A person who happily goes to work in the morning and goes home in the evening can be considered happy. When the morning journey to your destination becomes a burden, you need to think about changing the route. It’s good if the old employer agrees to part ways amicably and in good faith. as soon as possible. It's worse when new job I need to start tomorrow, but my previous boss demands that I work the allotted time. In such a situation, you can try to find arguments and convince management to formalize dismissal without work.
Why is work needed?
The process of parting with an employer can be very painful, even if it was not preceded by an industrial conflict. Most often, the problem lies in the need to notify the employer within three days or two weeks, depending on the terms of the employment contract. And if the matter concerns the dismissal of the manager himself, then the working period will be at least a month.
Workers, traditionally, perceive the need to stay at the enterprise as a whim of their superiors and a desire to annoy the person leaving. In fact, during this period both management and the specialist himself must do a large amount of very important work:
- prepare cases for transfer;
- complete started projects or at least part of them;
- the employer will be able to navigate the labor market and select a specialist;
- For some categories of people resigning, in the days remaining before dismissal, an audit of the work they perform should be conducted (chief accountants, managers, financially responsible employees).
Sometimes the employer demands to issue a so-called bypass sheet, or “slider”, motivating the delay in the calculation for this reason. From the point of view of the law, an attempt to retain an employee in this way for more than 14 days is a direct violation of the employee’s rights and the norms of the Labor Code of the Russian Federation.
Assess the importance of reasons for quick dismissal, other than those directly listed in Art. 80 of the Labor Code, the employer has the right. If the circumstances are assessed incorrectly by him, protection can be sought in court.
Who has the right to quit without working?
The obligation of a specialist to warn his management about his intention to leave his position and the team is detailed immediately in several articles of the Labor Code of the Russian Federation:
| Employee category | Notice period | Article TC |
| Employees whose employment contracts are concluded for an indefinite period | 14 days | 80 |
| Fixed-term contracts for a period longer than a couple of months | 14 days | 80 |
| Seasonal workers | 3 days | |
| Temporary specialists hired for a period of up to 2 months | 3 days | |
| Trainees undergoing probation | 3 days | |
| Heads of the organization | 30 days |
Whatever the warning period is prescribed in the code, there is also a list of reasons for dismissal without service and those who have the right to do so. The trouble is that the list of reasons for dismissal without work is not at all exceptional. In Article 80 of the Labor Code, the legislator listed only some of the circumstances and conditions for the inability to remain at work, so to speak, for example:
- admission to study, and the status of the institution and the form of study are not indicated, which means that the employer is obliged to release the employee to receive education at any institution (subject to the provision of an official certificate from there);
- retirement, either due to age or early;
- violation of the rights of an employee committed through the fault of the employer, as in financial matters, and in relation to labor protection;
- other reasons.
To all employees who indicated one of the listed events in the application for dismissal without working off, the employer is obliged to hand over the order, labor and payroll on the day the document is submitted or another date desired by the workers.
Dismissal of one's own free will without work
The clause “other cases” in Article 80 of the Labor Code causes lively discussion and differences of opinion. It is this formulation that implies that the validity of the circumstances and the need to urgently leave work in connection with their occurrence must be argued by the employee, and the employer must give an objective assessment.
Possible cases
Judicial practice has identified several common cases when it is still better for an employer to accommodate a specialist who intends to leave and agree to his dismissal of his own free will without work:
- pregnancy;
- relocation or transfer of a spouse to another area;
- health problems that interfere with effective work;
- parents with many children, in whose family there are at least three children under 14 years of age;
- employees who have close relatives with disabilities and require care for them;
- conscription into the army, including the conclusion of a contract.
Indication in the application of a valid reason allowing you to leave without working time will require documentary evidence.
Step-by-step instruction
In order for the separation process to go without a hitch, you need to follow a simple procedure:
- Inform the authorized person in writing of your desire to resign and describe the current situation. This must be done in the application form ().
- Attach copies of available documents to the application. Even if there are none now, but the reason is really out of the ordinary, it is better to try to stock up on them in case of a future inspection or trial.
- Submit the application to the employer. This is the most difficult point, since it may encounter resistance from superiors. If neither the manager, nor the secretary, nor the personnel officer wants to put their signature on receipt on the second copy, you should immediately go to the post office or telegraph office.
- If you managed to hand over the documents to your boss personally, then it is advisable to immediately receive his visa on your copy. In a situation with mailing, the day of dismissal will shift to the date the employer actually receives the letter.
- If the specified reason is from the list directly listed in Art. 80 of the Labor Code, then having received a copy of the visa, the employee may not go to work the very next day. Consent to dismissal at your own request without work will not be required from your superiors.
