The reasons for the termination of cooperation can be different: the transition to a more paid organization or unwillingness to work on the proposed conditions. Many are interested in: is it possible to quit "without working two weeks"? The answer to this question depends on the situation.

Legal side

The wording "working two weeks" is incorrect. According to Art. 80 of the Labor Code of the Russian Federation, it is necessary to inform the director about the termination of cooperation. This is about a warning period, not additional responsibilities. Since the name is common, we will continue to conditionally call this period "working off".

According to the general rules, dismissal “without working two weeks” is impossible: first, a written application is provided with an indication of the basis and a reference to the legal regulation, then the management has 14 days to complete the calculations and search for a candidate (the calculation starts from the next day). But in practice, this formality can be circumvented.

How to leave “without working 2 weeks”: possible options

If an employee intends to leave the organization as soon as possible, he must comply with the requirements of management. There are several ways to safely solve the problem:

1. Agree with the director of the enterprise.
2. State in the application the reason for dismissal "without working off", provided for by the Labor Code of the Russian Federation.
3. To issue a vacation with the termination of cooperation in the future.
4. Have documentary evidence of violation of rights by management.
5. To issue a sick leave with further dismissal (supporting documents will be required).

Is it possible to dismiss "without working off" by mutual agreement?

This method is considered the simplest and most convenient for all interested parties. When good relations with management are established or there is no need for delay, by mutual agreement, you can be dismissed "without working off" even on the day of application.

Remember: if the employer agreed to prematurely part with the subordinate, the reason for the dismissal remains. That is, the wording “on the initiative of the employee” does not turn into “by agreement of the parties”.

For what reasons can you quit "without working off"

Individuals who signed a contract for two months or undergoing a probationary period have the right to inform their superiors about their intentions three days in advance. The Labor Code of the Russian Federation regulates valid reasons for which an immediate termination of cooperation is possible. They are undeniable, the opinion of the management is not taken into account. Under what conditions can one quit "without working two weeks":

1. Enrollment in an institute, college or university for the full-time department.
2. The student worker switches to full-time education (from evening or part-time).
3. The employee's spouse or spouse is applying for employment outside the Russian Federation (upon transfer from the organization).

Read also Application for the transfer of salary for the card: sample 2019

Who else has the right to quit "without working two weeks"

An individual can leave the workplace without observing the warning period in three cases:

• brings up a child with disabilities;
• is a conscript in the army;
• plans to move to another area.

Dismissal "without working off" by agreement of the parties

The initiator can be a boss or an employee. It is worth noting that the grounds for dismissal have nothing to do with the agreement on the immediate termination of cooperation under paragraph 3 of Art. 77 of the Labor Code of the Russian Federation.

There is no information in the legislation about whether it is possible to quit "without working 2 weeks" by agreement of the parties. Since termination is possible at any time (Article 77 of the Labor Code of the Russian Federation), with the consent of the employer and the employee, it is possible to terminate the relationship on the day of filing the application. There is no need to draw up a separate written document.

Can a pensioner quit "without working off"

Some people continue to work after retirement. They are subject to the same requirements for ordinary employees (working conditions, payment procedures, etc.). But there are still some privileges:

1. According to the second part of Art. 80 of the Labor Code, the dismissal of a pensioner "without work" is allowed.
2. Such citizens are considered valuable personnel due to their rich experience and knowledge, therefore, in the event of a reduction, they have a better chance of staying.

In practice, the dismissal of a pensioner of his own free will "without work" usually occurs on the date indicated in the application. The Labor Code does not set limits on the time interval, but the director of the company cannot detain such employees (many court decisions confirm this).

How to quit a pensioner "without work"

The government often considers raising the retirement age, as many continue to work. The company is also not interested in the loss of able-bodied people with valuable experience and knowledge. Dismissal of a pensioner of his own free will "without working off" is possible if two conditions are met:

• a well-written application;
• availability of supporting documents.

Formality is applicable to situations where a person has worked at the enterprise for a certain time and has reached retirement age. But the question arises, what to do if labor activity continued after retiring to a well-deserved rest? How can a working pensioner quit "without work"?

Read also Watch out! Now the military registration and enlistment offices will definitely learn about the dodgers from employers

The legislation does not provide specific answers, therefore, in practice, controversial situations arise. Bailiffs often defend the position of workers. In order to avoid conflicts, we recommend that the management satisfy the request and formalize the dismissal of the pensioner “without work”.

Attention

When a pensioner got a job in your organization and, after working for a certain time, applied for dismissal of his own free will, the procedure for terminating cooperation does not differ from the usual one. Premature withdrawal is not possible.

How to resign of your own free will "without working off"

For example, a conflict arose between the parties. The employee filed an application for termination of employment on the basis of paragraph 3 of Art. 77 of the Labor Code of the Russian Federation and left the enterprise. In this case, the director has the right to issue a dismissal for absenteeism. An employee should know that neglect of deadlines is possible only if the rules for dismissal of his own free will "without work" are observed.

A two-week period is given not only for the director, but also for the worker, in order to think over the decision well. At any time, you can pick up the application and continue the activity on the same terms. But if you want to leave the organization immediately, the employee must:

1. Indicate in the application of your own free will the request to dismiss “without working off”.
2. Report why there is no opportunity to work out the allotted time.

It's important to know

If, during the notice period, the management recruited a new candidate and signed an employment contract, the dismissed person cannot return.

How to write a letter of resignation "without working two weeks"

Any employee of the enterprise has the right to draw up the document in question. For this, a standard A4 sheet is suitable. If the design is done manually, the main requirement for handwriting is legibility, accuracy. The presence of fixes is not valid. A sample application for dismissal "without working off" in printed form is shown in the figure:

Structure:

• header - details of the company and personal data of interested parties are marked;
• center of the page - write "Statement";
• the main part is a request and a reference to the legal regulation;
• conclusion - date of compilation and signature.

The employee is recommended to note the reasons for dismissal of his own free will "without working off", which are given in Art. 80 of the Labor Code of the Russian Federation. They give the right to immediately leave the workplace (discussed in subheadings 4 and 5 of our consultation). At the same time, the discrepancy between situations that are not regulated by the law will be prevented.

