date of reaching an agreement with the employer.
thus, as a result, we have the following: if there is an unused vacation - we go on vacation and write (being already on vacation) an application for dismissal; If the vacation is already used, then 1). You can take leave at your own account or 2). Write a statement about dismissal at your own accord and go to the hospital for 2 weeks.

Despite all of the foregoing, I advise all the same with a former employer lovely. Since if desired, the employer will still find ways to "turn the blood" to the former employee.

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Most recently, I decided to change the work, since I received a more advantageous offer, however, a limited amount of time was assigned to the meditation and device to a new company.

According to now, the current Russian legislation is necessary when dismissal after submitting the relevant statement to work for another 14 days, that is, 2 weeks. In fact, for me, these 2 weeks seemed completely inappropriate and uncomfortable, so I began to look for a way of dismissal without working out.

I will say immediately - ways to obtain similar conditions for dismissal exist, however, unfortunately, not everyone can use them, but such paths are satisfied with simple and almost do not require special knowledge and effort.

So, I had a question - whether it is necessary to work out when they dismiss 2 weeks, or it is not always mandatory for the fulfillment of the condition. It all depends on, let's say, the case and good luck, as well as the desire of the employee, it is rally if it is really a need, it is quite possible to dismiss and without working after submission of the application.

To begin with, it is worth understanding why there are these 2 weeks at all, because when you understand this issue, some things in this procedure will become much clearer and easier.

And the answer, in fact, is quite simple - an employer or organization just need to solve a personnel question, namely find a new employee to this position.

It is clear that it takes some time, as if there is no suitable ready-made candidacy, then you need to apply or notify an employee about a free vacancies and search for an employee in any other way, to spend several interviews, in the end, the most dismissal worker needs It is possible to transfer some cases or responsibilities to a new employee, if we are talking about some paperwork, or you also need to close all the debts to leave the case.

In addition, you should not forget that sometimes for these 2 weeks an employee and himself can change their mind, change its intention and abandon dismissal, the employee has the right to pick up the statement and remain in his position.

It is also possible that the company will offer employee more favorable conditions during this time, a new position or some other opportunities that will have the reason to change the time from this enterprise and continue the work career.

Anyone who expressed the desire to quit the employee has the opportunity to "withdraw" his statement, but only if this vacancy has not yet accepted a new employee.

It turns out that 2 weeks of working out this is not just a whim of the employer and not even an unnecessary requirement prescribed in the TK RF.

How days are considered to work

It is also important to clarify another important point - from which day and what principle is 14 days count. The account is conducted from the next day after writing a statement, that is, not from the day of the application of the application, and even more so, not from the date of signing by the authorities, namely the next calendar day after passing the application to the personnel department or directly.

14 days are considered precisely on the calendar, and not the number of worked shifts or working days, that is, all weekends, festive, hospital and vacation days are also included in the number of days after dismissal.

Dismissal by agreement of the parties

In fact, according to Russian legislation, working out 2 weeks after writing a declaration of dismissal - this is not the obligation of the employer, but only the right.

It turns out that if it turns out just to discuss at least in oral form, even in writing, you can quit and without so much long testing, that is, either in general to power it, or to work out much less, or agree on some conditions that We will arrange both sides.

For example, to leave work after performing a certain amount of work or some particular task.

Although, usually in such cases, the departure date from the workplace is negotiated and indicated directly in the dismissal statement, and the date may be indicated by any, even the day after submitting an application.

When you do not work

In addition, there are a number of situations where they do not have to work at all, they may occur by completely different reasons. So, cases when the dismissal is feasible without 2 weeks!

• If the employee violates some provisions of the TK RF or some local documents of the organization itself;
• Dismissal is not at the request of the employee himself, but if necessary, which arose due to the reduction of the state or in general due to the complete liquidation of the organization, that is, closures. This is possible if the company or its owner went bankrupt or due to moving or retraining the direction, which causes a refusal of certain specialists;
• And also work does not have to be the employees who within 2 weeks after submission of the application are on vacation or on sick leave. Since the legislation reads only that it is necessary to warn about its care from work 2 weeks before this event, but does not oblige them to work out in the literal sense of the word.

In addition, it is worth mentioning about a number of categories of citizens who cannot continue this work in connection with family circumstances or health care, namely:

• Deterioration of health care that does not allow an employee further in this workplace;
• Moving due to migration or worsening the state of health, which entails medical recommendations for changing the place of residence;
• Moving for family reasons, for example, related to the need to move a spouse (spouse);
• The presence of a child (children), age under 14 years old, as well as aged 16-18, studying in full-time;
• Achieve retirement age, and, accordingly, retirement;
• Enrollment for full-time education in the university;
• No duties work out and pregnant women;
• As well as the need for caring and medical care of one of the closest family members.

