home Ideas Quit voluntarily without work. Can you quit without a job? On the last working day, the employer must

Quit voluntarily without work. Can you quit without a job? On the last working day, the employer must

If an employee wants to quit own will he must work the allotted time so that the employer has the opportunity to find a replacement for him and accept cases and documents.

But there are times when an employee has the right to leave work on the day the application is written. Some of them are directly prescribed in the Labor Code of the Russian Federation and other legislative acts, while others are only a consequence of the provisions of the law.

About resignation

The concept of "working out"

There is simply no such thing as “working off” in the Labor Code of the Russian Federation, but in personnel office work it is constantly used. Although from a legal point of view, this is wrong - since the employer does not have the right to force the employee to work for two weeks.

But he has the right to have the employee inform him of his desire to quit at least 2 weeks in advance. These two concepts can be seen more clearly with an example.

The manager of Nezabudka LLC writes a statement on April 1 with a request to terminate the employment contract with him at his request from April 2. But the employer puts a resolution: "Work out for two weeks, fire on April 15."

On April 15, the personnel officer makes an order to dismiss, transfers it to the accounting department and draws up everything required documents. The manager takes the documents and leaves. And after some time, the head of Nezabudka LLC is informed that he received a complaint about illegal dismissal and the following circumstances are being clarified:

the manager wanted to quit on April 2, which was indicated in his application, no information about April 15 was contained in this document;
the employer does not have the right to demand working off;
the employee is subject to reinstatement at work with payment for the days of forced absenteeism.

Where is the mistake of the employer, what should he have done to make everything right?

When submitting the above application, it was necessary to put down a resolution with the following content: “ Rejection of dismissal due to non-compliance with the notice period and return it to the worker. And he, in turn, had to write a statement with corrected dates.

In fairness, it must be said that such cases in judicial practice are rare, but it all depends on the conscientiousness of the employee.

What is regulated

Working off, or rather the obligation of an employee to warn the company administration about his intention to quit, is prescribed in the Labor Code of the Russian Federation, in part 1 of article 80.

It states that any employee has the right to terminate employment contract notifying the employer of this at least for 14 calendar days, i.e notice period includes weekends and holidays.

This article also states that separate legislative acts and articles of this Code may establish a different procedure for terminating labor relations:

in some cases, the 14-day period is extended to a month;
in some cases, the employee has the right not to notify the employer and terminate the employment relationship on the day the application is submitted;
notice period can be changed in any direction by agreement of the parties.

Biweekly time starts counting down the next day, after the application is transferred to the head, or registered in the incoming correspondence of the organization.

The manager of Nezabudka LLC submits an application to the manager on April 1, 14 days begin to count from April 2, respectively, the day of dismissal will be April 15, the same day will be considered the last working day.

But at the same time, the manager can submit an application on April 1, and indicate the date of the desired end of work on April 20, respectively, the day of dismissal and this number will be, since the law establishes only a minimum threshold for the warning period, and the maximum threshold can be anything.

After the expiration of the warning period, the employee has the right to terminate the performance of his duties, but if he continues to perform them, and the employer, in turn, does not insist on issuing a dismissal order, then the employment relationship will continue by default.

In what cases is it required?

An employer's notice of termination is standard version, which will be applied in all cases of termination of the employment contract at the initiative of the employee, in which he does not have the right not to comply with this provision of the law.

That is, working off is obligatory in all cases, with the exception of those that the legislation indicates as an exception.

In what cases is it not required?

The legislation provides for several cases when an employee can quit on the day the application is submitted:

pregnancy;
retirement;
enrollment in an educational institution;
conscription for urgent military service;
entry into force of the court decision;
moving to a permanent place of residence in another area;
caring for a child with a disability;
parents with three or more minor children.

All these reasons must be indicated in the application for dismissal, and it will also be necessary to attach additional document confirming this right.