Controversial cases of dismissal "without working off"

1. Accountant N.V. Krylova is on sick leave, after which she plans to quit. The necessary documents have been completed. Is additional work required upon the return of the employee?
   Solution: the warning period is counted in the period of days of illness, so it is not required.
2. Sales manager K.P. Petrov, who works at CJSC TorgSet, wants to go on basic leave and terminate labor relations. Is it possible for him to quit on leave "without work"?
   Solution: Yes. K.P. Petrov must write to the general director of TorgSet CJSC a statement of leave with subsequent dismissal. In order to avoid controversial situations, put down the date of compilation.
3. The driver of the Kristall shopping center applied for a vacation from 06.02.2018 to 06.03.2018. A week later, he decided to get a job at another firm. Is it possible to quit after vacation "without work"?
   Solution: There are no obstacles here: the employee submits an application with a request to dismiss on the basis of paragraph 3 of Art. 77 of the Labor Code of the Russian Federation 14 days before the end of the holiday. As a result, the individual will not need to return to work, and the management will be able to find a suitable candidate.

The employee is obliged to notify the employer of his intention to quit 2 weeks before the date of the proposed resignation. These 2 weeks are called compulsory work. However, the law provides for dismissal without compulsory work.

In Art. 81 of the Labor Code of the Russian Federation lists cases when an employee may not work for 2 prescribed weeks. These are cases such as:

• the inability to continue their labor activity in connection with enrollment in a university or educational institutions of bachelor's and magistrate's programs for the full-time department;
• retirement of an employee;
• violation by an employee of labor legislation, as well as local acts and provisions of labor and collective agreements;
• other cases.

In other cases, labor legislation includes:

• moving to another area for work;
• sending the second spouse to work abroad;
• moving to a new place of residence or for medical reasons;
• Caring for a sick family member, a disabled child or a child under 14 years old.

Retirees and pregnant women, as well as mothers and adoptive parents with a child under 14 years of age, can quit without work.

Dismissal without working two weeks

An employee can quit without working the obligatory two weeks in a 3-day period. This is possible when the following circumstances occur:

• on probation - Art. 71 of the Labor Code of the Russian Federation;
• if the employment contract was concluded for a period of less than 2 months - Art. 292 of the Labor Code of the Russian Federation;
• if the employee was employed in seasonal work - Art. 296 of the Labor Code of the Russian Federation. This period is provided only for the employee. If the employer decides to fire a seasonal employee, he must notify the latter 7 calendar days in advance.

For an employee to be considered a seasonal worker, this must be specified in the employment contract.

Application for dismissal without working off

In order to quit, an employee must write a statement to the employer. The exact same procedure applies if an employee leaves without work. In the application it is necessary to indicate “I am asking to fire me without the obligatory working off of a 2-week period for the reason….”.
In some cases, the employee must provide evidence that he cannot work out the prescribed 2 weeks. For example, if this is not possible due to moving to another place of residence. To do this, it is enough to present the documents on the statement.

Dismissal one day without working off

An employee can quit one day both by agreement with the employer, and in the event of the occurrence of the reasons indicated above. The employee writes a statement, and on the same day he receives a payment and a work book.
In addition to the above reasons, the collective agreement may indicate additional circumstances of the employee's dismissal in one day. If the employer does not believe that the circumstance that has arisen is the basis for the employee's dismissal in one day, the latter can apply to the labor commission or to the court to protect his rights.

Legal dismissal after three days of service

As already mentioned, the standard term of working before dismissal is 2 weeks. But there are categories of workers that are not included in this list. At their request, the employer must dismiss them and fully settle them in a shorter period of 3 days.

These employees include:

• those who are being tested. In Art. 71 of the Labor Code of the Russian Federation says that if an employee who is on probation decided to quit of his own free will, then he must work only 3 working days;
• employees with whom a temporary contract has been concluded. That is, in Art. 292 of the Labor Code of the Russian Federation states that if an employee was hired to work only to perform a certain amount of work (or a certain type of work), and an employment contract was concluded with him for a period of up to 2 months, then before dismissal he can work only 3 calendar days;
• workers involved in seasonal work. For example, for digging up potatoes. In Art. 296 of the Labor Code of the Russian Federation states that employees involved in seasonal work, and with whom an employment contract is concluded for up to 2 months, can safely quit after 3 calendar days from the date of notification of their employer.

The employer must be notified in writing. As a rule, only a letter of resignation is enough. It is considered a notification from the boss.

Employee's obligations upon dismissal

When leaving, an employee must comply with a number of his obligations. These include:

• mandatory notification of your manager about the upcoming dismissal. Depending on the reason for employment and the reason for dismissal, the notice period may vary - from 2 weeks before dismissal on the day of the warning;
• is obliged to pick up his work book and full payment, which includes:
  • salary for the time actually worked from the moment of employment until the moment of dismissal;
  • vacation compensation: every employee, even if he has worked for several weeks, is entitled to vacation. Therefore, the employer must pay compensation for it, and the employee must accept it;
  • severance pay. In some cases of dismissal, compensation benefits are provided. They can also be fixed in a collective agreement.

Special circumstances

Do not forget that there are some special circumstances in which an employee can quit immediately, without completing a day.
Labor legislation refers to such circumstances:

• agreement of the parties. In Art. 77 of the Labor Code of the Russian Federation says that if the parties conclude an appropriate written agreement between themselves, then the employee can quit without working off;
• employees who entered the university and begin their studies. As a rule, such a dismissal occurs on the eve of September 1. As a rule, it is known about an employee's enrollment in a university much earlier than before the start of the academic year. Therefore, he can quit in 2 weeks. But if he wants to terminate labor relations just before the start of the academic year, then he must present a certificate from the educational unit confirming admission to the university;
• employees who, due to their age, have reached retirement age and are not going to continue their labor activity. The employee's reaching a certain age when they retire by law is not a reason for terminating the employment relationship;
• a conflict situation with the employer against the background of his violation of labor law in relation to this employee;
• dismissal of an employee due to the employer exceeding his official powers as a manager. It often happens that the boss is “forgotten” and begins to insult his employees and use obscene language towards them;
• violation of the terms of payment of wages or other benefits. These include vacation pay, severance pay or sick leave payments, maternity pay and others;
• the workplace of a particular employee is not properly equipped, which prevents him from performing his immediate work duties in full force.