All these reasons according to Russian legislation are respectful to leaving work without working 2 weeks.

Working at 3 days

It is also worth mentioning those categories of citizens who have the opportunity to leave work after the entire 3-day working. Such faces are:

• Citizens passing a trial period in the organization. Typically, the probationary period is assigned by the company's duration, it is necessary in order for both sides to realize whether they have to cooperate on and whether they have a desire and opportunities to cooperate further. So, in case the employee who is on the probationary period understands that this vacancy or organization does not suit it for any reason or simply no desire to continue working further, it is enough to warn enough for only 3 days;
• Also, those employees whose work wears seasonal or temporary character can also use the effort during the course of 3 days. Speaking, about temporary work, it is necessary to clarify that 3 days of working out only those employees are available, the contract with which no more than 2 months has been concluded.

So, it turns out that 2 weeks after writing a statement at work is only the right of an employer, and not at all the duty, so that, according to, valid reasons or by agreement with the authorities, you can avoid this need.

Happy can be considered a man who is happy to go to work in the morning, and in the evening home. When morning, it becomes in a burden, you need to think about changing the route. Well, if the old employer agrees to part in good and in the shortest possible time. Worse, when to new work, you need to start tomorrow, and the former head requires time to work. In such a situation, you can try to find arguments and convince the management to issue dismissal without working out.

Why do you need a working out?

The process of separation with the employer may become very painful, even if it has not been preceded by a production conflict. Most often, the problem is precisely the need to prevent the employer in a three-day or biennial period, depending on the conditions of the employment contract. And if the case was touched by the dismissal of the leader himself, then the period of working will be at least a month.

Employees, according to tradition, perceive the need to linger at the enterprise, as a whim of the bosses and the desire to depart outgoing. In fact, during this period and leadership, and the specialist himself should make a large amount of very important work:

• prepare cases for transmission;
• complete the started projects or at least some of them;
• the employer will be able to navigate the labor market and choose a specialist;
• for some categories, the days of the work performed before dismissaling should be conducted by their work (Glavbuhi, leaders, financially responsible employees).

Sometimes the employer demands to arrange the so-called bypass list, or "Runner", motivating the delay in the calculation of this. From the point of view of the law, an attempt in such a way to keep employee more than 14 days is a direct violation of the rights of the employee and the norms of the TC RF.

Assess the importance of reasons for rapid dismissal, except directly listed in Art. 80 TC, entitled an employer. If circumstances are regarded by him wrong, protection can be searched in court.

Who has the right to quit without work?

The responsibility of a specialist to prevent his leadership of intention to leave him the position and the team is detailed by routine in several articles of the Labor Code of the Russian Federation:

Category of employees	Warning term	Article TC
Employees, labor agreements concluded indefinitely	14 days	80
Urgent contracts for a period of more than a pair of months	14 days	80
Seasonal workers	3 days
Temporary experts hired for the period up to 2 months	3 days
Trainees undergoing probation	3 days
Officers of the organization	30 days

Whatever the warning period was not registered in the Code, there is also a list of reasons for dismissal without developing and those who have the right. The whole trouble is that the list of reasons for dismissal without work is not at all exclusive. In Article 80 of the TC, the legislator listed only some circumstances and conditions for the impossibility of staying in the workplace, so to speak, for example:

• admission to study, and the status of the establishment and form of training are not specified, and therefore the employer is obliged to release an employee to obtain education to any institution (subject to the official certificate from there);
• retirement, at least by age, even ahead of schedule;
• violation of the rights of the employee, admitted by the fault of the employer, both in financial matters and in terms of labor protection;
• other reasons.

All employees who reflected in a statement on dismissal without work out one of the following events, the employer is obliged to present the order, labor and settlement on the day of filing a document or other desired working date.

Dismissal at your own desire without work

Live discussion and difference in opinions causes the item "Other Cases" in Article 80 of the TC. It is this formulation that implies that respect for the circumstances and the need for their occurrence to urgently leave work, the employee must argue, and give an objective assessment - an employer.

Possible cases

Judicial practice has defined several common cases when the employer is still better to meet the intentional to leave a specialist and agree to his dismissal at his own desire without work out:

• pregnancy;
• moving or translation of the spouse to another locality;
• health problems impeding effective work;
• large parents, in the family of which at least three children under 14;
• employees burdened with people with disabilities with close relatives requiring care of them;
• call for the army, including the conclusion of the contract.