- In all other cases, a bold decision to absenteeism will require protection through the state labor inspectorate, the prosecutor's office or the court.
- It may happen that the employee will be able to convince the boss of the need for urgent payment, then further actions will not differ from those that must be carried out in case of any dismissal under Art. 80 TK. The employer will be required to issue an order, employment, and personal card on the same day. Calculate and issue wages and compensation to the employee. Return the work report to him and give all the copies and certificates he requested.
Success in registering voluntary dismissal without work can be facilitated by the fact that almost all of the listed categories of employees have additional guarantees under the Labor Code of the Russian Federation regarding working conditions, pay, ensuring optimal conditions for them, maintaining their jobs and providing extraordinary leaves. Most often, the desire to avoid the sad prospect of depending on the needs of “special” employees prompts management to sign a letter of resignation. The personal desire to quit received from this category of employees is perceived, rather, as a successful release from problems.
Dismissal without service at the initiative of the employer
The desire to reduce the time spent at an enterprise that has become non-family may come across somewhat unexpected Labor Code norms for the employee, in which dismissal of one’s own free will without working off can abruptly turn into an initiative of the employer. And then the article in the labor report may change from the acceptable 80th to the unpleasant 81st. The employer will not require work, but the order will also indicate an unpleasant reason for separation. Thus, they will not detain an employee at the enterprise who, during the warning period:
- skipped work;
- having already received a penalty, he committed another offense;
- during the warning period committed a gross violation of discipline or failure to fulfill duties;
- allowed himself to drink alcohol at work;
- committed acts that caused damage to the enterprise, for which there are relevant documents (theft, intentional damage, disclosure of information, etc.);
- committed more rare offenses specified in Article 81 of the Labor Code, except for cases requiring notification of the employee, as in the case of reduction or dismissal of a part-time worker.
The justifiability of the circumstances for dismissal without service does not give the right to neglect one’s duties. Committing gross disciplinary offenses in the last working days will allow the employer to formalize dismissal under Art. 81 TK.
Ways to quit without working
However, one should not assume that in 2019, dismissal without service is the prerogative of only certain categories of employees or is possible in exceptional circumstances. There are several ways to achieve your goal without completely falling out with your boss.
Reach an agreement
The most common compromise method is considered to be the method in which the employer and employee find a “golden mean” and agree on the terms of dismissal. A resigning employee can, for example, offer the manager a worthy replacement for the vacant position, thus saving him from the need to look for candidates himself.
You can offer the boss the option of simultaneous dismissal from the main position and employment on a part-time basis for the period necessary to complete the transfer of affairs or prepare the project. The employee will be able to perform his duties in free time. If for the employer it is not important to be present at the workplace from 8 am to 5 pm, but the result is important, then such a plan is quite acceptable.
Vacation instead of work
Under favorable circumstances, a vacation schedule can help the employee. If the start of vacation is expected in the coming days or the employer is ready to provide it out of turn, simply at the request of the employee, then you can use a legal trick. Take a vacation for 14 days or more, and write a settlement paper on the first day. In this case, the request for leave will become a kind of replacement for an application for dismissal without working for two weeks. Many employers are skeptical about such antics, but they will no longer be able to prevent the employee. The fact is that they do not have the right to recall from vacation, Art. 125 TK. And the bosses are also limited in their tools not to let them go on a scheduled vacation, Art. 124 TK.
In order not to play “cat and mouse” with your bosses, you can go all-in and ask for leave with subsequent payment. This right is given by the TC. But she also says that in order to avoid working off and replacing it with vacation, prerequisite will be the employer's consent. Without his desire, it is almost impossible to implement such an option. If an employee is in a hurry to leave because he is ready to move to another company, then the new employer needs to be informed that he is still on vacation at his old place. The fact is that the law does not provide for a person to have two main jobs at once. This means that an employee who has not been officially fired can only be hired on a part-time basis.
The employee will have the opportunity to replace working time with vacation days only with the consent of the employer, Art. 127 TK.
Sick leave
Talking about illness as a way to reduce working time is a little incorrect, because in ordinary life the illness does not come according to schedule. But, since ill health has struck at such an opportune moment, you need to remember that the employer does not have the right to extend the period of work due to incapacity. But he will be obliged to dismiss the employee on the date specified by him, since the limitation exists only for calculations under Article 81 of the Labor Code of the Russian Federation. In addition, the employee is guaranteed to receive all compensation payments and social benefits for sickness in addition.