This is an approximate list of reasons for dismissing an employee without 2-week work. But as practice shows, there are many other reasons for terminating labor relations without working off. These include:

• family or personal circumstances. Such circumstances will need to be confirmed by documents, which is sometimes quite difficult. But if there is an urgent need for a quick dismissal, you can always talk to the manager and sign an appropriate agreement with him;
• moving of a spouse to work in another region. For example, a long-term business trip of a spouse, which entails the forced relocation of the whole family to live in another region. The reason is quite valid, but some employers ask to document it;
• cases when the health of the worker has deteriorated and he can no longer carry out his work duties. The law also considers that such a reason is a fairly good reason for dismissal. But you won't be able to quit without the necessary medical documents;
• families with children under 14;
• large families, if the parent is dependent on 3 or more children under the age of 16. And if they study at a university, then until graduation;
• there was a need to care for a disabled child or another family member with the first group of disabilities. The presence of such a reason must also be confirmed by medical documents;
• pregnancy of the employee. Having a belly is not proof of pregnancy. It is necessary to present to the head a medical certificate from the medical institution in which this pregnant employee is registered. The certificate is signed by the head physician of the institution, the head of the antenatal clinic and the attending physician. Also, the certificate must have the "main" seal of the institution.

Quit without working off by taking a vacation

There is another option for dismissal without actual compulsory work. But it is likely if the resigning person has days of unused vacation. That is, an employee can go on vacation with subsequent dismissal. Then the last day of the vacation will be considered the last day at this workplace. And working off is not required! But you need to reach an agreement with the employer, at least verbally.

Working off or trial

A situation may arise when the employee has legal grounds for dismissal from this employer without completing the due period, and the employer insists on the opposite. How to be in such a situation?

If the employee does not want to "wag his nerves", he can calmly work out the due date and quit. But there is another option - self-defense of their labor rights. That is, he can sue the employer.
The main disadvantage of this method is that the process can take several months. This is inconvenient for either side. Therefore, it is worth looking for options for a peaceful solution to the problem. What can the worker himself do? He can offer instead of himself a replacement, that is, a competent employee who wants to start work on the day of dismissal. If the employer is satisfied with this option, he will make concessions and release the quitting employee without working off. But if no measures help, then there remains only a solution to the problem in court.

Sample application

To quit, an employee must write a letter of resignation. If he wants to quit without working off, then this fact must be reflected in the application.
An application for dismissal without working off must contain the following information:

• the position and initials of the authorized person who accepts such applications;
• the full name of the employer;
• the initials and position of the employee who is firing. If the company is large, then you need to indicate the structural unit;
• the statement itself. Here the quitting employee states:
  • a request to fire him on a certain date. For example, dismiss 04/05/2018. Then the last working day will be 04.04.2018;
  • request to dismiss without working off;
  • reasons for dismissal without working off;
  • a list of documents that the employee attaches to the application to confirm the reason for such a short-term dismissal;
  • if dismissal without working off occurs by agreement of the parties, then you can specify the details of this agreement.
• When the employee sets out the main text, he indicates the date of writing the application, puts his signature and decrypts it.

It is advisable to draw up the application on the company's letterhead. But, if this has not been developed, then you can write on a regular sheet.

Regulatory legal acts determine when dismissal without working off can be carried out.

These situations include:

• when enrolling in a university for a full-time department;
• when the employee retires;
• in case of violation by the employee of the points of the Labor Code of the Russian Federation;
• other situations.

Other cases are:

• moving to another settlement in order to carry out work;
• due to the direction of the 2nd spouse on a work visa abroad;
• caring for a sick family member or a minor citizen under the age of 14.

If there are reasons, the employee is obliged to notify the management in advance that he will not be able to work for the prescribed period.

In accordance with the norms of the law, the employee must notify the employer of his intention to leave the workplace with a written statement no earlier than 14 days before leaving.

This period is set for the transfer of responsibilities to a new employee. During this time period, the employee is obliged to carry out the work as before. Otherwise, the employer has the right to fire a citizen for absenteeism.

When is detention necessary?

Development should be carried out in two cases:

• when leaving the workplace at will, in accordance with Article 80 of the Labor Code of the Russian Federation;
• due to staff reduction, in accordance with article 180 of the Labor Code of the Russian Federation.

In the second case, the employer most often fires the employee with compensation for the time not worked.

Duration

The mining process is divided into certain periods, depending on the case:

Let's consider each term separately.

Three days

This period is established in the following situations:

• employee on probation;
• the employee works on the basis of a fixed-term contract, the employee himself can terminate the agreement;
• there is an employment agreement for a time period of 2 months.

Two weeks

The standard working time is set at 14 days. In the event that the employee changes his mind, he can request his application back and thereby cancel the dismissal.

Citizens who quit by agreement of the parties or when taking leave with the subsequent departure from work are deprived of this opportunity.

It is also impossible to return the application if a new employee is hired.

One month

In the case when an employee worked as a director, deputy, or chief accountant, then the term of work will be a month. In this case, the director is obliged to convene a meeting of the founders.

Athletes, coaches with whom there is a contract for activities longer than 4 months. In this case, the agreement is terminated ahead of schedule, but the working off is 1 month.

Also, in the absence of an employer-entrepreneur for a long time, the employee has the right to terminate the contract by contacting the local administration.

The legislative framework

The process of working off upon dismissal is regulated by Article 80 of the Labor Code of the Russian Federation.

Payments upon dismissal without working off are carried out in accordance with Article 180 of the Labor Code of the Russian Federation.

Dismissal without working off

Dismissal of their own accord without working off is possible in some cases. Such dismissal also applies to certain categories of citizens.

Of your own free will

Employees have the right to resign in the following cases:

• if they are employed in enterprises where employers do not comply with the rules and conditions of the employment contract;
• if the retirement age has been reached and the citizen has retired;
• when entering a university, but it is important that documents are attached, for example, an order of admission;
• when leaving on a work visa, you must attach a transfer order and a call.

How to write a vacation order followed by dismissal? See here.

At the initiative of the employer

Dismissal on the initiative of the employer without working off is not provided for by law.

In some cases, the employer offers to resign of his own free will and does not require 2 weeks of work.

On probation

A probationary employee can be fired any day. Be sure to go through 3 days of working off.

Retired

According to the current legislation, retirees have the right to resign on the day of retirement.

This refers to the case when a pensioner has just reached the age criterion and for the first time passes to a new status. Working off in 2 weeks is not required.

For family reasons

For family reasons, there are cases when the spouse of an employee received a call to transfer to a workplace in another city / region / country. Moreover, the move should be carried out as soon as possible.

