If the employer does not fire at his own request. Dismissal at your own request

29.04.2019

In the life of any person, situations may arise when you urgently need to quit your job. For example, you have been offered a good vacancy and are asked to start work as soon as possible. It would be useful for any employee to learn how to quickly quit a job.

The general rule, which is probably known to all employees, is dismissal for at will possible upon written application, which is submitted no later than 2 weeks before the date of dismissal.

Exceptions to the general rule

Every rule has exceptions. Thus, in the following cases, the notice period for dismissal is reduced to three days:

if your probation has not yet expired (Article 71 of the Labor Code of the Russian Federation);
if your work is seasonal (Article 296 of the Labor Code of the Russian Federation);
if you work under a fixed-term employment contract concluded for a period of up to two months (Article 292 of the Labor Code of the Russian Federation).

In addition, in some situations, the employer is obliged to dismiss the employee on the day that he indicates in the application. These are cases where the employee cannot continue working for valid reasons. The Labor Code of the Russian Federation calls such reasons: retirement, admission to educational institution. It's just sample list grounds. This may include admission to military service conscription, caring for a sick relative, moving to another city. However, there may be disagreements with the employer regarding the presence or absence of such grounds, since the concept of “good reason” is evaluative.

You can resign on the desired day even if the employer violates labor laws, employment contract etc. (Article 80 of the Labor Code of the Russian Federation). However, such a violation, according to the Labor Code of the Russian Federation, must be established. This is a violation that was detected by authorized entities ( labor inspectorate, trade union, commission on labor disputes, court) and documented. For example, the labor inspectorate revealed a delay in payment wages and subsequently a decision was made to bring the employer to administrative liability. This circumstance absolutely makes it possible to resign within the period specified in the application.

In general, non-payment of wages (like many other cases) is an obvious violation, but you cannot be sure that the employer will agree with your wording in the statement if the violation is not recorded.

The law provides for the possibility of dismissing an employee by agreement with the employer. This means that, if the employer does not object, you can quit on any day specified in the application (including the day it was written). Not every employer will agree to this. We will provide tips that can facilitate peaceful dismissal by agreement of the parties.

There is no need to inform colleagues in advance about your intention to quit and consult with them on how best to do this. Sometimes this can cause Negative consequences. So, one of your colleagues may begin to regard you as a “traitor”, and may not be averse to annoying you.

A quick dismissal will be facilitated by finding a candidate for your place of work, or better yet, several candidates. Of course, employees are not required to do this. But in some cases it will be much easier to come to an agreement.

Have a heart-to-heart talk with your boss, explaining the reasons why you need to quit quickly. Perhaps, as a result of the conversation, you will be offered profitable terms job, and you will change your mind about quitting.

Very often, employees are interested in whether they can write a letter of resignation and go on vacation or sick leave. And can the employer force them to “work” for 14 days. Most often, such questions arise if the employer does not make concessions and can only be won by cunning.

First, let's define the concepts. “Working off” is not a labor law concept, but everyone is used to using it. We should talk about the notice period for the employer about dismissal. You have an obligation to notify the employer 14 days before the date of dismissal, but you do not have an obligation to work anything off. Therefore, you can quit while on vacation or sick leave. It doesn’t matter what you do during these 14 days - work, get sick, rest.

If you decide to quit while on vacation or sick leave, then the best option The resignation letter will be sent by registered mail with notification and a list of attachments.

It is very rare to meet a person who could work in one job all his life. As practice shows, people often change jobs due to various circumstances. There can be many reasons: the relationship with management didn’t work out, the team didn’t accept you, the salary stopped making you happy, you don’t see any prospects for development, or maybe you just found a new one high paying job. And, it seems, everything seems simple - inform your boss, write a correct resignation letter, get a payment, and hello new life. But this is precisely what scares me the most. We’ll look at how to properly quit your job of your own free will in 2019 and not feel awkward at the same time in this article.

At your own request

For yourself, you must understand the main thing that the law is on your side and you are not committing a crime when you quit your job. You must act correctly and according to the rules. First and most importantly, you need to inform your boss two weeks in advance about your decision to quit. You can familiarize yourself with this law in Article 80 of Chapter 13 of the Labor Code of the Russian Federation. By the way, Chapter 13 is entirely devoted to issues of dismissal. Be sure to talk personally with your boss and explain why you want to resign of your own free will. Of course, it is better to correctly and accurately explain the reason for your leaving. It will be right. There is no need to forget that the earth is round and negative statements can have a negative impact on you in the future.

