Dismissal without work. Practical tips for the right dismissal from work

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 related to life circumstances- health condition 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 prescribed two weeks from the date of writing the application, and receive a calculation and work book in the personnel department 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). As a rule, this is due to the presence of good reasons, to which the legislation includes:

• Admission to educational institution- A university or secondary school for full-time education, when the study schedule does not allow you to perform your job duties normally. In this case, supporting documents must be attached to the application.
• Retirement for well-deserved rest for those employees who have reached the retirement age determined by Russian law. 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. delay situation wages more than 15 days 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 for paying for the period of sick leave, transferring benefits to pregnant women, etc. Judicial 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 the 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 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 the personnel service to fill out a work book.

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.
• The employee, for various reasons (for example, suddenly found a new job), decides to issue an application 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 of labor discipline (absenteeism, appearing at work in a state of intoxication, disclosing entrusted secrets, accidents due to violation of labor protection rules, committing a property crime);
• repeated failure to perform 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 the 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 )".
• At the end, the date and signature is put.

Video

If a person has decided to leave work and at the same time not work out the prescribed 2 weeks, then he should know that there are such methods, and they are spelled out in the law. So how do you quit without a job? The article discusses various options layoffs at short notice.

Dismissal with working off 3 days

In order to quit of his own free will, the employee must inform the employer of his intention in advance, 2 weeks before the expected date. But there are circumstances when a person does not have the opportunity and does not have enough time to work out the due time. There are options when this can be done within 3 days. Here are the reasons why this is possible:

- if the employee was probationary period. You just need to write an application for 3 days;

- if the contract was concluded for a period of up to 2 months;

- liquidation of the organization;

- in case of staff reduction;

- if the employee was involved in seasonal work, and this fact must be recorded in the employment contract. You need to notify the boss about leaving 3 days in advance.

Dismissal on the day of application

By law, in accordance with Article 77 of the Labor Code of the Russian Federation, an employee, by agreement with the boss, can quit in one day. If it suits both parties.

Article 80 states that an employee has the opportunity not to work for two weeks, if there is the serious reason:

- the employee is enrolled in a university or other educational institution for daytime training;

- the employee has reached retirement age;

- in connection with violations by the employer labor law. Sometimes there are cases when the employer exceeds his authority, for example, insults employees or violates the norms stipulated by labor law. According to the contract, it is necessary to work 8 hours a day, and the employer insists to stay after the end of working hours.

- moving (it is necessary to confirm this fact with documents, for example, deregistration can serve as evidence);

- if the second spouse in the family is sent to work abroad;

- transfer of a spouse to work in another city, a certificate from work is needed to confirm;

- the state of health of the employee, if the employee has any illness, and he cannot continue his activities in this organization. The employee must present a medical certificate.

- if an employee has children under 14 years old, and he provided this data to the employer when applying for this vacancy, then upon dismissal, you can not work for 14 days;

- caring for a child - a disabled person or a sick relative, family member;

Pregnant women, as well as employees with an adopted child, have the right to quit without working off. To confirm pregnancy, a woman must bring a certificate confirming that she is registered and signed by the head physician.

If there is a child under 3 years old, and the woman does not want to work for 2 weeks upon dismissal, she can write an application for leave to care for him. And already being on vacation, submit a letter of resignation at will. After the vacation, the employee may no longer go to her workplace, since the date of departure will fall on the vacation period.

A working pensioner also does not need to work out a two-week period, he can also pay off as soon as possible.

When a single mother is fired, there are no special clauses in the legislation that will apply to her general principles described above.

Dismissal during vacation or sick leave

Is it possible to leave without having worked the due date, using unspent vacation days, if any? Of course. The law allows you to write an application for leave with subsequent dismissal. The working period will coincide with the vacation, then you can safely pick up your labor. The only caveat in this method is that this process must take place by mutual agreement with the employer. After all, he is not obliged to agree, and can insist on working off.

In the same way, while not on sick leave, you can write a letter of resignation. The period of working off will coincide with the days spent on sick leave. Working off is not required, the employee will be relieved of his duties as if in absentia. But at the same time, days of disability are paid in full. Naturally, confirmation of the disease is mandatory.

