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The procedure for dismissal from work has been worked out in the legislation to the smallest detail - in most cases, the employee needs to warn the manager by writing a letter of resignation and work for another 2 weeks. The question of how to quit without working off may be relevant for those workers who leave work due to own will, but due to life circumstances is unable to work for another 2 weeks. For example, this may be due to life circumstances - health status 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 analyzes in detail the issues related to the dismissal at the initiative of the employee, and it is precisely here that the need to work out the required two weeks is legally determined. This period begins to count down on the day the director receives the letter of resignation, 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 for 2 weeks upon dismissal, you need to know that this article of the Labor Code of the Russian Federation also states 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 time of working off.

Deadlines for dismissal in the Labor Code of the Russian Federation

If approached strictly formally, then Art. 80 of the Labor Code of the Russian Federation does not require a 2-week working off, but states the need to warn the manager within this period (so that he can pick up a replacement, etc.). For example, if an employee writes a statement about the termination of employment before going on a 28-day vacation, then immediately after the end of the vacation, he will be dismissed of his own free will without working off. The term is also considered if the employee warns the director while on sick leave - upon presentation then to the personnel department of a disability sheet, the 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 off and stop working in an organization after 3 days. This applies when:

• the employee has not yet completed the probationary period (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 the performance of 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 warn your boss that you want to change jobs. In this case, the employee needs to work out the required two weeks from the date of writing the application, and receive a calculation 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, having agreed with which, you can terminate the employment contract earlier. In this case, it is mandatory to have written proof of the agreement reached (for example, a visa on your application).

It is convenient that if the situation changes and the employee changes his mind about leaving, the application can be withdrawn. In the case when the employment relationship is terminated by agreement of the parties or upon dismissal after a vacation, this cannot be done. However, if another person was found in place of the leaving employee who draws up employment documents, 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 an executive. Art. 280 states the need for a month's notice from the time the employer received 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 cases under consideration, this is due to the specifics of labor, which does not allow immediately leaving the previous job.

What are the reasons for quitting without a job?

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

• Admission to an educational institution - a university or secondary school for full-time education, when the study schedule does not allow you to perform normally labor obligations. In this case, supporting documents must be attached to the application.
• Entering a well-deserved rest for those employees who have reached the retirement age, a certain Russian legislation. At the same time, if such an employee of retirement age gets a job again, he loses the right to dismissal without working off.
• According to the decision of the Plenum of the Supreme Court of the Russian Federation on March 7, 2004 No. 2, a good reason, problem solving how to quit without working off is also a new appointment of a spouse with a change of residence - moving to another city or country. In this case, a certificate of transfer of the spouse to another job is attached to the application.

Special circumstances provided by law

Labor legislation considers special situations when an employee can not work for 2 weeks upon dismissal. These are situations like:

• Pregnancy and other family reasons (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 administration of the company of the norms of the Labor Code of the Russian Federation or local regulations. The situation with a delay in wages for more than 15 days is considered 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 salary at the enterprise is not paid for another two weeks, then nothing needs to be worked out. The situation is similar in case of violation of the rules of payment for the period of sick leave, transfer of benefits to pregnant women, etc. Arbitrage practice shows that justice in these cases will be on the side of the employee.

How to quit your job without a job

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

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

By agreement of the parties

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

Sick leave

Being on sick leave, and having received an appropriate medical opinion about the impossibility of performing previous duties (for example, due to injury), the employee may quit of his own free will. In this case, he provides a disability certificate to the person responsible for maintaining the time sheet in the organization, and can be dismissed immediately upon completion of the sick leave. If the period is less than the statutory 14 days for warning the director, the issue can be resolved by agreement of the parties.

Leave followed by dismissal

According to the law, you can go on another vacation and quit immediately after its completion. These may be situations permitted by labor law when:

• The employee wants to "walk" the days assigned to him and asks for leave, because he has the right to do so.
• An employee, for various reasons (for example, suddenly found new job), decides to apply while already on vacation. In this case, if there are 14 days or more left before the end of the vacation period, he will be dismissed immediately upon leaving the 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 where 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, a reduction in staff, about which he must be warned no later than two months in advance). The second group is connected with the fault of the employee himself and does not provide for working off. This may be due to:

• gross violation labor discipline (truancy, appearing at work in a state of intoxication, disclosing entrusted secrets, accidents due to violation of labor protection rules, committing a property crime);
• repeated non-compliance labor functions without good reason;
• when working with material values ​​- committing an act that undermines trust;
• immoral action of a person performing educational functions.

