Is it possible to quit without working for two weeks, how to write a letter of resignation of your own free will. How to quit without working for two weeks, all options Dismissing an employee without working out 2 weeks of foundation

According to the current legislation, before dismissal, everyone must work the allotted time - 14 days. But with a detailed study of the Labor Code, you can find cases where dismissal of one's own free will without working off is possible. This can only happen under certain circumstances.

When processing is required

First, it is recommended to consider the standard form of termination of employment. They are spelled out in articles 80 and 182 of the Labor Code of the Russian Federation. These regulations describe cases when it is impossible to quit of one's own free will without working off. But even for these options there may be exceptions.

Scheduled terms of work after signing the letter of resignation:

The application states that the employee expressed his own desire - 2 weeks;
Planned downsizing of normalized staff or declared bankruptcy procedure - 2 months.

But even for these options, early termination of official duties is possible. The employer can pay the employee ahead of schedule by paying him compensation for days not worked.

An application for termination of employment is written according to a standard template. The date of final dismissal is indicated taking into account articles 80 and 182 of the Labor Code of the Russian Federation. It must first be agreed with the management.

Of your own accord

If the initiative to terminate the action comes from an employee, according to the law, this can be done faster than 14 days. First you need to study the content of Article 81 of the Labor Code of Russia. It indicates cases when the employer cannot oblige the employee to work for another two weeks.

You can do this under the following circumstances:

Admission to higher education. Mandatory conditions - a degree not lower than a bachelor's or master's degree, full-time education.
Retirement according to the current rules, including early retirement.
If violations or deviations from the norms of the current Labor Code or safety rules were recorded. They are grounds for early termination of the contract. At the same time, by agreement, you can quit without working off and a negative entry in the work book.
Moving to another region of the country or city. A justification for urgency must be provided.
One of the spouses will work outside the Russian Federation.
There is a medical certificate, according to which the current working conditions are not suitable for the employee.
Caring for a sick family member.

Important: for each of the above cases, supporting documents must be provided. They will become the basis for dismissal without working off. Otherwise, the employer has the right to refuse.

First you need to study the employment contract. It may include cases not listed above. The main thing is that they do not contradict the current legislation. This may result in the termination of the agreement.

In three days

The maximum period of performance of official duties after is two weeks. But it can be reduced if the employee was hired under special conditions. You need to find out about them in advance, before concluding an employment agreement.

They are as follows:

The employee performed his duties within the probationary period. This point is spelled out in article 71 of the Labor Code of the Russian Federation.
The term of the employment contract is less than 2 months. It is important that it be drawn up in accordance with Article 292 of the Labor Code of the Russian Federation.
Performing seasonal work. If the initiative comes from the employer, he must notify the employee at least 7 days before the date specified in Art. 296 of the Labor Code.

Thus, you can issue a dismissal without working off two weeks.

Note!

A seasonal worker can be considered as such if it is specified in the contract. When concluding a temporary agreement to perform a certain amount of work, dismissal as such is not provided. Termination of the contract is carried out according to the act of work performed or the consent of the parties.

After vacation or sick leave

There is another convenient option, how to quit without working for two weeks - after leaving the vacation. This is prescribed in the application, the employer must be warned. If this is not done, disagreements will arise, which will lead to conflict situations.

It is necessary to take into account such factors:

The minimum vacation duration is 14 calendar days. The head may, at his own discretion, set off these days as working off. Exception - it is written in the employment contract.
After signing the application, the employee issued a sick leave. The time of illness will be included in the working off with the payment of the required benefits and compensations.
Vacation at own expense or if there are days that can be used for recreation. The same dismissal scheme applies as for the first case.

For sick leave with subsequent dismissal without working off, you need a valid medical certificate. Not all types of illness imply the impossibility of performing work duties.

By agreement of the parties

Is it possible to quit without working off, if this is provided for by the employment contract and the law? This clause should be written into the agreement. If it is not there, you can refer to article 77 of the Labor Code of Russia.

The following circumstances are taken into account:

so that the dismissal in one day was legally - in the application it is written “By agreement of the parties”, and not of one’s own free will;
if the employer refuses, he must provide a written reasoned response;
the fact of termination of employment relations in one day does not cancel mandatory payments.

In the latter case, the disbursement of funds is carried out according to the schedule for receiving a salary or advance payment. In the event of disputes, the employee can file a complaint with the trade union, the labor inspectorate or the court. He must have evidence of a violation of the labor code by the employer.

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

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 like:

the inability to continue their labor activity in connection with enrollment in a university or educational institutions of a bachelor's degree and a master's degree in 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.

Other cases of labor law include:

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 of age.

Pensioners and pregnant women, as well as mothers and adoptive parents with a child under 14 years old, can quit without working off.

Dismissal without working two weeks

An employee can quit without working out the mandatory two weeks within a 3-day period. This is possible under the following circumstances:

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 engaged in seasonal work - art. 296 of the Labor Code of the Russian Federation. This period is for the employee only. If the employer decides to dismiss 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.