Methods of such dismissal

If an employee does not fit into one of the above categories, but at the same time wants to quit without a two-week notice, there are several ways that are a consequence of various provisions of the law:

Go on vacation and then write a statement. To do this, the duration of the vacation must be at least 15 days. Thus, the entire warning period will have to rest, as well as the last working day.
The period of temporary disability will also be included in the two-week period, and even on the day of dismissal, the employee is still sick, the employer will have to fire him.
Vacation followed by dismissal. This method can be used when the vacation is on schedule and the employer cannot refuse to provide it. This method is prescribed in the Labor Code of the Russian Federation and has a number of differences with simple dismissal when going on vacation.
Agreement with the employer. If the employer has nothing against it, then he can allow the employee to quit before the expiration of the 14 day period.

Note! All of these methods, except for the last one, do not imply the cancellation of the warning period, but allow the employee not to be at the workplace during the specified period.

How to quit your job on your own without working off

In order to quit without working out, you need to follow the following algorithm of actions.

General procedure

The general procedure does not differ from the standard dismissal procedure and includes:

writing an application;
submitting it to management for approval;
issuance of an order;
calculation of the necessary payments and the issuance of a work book.

How to write a letter of resignation without work

if there are reasons specified in the legislation, they must be indicated in the text of the application;
if an employee goes on vacation with subsequent dismissal, this is also indicated in the application;
in all other cases, the application is drawn up according to a standard template.

Note! If an employee quits and has unused days holidays that he will not walk, then he does not need to include in the application a request to pay him compensation, this is done by default.

In order for the employer not to detain an employee who has the right to dismiss without warning, it is better to attach documents proving this right to the application immediately, so as not to waste time on this later.

Even if the day of application is the last working day, the employer must still issue a full calculation and work book.

Sample letter of resignation of one's own free will

Sample text in a letter of resignation without working off, indicating the reason:

I ask you to dismiss me on 04/01/2017 at your own request. In connection with enrollment in a university, I have the right to terminate the employment contract before the expiration of the two-week notice period.

Sample text in a statement when going on vacation with subsequent dismissal:

I ask you to grant me a vacation from 04/01/2017 for 28 calendar days with subsequent dismissal.

How and to whom to submit such a statement

After writing a letter of resignation, the following instances must go through:

it is transferred either to the immediate supervisor, or immediately to the director of the enterprise;
the director endorses it and sends it to the personnel department for drawing up an order;
then the application is filed in the personal file of the employee.

This algorithm equally applies to the case of dismissal without working off.

Video - expert advice - how best to fill out an application of your own free will:

What should you pay special attention to

Upon dismissal without working out, the following nuances may be:

the employer may refuse to dismiss without working off without the availability of documents proving the eligibility of this;
resign with the wording: “in connection with retirement, you can only once”;
dismissal without working off does not relieve the financially responsible employee from transferring values to another person and from responsibility for the shortage;
the opportunity to quit without working off does not give the employee the right not to be dismissed under “negative” articles, but only on condition that the deadlines allow for an internal investigation;
upon dismissal without working off, the employee still has the right to withdraw his application before his last day of work;
in the work book, article 77, paragraph 3 of the Labor Code of the Russian Federation is indicated as the basis for dismissal, but an explanation can be added. For example: “fired of her own free will in connection with her retirement”;
upon dismissal of an employee on vacation employment history issued on the day of dismissal, and when going on vacation with subsequent dismissal - on the last working day.

Dismissal without working off is possible in cases specified in the legislative norms. Also, dismissal without working off can be considered cases when the working period falls on vacation or sick leave. Registration of such a method of termination of labor relations practically does not differ from the usual procedure.

Video - how dismissal is made at will, including without working off:

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The procedure for dismissal at will is determined by the Labor Code. It unambiguously prescribes to warn the employer of his decision at least two weeks in advance. But there are exceptions to the general rule, when the so-called mining is canceled.