An indication of the statement of a good reason to leave without working, will require documentary confirmation.

Step-by-step instruction

In order for the separation process to be "without a bitch", a simple order must be observed:

1. In writing to inform the authorized person about his desire to quit and describe the situation. Make it is necessarily in the form of a statement ().
2. Attach a copy of the available documents. Even if there are no people now, but the reason is really out of a series of outgoing, it is better to try them to stock in the case of a future check or trial.
3. Hand the application to the employer. This is the most difficult point, because it can meet resistance from the head. If neither the head nor the secretary nor the frames want to put his signature on receipt on the second instance, it is necessary to immediately go to the mail or telegraph.
4. If you managed to give documents to the chief personally, it is desirable to immediately get it a visa on its copy. In the situation with sending by mail, the day of dismissal will move on the date of the actual receipt by the employer's letter.
5. If the specified reason from the list is listed in Art. 80 TC, I having received a visa on your copy, the employee may not go to work already the next day. Consent to the dismissal at your own will not need to be dismissed.
6. In all other cases, the bold decision on the nebid will require protection through the State Affection of Labor, the prosecutor's office or court.
7. It may be that the employee will be able to convince the chief in the need for urgent calculation, then further actions will not differ from those that must be carried out at any dismissal under Art. 80 TC. From the employer will be required on the same day to place an order, an employment, personal card. Candle and issue a salary worker and compensation. Return it to him and give all the copies and help they requested.

Success in the design of dismissal on his own will, without work, it can contribute to the fact that almost all of the listed categories of employees have additional guarantees for the Labor Conditions, its payment, to ensure optimal conditions for them, preserving the workplace and providing extraordinary holidays. Most often, the desire to avoid a sad perspective depend on the needs of "special" employees and encourages the authorities to sign a departure. Personal desire to quit, received from such a category of employees, is perceived, rather as a good disposal of problems.

Dismissal without working on the initiative of the employer

The desire to reduce the time of staying in a non-standard enterprise can stumble upon a few unexpected norms for the employee of the TC, in which the dismissal of their own desire without working can abruptly turn into an employer's initiative. And then the article in labor can change with an acceptable 80th on the unpleasant 81st. Operation The employer does not require, but also the base for separation in the order will indicate an impartial. So, they will not be detained at the employee enterprise, which during the warning period:

• strolled work;
• already obtaining recovery, made another misconduct;
• during the warning period, there was a gross violation of the discipline or non-fulfillment of responsibilities;
• allowed himself to eat alcohol in the workplace;
• committed acts that caused damage to the enterprise, about which there are relevant documents (theft, intentional damage, disclosure of information and other);
• allowed more rare misconducts specified in Article 81 of the TC, except for cases requiring employee notification, as in the case of a reduction or dismissal of the part-to-room.

Respect of circumstances for dismissal without working does not give the right to neglect their duties. Making coarse disciplinary misconduct in recent working days will allow the employer to issue dismissal under Art. 81 TC.

Ways to quit without work

However, it should not be assumed that in 2019 the dismissal without working out is the prerogative of only some categories of employees or possible in exceptional circumstances. There are several ways to achieve the goal and at the same time not to raise up with the authorities finally.

Agreement

The most common compromise way is to be considered the method in which the employer and the employee find the "golden middle" and agree on the conditions of dismissal. A fired employee can, for example, to offer a decent replacement to the liberating place, having relived it, thus, from the need to look for candidates.

You can offer the head of the Option with simultaneous dismissal at the main place and receiving part-time for the period necessary to complete the transfer of cases or project preparation. Officer to fulfill their duties in his free time. If the employer does not have a fundamentally presence in the workplace with 8 to 17, and the result is important, then such a plan is quite acceptable.

Vacation instead of working out

With a favorable coincidence, the employee can help vacation schedule. If in the coming days the beginning of vacation or the employer is preparing to provide it out of turn, simply on the appeal of the employee, then you can go to legal trick. Make a vacation for 14 or more days, and on the first day to write paper for the calculation. In this case, the request for vacation will be a kind of replacement for dismissal statement without working out two weeks. Many employers are skeptical to such an outcomes, but to prevent the employee will not be able to. The fact is that they have no right to withdraw from vacation, art. 125 TC. Yes, and do not let go for the scheduled vacation, the bosses are also limited in tools, art. 124 TC.

