Dismissal in one day without two weeks' work - all legal ways. At your own request, you can quit the day after day

The need or persistent desire to stop work can arise at any time. In some cases, you can quit without working two weeks. How to do it?

Related materials:

Dismissal on the day of application

In accordance with Articles 77, 78 and 80 of the Labor Code of the Russian Federation, an employee can terminate an employment contract on his own initiative. In this case, he is obliged to file a letter of resignation two weeks before the date itself.

In the case of dismissal without work, the date of dismissal in the application must coincide with the date of writing the application.

The same article 77 states that, by agreement of the parties, an employment contract can be terminated at any time. This is especially convenient if the employee and employer are mutually interested in termination labor relations.

Thus, by agreement with the employer, the employee can resign on the same day.

Article 80 of the Labor Code provides for the possibility of dismissal without working off, if further work is impossible for good reasons. The circumstances, thanks to which you can quit without working two weeks, are as follows:

to an educational institution,
exit on,
an established violation of labor legislation by the employer,
other cases.

What kind of cases are these? The TC does not contain an article expanding the concept of "other cases". But, in accordance with other by-laws, and with the established practice, valid reasons include:

to another locality (clause 7.2 of the Decree of the USSR State Committee for Labor and Social Issues of 10/25/1983 No. 240 / 22-31 "On approval of the clarification" On some issues related to the application of legislation on strengthening labor discipline ").
Sending a husband (wife) to work abroad, to a new place of service (Decision of the RF Armed Forces of November 16, 2006 No. GKPI06-1188, Determination of the RF Armed Forces of February 8, 2007 No. KAS06-550).
Moving to a new place of residence, which can be confirmed by an appropriate document, for example, a passport with a mark (deregistration) and a disposal sheet.
Transfer of a husband or wife to work in another locality (confirmed by a certificate of transfer from the place of work).
The impossibility of living in the area, confirmed by a medical certificate.
A disease that prevents the continuation of this work, if there is an appropriate medical opinion.
Caring for a child until he reaches the age of 14 or a disabled child (information about children is provided by the employee when applying for a job).
in accordance with a medical certificate or a disabled person of the 1st group (confirmed by a medical certificate).
Dismissal by on their own working disabled people and pensioners.
Dismissal and mothers with a child under the age of 14, as well as parents with three or more dependent children under the age of 16, and students under the age of 18.

The list of valid reasons-grounds for dismissal on the day of filing an application can be enshrined in the internal labor regulations of the organization or in a collective agreement.

If the employer does not consider these reasons to be valid, the employee may apply.

Dismissal within three days

The Labor Code provides for cases where an employment contract can be terminated within three days. Grounds for terminating an employment contract in this case are:

Dismissal at the initiative of an employee or employer during the probationary period (Article 71 of the Labor Code of the Russian Federation). In this case, the initiator of the dismissal must notify the other party in writing (i.e. write a letter of dismissal or sign a letter of dismissal) three days before the date of dismissal.
Dismissal with a concluded employment contract for up to two months (Article 292 of the Labor Code of the Russian Federation), incl. upon liquidation of an organization or reduction of staff. The notification procedure is the same as in the first case.
Dismissal of those employed in seasonal work (Article 296 of the Labor Code of the Russian Federation). The right to a three-day period in this case applies only to the employee. The employee is obliged to notify the employer in writing three calendar days in advance. If the employer made the decision, he is obliged to notify the employee in writing against signature no later than seven calendar days.

The employee has the opportunity to avoid a two-week presence at work during the period of working off (Article 127 of the Labor Code of the Russian Federation). At the written request of the employee, unused vacation days can be provided to him by the employer with subsequent dismissal.

However, the employee should take into account that this is the goodwill of the employer, and not his duty. If the employer has agreed on the employee's application for leave with subsequent dismissal, the last day of the leave will be considered the day of dismissal of the employee.

A similar option is possible if the employee has a period of incapacity for work during the two-week period. In this case, in accordance with the previously submitted application, the employee will be dismissed in absentia on the day specified in the application, while the period of incapacity for work will be paid to him in full on the basis of a certificate of incapacity for work.