But without documentary evidence, the dismissal will be accompanied by a working off in 2 weeks.

One day

Dismissal in one day is possible in the case when the employee and the boss managed to agree between themselves. So in the presence of special circumstances that the employee can confirm, you should write a statement.

Variants

Dismissal without working two weeks can be carried out in different ways, each of which has its own characteristics.

Sick leave

For dismissal without working off, you can go on sick leave. That is, before you draw up a sheet, you should warn your superiors about your intention to quit. Dates must be indicated in the certificate of illness.

After leaving the hospital, the employer is obliged to issue a labor and calculation.

Vacation followed by dismissal

If the employee has a vacation in stock, then he has the right to issue the remaining two weeks of rest, followed by dismissal.

But it is worth discussing everything with the boss in advance so that they can find a replacement for the place. But even in the case when there was no agreement with the manager, the employee has the right to go on vacation.

Registration procedure

The procedure for issuing a dismissal in 2017 has not changed. The employee must:

• to write an application;
• work out the due date;
• provide the necessary documents;
• sign the documents of the organization;
• get calculation and labor.

If the due date is being worked out, then the employee must transfer his duties to a new employee.

How to write a statement correctly?

To be dismissed, an employee must draw up an application for the employer's name. At the same time, it does not matter whether a citizen leaves with or without work.

In the application, you must indicate: "I ask you to dismiss without working a two-week period due to the following circumstances ...".

The employee must provide evidence as to why he cannot work for 14 days.

How is the dismissal in connection with the reduction of the position formalized? Information here.

What is the amount of compensation for dismissal by agreement of the parties? Details in this article.

Sample

The application contains the following data:

• name of company;
• Full name of the employer;
• Full name of the employee;
• position held;
• what is the point - dismissal of your own free will;
• why it is impossible to carry out the working off;
• number;
• painting;
• decryption of passport data.

A sample letter of resignation without service is here.

The application is signed by the head and the seal of the organization. Dismissal is impossible without a properly executed application.

If you do not indicate that it is necessary to quit without work, the employer has the right to demand to continue working for another 2 weeks.

On the video about working off upon dismissal

Dismissal of your own free will without working off, sample application

Each employee has the right to dismiss at his own request without working off, if he reaches an agreement with the employer.

The employee must notify the employer about the dismissal 2 weeks in advance. This term is called "working off", although such a concept is not provided for in labor legislation.
These 2 weeks are called the warning period, during which the employee finds a new job, and the employer of the new employee, or tries to "keep" the quitting one.

But in Art. 80 of the Labor Code of the Russian Federation, which regulates dismissal at the initiative of an employee, provides for dismissal without working a two-week period.
There are 2 procedures for dismissing an employee without completing the term set by the Labor Code of the Russian Federation:

• setting the parties to another term of working, not exceeding 2 weeks;
• conclusion of a dismissal agreement.

The employee and the employer can agree on the establishment of a different period of work. For example, a week. This is not prohibited by labor law. The main condition is that the period cannot exceed 2 weeks established by law.

Also, the parties can sign an additional agreement on dismissal without working off.

How to properly quit your job of your own free will without working off

The parties can agree that the employee leaves the next day after the application is submitted. It is better to document such dismissal by concluding a dismissal agreement.

This agreement must specify:

• grounds for dismissing an employee. In this case, of your own free will;
• last working day and day of dismissal. These dates may not be the same, so you must include both of them. If they match, then this should also be indicated;
• the amount of all payments that the employer must make:
  • wages for the hours actually worked;
  • compensation for unused vacation;
  • other benefits that are provided for by an employment or collective agreement.
• the preamble of such an agreement must be the same as in the employment contract;
• it is necessary to make a reference to the employment contract that is being terminated - indicate its number and the date of conclusion.

The agreement is drawn up in duplicate and signed by both parties. One copy remains with the employee, the other with the employer. On the copy of the employer, the employee must sign and write “received a copy of the agreement”.
The more detailed the agreement is, the less chance the employee has to challenge the dismissal in court. And although the law does not provide for the conclusion of such an agreement on a mandatory basis, as practice shows, it is better to conclude such an agreement.
It will save both parties to the contract from dishonesty of each other.

In Art. 80 of the Labor Code of the Russian Federation also provides grounds on which an employee can quit without working a two-week period, even without the consent of the employer:

• conscription of an employee for urgent military service;
• the beginning of studies at a higher or secondary vocational educational institution. For dismissal, you must bring a certificate from an educational institution of enrollment;
• retirement;
• violation by the employer of labor legislation.

Judicial practice shows that an employee can quit without working off in the following cases:

• detection of an occupational disease that does not allow the employee to continue to perform his labor functions;
• a health disorder that does not allow living in this area;
• Moving to a new place of residence;
• Service move of a spouse or spouse.

Dismissal without work - application for dismissal without work

When deciding to change jobs, you must comply with the legal requirements. And it doesn't matter what caused it. It may have been a very busy week, and some have had a whole year.

The decision was made by the employee, which means that it is necessary to notify the employer a couple of weeks before the planned date of leaving. When it is impossible to meet the deadlines, you should turn to the Labor Code and see if amendments have been made and you can leave.

Dismissal of their own accord without working off under the Labor Code 2017

Turning to the Labor Code, we will see that quitting is not difficult, just look at Art. 80 TK.RF.

Thanks to amendments and clarifications to the article, we see who can unconditionally exercise this right:

• Pensioners (exempt from working off);
• Persons called by the commissariat to serve;
• Students enrolled in training (a confirmation certificate of enrollment is provided).

According to the amendments, employees who have a probationary period, or who are on a fixed-term contract for up to 2 calendar months, must write a letter of resignation 3 days in advance.

Article 77 of the Labor Code of the Russian Federation applies. Part 1. p. 3. Please note that when filling out your work book by the personnel department, the corresponding article will be indicated.

Dismissal without work for caring for a child under 14 years old

The process of writing an application is similar to the standard one, but as a reason, it is necessary to display caring for a child up to fourteen years of age. In this case, the initiative comes from the employee. It is necessary to report this to the HR department 2 weeks in advance.

What documents are needed for dismissal without working off?

To terminate the employment relationship, you must submit supporting documents that it is impossible to continue working. For example, in the case of enrollment in training, a certificate is provided from the educational application, and when conscripted for military service - from the commissariat.