We are writing a statement

The Labor Code of the Russian Federation in 2018 did not change in terms of the dismissal of employees on their own initiative. General rule such: the employee writes a statement without talking about the reasons; transfers to the head or personnel officer; make sure it is registered; from the next day, the countdown of working off begins, and after 14 days (including working and non-working days) he may not go to work. The management does not have the right to demand the continuation of work, no matter how irreplaceable the employee may be leaving.

Dismissal of one's own free will without working off, as the new amendments to the Labor Code of the Russian Federation dictate, is possible for good reasons:

The beginning of full-time education in a higher or secondary specialized educational institution.
Stopping work due to retirement.
Transition to elective office.
Conscription into the army or entry into the service under the contract.
The need to start new job obtained by winning the competition.
Violation of labor laws by management (for example, non-payment of salaries on time).
Care of a sick child.
Pregnancy.
Caring for a close relative with a disability.
Serious illness.
Forced relocation.

In these and a number of other cases, the employer is ordered to terminate the employment contract with the employee immediately, without insisting on a two-week continuation period. labor activity.

Each special reason requires the provision of evidence of the need for immediate dismissal: help medical institution; a copy of the order on the transfer of the spouse; documents evidencing violation labor rights etc.

If you want to quit urgently, indicate the reason for the inability to complete the work in the usual way - after 14 days.

We agree with the leader

It is possible to terminate the employment relationship without working off upon reaching an agreement with the manager, if this suits both parties. There is no need to detain an employee, the vacant position will be immediately filled - therefore, they can sign an application for dismissal on the day it is submitted.

At the same time, the basis for dismissal in the order and the work book is formulated “at the initiative of the employee”, and not “by agreement of the parties”. Salary is paid with the required compensation, a completed work book is issued.

The nuances of dismissal of pensioners

We are talking about those people who, upon reaching retirement age, continue to work at their own enterprise. Despite the fact that working pensioners are equal in all respects to other employees, by law they have the right to dismiss at their own request, including in 2018, already the day after writing the application.

It happens that the manager requires the continuation of work for two weeks, but such actions can be protested. An exception is if a person became a pensioner not at the enterprise from which he plans to leave, but got a job already at retirement age, and there is an entry in his work book: “dismissed due to retirement.” Then, upon dismissal at a personal request, he is obliged to comply with the generally accepted procedure. And if he stops working immediately after submitting the application, he will be fired for absenteeism.

How long does it take for a director to leave?

The head also has the right to dismiss at his own request. Dismisses (as well as appoints) the director of the meeting of founders. This body director must notify of his decision for at least a month after all, he is an employer for the rest of the employees, and it is necessary to elect a new leader. General meeting founders meets one month after notification. It considers the issue of dismissal, and then goes through the procedure for terminating the contract, issuing the due payments, and issuing a work book. In agreement with the person leaving, any date for terminating the contract is set (working off is already there).

Chief Accountant

Upon dismissal, he will have to transfer accounting documents according to the act, take part in the inventory, and submit the submitted reports for verification. It won't take more than two weeks to work out.

An employee who is on probation may leave earlier than the agreed period by notifying management at least three days before leaving. The rest of the procedure is similar to the dismissal of ordinary workers. The same applies to employees who have signed a contract for a period not exceeding two months.

Compiling an application correctly

There is no normatively approved form of a letter of resignation, it is written by hand, as an option - typed on a computer (but the signature must be personal), includes two to three dozen words.

The statement states:

name of the organization, surname, initials of the head;
request to dismiss (terminate the contract) of your own free will in accordance with Art. 80 of the Labor Code of the Russian Federation;
in the case under consideration - clarification: "without working off", the reason and the list of supporting documents;
the day of the last entry into the service (it will also be the day of dismissal if the application is signed);
the date the application was written;
personal signature of the applicant (without a signature, the application is not a document and will not be taken into account).

You can use the standard application form - there is less risk of making a mistake. Write well, clearly, legibly.