According to Art. 80 of the Labor Code of the Russian Federation, an employee who applied for dismissal must have worked for at least two weeks. Does the law provide for dismissal without compulsory work? In what cases it may not exist?

Labor code and dismissal without work

By itself, working off happens in two cases of dismissal:

At your own request - 2 weeks (Article 80 of the Labor Code of the Russian Federation)
Reduction of staff - 2 months (Article 180 of the Labor Code of the Russian Federation)

However, the second option is usually not considered working off, in addition, everything here depends entirely on the employer - he has the right to fire the employee earlier, paying compensation for the unworked time.

As a rule, the employee is interested in how to quit before the expiration of the two weeks provided for in Art. 80 of the Labor Code of the Russian Federation. This is possible: for example, if an employee is on probation, then he must warn the employer about dismissal only three days in advance (Article 71 of the Labor Code of the Russian Federation). However, there are other options as well.

Dismissal on their own initiative

Articles 77, 78, 80 of the Labor Code of the Russian Federation give the employee the right to terminate labor relations on his initiative, warning the management of his decision 14 days in advance. These days are for warning and are actually working off. But the same article 80 indicates the possibility of quitting without working off if it is impossible to continue work due to the circumstances for a good reason.

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:

Inability to continue working in connection with enrollment in a university or educational institutions full-time bachelor's and magistrates
Employee retirement
Violation of labor legislation by an employee, as well as local acts and provisions of labor and collective agreements
Other cases

To other cases labor legislation relates:

Moving to another area for work
Sending a 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.

If an employee has filed an application for dismissal of his own free will, implying work, and insists on an earlier date of dismissal, allegedly having the right to do so, it would be wrong. When he really has the right not to work out the due period for the reasons indicated above, he is obliged to notify the employer in writing.

E If the employee has legal grounds for early termination of labor relations, they must be indicated in the application and provide copies of documents proving this (for example, a certificate of admission to an institute, a certificate of the transfer of a spouse to another area for service). Otherwise, he may earn truancy and be fired under the relevant article.

Read your employment contract carefully - the reasons for leaving without work can be spelled out in the collective agreement or in internal labor regulations organizations.

It must be said that the 2-week working period specified in the 80th article of the Labor Code of the Russian Federation is not a strict condition, the same article says that if the employer and the employee are mutually interested in terminating further labor cooperation, then the management of the enterprise can fire him without working off. on the day of writing the application or other agreed date.

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 ask to fire me without the obligatory working out 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.

Vacation followed by dismissal

Another option to quit, avoiding working off, is to write a statement with a request to provide non-part-time vacation days and end the employment relationship immediately after. The date of dismissal, that is, the final working day will be the day of the end of the vacation. On the same day, the employee must receive the due cash payments and work book.

The duration of the vacation in this case should not be shorter than 14 days. However, the management reserves the right to grant leave with subsequent dismissal to the employee or not. An employee, filling out an application for such a vacation, will correctly indicate in the text: "I ask you to provide a vacation from such and such to such and such a date, followed by dismissal." The day of the end of the vacation is prescribed in the application so that in the future there are no disagreements and disputes about the day of dismissal.

If an employee wrote a letter of resignation on his own initiative, began to work out the prescribed 14 days and issued a certificate of incapacity for work during this period, accordingly he will be on sick leave, in fact, avoiding working off. In this case, he will be dismissed in absentia on the day specified in the application with the obligatory payment of this sick leave.

Dismissal one day without work

Another way not to work out is to ask for dismissal by agreement of the parties (Article 78 of the Labor Code of the Russian Federation) when it occurs on the specified date.

It is necessary to correctly draw up the application itself in this case. Writing “Please dismiss me from such and such a date” is incorrect, since it turns out that this dismissal is initiated by the employee, and therefore implies legal work.

It would be correct to indicate: “I ask you to dismiss by agreement of the parties (clause 1 of article 77 of the Labor Code of the Russian Federation). Or submit not an application, but a proposal to terminate labor relations on the same basis from such and such a date with a request to provide a written response to this proposal before such and such a date.

A written response is required in case of disagreement. The notorious 14-day notice period is used for a reason. After all, it is necessary to find a replacement for the outgoing employee and make the transfer of affairs with him and all the calculations.