Knowing your rights will allow you to leave work without working out the prescribed two-week period. If there are conditions that allow you to do this, you can use them, because situations in life are different and unforeseen. Sometimes, circumstances are such that a person does not have such time and cannot work, in this case, you can use one of the methods described in this article.

Video on the topic of the article:

It may come as a surprise to management and cause a not entirely benevolent reaction. An indispensable assistant in this case will be the knowledge and application of your legal rights in practice.

If you show how competent in this matter and are ready to protect your rights, then the manager is unlikely to want to complicate your life.

Dismissal scheme and employee rights

It is your inherent right that termination of employment does not require the approval of the employer. However, certain rules still exist. An employee must notify management of his or her departure at least two weeks in advance.

For those on probation or seasonal work - for three days, for managers - for a month. This means that you may be required by law to perform your duties during this time after you file your resignation. You can leave your job immediately, if the employer does not mind it. In addition, you can go on a planned vacation or take sick leave for this time.

In what cases should you wait with dismissal

If the decision has already been made, then it is not worth postponing it for a long time, however, in some circumstances it would be wiser to wait a bit with leaving:

If you haven't found a new job yet. A future employer will certainly ask what caused the break in your career. The shorter it is, the better for your reputation.

If you studied at the expense of the organization. In case of premature calculation, penalties in the amount of the tuition fee may follow.

If the company plans to lay off staff. Dismissal for reduction is more profitable, since it provides for the payment of severance pay.

How to quit your job the right way

What you need to know about a resignation letter

The application in an uncompromising form indicates that the employment contract is terminated at the initiative of the employee and the date of departure. It is required to argue it only if you do not intend to work out. In Art. 80 of the Labor Code of the Russian Federation are provided the following reasons for which the employer is obliged to release the employee without delay - enrollment in a full-time educational institution and retirement. Facts such as:

Transfer of a wife or husband to work in another area,

Caring for a close relative

Election to a competitive position.

How to protect your rights upon dismissal

It is worth noting that organizations for non-compliance with labor laws face heavy fines, so it is unlikely that they will commit such serious violations. If, nevertheless, they refuse to let you go, and two weeks after submitting the application, the dismissal order has not been issued, you can file a complaint with the office of the institution. If these measures did not lead to the desired result, do not hesitate to contact the judicial authorities.

In order to confirm the fact and date of writing the resignation letter:

Make a copy of the application, having certified it in the personnel department,

Send the application by valuable letter with acknowledgment of receipt,

Send the application by telegram, certifying your signature with the signalman.

The fact that, according to the law, you can demand financial compensation if your salary is delayed or your work book is not given will help to cheer you up.

Labor disputes: what you need to know when going to court

What documents are received upon dismissal

On the last working day, check if you have received all the documents:

Employment book with a formal record of dismissal made in it,

Certificate of total salary for the last three years,

Most employees think about quitting once a day. That's the statistics. The reasons for wanting to quit can be different, ranging from mobbing (psychological pressure) and professional burnout ending in frustration salary and impossibility of further career development. In general, no matter what was the reason to change one company to another, the decision is made. The question arises - how to quit?

How to quit and make the process of dismissal as painless as possible for both nervous system and for a career? It's one thing to tell your boss that you are not happy with literally everything on this meta, declare that this is a bad organization and leave, defiantly slamming the door. And it’s another thing to talk about what you got useful at this place of work, what you learned and that it’s time for you to move on. Leaving gracefully is an art. If you decide that nothing keeps you at your previous job, do not rush to burn all the bridges. In this delicate matter, as in divorce, it is important to remain friends.

Turn off emotions, carefully weigh the pros and cons, make sure you are taking the right step. Quitting in order to prove something to someone is a wrong and rash step that can cost you dearly.

A person who does not know how to quit his job properly and generally doubts that is it worth changing jobs?, experts warn against communicating with colleagues and supervisors about discussing your desire to change jobs. Since you can change your mind, but the signal to the employer about your disloyalty will remain. It is better to consult with relatives and friends, but not like not with employees, and even more so not with the boss.

