Dismissal “without working for two weeks”: possible or not. Is it possible and how to quit without working under the labor code?

There comes a time in every person’s life when you want to do something new and interesting for yourself, to make the dreams of your youth come true.

At this moment, the individual has a choice to remain a gray worker in his place or to do what he loves, which will bring pleasure and income.

In addition to such situations, others arise that are associated with the preservation of social benefits. Then it is worth considering the laws of the Labor Code.

Before you shout after your boss “I’m leaving,” you should carefully think through the whole situation. Resigning gracefully does not mean that you tell your boss to his face about your painful situation.

This means that you will receive a minimum of time costs and a maximum of payments under the employment contract.

To resign by at will, you don’t need to come up with a beautiful reason, you need to choose the most appropriate moment.

How to quit your job voluntarily:

1. If the reason for dismissal is a conflict with management, then it is worth drawing up the document in two copies. The first one should be submitted to the manager for approval, the second one should be sent by registered mail. This way there will be no claims regarding the loss of the application and dismissal under the article.
2. It is better to write an application on Friday. This will precisely determine the scope of work, which lasts approximately 2 weeks after submitting the application.
3. If they are released early, it is worth finding out exactly the reason for such generosity. Such a gesture may be associated with material payments.
4. It is worth calculating the indexing and severance pay in accordance with the regulations of the enterprise.
5. At the time of completion of the work, it is worth returning all the things, tools, and equipment that were assigned to you at the time of work.

If you went on sick leave while working the required period, then communication regarding the termination of the employment contract and the return of the work book is carried out remotely.

What's the best way to leave without work?

The Labor Code provides for a working period of 2 weeks, when the employee has already signed a letter of resignation.

Working out is mandatory, so there is no way to avoid it unless the following nuances are present.

When can you leave without work:

• A pensioner who writes an application, but is already retired, does not need to work for 2 weeks.
• You can go on maternity leave without any work. Even when writing a letter of resignation.
• If a person quits due to joining educational institution or continuing your studies.
• In case of conscription into the army, service is excluded from the requirements.
• In case of violation of labor standards by the manager, the employee can avoid 2 weeks of work.

To avoid unnecessary questions, it is better to go on sick leave at the time of work. This is beneficial both financially and documentary.

Attention! If there are problems or conflicts with your superiors, it is better to work for 2 weeks.

This will allow you to control the process of preparing documents and calculating payments.

You can avoid detention by reaching an agreement with your superiors. In this situation, a corresponding document is drawn up.

How to make up your mind and understand that it’s time to quit

Changing jobs for people is not a whim, but a necessity. A change in environment will not lead to professional burnout, will relieve fatigue, and will allow you to develop and grow in your career.

Note! If you do not leave your unloved job on time, problems with physical and psychological health may arise.

Some people find it difficult to make a big change in their life. They need facts, arguments and evidence. There are many programs of psychologists who can argue the issue.

How to understand that it's time to quit:

How to start looking for a new job

You won’t be able to quickly find a new job after quitting your old one. It’s worth being patient and considering all your options. Maternity leave can also slow down your search for a new job.

There are several tips to help you start searching for a new place, simplifying this procedure as much as possible. Order and organization in this issue will simplify the search.

How to organize a search:

1. There is no need to rush anywhere to find a suitable activity.
2. If there is financial instability, you need to look for a job without quitting your previous one.
3. During the search process, take into account your capabilities, skills and experience in certain areas of activity.
4. You need to assess your potential in order to decide on your desired position and field of activity.
5. You need to prepare a resume, biography, Required documents. The package of documents must be compiled efficiently and correctly.
6. You can search online or by contacting the companies where you would like to work directly.
7. You need to advertise that you are looking for a job with certain conditions.

It’s worth knowing exactly the samp and the crmp of this enterprise or a company where you want to work.

Useful video

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 attitude of the employee himself. 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:

1. 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 handed work book with recording and seal, 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!

Today, any employee may have a lot of reasons for wanting or needing to stop working in a particular organization. However, labor legislation provides for mandatory work after writing. Is it possible not to fulfill this condition without working for 2 weeks?