Sample letter of resignation

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 there should be all necessary information:

• In the header of the document it is written to whom it is intended and from whom, for example, to “Director of Boomerang LLC” Smirnov A.V. from the driver Ivanov A.S.”
• Further, in the center of the line, the name of the document is written - “Statement”.
• The basic part contains a request for dismissal without working off, if necessary, supported by a reference to the legislation, for example, “I ask you to dismiss me of your own free will without working off (according to 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 is attached )".

How to quit without working off - grounds and a sample application, mandatory deadlines for employees and managers

When moving from one place of work to another, you find yourself between two fires: on the one hand, few employers are ready to wait for a hiring employee for 2 weeks, on the other hand, the former boss is not eager to let the employee “free” on the same day he wrote the application about dismissal. We'll talk about how to quit without working off.

What is working out

First of all, it is necessary to understand what this "working off" is. There is no such concept in the current labor legislation. The "people's" concept of working off in the Labor Code is formulated as "warning the employer about dismissal no later than 2 weeks in advance." This issue is discussed in detail in Article 80 of the Labor Code of the Russian Federation. It is important that the countdown of this period begins the next day after submitting an application.

The easiest way to quit of your own free will without working off, which is described in the Labor Code, is not to be present at the workplace legally. It could be vacation or sick leave.

Legal ways not to work for two weeks

Vacation

Taking leave during work From the point of view of common sense, it should be formatted like this:

1. It is important to make sure you have unused annual leave days.
2. You write an application for a vacation, and then, having received a resolution, write a letter of resignation of your own free will.
3. You go on vacation with peace of mind: after 14 days you can pick up your work book, vacation pay and due payments upon dismissal. At the same time, in fact, you will not be at the workplace even a day after writing a letter of resignation.

This option may seem a little sly, but in fact the regulations are sustained: the boss mentally prepared for the fact that you will not be at the workplace for 2 weeks, signing a vacation application. At the same time, he was warned of the need to look for a replacement.

If you go in a crystal-clear way and warn in advance about the dismissal, and then express a desire to go on vacation instead of a two-week work, then the manager may remember the vacation schedule, that you have a vacation in May, and not in November, and refuse. In fact, this honest way can be equated with the "agreement of the parties", which we will talk about later.

Sick leave

The situation is similar with illness during the working off period: the days of warning are counted in the same way, from the moment the letter of resignation is written and submitted to the authorities, and this period is not extended for the days when the employee was sick. Important note: while staying on sick leave worker may resign of his own free will, but it is impossible to dismiss at the initiative of the employer during the illness of the employee.

Who can not work for two weeks

There are also several categories of workers who have the right to quit without working for two weeks. The Labor Code calls:

• applicants who were enrolled in an educational institution;
• pensioners (it does not matter whether it is retirement upon reaching retirement age or an employee who is already retired has decided to quit of his own free will - the consent of the employer to the lack of work is not required).

Article 80 of the Labor Code of the Russian Federation also points to other possible reasons layoffs without pay. By law, they include:

• conscription into the army;
• caring for a disabled child or minor child under 14 years old;
• Moving to another city;
• appointment to a competitive position;
• pregnancy and severe illness.

These points are not directly stipulated by the Labor Code, however, if in these cases the employer persists and forces you to work for two weeks, you can go to court, and the case will be doomed to success, which is confirmed by numerous judicial practices.

Of course, when you are dealing with a bureaucratic machine, all these reasons for dismissal without working off must be documented. Having written a statement of your own free will, attach to it a copy of a document confirming your special circumstances - an order for admission to a university, a summons to the army, an order for an urgent transfer of a husband or wife to another region for work, etc. - and with a large share the likelihood that the employer will not dare to refuse you.

What is an "agreement of the parties"

It is unlikely that anyone likes to sue, so there is another way to avoid working off. But it is designed only for a loyal and understanding boss: this is the so-called "agreement of the parties." That is, just humanly ask not to work for two weeks.