When the decision to quit is made, the first person to know about it should be your boss. You should not share this information with colleagues, it can reach management in a distorted form. When preparing for an important conversation, remember that about half the time, the employer will convince you to stay with the company, offer a raise in salary and change the list of duties. Therefore, it is worthwhile to think over the answer to the counteroffer in advance, to understand for yourself what you are capable of agreeing to, and then your negotiations with your boss will become the same bargaining as when applying for a job.

The professional world is small, so when you quit, try to be as correct, friendly and responsible as possible. If during your work the leader treated you with delicacy and understanding, shared his experience, do not forget to thank him. As a rule, for a competent and wise leader, the departure of an employee is not a tragedy or betrayal. In that case, save a good relationship not difficult. The main thing is not to substitute the company. You need to give your employer an opportunity to prepare for your departure. Complete projects that have been started, help colleagues who will work on your site (perhaps recommend a good specialist for their place, if there is one among your friends). All this in the future will allow you to contact them with a clear conscience, if necessary in the future.

Remember how your boss acts when dismissing employees. If the separation is amicable, announce the dismissal in advance. If your boss has a habit of terrorizing quitting employees, don't sully last days at work. Give immediate notice of your dismissal two weeks in advance.

If it was not possible to avoid conflicts during dismissal, refrain from commenting on what happened - business ethics does not allow this. Keep in mind that information about how a parting with an employee happened is spreading very quickly in the labor market. Therefore, it is important to leave only pleasant impressions about yourself (both with the authorities and in general in the team), and unnecessary emotions can damage your reputation as an employee. In no case do not splash out all the accumulated negativity, you should not express in your face everything that has become painful over the years of work. Do everything to smile when meeting with former colleagues and boldly look into their eyes, and not pretend strangers. Maintain relationships with employees from the previous workplace. You will be able to share useful professional experience, and if necessary, they can recommend you for a new job.

How to quit your job - technical points

Nine out of ten layoffs are voluntary. This is official, but in reality it is not so simple. Behind this wording, there may be a reduction, and leaving by agreement of the parties, and even dismissal for hooliganism.

At work, they began to talk about layoffs. The boss calls the subordinate, makes a helpless gesture and asks to write a statement. So, it is categorically impossible to agree to this, otherwise you will lose your severance pay and other benefits. In the event that a person quits due to staff reduction, this is optimal for him from a financial point of view. And that's why. Firstly, he is warned about this two months in advance, and during this time he can find himself a new job. Secondly, upon dismissal, he is paid a two-month maintenance in the amount of the average monthly salary.

Another option is that the employer starts talking about layoffs, but the employee knows for sure that his staff unit will not be cut. It's just that the employer wants to take a new person to the vacant place and possibly reduce wages. In this case, experts advise to agree on an agreement between the parties and a mutually beneficial agreement. The agreement of the parties implies a document with the will of the two parties, the employee and the employer, to terminate the employment contract. Bargaining is appropriate here. For example, a person does not want to quit and believes that he could work, but the owners have a different opinion, although in principle they have nothing to be offended by this employee. And they offer him six salaries. In this case, the resigning person has the right to ask for more. But here the main thing is not to go too far.

It is beneficial for an employee to leave of his own free will when he knows that he is to blame for something - official violations, absenteeism, violations of the company's charter - this is an incomplete list of reasons to leave on your own so as not to spoil the work book.

However, there are also real dismissals of their own free will, when the employee really wants to leave this job. When leaving, he must work for two weeks, but there are other options. It is absolutely not necessary to work for two weeks, if the employer does not require it. You can be calculated on the same day and immediately at the time of filing a letter of resignation to pay the salary that you earned, and maybe compensation for unused vacation. Also, the employer must provide all certificates, for example, about income for the year.

The boss does not want to lose valuable personnel and is stubborn about signing a letter of resignation. Then the employee has a direct road to the post office. You must send a registered letter with acknowledgment of receipt, and the date you filed it mailing, will already be considered the date of the letter of resignation. If you think that you were fired incorrectly and illegally, feel free to contact labor inspection at the place of residence. If it doesn't help, then go to court.

Leave your old job in accordance with all the rules, then the changes will only be for the better.

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