Employee Rules and Obligations

The Labor Code of the Russian Federation states that any employee is obliged to notify the employer of his intention to resign of his own free will at least two weeks (14 days) in advance. In this case, calendar days are taken into account, regardless of the number of work shifts in them. The specified period is counted from the next day after submitting the application to the manager and his familiarization with it. For some categories employees question: “How to quit without working the specified period?” absolutely not relevant. We are talking about employees undergoing a probationary period and specialists working under temporary/seasonal contracts, the total duration of which is no more than 2 months. Representatives of these categories of workers have the right to notify their employers of their intention to terminate their employment contract three days before the actual dismissal.

Agree with management by choice or by law?

The employer has the right to dismiss any employee at his request without working off. This real chance for employees small companies having the opportunity to communicate directly with superiors. It is enough to express your request in an informal setting, and if the management meets halfway, leave workplace It is possible even the next day after signing the application. How to quit without working for 2 weeks, if you really need it, but your boss doesn’t want to put you in the position of an employee? This is possible under special circumstances. But remember that the reason will have to be indicated in the application, and also (at the request of management) confirmed with documents. The term of dismissal is indicated by the applicant independently. If the requirement stated in the application is not satisfied, the employee has the right to file a lawsuit.

Special circumstances for quick dismissal

Stop your labor activity Students admitted to an educational institution are eligible. To confirm this fact, you will need a corresponding certificate from the university. Also, pensioners are dismissed without service upon reaching their retirement date. Leave of your own free will as soon as possible It is also possible if the employer exceeds his authority, acts unlawfully or violates labor laws in other ways. When dismissing for this reason, it is necessary to have evidence of violations. These three reasons are listed in Article No. 80 of the Labor Code of the Russian Federation; the same article allows for the possibility of dismissal within the time frame required by the employee under other valid circumstances. There is no detailed list of other reasons in the labor code; you should focus on the by-laws.

Other reasons for dismissal without work

Is it possible to resign without work if the reasons for this decision are related to the family or other area of ​​the employee’s personal life? The laws of our state allow this possibility, but the employee needs to be prepared for the fact that the need for urgent dismissal will have to be confirmed, as is the case with the main reasons prescribed in the Labor Code. The basis for termination of the work contract is a change in the region of permanent residence, as well as a long-term work trip of the spouse to another country/region with the provision of a place for the whole family to live, a deterioration in health that makes it impossible to stay in a given region, or the performance of official duties in the position held. For those who don’t know how to quit without working, their own children can help. A pregnant woman or the mother of a child under 14 years of age can terminate a contract with an employer at any time. Also, any of the parents can quit without working if the family has many children (more than three children), and all the children have not reached the age of 16, or 18, but provided that the latter are students or students of general education institutions. The basis for quick dismissal is also the need to care for a sick family member (this requires an appropriate medical prescription) or a disabled person of the first group.

Do you want to quit? It's time to get sick!

In labor law Russian Federation There is no indication that after the warning it must work. This is a great and, most importantly, completely legal loophole. Have you already figured out how to quit without working for 2 weeks? It’s simple - just notify management of your intention on the eve of going on sick leave or after it starts. In this case, the employee writes a statement of his own free will and sends it to his superiors. After which he turns to medical institution and draws up sick leave. Accordingly, the employee has the right not to go to work due to illness within the time limits specified in the sickness certificate. At the same time, exactly two weeks after writing the application, you can request a calculation and work book from the personnel department.

How to quit without working time by taking a vacation?

Upon dismissal, employees who have vacation leave have the right to demand financial compensation or apply for vacation for the remaining two weeks of work. If possible, you should coordinate your decision with management in advance. But even without a personal agreement, management does not have the right not to release the employee or refuse to dismiss him immediately after the end of his vacation. If it’s not a matter of urgency, but a reluctance to work, then you should choose a period for dismissal with a lot of days off. For example, those who are on probationary period, you can quit without working the required three days. It is enough to write an application on Friday (with a 5/2 schedule). And already on Monday, after the standard weekend, you can demand actual dismissal.