Letter of resignation without work

In order to quit, the employee must write a statement addressed to the employer. Exactly the same procedure applies if an employee leaves without working off. In the application, it is necessary to indicate “I ask you 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 the required 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 extract.

Dismissal one day without working off

An employee can quit in one day both by agreement with the employer, and in the event of the occurrence of the reasons indicated above. The employee writes an application, and on the same day receives a calculation and a work book.
In addition to the above reasons, the collective agreement may indicate additional circumstances for the dismissal of an employee in one day. If the employer does not consider that the current circumstance is the basis for dismissing the employee in one day, the latter may apply to the labor commission or to the court to protect their rights.

Legal dismissal after three days of work

As already mentioned, the standard working period before dismissal is 2 weeks. But there are categories of workers that do not fall into this list. At their request, the employer must dismiss them and pay them in full in a shorter period - 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 decides 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 says that if an employee was hired only to perform a certain amount of work (or a certain type of work), and an employment contract was concluded with him for up to 2 months, then before dismissal he can work only 3 calendar days;
seasonal workers. For example, for digging potatoes. In Art. 296 of the Labor Code of the Russian Federation states that employees involved in the performance of seasonal work, and with whom an employment contract is concluded for a period of up to 2 months, can safely quit after 3 calendar days have elapsed 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 notice to the chief.

Obligations of an employee upon dismissal

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

obligatory notification of his supervisor of the upcoming dismissal. Depending on the reason for employment and the reason for dismissal, the notice period may vary - from 2 weeks to dismissal on the day of notice;
is obliged to pick up his work book and a full calculation, which includes:
- wages for the hours actually worked from the moment of employment to 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 him, and the employee is obliged to accept it;
- severance pay. In some cases of dismissal, compensatory benefits are provided. They can also be fixed in the collective agreement.

Special circumstances

There are special circumstances under which an employee can quit immediately without working a day.
The labor laws include:

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 have entered the university and begin their studies. As a rule, such a dismissal occurs on the eve of September 1. The enrollment of an employee in a university, as a rule, is known much earlier than before the start of the academic year. Therefore, he can quit in 2 weeks. But if he wants to terminate the employment relationship just before the start of the academic year, then he must present a certificate from the educational unit confirming enrollment in the university;
employees who, due to their age, have reached retirement age and are not going to continue their labor activity. The achievement by an employee of a certain age when, according to the law, they retire, is not a basis for termination of employment;
a conflict situation with the employer against the background of his violation of the norms 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 "forgets" 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 payments for “sick leave”, maternity and others;
the workplace of a particular employee is not properly equipped, which prevents him from fulfilling his immediate job duties in full force.

This is an approximate list of grounds for dismissal of an employee without a 2-week working off. Also, there are other reasons for terminating an employment relationship without working off. These include:

documented family or personal circumstances. But if there is an urgent need for a quick dismissal, you can always talk with the manager and sign an appropriate agreement with him;
relocation of a spouse to work in another region. For example, a long business trip of the spouse, which entails the forced relocation of the entire family to live in another region. The reason is quite good, but some employers are asked to document it;
cases when the health of an employee has deteriorated sharply, and he can no longer perform his labor duties. The law also considers that such a reason is a fairly good reason for dismissal. But without the necessary medical documents, it will not be possible to quit;
families with children under 14;
families with many children, if the leaving parent has 3 or more children under the age of 16. If they are studying at a university, then until graduation;
there was a need to care for a child - a disabled person or another family member with the first group of disabilities. The presence of such a reason must also be confirmed by medical documents;
employee pregnancy. Having a belly is not proof of pregnancy. It is necessary to present to the manager 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 on the certificate must be the "main" seal of the institution.

Quit without work, taking a vacation

There is another option for dismissal without actual mandatory work, if the person leaving has days of unused vacation. That is, an employee can go on vacation with subsequent dismissal. Then the last day at this workplace will be considered the last day of vacation. And no processing required! But you need to reach an agreement with the employer, at least verbally.

Trial or trial

A situation may also arise when an employee has legal grounds for dismissal from a given employer without working off the prescribed 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 deadline and quit. But there is another option - self-defense of their labor rights. That is, he can sue the employer.
This process can take several months. This is inconvenient for neither side. Therefore, it is worth looking for options for a peaceful solution to the problem. What can an employee do? He can offer a replacement instead of himself, that is, a competent employee who wants to start work duties on the day of dismissal. If the employer is satisfied with this option, he will make concessions and release the resigning employee without working off. But if no measures help, then the only thing left is to solve 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 position and initials of the authorized person who accepts such applications;
full name of the employer;
initials and position of the dismissing employee. If the enterprise is large, then you need to specify the structural unit;
the statement itself. Here, the resigning employee indicates:
- a request to fire him on a certain date. For example, dismiss on 04/05/2018. Then the last working day will be considered 04/04/2018;
- request to be fired 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 quick dismissal;
- if dismissal without working off occurs by agreement of the parties, then the details of this agreement can also be indicated.
When the employee sets out the main text, he indicates the date the application was written, puts his signature and deciphers it.