If the employer does not believe that the circumstance that has come 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.

Sample letter of resignation

Instructions: how to quit without working 2 weeks?

So, you want to quit, but at the same time you do not want to work off the statutory two weeks (say, you are already expected at another job, you are planning to leave abroad, or there are other reasons to rush). What can be done here?

1. It should be remembered that the period specified in Art. 80 of the Labor Code of the Russian Federation, is not a strict requirement. The same article states that with the consent of the company's management, you have the right to resign at any time. Therefore, if you have a normal relationship with your employer, you may not work for two weeks.

2. You can also offer the employer to fire you by agreement of the parties (Article 78 of the Labor Code of the Russian Federation). With this option, all the terms of dismissal can be reduced to two words - "How to agree." You can agree on the timing of dismissal, you can bargain for severance pay, you can negotiate other conditions related to the termination of an employment contract

3. In some cases, the law and regulations make exceptions from general rules and allow you to demand dismissal on the day when it is convenient for the employee. The Labor Code of the Russian Federation refers to such cases:

retirement
admission to study
gross violation of labor legislation by the management of the enterprise
other cases when it is impossible to continue working

Partially other cases are deciphered in acts, some of which were adopted back in the days of the USSR, but which are still valid. For example, these cases include:

In the event that the employer does not consider these reasons to be valid, you have the right to file an application with the court or the Federal Labor Inspectorate.

Moving to another region or city
The spouse of the employee is transferred to work in another region or abroad
Impossibility of living in this area, confirmed by the conclusion of the medical commission
Inability to continue working at the enterprise due to illness (also confirmed by medical documents)
The need to care for a disabled child or other sick family member
Pregnancy

4. A retiring employee has the right not to appear at work during the working period if he is on sick leave. In this case, the days of illness are counted towards the working hours.

5. Finally, with the consent of the employer, it is possible to combine the term of work with leave by submitting an application for leave with subsequent dismissal.

Based on materials: trudinspection.ru, 2016.life, topurist.ru

In this article I will tell you how quit without two weeks' work according to the code of the Labor Code of the Russian Federation.

The Labor Code in force in Russia (Labor Code of the Russian Federation) indicates that the employee, having submitted statement on dismissal, must have worked for at least two weeks. However, there are ways to avoid this practice. How exactly an employee should act in order to quit without working - you will learn from this article.

○ Labor Code and dismissal without work.

By itself, working off happens in two cases of dismissal:

At your own request - 2 weeks (Article 80 of the Labor Code of the Russian Federation).
For staff reduction - 2 months (Article 180 of the Labor Code of the Russian Federation).

○ Instruction: how to quit without working 2 weeks?

It should be remembered that the period specified in Art. 80 of the Labor Code of the Russian Federation, is not a strict requirement. The same article states that with the consent of the company's management, you have the right to resign at any time. Therefore, if you have a normal relationship with your employer, you may not work for two weeks.
You can also offer the employer to fire you by agreement of the parties (Article 78 of the Labor Code of the Russian Federation). With this option, all the terms of dismissal can be reduced to two words - "How to agree." You can agree on the timing of dismissal, you can bargain for severance pay, you can negotiate other conditions related to the termination of the employment contract.
In some cases, the law and by-laws make exceptions to the general rules and allow to demand dismissal on the day when it is convenient for the employee. The Labor Code of the Russian Federation refers to such cases:
- retirement;
- admission to study;
- gross violation of labor legislation by the management of the enterprise;
- other cases when it is impossible to continue working.
Partially other cases are deciphered in acts, some of which were adopted back in the days of the USSR, but which are still valid. For example, these cases include:

In the event that the employer does not consider these reasons to be valid, you have the right to file an application with the court or the Federal Labor Inspectorate.
- Moving to another region or city;
- The spouse of the employee is transferred to work in another region or abroad;
- The impossibility of living in this area, confirmed by the conclusion of the medical commission;
- Inability to continue working at the enterprise due to illness (also confirmed by medical documents);
- The need to care for a disabled child or other sick family member;
- Pregnancy.
A retiring employee has the right not to appear at work during working off if he is on sick leave. In this case, the days of illness are counted towards the working hours.
Finally, with the consent of the employer, it is possible to combine the term of work with leave by submitting an application for a leave with subsequent dismissal.