Sample application

An application for voluntary resignation may have free form. Its “header” indicates the addressee - CEO company and the full name of the organization itself. Don’t forget to indicate your position and full name on the bottom line of the header. The statement indicates your wish (“to dismiss at your own request”). If there are special reasons, these should also be indicated along with the desired date of dismissal. Documents confirming the importance of the existing circumstances must be attached, and an inventory must be made at the bottom of the application itself. If an employee is going to leave work without working time due to health reasons, a certificate from a medical institution is attached. It should be called that in the description. For some documents, copies will be sufficient, for example, if these are internal orders of the organization in which the applicant’s spouse works regarding his transfer to another region. The final part of the application is the date of its submission and a signature with a transcript of the applicant’s passport data.

Sue or settle?

What to do if an employee knows how to quit without working for 2 weeks, and has found a suitable option from the acceptable labor regulations, but the employer insists on working off? This is a violation labor legislation, provided that the first one did everything correctly and completed the documents correctly. The right decision an employee whose rights have been violated will have to go to court. But you can’t count on a quick trial; most likely, hearing and studying the materials will take several months. So maybe it’s really better to try to negotiate peacefully with your superiors and work the allotted time, or recommend a specialist with good resume? There are indeed several ways to quit quickly, but it is much easier to plan such serious changes in own life in advance and resign on general terms.

How to quit your job and why is it so important to do it right? Read in the article.

If you had problems finding an available vacancy, if you didn’t know how to quit your job, if you have had difficulty choosing a field of activity, this can only mean one thing: you still have not subscribed to the mailing list of articles from this most useful site.

It was no coincidence that I started talking about topics related to work and career, because today we will touch on one of them.

I believe that everything should be done as well as possible.

It is necessary not only to start activities in a new place correctly, but also to part with the old team and boss without problems or scandal.

Today we will talk about how to quit.

Why is it so important to quit your job the right way?

Bosses, they are like the girls from a stupid but popular song.

There are different bosses: black, white, red.

That is, some were quite lucky with their boss, while others got a true fiend of Hell.

And when you have a chance to escape from this demon (you find a new job), an irresistible desire arises: to tell the bastard boss everything you think about him, and at the same time notify your colleagues about your “fair” regarding their submission to the satrap .

This desire is quite understandable, but try to accumulate all your strength to drive it away.

The husband of one of my friends often repeats the phrase: “You need to leave in such a way that you can always return.”

It seems to me that he is absolutely right, because you never know how your fate will turn, the law of the boomerang has not yet been abolished.

What if things don’t work out for you in your new place?

What if you have to cooperate with the old one?

And you have already burned all your bridges with no hope of rebuilding them.

Besides, try to look at this situation from the other side.

I once witnessed a disgusting picture of the departure of one of my colleagues, who did not know how to quit your job correctly, so I started a most disgusting scandal in the office.

He yelled about what idiots we all are, and what a scumbag our boss is.

It is clear that he seemed to himself to be a fighter against evil in a spotless cloak, but we saw only an ill-mannered loser with a bunch of complexes.

Mistakes of those who do not know how to quit their job correctly

Not all people deliberately try to leave by slamming the door loudly.

For some, this happens naturally because they simply do not know the rules for ideally quitting a job.

The most common mistakes when changing jobs look like this:

The desire to break old ties in one fell swoop and, at the same time, to take revenge on everyone who did you bad or hurt during your work.

And you just need to leave, while saving face.

The misconception is that you can completely do without maintaining good relations with my former boss and colleagues.

What about the fact that you may well meet one of your colleagues at seminars, conferences, or anywhere?

The habit of telling nasty things at a new place of work about your old colleagues, about how much you had to endure while you worked in this branch of Hell.

Particularly talented applicants begin to do this during the interview, and then they are surprised: “How is it possible: they didn’t hire me?!”

Unwillingness to defend one's rights.