Violation by superiors
Unfortunately, management often neglects the rights of employees and is negligent in their responsibilities to ensure the safety of their workplaces, as well as skimping on material and technical equipment. Each of such manifestations can be punished by law. Theoretically, a violation proven and recorded in the inspection report by the regulatory authorities gives the employee the right not to notify about leaving and not to work the required days. In practice, it turns out that it takes too much time to contact the labor inspectorate, prosecutor's office or court. Therefore, a person prefers to find more effective method or reason.
The employer does not agree - we go to court
If none of the papers provided by the employee and the dramatic circumstances described in the application convinced the management that the employee was forced to resign due to further physiological or territorial inability to perform his functions, the court can assess the credibility and importance of the arguments. This is where all employees who are confident that they are right are advised to go.
The absurdity of the situation is that, given the obvious slowness of the courts, the period for consideration of the case will be much longer than two weeks or even a month. Until there is a decision (that has entered into force and gone through the entire appeal process), the specialist has no right to willfully refuse to go to work. In the event of a conflict with the employer, failure to show up may serve as a reason to file for dismissal under Art. 81 Labor Code, with all the ensuing “gifts” in labor. Only a pregnant woman can allow herself not to be afraid of such a turn of events.
Going to court for the truth can be regarded as a rational act in a situation where an employee wants not only to prove his right to dismissal without working off, but also to get the employer punished for all the negative consequences that have occurred for the departing employee. It is no secret that, due to the need to stay with the previous employer, a person may not be able to get hired at a new place, expensive tickets may go to waste, or the need for additional expenses will arise (for example, for a nurse for a sick person).
In this case, there is also a risk for the employer. If the employee proved in court that the reason for the application was valid and he had the right to leave on the day of the application, then dismissal for absenteeism will be considered illegal. And this is fraught with the obligation to reinstate the employee, pay average earnings for forced absence, as well as compensation for financial losses and moral damage.
Achieving the truth in court is not the best difficult task. But when deciding to contact Themis, it is worth assessing its future effectiveness. With a sound approach, the employee is most often inclined to think that it is more rational to reach an agreement with the boss.
Application for dismissal without work
In the same Article 80 of the Labor Code there is a clause that the employer can waive his right and not require work. To do this, you can sign an agreement with the employee and dismiss him under clause 1 of Art. 77 Labor Code the day after writing an application for dismissal without service.
If you cannot wait for consent from your superiors, then you need to justify your demand and correctly state the reason for such an urgent departure in the application. You can take a standard form for dismissal as a sample. own initiative. But it is absolutely necessary to write in the text that the request to dismiss by the date of writing the application is dictated by urgent circumstances and supported by relevant documents. Without such a clause, the employer will legitimately expect to meet with the employee every day for the next 14 days.
An employee who wants to quit quickly and not work the remaining two weeks does not always have “iron” arguments in favor of his position. But before you look for ways to deceive or push your employer to the wall, you should try to come to an agreement with him on a humane basis. After all, the law does not prohibit him from considering as valid even such a reason for urgent dismissal as an increase in pet. In any case, an agreement between the parties is always preferable to any confrontation, even if the employee has the upper hand in this confrontation.
Lawyer at the Legal Defense Board. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and others regulatory documents to regulatory authorities.
If you decide to quit, no matter for what reason, you should do it correctly, saying goodbye to your former boss and colleagues according to all the rules. Even if you want to quit everything in one second, you need to curb your emotions and leave with dignity. Remember that you will have to re-interview in the near future to be hired for another job. It is quite possible that another employer will want to contact your previous boss.
So that it remains about you good opinion, act correctly.
Before submitting your application, try to complete all your current projects as much as possible so as not to leave behind “tails” for your colleagues, burdening them with your shortcomings. You may have to encounter these people more than once in the future.
How to resign correctly, where to start?
If you are determined to quit, you need to make sure your boss is the first to know about it. If such information reaches him in the form of rumors from other colleagues, you risk appearing in the eyes of this person in a far from favorable light.
Choose the right moment to tell your boss that you want to leave the company. It shouldn’t be Monday, always busy with making plans, the beginning of the working day, when everyone is in a hurry, or, on the contrary, the end of it, when people are no longer in the mood for serious conversations. Communicate your decision calmly and kindly, express your readiness to work the two weeks required by law. Perhaps, with such a responsible approach, you can even achieve a reduction in the working period.
You must understand that not everyone behaves appropriately due to the fact that they do not know how to quit correctly. Act according to the circumstances. If it is necessary to explain the reasons for dismissal, in some cases it is better to turn to diplomacy instead of the required honesty. If you are leaving because you are not satisfied with the boss himself, then it is better not to voice such a reason. Say that you received a more interesting offer with a good salary or that you have changed family circumstances and you need to move to another area of the city. You can add that you are sorry to leave the team and you value the professional experience that you gained while working in the company.