I hope you find this information useful.

Question: I want to quit my job, but they won't let me go without working off. I work on a rotational basis. Is it possible to quit without completing 2 weeks? What article is there on this in the labor code?

Official place of work, as reflected by an entry in work book, at some point may become an obstacle to the implementation of new plans or the implementation of some urgent matters. The reason for this may not be fatigue or a "bad boss", but whatever. Sometimes, you don't want to leave your work collective at all, but it is necessary to quit.

Moreover, you need to do this as soon as possible - to quit without completing 2 weeks, which obliges Labor Code RF. This norm is regulated by Articles No. 77, 78 and 80, which give the employee the right to terminate the employment contract on personal initiative after a written request. The employer must be notified exactly two weeks before the desired departure date.

Obviously, the very fact of writing such a statement does not give the employee the long-awaited freedom from the employer and ahead of him - those very obligatory two weeks of work.

Indeed, there are ways to quit, bypassing the deadline. Moreover, this does not require breaking the law or "cheating" in some way. Everything is not so difficult, read and remember, this publication will give an exhaustive answer to this, for some, not just an important, but an urgent question.

Employee's rights and obligations upon dismissal

First, a little more theory. The term of work - 14 days - keeps its account not from the moment of writing (and, what is important, signing by the head!) Of the letter of resignation, but starting from next day... You only need to count calendar days, regardless of the number of work shifts in this period.

Legal dismissal after three days of service

Certain categories of workers are not subject to this obligation and may require them to be fired within three days. These include company employees passing through probation(Article 71 of the Labor Code of the Russian Federation). The same list also includes specialists with whom only a temporary (article 292 of the Labor Code of the Russian Federation) or seasonal (article 296 of the Labor Code of the Russian Federation) contract is concluded, the term of which is limited to two months. Representatives of these categories of employees have the right to leave work in the company three days after the manager is notified of this desire.

But force majeure happens and the time cannot be turned back, what can be done?

You should not neglect the opportunity to talk with management about the early resignation of obligations. The employer has such a right - to dismiss without requiring work. The above-mentioned article 77 allows you to terminate the contract by agreement of both parties at any time.

This version is very real for an employee of a small private company in the absence of the need to complete a certain amount of work. If there is direct access to the person making such decisions, then it is worth talking directly. A one-on-one conversation, in which an employee can explain the motives for an early separation, can cause an understanding of the manager who will meet the employee halfway. The received signature in the application for leaving of your own free will - and you can start to say goodbye to colleagues, and the next morning forget the way to the office.

However, what to do when it is necessary to quit without working two weeks, but the management does not want to delve into the essence and enter into the position of the employee? The so-called special circumstances... They will need to be described in the application and be ready to provide evidence or documentary evidence. Here it is also necessary to indicate the desired dismissal period. If the employee's demand after filing such an application is left unheeded, he can go to court.

Other cases and "special circumstances" for the possibility of immediate dismissal

Applicants have the right to terminate the work process ahead of schedule educational institutions... This fact must be confirmed by a certificate of admission, which will be issued by the university. People who have reached retirement age, as well as currently working pensioners and disabled people, are allowed to quit without work.

Conflict situation with the employer due to his violation of the Labor Code and other regulatory legal acts describing the norms labor law, abuse of authority and other illegal actions is another weighty argument that obliges the employer to terminate the contract at a time convenient for the employee.

It is worth focusing on cases of salary delays, non-compliance with the terms of vacation pay (no later than three days before the start of the vacation), lack of a properly equipped workplace - all this can become reasons for terminating the contract on the day that the employee himself indicates in the application.