There is no need to make a scandal, but it is necessary to talk (namely, talk, and not yell obscenities) about compensation for unused vacation or about the timing of payment of the rest of the salary.

Manipulating a new job offer in order to obtain a salary increase or a management position.

Idiots don't become bosses, so they'll find out in no time and get you into trouble.

Quitting your job without causing problems for yourself or other people is quite simple.

The main thing is to follow these tips:

Tell your boss first that you are about to leave.

Not in secret to half the office, but to your boss.

It’s better to do this in private, and not shouting: “That’s it, you goat, your dominance is over, I’m going to a place where I will be loved and respected!” in front of the entire team.

Remember that you must write a statement two weeks before leaving.

Don't flatter yourself with hopes that you threw in your application and were free in 5 minutes.

A smart boss will be able to drink another bucket of your blood in these two weeks if you don’t resolve the issues with him in an amicable way.

Finish all your work.

Don't leave any tails to the new employee who comes to take your place.

Why do you need curses sent by a newbie trying to clear away your rubble?

Don't indulge your villainous instincts.

Do not handle paper clips, files, paper, or push pins with both hands.

Well, why do you need all this?

To destroy the remnants of self-esteem with the help of unnecessary trash?

Don't be impudent during the mandatory two-week detention period.

There is no need to constantly be late and go home early, demonstrating with your behavior: “I don’t care, I hardly work here anymore.”

Be careful that you, as someone who is almost unemployed here, are not paid the same amount. wages for the last month.

Leave gracefully, saying kind words to your colleagues and boss.

If this is customary in your office, then you can even set a “departure” (to set the table - this is a transcript for the dull).

Don’t tell everyone how good it will be for you, what prospects await you there.

Hell, worse than the current one, may well await you there, and such tales will irritate your colleagues and superiors.

1. Remember that the results of your activities belong to the old office (unless otherwise specified in the contract), so you should not take these achievements with you.

Leave your work area clean.

Clean out your desk drawers, throw away all unnecessary papers, and take personal items with you.

Leave with a smile on your face and gratitude to the people with whom you worked side by side, and to the boss, thanks to whom you had money for your bread and butter.

Even if there is nothing special to thank for, make an effort.

The tips presented in the video below will also be useful.

Let's look and remember:

If you stick to these simple rules and avoid making common mistakes, you will never again feel ashamed of your actions as you did before when you didn’t know how to quit your job.

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How to quit on favorable terms? From the point of view of the labor code, there are two different grounds for termination of an employment contract: at the initiative of the employer and at the initiative of the employee. The difference is obvious - who wants labor Relations stop, he initiates the dismissal. Why, in a situation where the employment relationship does not suit the employer, should the employee still express a desire to terminate it? The very formulation of the question is already suggestive, because the main reason for dismissing an employee is the employer’s desire to get rid of an unwanted employee. It should be noted here that getting rid of formal encroachments on your employment relationship does not allow you to solve the main problem - the employer’s reluctance to continue the employment relationship with you.

If you are asked to write a letter of resignation of your own free will, then, first of all, the employer wants your employment relationship to end. Why, in the employer’s opinion, they should stop at your request will be discussed below.

As a rule, employers are guided by the following considerations.

1. The employer does not have the right to fire an employee on his own initiative simply because “that’s what I want!” The law, namely Art. 81 of the Labor Code of the Russian Federation, contains an exhaustive list of circumstances that give the employer the right to terminate an employment contract with an employee. The circumstances are as follows:

1) liquidation of an organization or termination of activities by an individual entrepreneur;
2) reduction in the number or staff of the organization’s employees, individual entrepreneur;
3) the employee’s inadequacy for the position held or the work performed due to insufficient qualifications confirmed by certification results;
4) change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant);
5) repeated failure by the employee to perform without good reasons work responsibilities, if he has disciplinary action;
6) one-time gross violation of labor duties by an employee:
a) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day (shift) );
b) the employee’s appearance at work (at his workplace or on the territory of the organization - employer or facility, where, on behalf of the employer, the employee must perform labor function) in a state of alcoholic, narcotic or other toxic intoxication;
c) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties, including disclosure of personal data of another employee;
d) committing at the place of work theft (including small) of someone else's property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a resolution of a judge, body, official authorized to consider cases of administrative offenses;
e) a violation by an employee of labor protection requirements established by the labor safety commission or the labor safety commissioner, if this violation entailed serious consequences (industrial accident, breakdown, catastrophe) or knowingly created a real threat of such consequences;
7) commission of guilty actions by an employee directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer;
8) the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;
9) adoption of an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;
10) one-time gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;
11) the employee submits false documents to the employer when concluding an employment contract;
12) cases provided for employment contract with the head of the organization, members of the collegial executive body organizations;
13) other cases established by this Code and other federal laws.

Thus, if the employer asks you to resign of your own free will, most likely, he does not have legal grounds for terminating the employment relationship. That is why the employer needs your desire in writing.

Dismissal at your own request is one of the fastest and easiest. The employee wrote an application, indicated in it a request to terminate the employment relationship from the date the application was written, the employer agreed, and that’s it - the employment relationship was terminated. Tomorrow this employee will no longer come to work and will not be an eyesore to his disgruntled bosses. In addition, upon dismissal of his own free will, the employee is not entitled to any compensation payments. That is why they are so eager to dismiss “at their own request” when reducing the number or staff, when by law every employee has the right to payment of severance pay and preservation of average earnings for the period of employment.. Do not forget that if you have passed training at the expense of the employer and signed an appropriate agreement with the condition of working for a certain period of time, then upon dismissal of your own free will, the cost of training may be collected from you! As you can see, the employer has an excellent opportunity to save money on such a dismissal.

The legality of dismissal at will is very difficult to challenge in court. The Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” states that if the plaintiff claims that the employer forced him to submit an application for dismissal of his own free will, then this circumstance is subject to verification and the obligation to prove it is assigned per employee. It is extremely difficult to obtain such evidence, especially after dismissal, so you need to prepare the evidence base in advance, but more on that below.
Summarizing the above, we can say that dismissal of an employee “at his own request” is the cheapest, most convenient and quick way the employer is guaranteed to part with an unwanted employee.

What to do if you are forced to resign voluntarily?

There seem to be at least three options:

1. If a conversation with an employer has led you to think that your job is really worth changing (that is, you really have a desire to terminate your employment relationship), then you should write a statement and resign of your own free will. The rules are as follows.

In accordance with Art. 80 of the Labor Code of the Russian Federation, an employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

In cases where an employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's statement.

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

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to work, upon the employee’s written application, and make a final payment to him.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

2. If you really value your job and would not like to part with it, then, first of all, you should try to have a constructive conversation with your employer to find out why the employer is so eager to get rid of you, and whether you can do something with your parties to rectify the situation.

2.1 Most often, pregnant women find themselves in this situation (from whom, for some reason, it is customary for employers to get rid of them). What can you offer the employer in such a situation?

If the employer is illiterate, he may believe that a pregnant woman, and subsequently a woman having a child, will place an additional financial burden on the organization. This is not so, since all benefits for insured women (you are insured if the employer pays the unified social tax from your salary, or rather from the wage fund, which includes your salary) are paid from the Social Insurance Fund.

Also, the following motives can motivate an employer:

- he doesn’t want to look for a replacement for you,
- there are difficulties in finding an employee of your level (if you are such an irreplaceable specialist, then getting rid of you makes no sense at all, which should be hinted to the employer),
- It is difficult to train existing employees.

What solution to these problems can you offer the employer?

a) The employer has the right to hire another employee during your maternity leave and child care leave, concluding a fixed-term employment contract with him to replace the temporarily absent employee. So that the employer does not subsequently have difficulties with his dismissal, the term of the contract should be stipulated, for example, “for the period that Ivanova T.M. on maternity leave."

b) Your responsibilities can be distributed among other employees with their written consent, with the establishment of appropriate additional payments for them for performing the duties of a temporarily absent employee (the employer has free funds in the form of your salary and this can be used to establish additional payments). The possibility of such distribution is provided for in Art. 60_2 of the Labor Code of the Russian Federation, according to which, in order to fulfill the duties of a temporarily absent employee without release from work specified in the employment contract, the employee, with his consent, may be assigned additional work, either in a different or in the same profession (position). The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.