Submit your application immediately after notifying your superiors. The sooner they sign it for you, the sooner you can leave.
How to resign if a replacement has already been found for you? Hand over all tasks to the new employee without giving up this responsibility. Do everything calmly to leave a good opinion of yourself. Leave him a to-do list and key work contacts.
When leaving, traditionally have a small buffet and thank your colleagues for working together. This will not require you special effort and will help maintain good relations with everyone. If you enjoyed working with these people, you can even prepare trifle souvenirs for them as a keepsake of the jointly launched projects and negotiations.
However, it does not always proceed as smoothly as we would like. Sometimes the employer tries to create obstacles to dismissal. IN best case scenario he promises to increase your salary if you agree to stay, and sometimes goes so far as to threaten dismissal under the article or refusal to sign a statement. Even in this situation, there is no need to be upset. What is the correct way to quit your job in this case? By law, this can be done even without the boss’s signature. To do this, the fact of your application must be documented by submitting it to the office with all formalities or sending it by registered mail with notification. After 14 days, the employer will be obliged to give you a settlement and return your work.
How to resign correctly if you have to work for two weeks under conditions of emotional pressure? Restrain your emotions, pull yourself together and do not give in to provocations. Don’t allow yourself to be late for a minute, complete the work accurately and as quickly as possible, follow all the formalities that you may not have had to observe before, so as not to give any reason to find fault with the quality of your work. Good luck!
I wrote this material to familiarize you with how to correctlyresign voluntarilywithout any negative consequences, no matter what category of workers you belong to: an ordinary employee or a manager at any level.
Russian legislation provides for the human right to free work. This means that everyone has the right to independently choose the type labor activity(or not choose any - Soviet norms on liability for parasitism have long been abolished), enter into and terminate employment contract(Contract). And one of the main grounds for termination is voluntary dismissal.
This article is devoted to how to correctly formalize such a dismissal, and what attention should be paid to it.
○ Dismissal at your own request.
✔ Labor Code on dismissal at one's own request.
Current Labor Code Russian Federation(hereinafter referred to as the Labor Code of the Russian Federation for simplicity) provides in Art. 77 list of grounds on which an employee may be dismissed. This list is open, but those grounds that are not included in it are quite rare professions and positions (such as judges, employees of the Investigative Committee or the Prosecutor's Office, officials of municipal or civil service), and therefore 11 points of this article are enough for the absolute majority of workers.
Clause 3 of Art. specifically speaks about such dismissal. 77 of the Labor Code of the Russian Federation, which in turn refers to Art. 80 of the same code. In essence, Art. 80 is all that an employee needs to know who wants to correctly and without unnecessary problems quit.
The dismissal procedure itself for employees who entered into an open-ended employment contract has not changed since 1992, when the Soviet Labor Code of the RSFSR (later the Russian Federation) of 1972 was still in force. However, the Labor Code of the Russian Federation, in force since 2002, has significantly eased the situation for workers on a fixed-term contract: now they can quit on general grounds, without having to prove to the employer that they have valid reasons for dismissal.
✔ What reason should I write in the application?
The legislation does not describe in detail what reasons an employee may have for voluntarily dismissal. This is his personal matter, which does not concern anyone. Even if he wants to quit because he doesn’t have time to pet his beloved cat before work, he has the right to write a letter of resignation.
The reasons why an employee quits matter only for the so-called “ working off» – the period during which the employee who submitted the application is obliged to continue working. By general rule such a period is set at least two weeks from the date of submission of the application. However, if the dismissal is due to valid reasons, service is not required. As good reasons The Labor Code of the Russian Federation specifies the following:
- If the employee cannot continue to work (due to retirement, enrollment in an educational institution, etc.).
- If the employer seriously violates labor laws or contracts and agreements with a specific employee or team.
However, this list is not exhaustive, and by mutual agreement, the employee and employer can do without observing the notice period for dismissal.
Validity of reasons for voluntary dismissal was required, as already mentioned, until 2002 for workers on fixed-term labor contract, as well as until 2010 - to maintain continuous work experience. Currently, due to changes in pension legislation, continuous service has practically lost its importance for the assignment of pensions. Where it is also taken into account for receiving departmental benefits, only the interval between dismissal and new employment matters, and not the reasons for which the dismissal occurred.
✔ List of necessary conditions for dismissal on your own.
Strictly speaking, only one condition is necessary - the desire of the employee himself. Having notified the employer in advance and worked the required two weeks (or more if the application was submitted longer before the expected date of dismissal), the employee has every right to stop any activity at the old enterprise and not show up there again.
