Do I need working off after dismissal. How to quit without work - grounds and sample application, mandatory deadlines for employees and managers

Situations are not uncommon when an employee does not want or is inconvenient to work out fourteen days before the check-out. Everyone may have their own reason: someone does not want to stay a day at a boring place of work, while someone else is waiting for new achievements or a long-awaited rest. The article will analyze all the cases when a two-week working off is optional, how it can be circumvented using the legal right.

Do I legally need to work 2 weeks upon dismissal in 2018?

Let's turn to article 80 of the Labor Code of the Russian Federation, which establishes the rule: the employee has the right to quit, in writing, two weeks in advance, notifying the employer ... note that it is precisely the warning that is required, and not directly working off ... So, let's analyze the situations in which you don't have to work out.

There is always a possibility of negotiating with the employer ... By agreement of the parties, it is permissible to agree on a different period of working off or to reach an agreement and do without it altogether. If the performance of work duties can be temporarily assigned to another or postponed until the arrival of a new employee, then the employer can easily agree to say goodbye to you without working off. The main thing is not to be afraid to ask and express your position - try to negotiate your right provided by law.

If it is impossible to continue working further, the manager must calculate the employee on the day indicated in the application. This clause applies in the following circumstances:

• retirement;
• undergoing training;
• illness;
• other valid reasons, for example, the transfer of a spouse to a far away area for work.

Violation of labor law norms by the employer. The establishment of such facts is within the competence of the relevant authorities.

Vacation or illness does not prevent you from declaring your intention to quit. Quite calmly, you can write a statement and from this moment the expiration of a two-week period begins. After the end of the vacation or sick leave, show up for the calculated ones.

If there is a child

If you have a child, do you need to work for 2 weeks upon dismissal? Yes, it is necessary to warn the employer. But if you have good reasons, for example: the child is sick and you need to take care of him, possibly dismissal from the date indicated by the employee.

Upon dismissal of your own free will

Do I need to on their own work off 2 weeks? Undoubtedly, employer's warning is prescribed by law precisely in the conditions of termination of work at the request of the employee. The law thus protects the employer by allowing time to find a new employee. But if the continuation of work is impossible, for good reasons, or violated labor rights then you can quit on a convenient day. In addition, you can try to reach an agreement with your manager about the settlement date.

Vacation followed by dismissal do you need to work out 2 weeks?

It is important not to work out, but to notify 2 weeks in advance of the upcoming departure. Therefore, prepare and submit your application at the time of vacation or during treatment. If the vacation or illness lasts longer, you won't have to work off.

Working pensioner upon dismissal

Initial retirement is considered a factor in the impossibility of continuing to work, it allows you to quit without notifying management 2 weeks in advance. Unfortunately, this right can only be exercised in retirement. The retired person will have to warn the employer in advance or seek other reasons. It is necessary for a working pensioner to work 2 weeks upon dismissal, if there are no other reasons for leaving earlier, for example, illness or violation of labor rights.

Do I need to work for 2 weeks during a probationary period upon dismissal?

On the stage probationary period there is no need to notify the manager about the planned dismissal in the near future several weeks in advance. Art. 71 TC allows you to quit, notifying the employer 3 days in advance. Retention of a written warning form is essential. When the trial period has expired, and the employee still continues to work, he is recognized as having passed the test and upon dismissal, it will be necessary to notify the manager already 2 weeks in advance.

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 labor 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 in work book in the column "reasons" can be entered and the article on which the contract with the subordinate was terminated.

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, therefore 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 service are a legal basis for an early termination labor relations, since they are all 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 contract. 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 the application has been submitted, 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, moreover, you can quit when leaving both on regular and extraordinary vacation;
• 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 to the old place of work for a work book. It should be remembered that this method is suitable only for those who are really sick, since the legislation provides for punishment for both the doctor and the patient if the latter has no signs of illness and 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 all the necessary documents from the previous place of work after leaving.

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.

Any dismissal means two weeks' work. it standard rule works for all parties to labor relations. However, not everyone knows what this wording is and why it is necessary to adhere to this rule. And who can quit without working 2 weeks?

Why do you need working off

It is clear that when they leave, bosses force their employees to work for several weeks. What does the legislation say about this? Having opened the Labor Code, it immediately becomes clear that this wording is rather vague. The main responsibility of any employee is to warn their employer about dismissal in advance. This is necessary first of all so that he can find a replacement.

But you still have to work these two weeks, with the exception of some cases. For example, you can go on sick leave or another vacation just for this period... In addition, there are other situations when an employee may quit without notifying the boss in advance.

In what cases you do not need working off

In what cases can you quit without working off? First of all employees who are going to retire do not work out the due date. The fact is that they always find out about the upcoming retirement in advance, therefore the employer is informed about this. But if an employee decides to retire suddenly, according to the law, he still does not work for 2 weeks.

The legal grounds for this are also:

• moving of a person to another locality, including to another country;
• leaving together with a husband / wife due to their transfer;
• if the boss violated one or more of the terms of the employment agreement;
• admission to study.

There are also reasons for dismissal without work, which are considered by the employer as valid. They are:

• a disease that cannot allow a person to perform their labor functions;
• if the position from which the employee is dismissed was held by competition;
• military service;
• a dependent is a child under 14 years old or a disabled person under 18 years old;
• the need to resign in connection with caring for the rest of his family;
• pregnancy;
• liquidation of an enterprise;
• staff reduction.