I must say that middle managers are afraid to fire an employee so easily with all due respect to the subordinate and the desire to help him. This is due to the fear that top management may decide that since parting with a staff unit is so easy, then it is not needed, it can be removed from staffing and redistribute the load among employees. Since organizations now do their best to optimize costs, including personnel costs, this is a common practice. And yet, you need to know that there is such an option to leave without working off - at least theoretically, according to the law.

Reasons for dismissal without work due to the fault of the employer

In the event that the employee has already been notified in writing about the upcoming reduction of his staff unit or about the liquidation of the entire enterprise 2 months in advance, he can quit earlier - without working off and with the preservation of all compensation payments due to him.

Another reason stipulated by the Labor Code for dismissal without working off is violation of the law or the terms of the contract by the employer. These may include:

• do not pay salaries on time;
• illegal fines;
• non-observance of working conditions and rest at the workplace.

Here it is correct not to leave on your own decision before the fact of violation is recorded. Otherwise, you can pay dearly: the dismissal will not happen of your own free will, but for absenteeism. Here is the procedure:

1. A violation occurs.
2. The violation was recorded by the labor inspectorate, the court, the trade union.
3. The letter of resignation of his own free will was written and handed over to the management. The application must specifically state that labor activity in this company, the employee stops from such and such a date due to the fact that a violation by the employer of labor legislation was established (ideally, you also need to refer to an act that confirms what was written).

Moreover, the law does not specify that the working conditions or contracts should be violated specifically in relation to the employee. Even if the enterprise delays the payment of salaries to another department, formally this can be a reason for refusing to work. Another thing is that the establishment of a violation by an instance - for example, a court - most often takes at least 30 days, and it can be faster to quit in a general manner. But it is also worth knowing about such an opportunity to get away from working out.

Who is entitled to a reduced three-day working off

Working off will be significantly reduced and will be only three days if the employee is hired under a fixed-term employment contract (including seasonal work) or located on probationary period and decided that this job was not suitable for him.

When leaving, it is worth arming yourself with knowledge about your own rights in advance. part with former employer in a good way, while observing your interests and rights is a whole art. And no matter how great the desire to leave, slamming the door, the most correct solution- still try to maintain friendly relations with the former team.

Any dismissal implies a two-week working off. This standard rule applies to all parties to the employment relationship. However, not everyone knows what this wording is and why it is necessary to adhere to this rule. And who can quit without working 2 weeks?

Why is processing necessary?

It is clear that when dismissed, bosses force their employees to work for several weeks. What does the law say about this? Having opened the Labor Code, it immediately becomes clear that this wording is rather vague. Main duty of any employee is to warn his employer about dismissal in advance. This is necessary in the first place in order for him to be able to find a replacement.

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

In what cases is processing not needed?

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

The legal grounds for this are also:

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

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

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

Voluntary dismissal

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

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

How to quit without working two weeks in three days? In labor legislation, there are rules according to which an employee can terminate an existing employment agreement. Additional working off of 2 weeks is not required in the event that leaving the employee's position is beneficial to both parties. The law gives three days to terminate the contract.

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

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

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

Vacation

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

But in this case, you still have to warn the boss a month before the date of dismissal, so the employee does not gain much. Is that more free time, which will allow you to find a new job and get vacation pay.

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

Resignation letter

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

Application example

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

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

Many people write the date of dismissal with the preposition "from", that is, for example, "I ask you to dismiss me from May 23." In this case, May 22 is the last working day. Therefore, it is better to write this wording without a pretext, then it will be May 23.

How can you quit without working off and correctly indicate this in the application? It's simple: you just need to voice the request for dismissal without an additional two weeks of work. If the reason is really serious, the employer will sign the document. You can submit it in person, or you can send it by mail. But in practice, a personal conversation is still unavoidable, as many employers want to find out the reason for leaving personally.

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

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

But one violation is not enough, it must also be proven. That is, himself the fact of abuse by the employer of his position should be recorded by the relevant authorities. But the further procedure does not have a clear order.

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

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

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

What if an employee changes their mind about leaving?

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

Documentation

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

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

The date of departure is the date of return. work book rightful owner. If the date is incorrect, you must obtain a replacement using an application. Sometimes in these cases it is necessary to contact labor inspection or a trade union.

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

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

“How to quit without working for 2 weeks 2019-2020” - a request of this kind is often asked by search engines. If this question also worries you, then in this article you will find the answer: below we will talk about whether a 2-week work off is always necessary upon dismissal and whether there is a legal way to avoid it.