Article 80 of the Labor Code of the Russian Federation will tell you more about the reasons for the early dismissal described above. It also describes the possibilities to quit quickly in connection with other cases. However, any list of all kinds of circumstances that may be valid reasons for dismissing an employee at the time they want is not given in the Labor Code. Here, by-laws and established practice will become a reference point, which considers the following options to be respectful:

Quitting without working out is real various reasons related to circumstances in the family or sphere personal life... The laws allow such possibilities, but they will have to be documented, in which difficulties may arise.
The reason for the early termination of work may be the move of the spouse for a long time to another region or country. A common case is a long business trip of a husband or wife, which entails the relocation of the whole family. This is a very good reason, which may be asked to document it.
Undoubtedly, the legislation considers all cases of deterioration of the employee's health to be respectful, which entail the need to leave the region with confirmation of this fact by a medical report. An illness that prevents an employee from performing their duties is also included in the list of cases that do not require two weeks of work.
Having children will help to quit as soon as possible. We are talking about families with children and adolescents under 14 years of age. Any parent of a large family with three or more dependent children under the age of 16 can demand the early termination of the employment contract. Or the children in such a family have not reached the age of 18, provided that all of them are students of general education institutions.
A good reason becomes caring for a disabled child or a sick family member, as well as a disabled person of the 1st group, which, as you might guess, must be confirmed by a medical certificate.
Pregnant women are spared from compulsory labor.

Vacation instead of working off

Finally, the presence of unused vacation days will allow you to avoid being at work on the days of necessary work. If a written application for such leave is agreed, then the last day of legal rest may become the day of dismissal.

Judgment or Peace?

What if you find suitable options that, according to the Labor Code, allow you to quit without working a two-week deadline, but the management insists on such a need? Going to court would be the right step. At the same time, you should not expect that the process will take place quickly, usually it lasts up to several months. It makes sense to look for ways to resolve the issue peacefully or to work out the prescribed period. And as an option - offer yourself a replacement.

As you can see, there are ways to quit quickly, and there are many of them; the best option will be planning the proposed changes and layoffs on general terms.

Hello everyone, I work in a private construction company on the construction of a large timber processing enterprise. The director admitted payment delays for a whole year wages for up to a month and did not issue payment sheets. Now the work of our organization is coming to an end and began serious problems on the payment of wages, people were fired - the type of work ends, write applications on your own. At the same time, almost half of the employees, as it turned out, were not completed, although they submitted all the documents to the personnel department a few months ago. Now, of the Amur workers, only I and three more from the administration have remained, well, and 5 people from another city. To date, the delay in wages is more than 2 months. As the director himself says, like he does not receive money from the customer and the general contractor. Although, when the last time at the end of November we received money (he gave out only for half of October - like, how much he transferred, he paid so much), other organizations at the construction site paid their workers wages for the whole month. Now I want to quit on my own without working off (more precisely, without a mandatory warning of dismissal 14 days in advance), and receive a calculation no later than the next day after the dismissal (according to Article 140 of the Labor Code of the Russian Federation). Although it is clear that this is unrealistic without contacting the labor inspectorate and, possibly, the prosecutor's office. Can you advise me how to proceed? As I understand it, a delay in wages for a period exceeding 2 months falls under Article 145 of the Criminal Code of the Russian Federation. I would like to punish such an employer in full: for non-issuance and refusal to issue pay slips, forced labor on weekends (by employment contract we have a 40-hour working week, but in fact, work was carried out every Saturday), for the constant delay in the payment of wages, for the delay in payment upon dismissal (in April one of the employees already applied to the prosecutor's office about this - the director, after the decision of the prosecutor's office, calculated him quickly + paid the fine). What to rely on when drawing up a letter of resignation in order to substantiate the need for resignation on the same day? I am a father of many children, I am going to change my place of residence after new year holidays, can this somehow affect the rate of dismissal? I am quitting right now in order to have time before the New Year holidays to sort out everything and get a full calculation, since there is a high probability that if I stay until the end of the work (end of December), then in New Year I will not leave as calculated completely, and then it will simply be physically impossible for me to knock out the money I earned from the employer (the record so far in the company for the delay in settlement is 4 months). Today I wrote an application for a day off on Monday without pay - to go to the labor inspectorate and the prosecutor's office, and over the weekend I want to prepare for the trip - how and what to say there, what to pay special attention to, and so on. The main goal is the fastest complete calculation, while receiving pay slips for November and December, and, of course, to maximize the burden on the company for its jambs - the maximum possible fine or suspension of the company's activities for long term quite suit me.