The application is submitted personally to the head or to the personnel department, or sent by registered mail with notification. This is legitimate, and cannot be blamed on the applicant in controversial cases.

If you change your mind about changing jobs

On any of the days of the two-week period following the filing of a letter of resignation of one's own free will, you can pick up the document and continue working at the same place, as if nothing had happened. It is only necessary to write a new statement - about the withdrawal of the previous one, do not forget to put down the date and sign.

You can also make a note that you changed your mind about quitting on your initial application. Remember two copies! The main thing is that the will be expressed in writing, and not orally.

If over the past days (which are intended to select a person for the upcoming vacancy) no one has been officially invited to the place of the person who submitted the resignation letter, a return “to square one” is possible. But if a “substitute” is found, the employer has the right to refuse the change of mind.

Instead of working off - vacation or sick leave

Often, when planning a job change, citizens guess the dismissal for the upcoming vacation. In the application for the grant of the next vacation, an addition is made: "with subsequent dismissal." Working time is "absorbed" by vacation. The resigning person receives the calculation and labor with the necessary record before the vacation, but the vacation time will be included in the length of service.

If the application for resignation of one's own free will is written during the period of validity of the sick leave, the same thing happens: although formally a two-week working off is required, in fact it will not be.

Reduction of the working period upon dismissal of one's own free will is not allowed unilaterally. That is, if the employee has worked only a week after submitting the application and does not go to work anymore, he will be fired for absenteeism, and not "of his own free will."

Similarly, the employer does not have the right, without the consent of the resigning person, to sign an application for him and send him home before the expiration of two weeks, if he does not ask for it. In this case, the employer runs the risk of obtaining a court decision on the reinstatement of the offended at work with a requirement to pay forced absenteeism.

End of employment

On the last working day, fixed in the application, a person must be given a calculation and a work book. If this does not happen, he has the right to file a complaint with the labor inspectorate.

Ideally it should be like this. The dismissed person is introduced to the order for dismissal from his post. He signs. May ask for a certified copy. In accounting receives a salary; compensation provided for by law (if required; a completed work book with a record of dismissal of one's own free will, indicating the details of the relevant order and, of course, the seal of the enterprise (institution, organization).

In the article, we will consider in detail the dismissal of one's own free will without working off: the terms, the sample letter of resignation, the stages of dismissal. If the employee wishes to terminate the employment relationship with the employer, a letter of resignation is written, while the Labor Code of the Russian Federation provides for the deadlines for which the employer should be warned about this event in a declarative manner. These terms are prescribed in the Labor Code of the Russian Federation in part 3 of article 80.

These terms represent the period of working off, after which the company has the right to end the employment relationship with this employee, having carried out the dismissal procedure, taking into account the norms prescribed in the Labor Code of the Russian Federation. It doesn’t matter if the employee works during work, is sick or is on vacation, the period does not change or be extended.

Rules for dismissal without working off

If certain conditions are met, these terms can be neglected by issuing the dismissal of the worker without working off. Moreover, not only the mutual consent of the participants in labor relations is provided, but also cases of mandatory cancellation of working off.

The employee should understand that the working time is provided not only for employers' companies, but also for the employee himself. The employee has the right to reconsider his decision to stop working and at any time during this period to withdraw his application, continuing to work on the same conditions. The employer, within this period, searches for another employee to replace the one who is leaving, thereby minimizing the possible damage associated with the departure of the employee.

When is dismissal without working off mandatory?

You do not need to work out the prescribed period if:

The employee finds himself in a situation that prevents the continuation of the work process and the performance of labor functions;
Violations by the company of the requirements of the Labor Code of the Russian Federation, the terms of an employment contract or internal documentation, for example, a collective agreement (late payment of wages, refusal to provide guarantees under the Labor Code of the Russian Federation - vacation, sick leave) were revealed.

In these paragraphs, the employee forms a statement providing for the desired date of dismissal, which will be carried out this procedure. The application must contain an appropriate reason for the absence of working off, documented.