None of the employer's requirements matter. If you are required to complete some work, pre-sign a bypass sheet, etc., and without this they threaten not to issue a work book, do not worry, but feel free to stop working. The law is on your side, and you can cause trouble for an intractable employer by filing a complaint with the court or filing a complaint with the prosecutor's office. Experience shows that this is more than enough.
✔ Step-by-step procedure/dismissal procedure.
So you've decided to quit. How should you proceed?
The first thing an employee needs to do is submit an application. The law does not establish any requirements for its form, but the easiest way would be to use sample application, which is easy to find on the Internet. The application is submitted to the employer, who is usually the head of the enterprise. Depending on the internal regulations of the organization, the application can be submitted through the director’s reception office, the personnel department, etc. - the main thing is that the application ends up with the manager. If you work in a branch of an organization, then it is better to submit your application at the location of the head office.
Sometimes dismissal is preceded by a conflict between the employee and the management of the enterprise. If you are afraid that your application will be lost or destroyed in order to then fire you “under the article” (that is, for a gross violation of labor duties or discipline at the enterprise), then you need to insure yourself in advance. As a rule, it will be enough to write an application in two copies. Then one copy is handed over to the management of the enterprise, and on the second, the personnel officer, secretary or other person who has the necessary powers according to the internal rules of the organization puts a mark of acceptance: the date when the application was received, an indication of the position, a signature with a transcript. A statement with such a mark will be reliable evidence in case of trial. If they refuse to put a mark, then the best way out will send the application by registered mail with notification and a list of the contents. This long haul(the letter will go no less than three days), but absolutely reliable: the signature and date on the postal notification will clearly indicate that the letter was received on that day, and the inventory of the attachment with the post office mark will be proof in court that it was a letter of resignation that was sent.
But the application has already been submitted. From this moment, in accordance with Art. 80 of the Labor Code of the Russian Federation, the notice period for dismissal begins to run. As already mentioned, it must be at least two weeks. In the same case, if the employee wants to quit without working, the employer has the right to demand documents confirming the grounds for early dismissal. If there are no such documents, you will have to work for two weeks.
During the working period, the employee must perform his duties in accordance with the employment contract. Filing a voluntary resignation letter will not prevent the employer from firing you for absenteeism or other violation, if any. However, if an employee falls ill, the notice period is not interrupted. In this case, the employer is obliged to issue a dismissal order, make calculations and issue a work book, even if the employee is on sick leave. If an employee cannot appear for work in person, then it can be sent by mail with his consent, or will be issued after recovery.
It must be remembered that if you were a financially responsible person by position and were personally responsible for the safety of any property of the employer, you should return this property upon dismissal by signing the appropriate documents - otherwise the management of the enterprise may hold you liable. However, signing or not signing a bypass sheet and other internal documentation has nothing to do with dismissal and only means that, if necessary, you will have to do this no longer as an employee of the company. Management will still be required to issue a work book and make a full payment.
After the period of service has expired, the employee is obliged to stop his work activity. If he continues to perform his duties and does not insist on dismissal, then by law the employment contract is considered continuing, and the entire dismissal procedure must be started anew.
In addition, during the entire period of notice of dismissal, the employee has the right to withdraw his application and continue working. The only exception will be the case when another employee has already been invited to take his place by way of transfer (Article 64 of the Labor Code of the Russian Federation). However, in this case, the new employee must be invited from his organization in writing, and the resigning employee must be familiar with this invitation and the consent that his future successor gave to the transfer.
✔ What entry will be included in the labor record?
It should be remembered that a work book is a rather strict document, and the outcome of possible disputes regarding length of service and type of work activity often depends on the correctness of the entries made in it. Therefore, when dismissing for any reason, including at his own request, the employee must ensure that the company’s personnel officers make an entry in strict accordance with the Labor Code of the Russian Federation. The current instructions for filling out work books provide that the entry is made with reference to Art. 77 of the Labor Code of the Russian Federation is a general article that provides for all grounds for dismissal, and not under Art. 80 of the Labor Code of the Russian Federation, which specifically refers to dismissal at the initiative of the employee.
Therefore, the entry in work book for the person resigning, must contain a reference to clause 3 of Art. 77 of the Labor Code of the Russian Federation and the words “dismissed at his own request” or “dismissed at the initiative of the employee.” Let us emphasize once again: in the labor instructions of Art. 80 of the Labor Code of the Russian Federation should not exist! This is a very common mistake that is made in many HR departments, but due to its prevalence, it does not become acceptable.
If, upon dismissal, you discover that a mistake has still been made, you need to demand that a new entry be made immediately: “The entry numbered ... (the number of the erroneous entry should appear here) is invalid.” After this, personnel officers must make the correct entry for the next serial number.