Dismissal of your own free will

How can you quit without working 2 weeks? Most often this happens at the employee's own request. At the same time, having warned the immediate supervisor two weeks in advance, he can calmly not work out the due date.

This rule works if the reason for leaving is, for example, a serious violation by the head of modern labor laws or pregnancy. That is, you need serious reason, because of which the boss will not be able to refuse.

How to quit without working two weeks in three days? There are provisions in labor law according to which an employee can terminate an existing employment agreement. Additional work of 2 weeks is not required in the case when the resignation of the employee is beneficial to both parties. The law gives three days to terminate the contract.

As for the reasons for such a quick dismissal, they are considered to be:

• probation;
• urgent dismissal labor agreement concluded for a period not exceeding 2 months;
• dismissal of workers who are employed in seasonal work.

In these cases, the employee gets rid of the need to work for another 2 weeks. Besides an employee can use unused leave as a working off... It is important to understand that this is not the employer's responsibility, but rather his good will. He may insist on working off and the employee will have to obey.

Vacation

This is the most The best way get rid of detention for those who cannot shirk this duty for a good reason. Naturally, the employee must have unused vacation days, otherwise nothing will work. According to the law, they must be at least 14 days. This point must be indicated in the statement with the wording that after the vacation, the employee will be considered dismissed.

But in this case, you still have to warn the boss a month before the date of dismissal, so the employee gains little. Is that more free time, which will allow you to find a new job and get vacation pay.

If the vacation days remain, but the employee does not want to go on vacation, he receives appropriate compensation. If there are two unused vacation, then one will have to "walk", and for the second to receive compensation, since it is impossible to receive payment for two vacations.

Dismissal letter

Can an employee quit without working out just without going to work? No, since this will be considered absenteeism and then he will simply be fired under the article. Even if the bosses violate the contract, the dismissal procedure must be followed. And the first step is to write a statement - it is on its basis that the labor agreement is terminated.

Example statement

As for the document, the legislator has not established its specific form; nevertheless, there are special rules for its execution:

1. First of all, the application must be submitted in writing. You can compose it yourself or print it on a computer, it doesn't matter.
2. In addition, the document must clearly indicate the employee's intention to terminate the employment relationship and have clearly stated reasons for dismissal.
3. The date of dismissal must also be indicated. If there is no reason for dismissal without working off, then two weeks should be taken into account.

Many people write the date of dismissal with the preposition "from", that is, for example, "I ask you to fire me from May 23rd." In this case, May 22 is the last working day. Therefore, it is better to draw up this formulation without an excuse, then it will be May 23rd.

How can you quit without working off and indicate it correctly in your application? It's simple: you just need to voice a request for dismissal without an additional two weeks of work. If the reason is really serious, the employer will sign the document. You can submit it in person, or you can send it by mail. But in practice, a personal conversation still cannot be avoided, since many employers want to find out the reason for leaving in person.

Dismissal in case of violation of the labor agreement by the employer

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

But one violation is not enough, you also need to prove it. That is, myself the fact of abuse by the employer of his position must be recorded by the relevant authorities... But the further procedure does not have a clear order.

For example, working conditions are monitored by labor inspectorate and prosecutor's office... Let's say that an appropriate inspection has been carried out, and the inspector has identified violations on the part of the employer. But he may be mistaken, which will be established in the future - how will this affect the dismissal of the employee? As for the inspection of the prosecutor's office, even in this case, the official cannot draw up any specific act on the inspection, and therefore the violations revealed are not recorded anywhere.

Another body responsible for the observance of working conditions is trade union... But this organization can only identify the violation and send the employer a request to eliminate them, but it is not obliged to record them.

Is there some more labor dispute commissions and courts. The fact of violation is considered established when the court decision or the commission's decision comes into force. Only by contacting these control bodies can it be possible to ensure that the employer's violation will be recorded and established. Then the employee can raise the issue of dismissal without working off.

What if an employee changes his mind about quitting

The advantage of 2 weeks of work is that the employee can change his mind about quitting and withdraw his application, and the employer cannot forbid him to stay. But this rule does not always work: for example, if during this period an employee is on vacation or is sick, another employee may already be found in his place. In this case, the employer must provide written evidence that the position is already occupied.

The documents

According to labor law, the employee receives the payment and picks up all his documents on the last working day. Usually employers do not delay payments, but sometimes this happens. In this case, he is forced to pay some compensation. If the employee is on vacation at this time, then wages are paid on the last day of the vacation.

In addition to money, the employer must give the employee and his work book. Failure to do so could be considered a serious violation. At the same time, the employee has the right to demand material compensation for every day during the period when the work book was with the employer.

The date of dismissal is the date of return of the work book to the legal owner... If the date is incorrect, it is necessary to obtain a replacement using a statement. Sometimes in these cases you have to contact the labor inspectorate or the trade union.

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

1. If the employee was fired less than 30 days ago, the court will accept the statement of claim.
2. If more time has passed, the plaintiff will have to provide evidence explaining the reasons for the delay in the claim. And in this case, the employer has a better chance of winning the case.
3. At the same time, the employer cannot be accused of withholding the document if the employee himself ignored all requests to appear and pick it up.