The first point, when the worker is unable to work further, may include various situations, a specific closed list is not fixed in the legislation, and therefore it is open. In each situation, the possibility of canceling mining is decided on an individual basis.

Can be distinguished the following situations preventing further work:

Admission to an educational institution - is confirmed by a certificate from the dean's office;
The presence of the status of a pensioner is confirmed by a pension certificate;
An illness that interferes with the performance of duties at this job is confirmed by the conclusion of the attending physician;
Moving - confirmed by a sheet of departure and arrival;
Disability, if it does not allow you to perform work functions, is confirmed by a medical certificate;
Caring for a sick relative or young child;
Other cases.

If the dismissal is associated with violations by the employer of his duties, then it is necessary to first inform the labor inspectorate about this, then you can contact the prosecutor's office or the court.

At least one of these bodies must hold the company accountable due to the violations found, only then can you write an application demanding dismissal without working off. Otherwise, the violation will be regarded as a personal, subjective opinion of the employee, not supported by anything, in which case it will not work to quit on such a basis.

Dismissal of one's own will without working off. Sample Application

The document is addressed to the management of the company where the employee works, which is indicated in the upper right part of the form with the name of the company, full name of the director. Below is the information about the applicant.

The text includes:

Request for dismissal;
The reason for this (for example, own desire for the reason of retirement);
The date by which the dismissal must take place;
Reference to a paragraph of a legislative document that gives the employee the right to demand dismissal on a specified date (3 hours 80 of Art. Labor Code of the Russian Federation).

The information provided is confirmed by the employee by signing and decoding it. The document should be dated the day it was written.

Application for dismissal of one's own free will without working off - an example

Download an example of a letter of resignation of an employee of his own free will

Mutual consent of the parties

The Labor Code of the Russian Federation allows you to terminate relations before the end of the working period, if both parties agree with this.

Mutual consent must be documented. The employee can offer the management to dismiss him due to personal desire on a certain day in a declarative manner - a written application is drawn up on behalf of the employee and transmitted through personnel service company management.

In response to the application, the following actions are possible:

If the employer is ready to satisfy the applicant's request, then an appropriate approval resolution is put on the form, starting the dismissal procedure on the designated day;
If the employer does not mind dismissing before the end of the term, but on a day that does not coincide with that specified in the application, then the employee is required to rewrite the application again, indicating the date indicated by the employer. The date is specified in the agreement concluded between the participants in labor relations;
If the employer is against early dismissal, then he sends the employee a written refusal inviting him to draw up a new application, taking into account the requirements of Article 80 of a 2-week working off.

Download an example of a letter of refusal to dismiss an employee

Dismissal of a disabled person at his own request without working off

Norms, part 3, article 80 of the Labor Code of the Russian Federation and others legislative documents do not give a clear formulation in relation to disabled people and the possibility of terminating labor relations with them without working off the prescribed period.

However, the specified paragraph of the labor code allows you to quit before the end of the warning period in situations in which it is not possible to continue working. This wording can be applied to a disabled person if his disability makes it impossible to perform the duties assigned to his position and interferes with the continuation of the work process. At the same time, the disabled person should provide documentary evidence that, indeed, due to his disability, he cannot continue to work, and therefore he should be fired on the day specified in the application. Such a document may be a certificate received from the attending physician.

When determining the possibility of quitting before the deadline for working out, the nature of the work performed should be taken into account. After all, the reason for which a disability is established may interfere with the performance of functions in one job, and not create any restrictions in another. For example, the absence of a leg will not allow you to work as a loader, but does not prevent you from working in sedentary jobs, for example, as an accountant.

Another way is also possible for a disabled person to avoid compulsory work - to go on unpaid leave and, while on it, write a letter of resignation due to their own desire. This option is possible due to the fact that the specified type of leave for the disabled is required by law, its duration is up to 60 days a year.