To finish the conversation about entries in the labor report, let us draw attention to the fact that entries in the labor report are made only in full words, without abbreviations. Therefore, it should not be written “p. 3 tbsp. 77 of the Labor Code of the Russian Federation”, and “clause 3 of Article 77 of the Labor Code of the Russian Federation”.
So that voluntary dismissal is as painless as possible for both parties and does not negatively affect future career, there are a few simple rules:
- It is necessary to resign with careful adherence to the procedure provided for by the Labor Code of the Russian Federation. It is also necessary to comply with the requirements stipulated by the internal documents of the organization - but only to the extent that does not contradict the law and only if you have been familiarized with them under signature.
- If possible, conflicts with former employer. Of course, you need to protect your rights - but the labor market is not that big, and your new manager can contact the former. It is best to leave a good impression of yourself, and if this requires meeting your former boss halfway in something, it is better to do so.
- Be careful when returning tools, equipment, and documents that you used at your previous job. Best option here - transfer according to the inventory to a new employee who came to your place, but if there is no such person, then to a representative of the company’s management. In the event of a conflict, this will allow you to avoid charges of theft.
- During the working period, take your responsibilities as seriously as possible. There should not be any violations (lateness, absenteeism, etc.) - otherwise you can easily find in the work book an entry about dismissal not at will, but at the initiative of the employer.
- Dismissal at one's own request must be voluntary. In practice, there is a situation when an employer demands that an unwanted employee write a letter of resignation himself - in this case there is no need to look for another reason for dismissal and pay severance pay . But such demands are completely illegal. If an employee is threatened that otherwise he will be “dismissed under an article” (that is, for any violation of the law or an employment contract), the employer thereby admits that he himself is preparing to break the law. Illegal dismissal in this case it will be possible to protest in court, having achieved reinstatement at work. However, since it is extremely problematic to work in such a relationship with management, most workers seek through the court to change the wording to dismissal at their own request and payment compensation for forced absence. In addition, the court may also seek compensation for moral damages from the employer.
If you have decided to change your job, it is important to comply with all formalities. One of them is mandatory service. Let's take a closer look at when the employer's demands are legitimate, and when they can be avoided and you can quit without working off.
Is it mandatory to work 2 weeks upon dismissal?
According to the Labor Code of the Russian Federation, an employee is obliged to notify management of his resignation 2 weeks before dismissal. During this time, the employer will be able to find a worthy candidate, and the worker will be able to in full transfer all matters. “Working off” assumes that the employee must notify of his resignation, pick up documents and receive all payments. Sometimes an employee is unable to work the required period of time. For example, if he wrote a statement and then went on sick leave for more than two weeks. The employer has no right to make any demands. The work period is not always two weeks; you can notify the employer 3 days in advance if:- The probationary period has not ended, the employee has decided to quit or the employer is not satisfied professional quality and candidate skills. The condition is met if the employment contract is concluded for a period of up to three months. We are talking about seasonal work. The employee must notify the administration three days in advance; if the initiative comes from the company, then the notification must be given to the employee seven days in advance. The employment contract is concluded for a period not exceeding two months. Usually in such cases we are talking about liquidation or closure of the individual entrepreneur.
How to quickly quit without work, without a good reason
An employee is not required to work if management has violated the requirements of the Labor Code. Non-payment or delay of wages is not such. In such a situation, it is worth writing a complaint to the trade union or labor commission. The competent authority conducts an inspection based on the results of which a decision is made. If a violation is recorded, the employer will pay a fine. The best option is if the subordinate and the employer agree on dismissal by agreement of the parties. The Labor Code does not stipulate mandatory work-out or immediate termination of cooperation in such situations. The parties independently agree on the terms of the breakup labor relations. Even if things didn’t work out with the management a good relationship, don't give up this method severance of labor relations. As practice shows, not every director will want to tolerate an unpleasant person on the staff. Management often makes a big mistake if an employee leaves by agreement of the parties. They require a letter of resignation. This document is not needed, since the initiative can come from management. Employers are also trying to change the conditions of dismissal: they force them to submit a report, complete a series of assignments, or work for several days. These actions are also illegal.Dismissal without working off according to the Labor Code - a list of cases when working off is not necessary
In Art. 81 of the Labor Code lists all exceptions to the general rule. An employee may not work the required period if:- enrolled in a university or general education institution for a full-time bachelor's or master's degree; retires; violated the Labor Code, local labor regulations and the collective agreement; he or his spouse moves to another city/country for work; changes place of residence medical indications; cares for a family member, child, or disabled person.