There is no need to send your resignation letter to your boss by mail, and it is very important that your boss is the first to know about your decision to leave, and not through rumors from colleagues. Next, you will need to write an application in the prescribed form. The document must indicate the reason and date of dismissal. The date will be your last working day and only the next day you will be free. This application must be signed by the supervisor and dated. Then on the last day of work you will receive work book and calculated.

Payment must be made for all days worked at work, as well as cash for unused vacation.

You should also know that if you decide not to quit within 2 weeks, you have the right to withdraw your application. Dismissal may not occur if a new employee is not invited to take your place in writing. If the dismissal document has expired and you decide to remain at your job, then the employment contract continues to be in force.

Without working off

Believe me, you can quit without working. As it turns out, this is not a myth. Initially, you can communicate directly with your boss and come to a common agreement. Dismissal will occur by agreement of the parties. Termination of an employment contract can take 2 days or 5 days, it all depends on the initiative of the parties. You can familiarize yourself with this law in Article 78 of Chapter 13 of the Labor Code of the Russian Federation. You can also quit without working a two-week period if:

The application was written at my own request before going on vacation. And the two-week period will be counted as work.
You are on maternity leave and have decided to quit without leaving this leave. So there is no need to work it out.
You are on sick leave, there is no work done. Sick days are counted towards a two-week period.

If a force majeure event occurs, a child or relative falls ill, dismissal may be considered without work. But of course, in agreement with the authorities. If you suddenly receive a refusal, you have the right to go to court and appeal the decision of your superiors.

The following may also serve as valid reasons not to work out:

Moving to another city;
enrollment in studies (full-time);
caring for sick relatives, disabled people, young children;
your health condition does not allow you to work in this position.

When retiring, an employee, according to the Labor Code of the Russian Federation, is the same employee as everyone else. He has all the same rights as before. But having received pensioner status, he had small advantages. First and most importantly, a pensioner can resign of his own free will without notifying his superiors 2 weeks in advance. He must write a statement and simply indicate the date of his last working day, which he considers necessary. In order to properly resign from a job, the application must indicate the reason - retirement. If this reason is not indicated, then work is required.

You might be interested in: List of things a woman needs to take on a business trip

A pensioner can be dismissed for production and organizational reasons if he cannot fulfill his job duties related to age-related feature. In this case, he may be offered a transfer to easier working conditions, but only with the consent of the employee himself in writing.

If there is a reduction in staff, then the pensioner must be offered to move to another position, but at the same time maintain his salary level. Management must notify him, like all other employees, in writing. But, in this case, he will retain the right not to work for 2 weeks.

Before vacation

First, you need to determine how many days of vacation that you have not yet taken off are in stock. An employee is legally entitled to 28 days a year. The first rest is provided after six months of work. Once you know the number of days you have, you can decide what to do. If there are less than 14 of them, then you definitely need to inform your boss about the decision to quit in advance, before going on vacation. This will be right on your part, otherwise you will need to work off the days that remain.

The manager may not send you on vacation if it is not included in the vacation schedule drawn up for the current year. Then you will simply receive a cash refund for unused vacation days. If you are still entitled to rest and you have written an application, then the last day of vacation will be your day of dismissal. You will receive a work book, it will indicate the date last day your vacation.

“Don't quit your job before you find a new one,” we've heard this mantra a million times. Are you tired? Are you sick? Do you need a break? These are all excuses, whispers an inner voice (which sounds suspiciously like the voice of a colleague, a friend, or one of the young people at the next table whose conversation you accidentally overheard). If you leave now, you will lose. Don't quit your job. Don't make a mistake.

What can you answer to this voice? At a minimum, this is this: the option that seems safe to us is not always the most reasonable. When under extreme stress, we switch to survival mode. And in this mode, we are not inclined to think soberly and thoroughly. We are afraid of risk. We think about only one thing: relax and forget.

In addition, in such a state, the chances of finding something better tend to zero. Trying to break out of one captivity, we easily fall into another if we cannot adequately weigh all the pros and cons. It happens that a person simply does not have the strength to fight for Better conditions. He is exhausted, his fighting spirit has disappeared - only a sluggish, lifeless body remains. Can you hope to impress the next personnel officer in such a state?