Working 2 weeks upon dismissal

It is necessary to inform the employee about dismissal on personal initiative in advance, ahead of him will be working upon dismissal - 14 working or calendar days. This is provided for by the terms of the contract and the Labor Code of the Russian Federation.

Therefore, every person who decides to change jobs must comply with these deadlines. In cases where a citizen holds a managerial position (director) or coach, the term is increased to 30 days. It is possible to pick up your application within this period, if a new employee is not hired.

Sample application for dismissal without working off

Rules for filling out an application for dismissal without working off:

• The name of the company;
• Official, surname and initials;
• Surname and initials of the employee.

The following is the text of the statement. Be sure to include the reason. When drawing up an application on personal initiative, to terminate an employment contract, check with the personnel department about the amendments that have come into force that are relevant specifically for you.

Dismissal at will without working off - new amendments to the Labor Code of the Russian Federation 2017

There are grounds that are not spelled out at the legislative level, but which are taken into account when making a decision:

• Caring for a seriously ill relative (child);
• Change of the spouse / spouse of the city of residence;
• Disability
• Care for a disabled minor (according to amendments to the Labor Code of the Russian Federation)

Companies prefer not to get involved in litigation with employees. For early termination of the agreement, it is enough to indicate the points above. Not many employers are able to keep track of the amendments that are made annually to the Labor Code. Articles are subject to constant revision.

How to count a dismissal with 2 weeks' work?

Increasingly, the question arises among employees, is sick leave taken into account when notifying the employer of leaving? By writing a statement on sick leave or before vacation, you can avoid working off. This is spelled out in article 27 of TK.RF (you can download the code from the link above).

This article can be applied, except when the employee is guilty of any actions. Sick leave / leave days count towards this period. At the end of the sick leave, you must provide a certificate. If the employee decides to continue working in the company, it is necessary to inform about this before the start of the vacation.

Explanations of Rostrud regarding the dismissal of a pensioner without working two weeks

Citizens who have reached the age of retirement are not required to leave their place of work and terminate their employment. They have the right to continue working after reaching the legal age. When writing an application, the reason is indicated - reaching the retirement age.

Dismissal without working off: a sample application in 2018, rules, norms of the Labor Code

Firing an employee is quite common. The initiative can come from both the employer and the employee himself. In this regard, many are worried about the question: is it necessary to work off upon dismissal, or can an agreement be reached to avoid this?

In the article, we will tell you how much an employee needs to work when terminating an employment contract, whether the Labor Code provides for dismissal without working off, and also how to write an application to leave the company on the same day.

Do I need to work out upon dismissal

In accordance with Art. 80 of the Labor Code of the Russian Federation, when leaving of his own free will, an employee is obliged to notify the employer of his leaving two weeks before that (14 calendar days - not working days!). Each employee must work out the statutory period before leaving the company, but in some cases it is not necessary to work out two weeks from the date of writing the application.

When two weeks' work after dismissal is not required

Consider the options when the employee has the right to terminate the employment contract without working off:

1. The employer violated the Labor Code of the Russian Federation

In this case, it is important that such a fact be recorded. For example, this can be done by a labor inspectorate, a trade union, a court or a labor dispute committee.

1. Good reasons why the employee is unable to continue working with the employer

These reasons include:

• getting a disability
• retirement

1. Other good reasons

• enrollment in an educational institution
• admission to a new place by competition (the employee must confirm the fact of moving to a new place according to the results of the competition)
• transfer of a spouse to a new place of residence
• disabled child care
• the presence of honey. conclusions that the presence of an employee in a given area is dangerous to his health

1. Mutual decision of the parties

An employee can simply agree with the employer about dismissal without work. If there are no complaints, and the case can be transferred to a colleague during the working day, then this means that the day of writing the application is the last working day.

How to write a letter of resignation without working off

In the upper right corner of the sheet, it is indicated to whom the application is addressed and who wrote it. It is important to write not only the full name, but also the position (For example: "To General Director Todorenkova A.N. from accountant Mikhailova E.G.").

In the center of the sheet should be the title of the document "Application".

Then, on a new line, the employee must state his request for dismissal of his own free will, indicating the reason why work is impossible, or (if the decision was mutual) without indicating such a reason.

Sample application for dismissal without working off

Where to carry the letter of resignation

As a rule, an employee submits an application for dismissal to the personnel department, but if the company is small and the responsibilities of a personnel officer are assigned to an accountant, then to the accounting department.

The employee has the right to send the application by mail. Better if it is a notification letter. So the employee will be sure that his letter has been received, and in case of disagreement, confirm this fact with the help of the document issued by the mail.

If the actual and legal address of the employer does not match, then it makes sense to send a letter of resignation to two addresses.

Articles on the topic "dismissal":

Dismissal of their own free will in 2018

In 2018, there may be various reasons for dismissal of their own free will, ranging from the transition to another job and ending with the move. The employer has no right to oblige the employee to perform his duties against his will.

Legislative regulation

In Russia, relations related to the termination of an employment contract are governed by Article 77 of the Labor Code of the Russian Federation. Dismissal at the initiative of an employee is one of the common options for terminating an employment contract; it is especially beneficial for the employer, since:

• No need to pay compensation;
• The quitting employee does not have to explain his actions;
• The procedure is simple.

Features of documentary registration

To recognize a dismissal of one's own free will legitimate, the following documents must be drawn up:

1. A statement indicating the employee's intention to leave the position. Its form does not exist legally; it is written arbitrarily. There are a number of points that you should pay attention to when drawing up an application:

• Written or printed form;
• The intention to resign must be clearly stated;
• Date and signature are required;
• Indication of the full name and position of the addressee and originator of the document, as well as the name of the employing organization;
• When writing, you can use various options for filling samples, depending on the specific circumstances of the dismissal (hospitalization, vacation, etc.);
• The document can be handed over to the employer's representative in person, or sent by registered mail with notification;
• The application must be registered with a note on the date of its receipt.

1. An order issued by the head of the employer on the last working day of the employee, indicating the grounds for dismissal and a reference to the normative act (paragraph and article of the Labor Code of the Russian Federation).
2. After the employee is familiarized with the order against signature, an entry is made in his work book about the dismissal.
3. A bypass sheet, the compilation of which is not mandatory, however, may be provided for by the internal labor regulations. With him, the employee bypasses certain structural divisions, the heads of which testify that he has no debts to the enterprise in terms of financial resources and material resources.