The application should preferably be made on company letterhead. But, if this is not developed, then you can write on a regular sheet.

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

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

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

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

How not to work 2 weeks

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

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

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

Don't know your rights?

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

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

Application for dismissal without working off, sample writing

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

The application is made as follows:

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

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

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

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

In some cases, an employee may quit the very next day after submitting the application, i.e. without working 14 days. A sample application, as well as legal grounds for exemption from work in 2020, are presented in the article.

As a general rule, an employee can only quit 2 weeks after he submitted the appropriate application. However, labor legislation regulates several cases when it is possible to terminate the contract ahead of schedule, without working out:

Dismissal of a pensioner (who had previously retired, and then at a certain stage decided to quit).
The impossibility of continuing work due to enrollment in a university for a full-time department (both on a budgetary and commercial basis).
Impossibility to continue work due to military conscription.
Moving to another region/district/city due to a job change.
Moving to another region/district/city for health reasons.
Sending the employee's spouse to work abroad (subject to official marriage).
Forced leave from work in connection with the care of a sick family member, as well as a child under the age of 13 inclusive or a disabled child of any age.
Dismissal of a pregnant woman (at any stage of pregnancy).
Dismissal of a mother (including a foster mother) who has a child under the age of 13 inclusive.
Dismissal of an employee in connection with a gross violation of labor laws, an agreement with an employer, local regulations. For example, if a fact of a large shortage at the cash desk is revealed, the cashier can be fired on the same day. Similar cases include appearing at work in a state of intoxication, inflicting significant, deliberate material harm, etc.
Violation of the law by the employer (lack of normal working conditions, the workplace is not equipped, etc.).
Finally, it is possible to quit without working off in agreement with the employer. This is the simplest option - the parties come to and act according to the situation. One of the possible scenarios is dismissal without working off, indicating the actual date in the application (by agreement of the parties). The other is the writing of the document "retroactively" ("of one's own free will").

The procedure in these cases is that the employee submits an application, the employer takes note of it, and the employee has the right to quit the next working day. However, there are 3 cases when dismissal is possible only 3 working days after the submission of the relevant application:

Step-by-step instructions for dismissal

The procedure consists in writing an application, agreeing on the fact of the expected dismissal with the employer and terminating the employment contract.

Step 1. Writing an Application: Sample

An application of an arbitrary sample is drawn up - on the letterhead of the company or in free form (at the request of the employee himself). It is written in the name of the manager, while it is necessary to indicate the reason for dismissal without working off, as well as attach the relevant documents that give the employee this right (extract from the apartment in connection with the move, medical documents, pregnancy certificate, pension certificate, etc. ).

An example of a real application looks like this.

Step 2. Acceptance of the application by the employer

The employer must accept this application and mark it accordingly: the HR officer puts the date, and the manager puts the visa "Agreed" or "I allow / I do not object." It is better for the employee to draw up a document in 2 copies or make a copy from the original, which has these marks. If the company does not give consent, the employee has the right to apply to the labor inspectorate or directly to the court. At the same time, the company itself can file a lawsuit if it considers that the employee left his place without permission, without approving the application.

Many do not know how not to work for 2 weeks upon dismissal of their own free will, and therefore sometimes turn to illegal ways to avoid rework. However, there are legal grounds for leaving work without a 14-day notice.

In what cases is it necessary to notify the boss two weeks before leaving?

Important! If the last day of vacation falls on a holiday or weekend (Saturday, Sunday), an order is still issued to terminate the employment contract.

Will I have to work out if I write an application while already on vacation?

Can I quit my job while on vacation? If a person recently went on vacation, then he can apply for care and rely on the fact that he will not have to work. However, if the employee has less than 14 days of rest, then the director may require to stay at work for some time.

The procedure for dismissal of employees on vacation:

A person submits an application to the manager (by mail or in person).
The employer signs the document.
The boss issues an order to terminate the employment relationship.
The employee receives working documents and full payment on the final day of work.

When leaving the enterprise in this way, it must be remembered that the countdown of 14 days will begin from the moment the employer receives a letter of resignation from the subordinate. If a person sent a paper on July 1, then a period of 2 weeks will begin on the 2nd, and documents and all payments to the employee will be issued on July 15th.

Nuance! If you apply for leaving the organization while on vacation, which is provided in advance, 20% for days not worked can be deducted from the payments due to the dismissed person.

What is the liability for dismissal without notice?

Sometimes people do not know how to leave work without modifications in a legal way, so some falsify documents, such as sick leave. Forgery of such a certificate is punishable by a fine of up to 80,000 rubles or arrest for up to six months, as provided for by Part 1 of Article 327 of the Criminal Code of the Russian Federation.

If a person does not have a valid reason for dismissal, for which the option of leaving on the day of application is possible, and the boss refused to provide leave, then he will have to stay at his old place of work for some time.

If an employee, having not worked out the due date, stopped going to work, then he can be counted absenteeism and dismissed on the basis of commentary 6a of the 81st article of the Labor Code.