Before deciding whether to stay in a stressful or unpleasant job, take stock of your situation. Perhaps you just need a break to recover. Here are some points worth taking a closer look at.

You don't feel safe

Your safety comes first. If you don't feel safe at work, you should quit, even if your finances aren't in good shape. better position. Some workplaces can be real places of increased danger - such as disadvantaged areas of the city, zones of radioactive contamination and military operations.

If you are being harassed or threatened at work, tell management. If you remain silent, no one will defend you. If attempts to defend your rights have led nowhere, or after a “lull” the pressure on you is renewed with renewed vigor, leave boldly and as soon as possible.

Work is taking a toll on your health.

Remember: your health is always more important. The word “stability,” so beloved by many, acts like a slow poison. We become passive, not ready for action - even when our previous life brings only suffering. Is your job killing you - physically or in any other sense? Then you should quit as soon as possible, while you still have some strength left. In some places people work in fear all the time. How can you go to an interview in such a state and expect to be appreciated?

You feel unsure of yourself

Over time, the hatred of work can become so strong that in search of salvation you will be ready to clutch at any straw.

It could be a simple “hack job”, work under the wing of a friend, the advantages of which boil down to the fact that it brings in a little money and allows you to escape from the hell of your former life. But often such respites drag on, and your determination to look for your dream job quietly evaporates.

You need a break

“I was fed up with my job,” says Alexander, “But I was simply not ready to take on a new one right away. I didn't have enough time and inner space to understand what I wanted. I was in a terrible state. I had to leave before I could think about anything else."

Alexander quit, despite the fact that his colleagues considered his action to be madness. But he himself admits that he felt relief: “My blood pressure probably dropped by half the minute I left the building.” He decided to take a three-week internship at a new company and got the job a week after graduating.

“This job was completely unrelated to my previous career, I was paid less, but so what? - says Alexander. - I work, I help people. Now I see meaning in what I do. And I can calmly plan my next steps.”

You don't have time for yourself

“I’ve never quit a job without knowing where to go,” says Barbara. - But now I had to do it. My previous job consumed all my energy. While I was there, I couldn't imagine my life outside the office. I felt stuck and couldn't move. Now I can concentrate and understand what I really want.”

If, when returning from work, you feel completely overwhelmed and squeezed out, you will simply not be able to look for a new job. It may end up being just as unsatisfying in your new job. Listen to your body - it won't deceive you.

If you need to quit your job first just to look at yourself in the mirror and figure out who you are and what you want, do it without delay!

About the expert

Liz Ryan- founder of the consulting company Human Workspace.

From time to time, some people come to the idea that they need to change jobs. Sometimes the reason may not be that the job is bad, but that changes in life are simply needed. Gone are the days when a person could work in one place for his whole life and be satisfied, because there was no choice.

Now is the age of progress, when new types of activities are being developed, and everyone can try to choose among many different jobs. After all, the main thing is that work should bring pleasure and not be a heavy burden. We work to live, not live to work. Each sector in life should have its place. Remember, work is just an addition to everything else. Give her the allotted time without sacrificing something much more valuable, such as relaxation and family.

If the issue of dismissal is finally resolved, then how to quit your job correctly so that this change in life benefits everyone?

Why change jobs?

Check your motives. Some people quit just to... satisfy your ambitions. They believe that in the same place:

they are not valued as a good worker;
they are underpaid, but they deserve more;
They constantly find fault and demand a lot.

Often these problems arise due to employee's relationship. Many people allow themselves to be systematically late, fail to deliver work on time, or engage in extraneous activities. And it is clear that the attitude of the authorities is changing. After all, the employer pays for Good work, and not for beautiful eyes.

Maybe, there was a conflict, as a result of which the person decided to leave or circumstances simply changed. But if you still don’t like something, then leaving is not a way out of the situation. There is no need to run away from problems, they need to be solved. And there are no guarantees that everything will be your way in the new place. This doesn't happen! Change your attitude towards a situation or towards individual people, and this will make you feel much better. No one wants to be misunderstood as an irresponsible person who changes jobs like gloves.

If the problem is salary, why not go to the boss and explain everything as it is. After all, everyone is human and, perhaps, he will enter into your position and improve it. But to take such a step, you need to be a diligent worker and prove yourself well. Each work done must be paid accordingly.

All is decided…

If the above does not apply to this situation, then you should familiarize yourself with the Labor Code in order to find out how to properly quit your job.