Stages of dismissal of one's own free will without working off

Dismissal of one's own free will without working off consists of the following stages:

Registration by the employee of an application with justification of the reasons for dismissal before the end of the working period.
Statement of the approval resolution of the director on the application form.
Formation of a dismissal order using the standard form T-8 (or your own developed order form) - this action carried out on the day indicated in the application.
Making a record of dismissal in the 11th section of the personal card (a reason is entered - clause 3 of article 77 at your own request, and the date of dismissal and information about the order are also set).
Reflection of the entry in the work book (the same basis is prescribed that is indicated in the T-8 form () and the T-2 card).
Carrying out the calculation of salaries and compensations with filling out a note-calculation according to the standard form T-61.
Issuance of the required payments to the employee on the last working day.
Issuance of a work book to its owner on the last working day.

Labor legislation provides for the possibility of termination of work at the initiative of the employee at any time in the performance of obligations.

Article 80 of the Labor Code of the Russian Federation - dismissal of one's own free will without working off, such a basis must be indicated in the application for termination labor contract.

By general rule You must give your employer 14 days notice to terminate the relationship. In what cases exceptions are made and working out is not required - all this will be discussed in this publication.

Working off - types and term of notice of dismissal

The law establishes a working period - the period after the application for termination of the contract, within 2 weeks.

This time is provided for the possibility of searching for a new candidate for the replaced employee, as well as transferring cases within his competence to the latter. Within 14 days, a new person must be found for a vacant position, who will be ready to start performing work duties.

This rule is standard. In some cases, the period may be reduced to 3 days or increased to 1 month.

When the turnaround time is 3 days:

During probationary period when the refusal of the employment relationship follows from the employee or directly from the employer. The form of registration of a break in relations at the initiative of an employee is a letter of resignation, an employer is an order to terminate the contract. Such an opportunity is provided for when the parties are in labor relations for a period of not more than 3 months. If the specified time is exceeded, the processing will be 14 days.
While doing seasonal work. An employee can notify the administration 3 days in advance, but if the initiative comes from the company, the notification is given to the employee 7 days in advance. Often this happens when an employment contract is terminated due to the liquidation of an enterprise or a reduction in personnel.
If the contract is of a short-term nature, it is concluded for a period of not more than 2 months. This requirement applies to relations during the liquidation of an enterprise or the closure of an individual enterprise.

It is necessary to work out a month in the following cases:

Upon dismissal of the chief accountant or head of the enterprise on the basis of Art. 280 of the Labor Code of the Russian Federation.
Upon termination of labor relations with a coach or athlete, if the contract is concluded for a period of 4 months or more - Art. 348.12 of the Labor Code of the Russian Federation.
If it is impossible to fulfill obligations under an agreement with an individual entrepreneur. The application is submitted through the local authorities.

It is important to know: during working off, for any reason, the employee must regularly perform his labor duties on the basis of an agreement concluded with the employer and job descriptions. If the staff is absent from work, dismissal under the article is possible.

The legislation does not provide for such a concept as "working off". This term is not legal in nature and means warning the employer for certain period on termination of the contract with the performance of obligations in the usual manner within the specified period.

Reasons for dismissal of one's own free will without working off

Termination of labor relations is possible by mutual agreement of the employee and the employer on the day the contract is signed or at any other time within 14 days stipulated by law (Article 81 of the Labor Code of the Russian Federation).

Other grounds for terminating relations the day after the application is submitted may be established by an employment contract, internal labor regulations in an organization or individual entrepreneur.

These include:

Voluntary care of a retired employee.
Pregnancy.
Maintenance of a child under 14 years of age or a disabled person upon provision of a medical certificate.
Unsatisfactory state of health - the employee cannot work at the place of employment for an objective reason. An act of a medical institution is provided.

It is interesting: during the working period, if vacant position a new person has not been found, the employee has the right to cancel the letter of resignation. In this case, the employer cannot prevent the employee from taking the notice and continuing to perform work duties as usual.