Pregnant women and mothers with a disabled child under 14 years of age are also excluded. In this case, a copy of the birth certificate, medical certificate or any other document confirming the child’s status is attached to the application. If we are talking about caring for a disabled family member, then the following can be attached as supporting documents:
- a certificate from the housing office about relatives living with you; copies of passports with the same registration; a copy of a medical report, and in the application state that the person needs your care.
Resign of your own free will
The best way to quit your job without working is to use your accrued vacation days. Every officially employed citizen has the right to a certain number of days of paid leave. The minimum is two weeks, the maximum is 56 days. The employee writes a statement in which he indicates that he will resign immediately after the vacation. Since an application for leave must be written at least a month in advance, the requirements of the Labor Code are met. The advantage of this option is that the last day of work is considered the day of vacation for which the person receives money. During this time, you can look for a new place. If the vacation has not yet been used, but it is due, then the employee is paid compensation. This rule applies even to minors and pregnant women. If an employee has not rested for two years in a row, then he can take advantage of legal leave, and for the second one receive cash. It will not be possible to “take off” two vacations. If a person gets sick during the vacation period, then, if available, sick leave, the vacation can be postponed or extended for a few more days. The following have the right to take unpaid leave without giving reasons before dismissal:- WWII veterans; working pensioners; disabled people; family members of military personnel.
Dismissal at the initiative of management
It often happens that staff are fired due to staff reductions. According to Art. 81 of the Labor Code, the employer must notify about this two months in advance and pay compensation. Some managers try to avoid this responsibility and force their subordinates to write statements on their own account. This is illegal and such dismissal can be challenged in court. Otherwise, the person is deprived of the right to receive double monetary compensation.
What documents will need to be presented?
The employee must write an application addressed to the employer. It should contain the following information:- position and full name of the manager; position and full name of the authorized person; name of the employer, structural unit, if we are talking about a large enterprise.
How to quit your job without working time - step-by-step instructions
If an employee does not have a good relationship with management or there is no good reason, it is quite difficult to quit without working, but it is possible. Let's take a closer look at the algorithm of actions. Make a decision to leave The first thing you need to do is make a firm decision to change your job. It is best to choose a new springboard for activity in advance than to go nowhere. Write a letter of resignation Write a statement according to the sample with the obligatory indication of the conditions for leaving without work. The document is drawn up in two copies. The first is transferred to the employer, and the second is certified in the office. It remains with the employee and in the event of controversial situations it will serve as proof of compliance with the law.
What to do if your boss won’t let you leave work without working for two weeks
If there are good reasons for dismissal without service, the employer does not have the right to deny this right to the employee. In practice, such situations occur frequently. In this case, it is better to contact the trade union or the Labor Commission. If an employee still wants to come to a peaceful solution, he can offer a replacement in his place. If the employer is satisfied with this option, the employment contract can be terminated on the day the application is signed. If it was not possible to reach a consensus, you will have to move to higher authorities. For example, to the labor inspectorate. This government agency accepts applications, both in person and by mail, electronically. You need to “snitch” to the inspectorate of the region in which the company is registered. As a last resort, you should write an application to the court. The proceedings may last several months. If we are talking about self-defense of labor rights, then these measures will be justified. After a decision is made in favor of the plaintiff, the employer is obliged to reinstate him in his position. former employee, calculate and pay him compensation for downtime.
According to the Russian labor legislation, an employee who decides to quit is required to work the required two weeks. But is it possible to quit earlier? This rule has exceptions, so in certain cases, and you can leave the organization immediately after submitting your application.
By law, a person who decides to leave his job voluntarily must notify his manager of his decision to quit 14 days in advance. This term is called working off.
The law also regulates other deadlines for dismissal. This may be in cases where a layoff procedure has been announced at the enterprise, the employee is warned about this two months in advance.
The maximum period during which an employee must perform his duties (two weeks) can be reduced if he was initially accepted by the manager on special conditions. They should be written about in . So, the special conditions are as follows:
- According to , the employee was hired as part of a probationary period.
- The person is registered to perform seasonal work. If the manager decides to dismiss the employee, then he must be informed seven days before issuing the order.
- The agreement was drawn up within the framework of Art. 292 of the Labor Code of the Russian Federation, and its period does not exceed 2 months.
While complying with the required terms, the employee must also fulfill his obligations related to leaving at his own request:
- The manager is notified in writing. The application is written 14 days before leaving, and in some cases - on the same day. Therefore, the timing may be different, it all depends on the circumstances.
- The employee is required to receive a calculation and document on work activity.
- Receipt.
- Receiving severance pay. This type of payment is usually provided for in a collective agreement.