Dismissal procedure of your own free will

There is a certain procedure for her:

• Writing a statement;
• Working off within 2 weeks, during which a replacement will be found for the leaving worker;
• Dismissal with final settlement.

By agreement of the parties, there may not be any working off. It is also possible to leave the place of work immediately after writing an application in cases provided for by the Labor Code of the Russian Federation (retirement, enrollment in full-time education).

The final payment must be made on the day of dismissal. The employer is obliged to pay the entire amount due, which includes: salary for the period worked, compensation for unused vacation, bonuses or compensation payments provided for by the employment contract.

If an employee goes on vacation before dismissal, the terms of the procedure are extended for the duration of this vacation. An employee who has a probationary period has the right to submit an application 3 days before the intended departure.

An employee can cancel his application at any time. Then the dismissal is not made, only if another person was not invited to this position in writing.

As a general rule, an employee of the organization must notify the employer of the dismissal at least two weeks before the expected date of dismissal. This period is established by law and is subject to execution in all situations, except for the list of exceptions enshrined in the Labor Code.

In accordance with Art. 81 of the Labor Code of the Russian Federation, as well as applying the provisions of other regulatory acts, the following cases are established when an employee has the right not to work out the established two weeks:

• the employee is enrolled in an educational institution of secondary specialized and higher education, including a magistracy, full-time education and is physically unable to carry out labor activities;
• an employee of the organization has the status of an old-age pensioner, thanks to which he has the right to leave the enterprise at any time convenient for him without further work;
• the working citizen violated the charter of the organization, labor legislation or the provisions of the labor, as well as the collective agreement, the consequence of which was the dismissal;
• relocation of an employee to another locality to carry out labor activities;
• sending a spouse outside the Russian Federation as an employee, through which an employee of an organization may not work out the due date on a general basis;
• relocation of a working citizen to a new place of residence in another region, as well as the transfer of his spouse to another locality, because of the spouse, the employee is also forced to move;
• the prohibition of work activities for medical reasons, established by the medical commission or the attending physician;
• forced care and supervision of a disabled family member or disabled person;
• motherhood, which involves constant supervision of a minor child until he reaches the age of fourteen, upon reaching this age, it is possible to quit only with working off;
• pregnancy of an employee as a personal motive for dismissal;
• conscription of an employee for military service in the army, in which the dismissal is made out as soon as possible;
• in case of violation of the conditions of labor legislation by the employer, as well as in case of a significant change in working conditions, about which the employee was not properly notified.

Another ground for dismissal in one day is the consent of the employer. If he is not opposed to letting an employee of the organization float freely, then the registration of dismissal takes several days, during which the employee, as a rule, can be on leave for personal reasons - time off.

However, the legislation does not oblige the employer to blindly follow the requirements of the employee, therefore such a decision remains only with the manager, and the employee cannot influence him in any way, except in established cases.

Testing

Obligations for working off are enshrined in Art. 80 of the Labor Code of the Russian Federation, within the framework of its provisions, a citizen undertakes to work two weeks after submitting a letter of resignation, if there are no obstacles for this.

If work is necessary, but it is not possible to carry it out, then the legislation allows the working population:

1. Go on vacation with the subsequent dismissal of the employee. To do this, some time before the vacation, an application for vacation is drawn up with subsequent dismissal and submitted to the employer.
2. To go on sick leave with subsequent dismissal, in which case it will be easier for the employer to make a calculation and prepare the documents necessary for dismissal. After leaving the hospital, the citizen must provide papers confirming the illness and receive a calculation.

The employer can reduce the period of work at his own discretion or at the request of the employee, if the circumstances of the dismissal seem to him sufficient for such actions. An agreement on the cancellation of working off or its appointment in a smaller amount must be written, as a guarantor of compliance with the general rights and obligations of the parties.

Is it possible to quit one day

Dismissal in one day is possible in the cases specified above, as well as with the permission of the employer. At the same time, labor legislation establishes the types of work for which the term of work cannot exceed three days.

In accordance with the norms of the Labor Code of the Russian Federation, an employee upon dismissal must work no more than three days, in the event of:

• carrying out labor activities on a probationary period, in this case, within the framework of Art. 71 of the Labor Code of the Russian Federation established the maximum working period within three working days;
• conclusion of an employment contract for a period not exceeding two months, in accordance with Art. 292 of the Labor Code of the Russian Federation;
• conclusion of an employment contract for a seasonal period, in accordance with the provisions of Art. 296 of the Labor Code of the Russian Federation, while the employer must inform the employee of the dismissal at his own discretion one week before the entry into force of the order of dismissal.

Many workers are wondering about the legality of imposing obligations on them to work before dismissal after sick leave. In accordance with Art. 80 of the Labor Code of the Russian Federation, the sick leave period is taken into account as working off upon dismissal, while the dismissal itself and the full calculation are made on the day the employee leaves work. Also Art. 80 of the Labor Code of the Russian Federation determines the ability of an employee to set a specific day on which he wants to leave the organization.

Dismissal letter

Art. 77 of the Labor Code of the Russian Federation establishes the grounds for dismissing an employee of an organization, one of which is the employee's desire. To start the procedure, an employee of the enterprise draws up a letter of resignation and submits it either to the personnel department or to the employer, if the enterprise is small.

If the employee wishes to terminate the employment contract, drawing up an application is a mandatory attribute, since without him the employer will not be notified of the employee's desire to leave the workplace, and in case of unauthorized departure, such an employee may be fired for non-compliance with the terms of the employment contract, legislation and the internal order of the organization.

Application of the norms of Art. 80 of the Labor Code of the Russian Federation is beneficial not only to the employee, since he independently decides to leave the workplace, but also to the employer, because when an employee is fired at his request, it causes fewer problems with the calculation, tax and various insurance funds.

In practice, there are often situations in which the employer forces employees to write a statement on their own, which, of course, is fundamentally contrary to the law. Usually, such situations arise when the staff is cut and the organization is liquidated, as the management or founders of the company are trying to save as much as possible and not pay severance pay and several salaries to the dismissed employees.

The application must contain the following information:

• information about the employer to whom the document is sent;
• information about the applicant, his personal information and position;
• the desire to leave the place of work from a certain or indefinite date, at the discretion of the resigning citizen;
• in case of dismissal in one day, the basis for such dismissal is indicated within the framework of the current legislation;
• date of preparation and submission of the application;
• the signature of the quitting employee.