Is it possible to quit without working for two weeks at your own request

There is an opinion that it is impossible to quit without working for two weeks. At the same time, cases in which one does not want to work out or is undesirable for one reason or another are not uncommon (a new job has been found, relations between the employee and the employer have deteriorated, and many others).

In order to reasonably answer whether it is possible to quit of one's own free will without working off, let's turn to the provisions of the Labor Code. His Art. 80 indicates that upon termination of an employment contract at the initiative of an employee, working out is mandatory, provided that no agreement has been reached between the parties on a different procedure for dismissal. However, even in this case there are exceptions.

How not to work 2 weeks

So, how can you quit without working 2 weeks? According to parts 2-3 of Art. 80 TC, it is quite possible to do this in certain situations.

You can agree amicably with the employer (part 2). This method is the simplest and preferred by both parties. In addition, it saves both time and nerves. If the employer is ready to release the employee earlier, and the latter is ready to quit, the employment contract can be terminated at any time.

If the employer violates legislative norms, regulatory acts relating to labor relations, or a collective agreement concluded between employees and the employer, the employee also has the right to quit without working off (part 3). It is important to note that the facts of violation by the employer legal regulations or contracts must be properly recorded.

Don't know your rights?

It is possible to be fired without working off and if the employee does not want to work for the 2 weeks established by law, due to special reasons. In particular, when he can no longer continue to work due to retirement (the specific grounds for such dismissal are not indicated by the legislator) or enrollment in educational institution(again, the level of such educational institution or its form of ownership). Or when it is due to other reasons that can be called valid (part 3).

Dismissal without working off is also allowed, if such an opportunity is stipulated by an employment or collective agreement - then the requirement from an employee for 2 weeks of working off upon dismissal is the right of the employer, and not an obligation. That is, the inclusion in the contract of a clause on the possibility of dismissal without working off can be considered as the parties reaching an agreement on dismissal within the prescribed period.

Application for dismissal without working off, sample writing

So, we figured out that it is quite possible to quit without working for two weeks, now let's take a closer look at the dismissal procedure. The first thing you need to do in order to quit without working for two weeks is to draw up an application correctly (you can see a sample letter of resignation without working off on our website).

The application is made as follows:

1. In the upper right corner, the position and full name of the head, as well as your full name and position are indicated.
2. The name of the document is indicated in the center of the page - "Statement".
3. Then, on a new line, the main part is stated, starting approximately as follows: “I ask you to dismiss me of your own free will on 06/01/2016 for the reason ...” (the reason for dismissal, etc., is described further).
4. The date of preparation of the application for dismissal and personal signature are affixed below.

It is important to note that the date listed as the day of termination is your last working day. On this day, the employer issues a dismissal order, the employee of the personnel department makes an appropriate entry in the work book and hands it over to you personally or to another person who is indicated by you as a trustee. This order is required by law.

In addition to the work book, the employee must be given a full calculation in accordance with the time actually worked in this reporting period, taking into account the days of unused vacation he has. The procedure for payment of the calculation is provided for in Art. 140 of the Labor Code of the Russian Federation. By the way, it also says that if an employee did not actually work on his last working day, then the amounts accrued to him are paid no later than the working day following the day he submitted the calculation request.

If a dispute arises between the employee and the employer over the amount of the estimated payment, the latter is obliged to give the employee an undisputed amount. He must do this within the period specified in the said article of the Code. The rest of the calculation will be paid to the dismissed person based on the results of resolving the dispute (or the employee will receive a justified refusal to pay such a payment).

Labor law requires prior notice to the employer of the upcoming dismissal. By current laws the employee must work on the eve of dismissal, allowing the organization to decide personnel matters with the search for a replacement and the transfer of cases. Under standard circumstances, citizens must work 14 calendar days. However, there are many situations where working off is either not required or reduced to 3 days after the manager has received a letter of resignation from the employee.

When you leave a shift job, you must remember that the period of execution official duties, in any case, will be 2 weeks, except in certain situations where the period of hours worked is not relevant. If there is a concluded labor contract lasting up to 2 months, the notice of dismissal and subsequent working out will be only 3 working days.