What can you offer the employer on your part? Help select a replacement and bring her up to date before you go on maternity leave, and also, perhaps, promise to supervise her remotely (via telephone or the Internet, if your work allows it) until the birth, or until you return to work. If the employer chooses the option of assigning additional responsibilities to existing employees, then you can help them get up to speed and leave them with as much work as possible. detailed instructions, your telephone numbers or provide another opportunity to contact you to resolve current issues. In general, you have the right to continue working without going on maternity leave at all before giving birth, or to work from home, or to work part-time. As you can see, there are many options; you just need to find the one that will satisfy both you and your employer.

A trade union, if there is one, can be a good mediator in finding a compromise with the employer, so be sure to contact them there too.
If, despite all efforts, it was not possible to reach an agreement with the employer, then further actions depends on whether you are ready for open confrontation or not.

2.2. If you do not have the strength to resist the employer, then you should write a letter of resignation of your own free will, having previously prepared for reinstatement at work in judicial procedure. To do this, you should stock up on evidence of the “forcedness” of your “voluntary” dismissal. The easiest way is to record your conversation with your employer. It is important that the voice recorder records threats or other pressure on you from the employer. You can provoke the employer into a conversation in the presence of colleagues or other persons who will subsequently be able to testify in court (you should not rely too much on colleagues, since it is rare that an employee will agree to testify against his employer). Once you have received the evidence, you can write a statement.

Attention! A hint about the types of liability for late payment of wages.

Our experience shows that this course of action will most likely not solve your problem. There is a small chance that the employer will understand that it is better not to contact you and will leave you alone. However, the most likely scenario is repeated dismissals, continued pressure and other illegal actions.
What happens next depends on your persistence: how many times you are ready to be reinstated at work through the courts (keep in mind that the actual time frame for considering cases of reinstatement at work ranges from six months to a year).

2.3 If open confrontation does not frighten you, then be prepared for the fact that, having lost the opportunity to get rid of the employee without any hassle, the employer will look for other options. As a rule, all “creative ideas” of employers can be divided into two categories:

- those who pursue their goal to create in you a desire to resign of your own free will;
- those that give the employer the right to terminate your employment relationship for other reasons. Since all other grounds require the presence of objective circumstances (and we have already said that since the employer needed your application, he has no other legal grounds to fire you), these circumstances will be “artificially created.” The only advice that can be given in this situation is not to give the employer grounds for dismissal.

3. Quit, but on favorable terms.

Since, as stated above, the employer’s interest is not only in getting rid of you as an employee, but also in doing this as quickly, simply and without conflict, it is possible to bargain for providing the employer with such resource savings. What can you ask in exchange for your consent to resign? The law does not limit you in anything; the specific result depends only on your ability to negotiate. For example, you can condition your voluntary dismissal:

— payment of severance pay (the amount is arbitrary);
— providing written positive recommendations for subsequent employers;
— providing a specific time for searching new job;
— provision of unused annual leave with subsequent dismissal;
- and so on.

You should not trust oral agreements with the employer, so in this case you should seek dismissal by agreement of the parties. The Labor Code of the Russian Federation very briefly regulates this type dismissal, which gives you the opportunity to include in the dismissal agreement any conditions that you agree on with the employer. If the employer refuses to terminate the employment relationship with you by agreement of the parties, at least do not ask in your resignation letter to terminate the relationship with you before the expiration of the two-week notice of dismissal. In this case, you will give the employer two weeks to fulfill the agreed conditions (or provide you with guarantees of their fulfillment), but if after two weeks the employer does not fulfill the agreement, you will be able to withdraw your application, which will deprive the employer of the legal basis to fire you.