The statement is the expression of the will of the employee and cannot be expressed through oppression or pressure from the employer, in which case it is necessary to contact the labor inspectorate or commission, the prosecutor's office, and in special cases - to the court.

Dismissal order

In accordance with the norms of the current labor legislation, the procedure for dismissing an employee involves the issuance of an appropriate order. In a letter of resignation in one day, a prerequisite for drawing up is an indication of the basis for such an action. Employees of the personnel department or the employer have the right to demand the provision of documents confirming the grounds and in this case the employee is obliged to provide them; refusal to provide it may serve as the basis for the appointment of time for work within two weeks as a general rule.

After the direct submission of the document to authorized persons, the manager or other person responsible for the dismissal of employees of the organization draws up an order for dismissal of form No. T-8 or any other accepted at the enterprise.

The order contains a reference to clause 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation, as well as the grounds specified by the employee and enshrined in Art. 81 of the Labor Code of the Russian Federation. The order is accompanied by a statement of the employee, as well as accompanying documents confirming the grounds for dismissal on one day.

After issuing the order, the employer presents it to the employee for review and signing. If these actions are impossible for any reason, a corresponding note is made in the document.

If the employer, at its own discretion, without any reason, provides the employee with the opportunity to leave earlier than the established time, then the order determines the basis for the duration of work as an agreement of the parties. Also, a prerequisite is the approval of the employee's dismissal date, since without this information it is impossible to establish the period during which the calculation must take place and the necessary documents are returned to the employee.

Record in the work book upon dismissal one day

An entry in the work book with a one-day dismissal is made in a standard way, with the exception of the possibility of entering in the reasons for dismissal the grounds for leaving the employee within one day.

The employer, before transferring the work book to the employee, must enter the following information into it:

1. The sequence number of the record.
2. The date of the employee's dismissal.
3. The reason for the dismissal is of their own free will, however, in the case of dismissal on one day for health reasons, the employer has every right to make such a mark in the work book of the former employee.
4. The number of the order on the basis of which the corresponding entries were made.
5. The signature of the employee, with which he confirms the veracity of the made entry and establishes confirmation of the grounds for dismissal.
6. The signature of the person authorized to dismiss is the employer or the head of the HR department.

A fully completed work book is transferred to a former employee of the organization with full payment for the time worked, including salary, vacation pay, bonuses and other payments due to a citizen.

Dismissal payments

Calculation upon dismissal of an employee on one day occurs according to the general rule, with the exception of the employer's ability to postpone the date of full payment of the funds due to the employee until the accounting department makes the calculation.

The employee is paid the following funds:

• wages for the worked period of time;
• compensation payments for unaccompanied vacations, including for the prescribed paid additional vacations;
• other compensation payments that are provided for by a collective or labor agreement, including for the use of personal materials and funds of an employee during working hours.

The employee has the right to apply for the calculation at any time convenient for himself, while if the calculation is made after the actual dismissal, he must be fully transferred to the account of the former employee upon his request or written application immediately within the next day after the application.

The employee is obliged to pick up the funds due to him, as well as the work book. If this is not done, the employer has the right to send documents by mail to the last known address of the former employee's residence.

Dismissal without working off is an opportunity to leave the workplace at the first request of the employee, but this measure is not applied to all members of the workforce. The legislation clearly defined the list of categories of workers who have the right to leave work on the same day without any sanctions from the employer, therefore, it is important not only the desire to leave the workplace, but also the employee's compliance with the specified category.

Almost every person, sooner or later, gets a job. Only a few either do not face employment all their lives, or work for themselves. When there is a desire to terminate the employment relationship with the employer, it's time to remember the rules for dismissal of your own free will. We will study them exactly. If you do not take into account the peculiarities of the mentioned operation, you will have to face a number of problems. This applies to both the employer and subordinates. In reality, quitting work is easier than it initially seems. Dissolution of a labor-type relationship has many nuances, but all of them are easy to remember. And if you follow the instructions presented below, then everyone will be able to leave the previous place of employment on their own initiative.

Right or fairy tale

What are the rules for voluntary dismissal? First of all, let's turn to the current legislation. Can a person really leave work when he wants to?

Yes. The Labor Code of the Russian Federation indicates that all officially working people have the right to be dismissed on their own initiative. This statement is spelled out in article 77 of the aforementioned set of laws.

Accordingly, regardless of the position, duration of cooperation and social status, a person has the right to terminate relations with an employer.

Initiative and timing

The rules for dismissal of their own accord include many nuances. Current laws indicate that officially employed people can leave work at any time.

What does it mean? You can quit while on sick leave or on vacation. Even during the trial period. At the same time, the employer has no right to retain subordinates. The initiative shown by the employee must be documented. And the bosses are obliged to fire the person upon request.

Alert

It is worth remembering that in order to terminate a labor-type relationship, you must communicate your intentions in advance. In this case, you will have to draw up a letter of resignation of your own free will.

The rules for leaving work state that the form of the mentioned document must be written. A similar point is spelled out in Article 80 of the Labor Code. If the employee has not warned about his intentions, then they cannot dismiss him. Absenteeism will be considered absenteeism with all the ensuing consequences.

Warning period

How long does it take to notify the boss about your intentions to terminate the relationship with him? It all depends on the situation.

In general cases, it is required to submit an application in the established form 2 weeks before leaving work. But sometimes you can make a request 3 days or even a day in advance. These are quite rare options, which will be discussed later. To begin with, it is worth considering all the general rules for dismissal of your own free will.

About the structure of the request

How to write a statement on termination of an employment contract with an employer? Even a schoolboy can do this. It is easy to issue paper - just remember the rules of business correspondence. This type of statement has a general structure.

It consists of:

• "caps" (in the upper right corner);
• names;
• the main part is requests;
• conclusions.

At the end of the document, the applicant's signature must be affixed. After submitting the request, the employer signs it and issues a dismissal order. Nothing difficult, incomprehensible, or out of the ordinary. Especially if the parties act according to the law and do not interfere with the implementation of the rights under the Labor Code.

The rules for dismissal at the employee's own request necessarily take into account the peculiarities of writing an application in the established form. We got acquainted with the structure of this paper. But that is not all.