If a person is fired, but he was not paid wages, he has the right to demand the provision of a calculation, taking into account the accrued penalty. The penalty is taken equal to 1/300 of the refinancing rate for each day of delay. This is indicated in the application to the court or the labor inspectorate.

Payments are established by a court order or resolution, which, upon entry into force, are binding on the enterprise. Recovery is carried out by the Service on a forced basis.

Some tricks - how to avoid working off

In exceptional cases, processing is not required:

Enrollment in higher educational establishments when submitting a training order.
When going on annual paid leave, if it is 2 weeks, subject to prior filing of an application for dismissal 14 days in advance (Article 127 of the Labor Code of the Russian Federation).
If the husband or wife is transferred to work abroad or in another region. It is necessary to confirm the circumstance with an order, then dismissal without working off will be legal.
In the event of violations labor law employer: regular non-payment wages, lack of an annual fee. All these facts must be recorded by the conclusion of the labor inspectorate, a court order or a response to a complaint to the prosecutor's office.
The sick leave coincided with the time of the two-week work before dismissal.

Sample letter of resignation

In the application for termination of the contract without working off within the framework, the following details must be indicated:

grounds for termination of the contract - Art. 80 of the Labor Code of the Russian Federation;
date of dismissal - the employer can agree with it or set a different period - this is his right, not an obligation;
full name of the employee;
comment on the termination of obligations without working off - pregnancy, serious health condition, change of residence, enrollment in a university, etc .;
attachment of documents - confirmation of the reason for leaving the workplace.

The date of submission of the application, the signature of the employee are affixed to the document.

You can download a sample letter of resignation without working off.

Take into account: unified form there is no document, but it is better to take a sample as an example, this will help to avoid errors when filling out. In addition, amendments can often be made to the form of the document.

They make up paper in two originals: one is handed over to the employer, the second is stamped with a receipt indicating the date and number of the incoming one. It remains in the hands of the employee in order to confirm his intentions and to provide an evidence base in the event of a dispute.

How to quit without working 2 weeks: instructions

In order to get a dismissal without working off, you must perform the following steps:

Submit an application for dismissal and attach to it documents justifying the need for an urgent termination of the contract: medical certificate, notice of leave, sick leave, pension certificate, etc. Or, by agreement, together with the application, an agreement is drawn up to the employment contract on the termination of duties.
The listed grounds for terminating the contract without working off are not listed in the law. Satisfaction of such an application is at the discretion of the company. However, if there are good reasons, if the specialist is denied dismissal, he has the right to file a lawsuit in court, which in most cases tends to the position of the employee.
Wait until the day you leave. With and vacation - this is the next day after the end of their terms. For health reasons and in connection with the transfer - the day after the application was submitted on the basis of Article 127 of the Labor Code of the Russian Federation.
The employer pays for vacation or sick leave in full, the employee receives the calculation.
On the last day of work, a work book, an order for dismissal, and others are issued Required documents.

Good to know: the calculation upon dismissal includes the amount for annual paid leave, bonuses and other payments due to the employee for the period of activity. It is impossible to deprive the staff of these benefits in connection with the urgent leaving of the workplace. Personal income tax is charged on all amounts in the manner adopted for tax accounting, as well as deductions are made to the FIU and the FSS of the Russian Federation.

As can be seen from the content of Art. 80 of the Labor Code of the Russian Federation, there are a lot of circumstances that allow you to complete work without working off. You can not go to the place of employment the next day after submitting the application if the employer violates the terms of the employment contract or the employee has good reasons for the urgent termination of obligations.

The main thing is to draw up the documents correctly: an application and, if agreed with the enterprise, an agreement to terminate the employment contract without working off.