In order not to play with the authorities in the "Cat-mouse", you can go a bank and ask for a vacation with the subsequent calculation. This right gives TC. But she also suggests that to avoid working out and replacing her leave, the consent of the employer will be a prerequisite. Without his desire, it is almost impossible to implement this option. If the employee is in a hurry to leave, because it is ready to go to another company, then the new employer needs to be reported that it is still on vacation. The fact is that the law does not provide for the presence of a person at once two main places of work. So, to accept an exclusive officially employee can be exclusively part-time.

The opportunity to replace the time to work out the day of vacation to appear at the employee only with the consent of the employer, Art. 127 TC.

Hospital

Talking about the disease as a way to reduce the time of working out a little is not correct, because in the usual life of the disease does not come on schedule. But, since the unhealthy overtakes at such a right moment, it must be remembered that to extend the term of working out due to disability, the employer has no right. But it will be obliged to dismiss the employee to the date specified by them, since the restriction exists only for the calculation under Article 81 of the Labor Code of the Russian Federation. In addition, the employee is guaranteed to receive all compensatory payments and social acquisitions on the disease.

Violation of the authorities

Unfortunately, management often neglects the rights of employees and negotiates their responsibilities to ensure the safety of their jobs, as well as saves on logistical equipment. Each of such manifestations can be punished by law. Theoretically, proven and recorded in the act of verification by controlling authorities, the violation gives the employee the right not to warn about the care and not work out. In practice, it turns out that the prosecutor's office or the court takes too much time to appeal to the labor inspection. Therefore, a person prefers to find a more efficient way or reason.

The employer disagrees - we go to court

If none of the worker provided by the employee and the dramatic circumstances described in the statement did not convince the authorities that the employee was forced to quit for the further physiological or territorial inability to fulfill its functions, to estimate the plausibility and the importance of arguments. It is there that they advise to turn to all employees who are confident in their rightness.

The absurdity of the situation is that with the obvious slowness of the work of the courts, the term of consideration will be much greater than two weeks and even a month. There is no decision (which has come into force and the entire path of appeal) is not allowed to make it possible to make it possible to retire. In the event of a conflict with the employer, the output with the nebody can serve as a reason to arrange and dismissal under Art. 81 TC, with all the resulting "gifts" in labor. Do not be afraid of such a turn of events can afford, except for pregnant.

The campaign in court can be regarded as a rational act in a situation where the employee wants not to simply prove his right to dismissal without working out, and also to make the punishment of the employer for all the arrogant negative consequences. After all, it is no secret that because of the need to stay at the previous employer, a person may not work out with a reception to a new place, there may be an abyss of expensive tickets or the need for additional costs (for example, on the nurse for the patient).

There is a risk in this case for an employer. If the employee in court proved that the reason in the statement was good and he had the right to go on the day of appeal, then the dismissal for the rushing is considered illegal. And this is fraught with the responsibility of the recovery of the employee, the average earnings pay for forced rushing, as well as the reimbursement of financial losses and moral damage.

To achieve truth in court is not the most difficult task. But when making a decision about contacting the Femid, it is worth assessing its future efficiency. With a common approach, the employee is most often inclined to the thought, which is more rational to agree with the boss.

Dismissal application

In the same 80th article TC there is a reservation that the employer may refuse his right and not to require working out. To do this, you can sign an agreement with an employee and dismiss it according to paragraph 1 of Art. 77 TC the day after writing a statement for dismissal without working out.

If the consent from the authorities do not have to wait, then you need to justify your requirement and correctly state the reason for such urgent care in the application. For a sample, you can take a standard blank for dismissal on your own initiative. But only in the text it is certainly necessary to write that, please dismiss the date of writing the application dictated by urgent circumstances and is supported by the relevant documents. Without such a reservation, the employer will legitimately rely on a daily meeting with an employee in the next 14 days.

The employee who wants to quickly quit and do not work out the remaining two weeks, there are no "iron" arguments in favor of its position. But before looking for ways to deceive or press to the wall of the employer, it is worth trying to negotiate with him humanly. After all, the law does not forbid him to consider respectful even such a cause of urgent dismissal, as the addition of a pet. In any case, the parties' agreement is always preferable to any confrontation, even if the employee took the top in this confrontation.

Lawyer of the Board of Legal Protection. Specializes in the conduct of affiliates related to labor disputes. Protection in court, preparation of claims and other regulatory documents into regulatory authorities.

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

Provisions of labor legislation of 2019 on dismissal without work

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

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

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

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

Dismissal application

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

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

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

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

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

Terms of testing when dismissing under the TK RF

The employee should work out for two weeks if he generally applies to his care. In some cases, the TK RF sets a three-day period:

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

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

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

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