When processing is not necessary
Is it possible to be fired without working? There are times when an employee is allowed to quit on the same day as he submits his application. In this case, the terms of the contract are not violated, and the employee does not deprive himself of the payments due to him. But if there is no reason not to work 14 days, then you can ask your boss and spend the rest of the time at home.
This method is not without its drawbacks, including the following:
- the employee is not entitled to compensation for unused vacation, since he uses it;
- dismissal date - in two weeks;
- The boss may not allow the resigning employee to go on vacation during this time; the legislation gives the right to decide such an issue to the management.
You can bypass such a formality as working off if you have one. If the person resigning has documentary evidence of a violation of his rights by management, then he also may not work for 2 weeks.
Art. 81 of the Labor Code of the Russian Federation provides for cases when an employee does not need to work 2 weeks after submitting an application. Let's call them:
- retirement;
- enrollment in full-time higher education educational institution, in connection with which it is impossible to further extend work activity;
- violations of the law by the employee;
- other cases.
Other cases include the following situations:
- new job in another city;
- the second spouse moves to work outside the country;
- caring for a child until he reaches the age of 14, a child with physical or mental disabilities or a sick person;
- care adopted child up to 14 years old;
- pregnancy.
Is it possible to quit in one day?
How to quit in one day? One day dismissal is possible, but this practice is rare. More often, those employees who are simply unreliable and have a record of repeated violations of their employment contracts are quickly released.
There are also official reasons for leaving on the day of application, these are listed in labor code. Some organizations in their collective agreements provide additional reasons for quitting one day.
If the circumstances for which a person would like to urgently leave work without working off work do not fit any of paragraph 81 of Article of the Labor Code of the Russian Federation, then the local acts of the organization in which he works can be revised. There may be additional reasons that can be cited.
It should be understood that it is not always possible to receive a settlement so quickly and immediately after notifying your superiors of your decision. Due to certain circumstances, the company's management may need several days.
Registration procedure
The procedure for dismissal without working the required two weeks is no different from standard process. Except that everything is happening faster. The order of registration looks like this:
- submitting a written resignation letter to the management of the enterprise;
- issuance of a dismissal order;
- settlement with the employee and transfer of all documents to him.
If the dismissal order is issued on the day the application is written, then sometimes you will have to wait for the issuance of documents and receipt of payment. However, the employer must make the payment no later than the next day after the employee’s dismissal.
Submitting an application
To quit your job, you must submit a notice to management. The document should reflect the fact that the employee wants to quit within 1 day. Besides, this fact requires documentary evidence.
An application for dismissal of an employee must contain the following information:
- the position and name of the person who has the right to register these applications;
- name of the enterprise;
- position and name of the initiator of this document;
- the name of the structural unit in which the employee who is leaving works;
- in the application itself it is necessary to state a request to be dismissed from work;
- the employee indicates that he wants to receive payment without working off;
- reasons for this desire;
- a list of papers that must be attached to the application, among which, in particular, there should be papers confirming the need for urgent dismissal;
- when the whole process occurs with the agreement of the parties, then it is necessary to indicate their details;
- At the end of the sheet the date, signature and initials of the applicant are affixed.
The application is signed and submitted to the personnel department of the organization or directly to the management of the enterprise. When a document is accepted, an incoming number is stamped on it.
Issuance of an order
Filling out a dismissal order is not much different from standard form"T-8". The only peculiarity of such an order is that the date of its issuance and the date of dismissal may coincide or differ by a day. The details and execution of the order are identical to other forms.
The order signed by the director is submitted to the accounting department for all accruals. The employee must also familiarize himself with the order of his dismissal and sign, which will mean consent to enter such information.
Recording in labor
It doesn’t matter whether the employee works the required 2 weeks or is fired in one day, the entry in the work book will be the same. The article on the basis of which the dismissal was made is entered in the book. An explanation is also written in it.
The entry in the work book and the entry in the order regarding the employee must correspond to each other. They cannot be different. In addition to the entry on the page, the following must be present:
- date of dismissal;
- signature of the HR employee who made the entry in the work book;
- Stamp of the company.
Employee payments
The payments due to an employee upon dismissal with service are identical to those issued upon dismissal without service. Basic compensation consists of money paid for unused vacation. But provided that there is an unused part of it.
Some companies pay extra money to pregnant women and pensioners. You can find out whether there are such payments or not by reading the collective agreement or this may be indicated in the employment contract.
Additional payments are received by employees who leave their previous place of work by agreement of the parties. To do this, you need to record the exact amount in the document. due to the employee payments.
Thus, you can resign at your own request in one day. But this requires certain circumstances provided for by law. If they are confirmed, the employer is obliged to dismiss the employee on the day the application is submitted.
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