Watch the video in which the specialist explains the nuances of dismissal of his own free will with and without working off:

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Everyone has the right to leave their job any time they want. No one can limit him in this. Labor Code of the Russian Federation with the new amendments provides that before dismissal, each person must notify the boss 14 days in advance. The date in the application is indicated on the basis of the terms agreed with the management. The employer cannot force a longer processing time than provided for by the law. New amendments made to the Law of the Russian Federation sometimes provide for the dismissal of an employee immediately, by the same number indicated in the application, if he has some good reason for that.

Voluntary dismissal without working off - new amendments 2018

Amendments were made to the legislation for 2018 that an employee can quit without working off. This applies to those cases when you need to quit if the manager violates the law or when the employee cannot continue to work for an important reason - the state of health, the need to start studying. To issue a dismissal, you must provide documents confirming the right not to work out.

By the way, about whether it is necessary to work out 2 weeks upon dismissal, it is written in the following article.

Is it possible to quit voluntarily without working for 2 weeks?

In some cases, it provides for dismissal of one's own free will without working off. Recent amendments to the Law and other regulations also regulate special cases, when a person has the right to leave immediately:

child care - for different categories this concept has a different interpretation, depending on whether the mother is single or brings up a disabled person;
retirement of an elderly employee - when retiring, it is not at all necessary to leave automatically on the same day, this is a personal initiative of a person;
pregnancy;
caring for a relative with a disability;
election to a position, victory in a competition for a vacant post;
serious illness;
moving.

Sometimes it is still worth trying to negotiate with the manager, because it is not always possible to provide confirmation. For example, it is difficult to prove the need to move to another city, if this is not due to the state of health or the departure of the spouse to the place of work.

It will help to correctly argue the need for dismissal without practicing a lawyer. Find out the contacts of an experienced lawyer close to you.

Rules for dismissal of one's own free will without working off

The care procedure will be standard:

to write an application;
provide documents confirming the right to leave at will immediately;
receive documents and payment on the agreed date.

It should be recalled that in case of dismissal of one's own free will, severance pay is often not paid - only compensation for unused vacation time and salary. But there are some cases when the allowance is due, for example, care due to the departure of the husband to the place of service.

Perhaps an article on how to dismiss a pensioner without his desire under the law of 2018 will also come in handy.

In what cases is an employee required to work 2 weeks?

Before the amendments, it was provided that if the employer initiates the dismissal, then it is possible to issue all the necessary documents at once. Working off is provided for when leaving for everyone who does not have benefits in this.

But it is also quite possible not to work out when the employer does not insist. Then in the application it is possible to indicate any desired date, agreed with the head. And of course you can leave immediately if there is a reduction. Then a certain period of dismissal was initially indicated in the order - this day will be considered final.

About what articles are dismissed from work (according to the Labor Code of the Russian Federation) it is written.

When can an employee be released from working 2 weeks?

There are some ways to get away without working two weeks. Formally, you need to work out, but in fact the employee will be free. To do this, by writing an application, you can immediately apply for a vacation. A person will receive the calculation and documents even before the vacation, but at the same time, the vacation time will also be included in the experience, which will be automatically credited towards working off.

The same procedure is in the case of a sick leave - it is also paid after presentation. In addition, other documents also regulate the possibility of dismissal immediately, so they should be taken into account when analyzing the procedure and the prescribed benefits.

An example of a letter of resignation of one's own free will without working off

The application written by an employee who wants to quit has an arbitrary form. In this case, the document must include a certain list of mandatory items:

reason, referring to Art. 80 ;
desired date of dismissal;
details of the organization, head, date of writing;
employee data - full name and position;
additional reason to leave immediately. If possible, it is worth clarifying in writing what documents are attached in the form of confirmation of the right. This can be a certificate from a university, from her husband's work, from a hospital.

It is still better to take a sample of a standard document in order to avoid mistakes. At the same time, it is worth regularly clarifying the amendments that can be made to the document form in order to avoid problems in the future. Sometimes you need to write 2 copies and keep one for yourself with the registration mark of the secretary, so that you can then defend your rights in the appropriate authorities, if such a need arises.