Now it's worth paying attention to the content of the paper. The application contains the following data:

• Full name of the applicant;
• request for dismissal;
• the date of termination of the relationship;
• information about the employer;
• the name of the company in which the person works.

There is no need to explain the reasons for your decision in the studied situation. The main part of the request often fits into one sentence: "Please dismiss me from ... of my own free will."

Testing

After a citizen has filed an application for termination of employment, the so-called working off begins. It lasts 14 days. This is the time when a person still has to work. Usually, during the period of work, the employer is looking for a replacement for the subordinate, and also prepares all the documents necessary for the operation. This time period has its own characteristics.

The rules for dismissal of one's own free will in Russia state that it is possible to agree on dismissal without working off with an employer. In this case, the reason can be absolutely any, its respect is assessed by the employer. Later, we will look at legal ways of dismissal without working off.

On the day of leaving work

Suppose a person has informed the employer of his decision in advance. The application has been submitted. Now they are working off. What's next?

During this period, the employee performs his job duties. The rules for voluntary dismissal with work include the need to pay for this time on the day of termination of the relationship. That is, for an employee, the mentioned feature can be a plus.

On the day of termination of the contract, the following occurs:

• the employee is handed certain documents;
• settlement with a subordinate is made;
• the order of dismissal comes into legal force;
• the employee's personal file is closed.

If on the day of dismissal the person is not in the company, then the calculation is made on the next day after the citizen is announced at the workplace. And the issuance of documents is carried out immediately. Upon receipt (under any circumstances), the employee signs in special accounting journals.

About documents

The rules for dismissal from work of their own free will mainly concern employers. Indeed, for an employee, this procedure is not so difficult.

As we have already said, upon dismissal, it is necessary to issue some documents to a former subordinate. These include without fail:

• calculation sheet;
• work book.

In practice, now they also draw up a certificate of income in the form of 2-NDFL. This technique eliminates unnecessary problems in the future. For example, if a dismissed employee needs to prove income for the last few years.

All papers are given against signature. If the employee refuses to receive certain documents, the employer draws up an act of the established form. It prescribes the fact of notification of the subordinate, as well as his will.

About calculation

What are the calculation rules for dismissal of your own free will you need to remember? There are not so many of them. Especially when it comes to terminating an employment relationship with an ordinary employee.

When leaving work, a citizen has the right to:

• payments for hours worked;
• compensation for unused vacation.

In some cases, additional payments are possible. They take place if the relevant clauses are spelled out in the employment contract. As a rule, the bulk of employers do not favor their employees with such bonuses. Therefore, according to the law, you can only demand money for unused vacation days and payment for hours worked.

Calculation features

In 2017, the rules for voluntary dismissal did not change in any way. The calculation is provided according to general principles.

What should you pay attention to? For example, the following features:

1. If the vacation is 28 days, then each full month of the employee's work is equal to 2 days of "rest".
2. Has the person worked for six months and decided to quit? You can claim compensation for a vacation only 12 days in advance. And only on condition that this period has not been used earlier.
3. When receiving incomplete vacation days, rounding up to full days occurs.

Perhaps that's all. As a rule, every accountant should be familiar with these features. Otherwise, the dismissed employee may demand penalties and compensation for incorrect calculation. And this, as you might guess, is unnecessary problems for the employer.

Step by step about the termination of relations

We have studied the basic rules for dismissing an employee at will. Now let's look at this operation step by step. She will avoid many troubles.

The procedure for terminating a relationship looks like this:

1. Registration of an employee's resignation letter.
2. Submitting a request to the employer. This must be done at least 2 weeks before leaving work.
3. Signing a statement.
4. Working off.
5. Execution of a dismissal order.
6. Making a record of termination of relations in the work book of a subordinate.
7. Preparation of the calculation sheet.
8. Issuance of documents to an employee.
9. List of the subordinate in the accounting log on the receipt of the required papers.
10. Settlement with a person.
11. Painting for the money received.
12. Closing the personal file of a former employee by a resignation order that has come into force.
13. Sending the mentioned document to the archive of the company.

That's all. It is easy to remember the rules of dismissal of your own free will. And perform the mentioned operation too.

Decree and dismissal

According to the current legislation, persons caring for children under three years old cannot be dismissed at the initiative of the employer. But they have the right to terminate the relationship at any time of their own free will.

In this case, you can warn the authorities about your decision a day in advance. It is forbidden to call a subordinate to work off. The rules for calculating upon dismissal of their own free will in such circumstances are slightly different from the principles listed earlier.

The fact is that if there is no time worked in a particular billing period, then you cannot count on payments. Maternity girls don't work. For them, the billing period is 2 years. Often, upon dismissal, they are not entitled to any funds.

Retirees

But that's not all. The next interesting category of subordinates is the elderly. The rules for dismissing a working pensioner of their own free will must be remembered by each boss.

An elderly employee can warn about their intentions to leave work 1 day before the implementation of the idea. In fact, he is not entitled to any working off. This principle only applies when a person leaves the job for the first time after reaching retirement age.

Re-employed retirees will terminate labor relations according to general rules. This means that they will have to work out and warn in advance about the refusal of further cooperation.

Main in the company

What are the features of the rules for dismissing the chief accountant of his own free will (or any other member of the company's management)? In general, the process is no different from the actions listed earlier.

If it is planned to terminate the employment relationship with the chief accountant, the latter will have to draw up a document on the transfer of his powers and, before leaving work, to check the accounting department. The corresponding operations are documented.

The transfer of authority is made out either to a person entrusted by the management, or to an employee whom they decided to hire instead of the previous subordinate.

Probation

We found out the rules for dismissing a pensioner of our own free will. And the procedure for terminating the contract with the chief accountant too. What if a citizen decided to quit his job during the probationary period?

He has such a right. Moreover, a subordinate can warn about a decision only 3 days before dismissal. Otherwise, the procedure has no peculiarities. The general rules for voluntary dismissal apply.

Without working off

It's time to study the most interesting operation - leaving work without working out. As practice shows, this is exactly the option of many employees.

The rules for dismissal of their own accord without working off include all the previously listed features. You can get rid of the mentioned period:

• asking for sick leave before applying for dismissal;
• going on vacation.

That is, the employee first writes an application for sick leave / leave, then - about dismissal. They will not be able to call a citizen to work. It will remain at the appointed time to pick up the documents and money required by law. Even if a subordinate goes on vacation at his own expense, he has no right to be forced to work.