Letter of resignation drawn up in writing and submitted to the boss. It must be signed by the supervisor and recorded in the ledger, if there is one. You should not inform your colleagues about your decision before talking with the employer, it is simply indecent. The boss deserves to be the first to know. In this conversation, it is necessary to follow the rules of good manners.

There is no need to talk about what you don’t like about this vacancy or, even worse, about your personal dislike for the manager. Break up amicably so that in the future you won’t be ashamed to look him in the eyes. And remember, life is such a thing that everything can turn like a boomerang, and you still have to come face to face with your former employer.

It also depends on the relationship with your superiors as to which article will be entered in the work book, and this affects a lot. Even if the treatment really wasn’t the best, you still shouldn’t be like such people. You need to maintain your own dignity. After all, what makes a person beautiful is his inner qualities.

Dismissal process

After completing the application, the hardest part lies ahead. It’s worth preparing for such a conversation so that everything is under control. Think about how to respond if your boss starts offering new conditions, for example, a salary increase, vacation, or less workload. After all, no one wants to lose a good employee, and is ready to retain their staff by any means necessary.

If the dismissal is due to the appearance of a new job, then you will have to reject the above proposals and stand your ground. Thank your manager for good cooperation, such behavior will help maintain a positive opinion of yourself.

Notice is given two weeks before leaving, this is worth remembering. Sometimes this period is reduced by mutual agreement. Or it increases due to the fact that it is necessary to find and train a new employee. After all, such a decision may take the employer by surprise. Perhaps there is a need to finish a major project or catch up on other things. It will be better if there are no tails left behind you.

You have the opportunity to change your mind within 14 days. Some employees manipulate their bosses with such statements in order to raise their salaries. But if a person decides to leave, it’s worth doing so. After all, manipulation is a dishonest technique. The opinion in the team will immediately change, and it is already very difficult to regain the former respect.

The most common dismissal options

You can quit under various articles of the Labor Code, but it depends on future life. It's best to leave your job when there is an alternative. But if you are forced to leave without moving to another place, you need to consider the following points. There are two common options entries in the work book:

Dismissal at your own request.

There is a significant difference between these two concepts. If you intend to register with the employment center after leaving your job and receive the unemployment payment required by law, it is better to resign by agreement of the parties. And you will receive compensation almost immediately upon accrual. And if you quit using the first option, you will have to wait a long time.

It is not enough to just wait for an offer from the employment center, but you need to look for suitable vacancies yourself. You can turn to friends, ask around relatives or acquaintances. It is also effective to place your resume on the Internet, this way you have a better chance of finding a suitable place, since everyone uses the Internet now. Look through advertisements in the newspaper from time to time.

But if a conflict arises with the employer, then there is no hope for a positive outcome. An employer can also fire you due to certain errors, which will reduce your chances of finding a good job. Therefore, it is necessary to part on a positive note. You can also ask letter of recommendation, where the boss will describe all the skills and character traits that affect professionalism.

After termination of the employment contract the employee is given a work book with a record and seal, a salary for last period time. If there unused days vacations, you can take them or receive monetary compensation. But if the employer refuses to provide what is required by law, the employee can sue. After all, this legal rights and they must not be violated.

Quitting a job is a very serious step, especially if a person has worked for a long time. It is necessary to weigh the pros and cons, because this new turn in life. It's worth considering whether the new job will satisfy all your needs, both physical and emotional. If they promise a high salary, then the requirements will be appropriate. Some employers want their employees to devote themselves completely to work, without seeing any weekends or holidays. Remember folk saying- the quieter you go, the further you'll get.

Don't sacrifice your family for better earnings. After all, money is not more valuable than the people you love. With the wrong attitude you can lose everything. Many people decide to have a busy schedule in order to provide their children with everything this world offers. But children need love and attention, and no toys can replace this.

You need to be savvy in all matters and when it comes to dismissal!

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

Is it possible to quit without working for two weeks?

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

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

Deadlines for dismissal in the Labor Code of the Russian Federation

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

Three days

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

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

2 weeks

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

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

1 month when working in a managerial position

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

For what reasons can you quit without working?

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

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

Special circumstances provided for by law

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

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

How to quit your job without working time

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

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

By agreement of the parties

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

Sick leave

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

Vacation followed by dismissal

According to the law, you can go to another vacation and quit immediately after its completion. These may be situations resolved labor legislation, When:

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

At the initiative of the employer

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

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

Sample resignation letter

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

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