The most common reason for dismissal in practice is the initiative of an employee who writes a statement of his own free will and passes it on to his manager. According to Art. 80 of the Labor Code of the Russian Federation, the working period is from 14 days, during which the employer is looking for a new employee, prepares the necessary certificates, organizes the transfer of cases and inventory from the leaving employee to the new one. If during the past period the place remains vacant, the employer allocates an official who is given the authority to take over cases from the resigning specialist.

To calculate the last day of work, you need to add 14 days to the date of application. Upon dismissal of one's own free will, it is on the 14th day that the employee is given a labor, copy of the order, settlements for the last month worked.

The requirement to work off is not mandatory - article 80 of the Labor Code of the Russian Federation (paragraph 2) establishes that upon reaching an agreement with the employer, the employee may quit earlier.

If, after submitting a standard application, the employer decides to release the employee earlier, the latter needs to rewrite the application, mentioning in it the actual terms of working out.

After the employee has started working off, at any time up to the day of dismissal, you can withdraw the application, depending on the change in circumstances. As well as filing a letter of resignation, the withdrawal is made out as a separate application for the annulment of the dismissal. It is impossible to withdraw the application only if an employee has already been accepted to the vacant place, to whom the law does not allow to refuse employment.

Working off does not mean the need to perform their job duties during the last two weeks. You cannot force a citizen who has issued a temporary disability certificate to go to work if the application for dismissal was transferred to the employer before the sick leave.

The situation is similar with vacations. If the resigning specialist is not going to work, you can avoid this obligation if you write an application the day before, or while on vacation.

To start counting down the working time, a written resignation letter is submitted, and on the last working day, the personnel department prepares the issuance of the necessary papers.

Other options

The Labor Code considers other options for formalizing dismissal, excluding or reducing the terms of working out. Human Resources professionals need to know whether a retiree is required to perform his or her job duties after notifying the employer of the resignation.

In 2018, the Labor Code provides for the right to quit without working out in the following situations:

• reaching retirement age and obtaining a pension;
• university admissions;
• passing military service;
• in case of violation by the employer of the terms of the employment contract or the provisions of the Labor Code;
• a diagnosis was made that prohibits the performance of current job duties;
• when moving to another city or region;
• when transferring a legal spouse to work in another region;
• if an employee who is expecting a child quits or if there is a child who is under 14 years old;
• upon dismissal of a father or mother with many children, if the children are under 16 years old, or the children study in educational institutions;
• the need for assistance and care for a close relative, family member, if there are medical indications for this.

Not only women have the right to leave work without working off the prescribed days. If there is a dependent child, such a right arises for fathers with many children and parents who need care and treatment of minor children.

In these situations, it is enough for a citizen to simply write a letter of resignation without further work. Documents confirming the presence of one of the above reasons are attached to the application.

Not always the term of working off according to the law is 2 weeks. The Labor Code establishes the following rules:

1. According to article 296 of the Labor Code, the period for a seasonal worker is 3 days.
2. When signing a contract that is valid for no more than 2 months, you can notify management of early departure in just 3 days.
3. For the heads of the organization, the period required for the transfer of cases and the preparation of a replacement is at least a month.
4. When concluding a fixed-term contract in sports lasting more than 4 months, coaches are required to notify the termination no later than a month in advance, unless otherwise provided in the contract.

Working on probation

A more simplified dismissal procedure awaits employees who have been relatively recently hired by the organization. As a rule, they work no more than 3 months and are on probation. If the employee made a decision about non-compliance new position his own expectations, or decided to leave for other reasons, he can give his employer three days' notice of the departure. The provisions of Article 71 of the labor legislation exempt a citizen from the obligation to perform official duties and appear at a new place of employment within the next 2 weeks if he has worked for less than 3 months.

Leaving work without working off the law

If an employee does not have the right to leave the company without legal work, it is possible to do without going to work after writing the application. Such options are provided if the employee is entitled to another annual leave or an employee is sick. You can notify the employer about leaving on the eve of the vacation, or when leaving for work. sick leave. In this situation, a 2-week period before the official termination of the employment relationship will not be necessary. The employee goes on vacation with subsequent dismissal, and will be dismissed at the end of this period, in strict accordance with the date. The employer does not have the right to detain an employee and force him to perform his duties further, tk. according to the law, the start of working out is strictly connected with the day following the application.

Thus, not all employees go through working off. If there are good reasons, based on the norms of the law, an employee can quit, either three days before the upcoming departure, or without going to work, on the day the application is submitted.