How to quit your job on your own. How to quickly and correctly decide and understand that it is time to quit your job. Does an employer have the right to refuse dismissal?

Most employees hold on to work, are afraid of losing it so as not to lose their livelihood, perform any duties that they are entrusted with, agree to overtime work for a small reward. There are many situations when, for a conscientious employee, dismissal becomes a lesser evil than continuing to work in the same position. It is important to understand how to quit your job the right way.

Difficult decision

Common reasons for leaving a job:

• placement in a higher paying position;
• impossibility of further career growth;
• lack of opportunities for creative self-realization;
• moving to another area;
• identification of a disease that interferes with this labor activity;
• the need to care for sick relatives, looking after small children;
• serious and constant conflicts with colleagues, management.

It happens that an employee wants to quit because he committed any violations. All of them need to be carefully analyzed, weighed all the pros and cons of the work, and then make the final decision. You can ask for advice from relatives, friends, study special materials on this topic.

Of your own accord

This is a termination employment contract at the initiative of the worker. The whole procedure is described in detail in the TC. A fixed-term employment contract is terminated earlier than the stipulated period, if the agreement of the parties is reached. There are also civil law contracts, the termination procedure of which is enshrined in them.

Procedure

It will be correct to start with a warning from the boss, it is preferable to do this 3 weeks before the date of the proposed departure.

You should not quit your job:

• when a serious audit is due, an annual report;
• there are unfinished projects;
• when most employees are on vacation or ahead of the holidays.

Efforts must be made to ensure that the information that you have decided to leave does not become the property of the team.

Application and terms of dismissal

The application process is described in the TC. It must be written 14 calendar days before the date of termination of the employment contract. It is advisable to submit an application immediately after notifying the employer of leaving, it should include the reason and date of leaving, you can make a second copy for yourself. The application can be accepted by the personnel department, in without fail mark it as accepted.

If the employer does not agree with the dismissal, then you will have to apply to writing send by registered mail to the address of the company and attach a notice of receipt to it. This method should only be used as a last resort.

There may be situations when the employment relationship ends earlier than 14 days. The employee may leave within the time specified in the application:

• with a serious illness;
• upon retirement;
• upon admission to educational institution;
• when moving;
• if violations of laws by the employer are recorded.

An employee may be fired in these cases on the day the application is made. The boss and the employee can agree that the employee will leave the organization before the expiration of 2 weeks. A two-week period is set for the departing employee to finish all the work at the workplace, and the company's management also begins to select a replacement.

Retention attempts

When writing a statement, an employee does not have to state the reasons why he decided to quit this job.

Within 2 weeks, the resigning employee must continue to work in the same volume as before, within the agreed labor functions. He has no right to leave work earlier, refuse to do something, engage in extraneous affairs in working time. All this can lead to the termination of the employment contract under another article, which will spoil the further labor biography.

It is not uncommon for a boss to try to persuade an employee to stay. Such conversations can be supported by appropriate promises:

• increase wages;
• transfer to a more prestigious position;
• change the terms of reference;
• send for retraining;
• grant emergency leave.

Most bosses are understanding about the termination of an employment contract at the initiative of employees. They make attempts to keep the resigning person if he is of value as a specialist. The employee himself needs to decide what answers he will give to the manager.

In order to leave work correctly, you need to follow a number of recommendations. It is necessary to take all the useful things that have been received here into later life. This applies to experience, skills, developments, business and friendships. You should not tell everyone about the upcoming new job, describe the advantages over the old one.

If your boss is okay with your leaving, then you should thank him for working together.

If the boss instructs to familiarize the employee who will take your place with the features of the work, then you should not object. You need to calmly and methodically bring him up to date, without giving characteristics to management and employees.

Calculations upon dismissal

On the last working day, the employee must receive all documents in his hands. The following payments must be made to the employee before dismissal:

• wages for the actual period worked in the current month;
• bonuses, allowances;
• compensation for unused vacation.

On the last working day, the employee must be familiarized with the order that he is being fired, the order must be signed by the boss. In the personnel department, he should be handed a work book in which it is necessary to check the availability and accuracy of all entries.

The procedure for leaving work does not always go smoothly, personnel officers may not give work book. In this case, three days after the dismissal, you can make a claim against the organization, the work book can be sent to your home address. If this does not happen, then you can apply to the court or the prosecutor's office.

Withdrawal of the application

A two-week period was given to the employee so that he was not in a hurry to finally part with the organization. If he changes his mind, he has the right to stay to work in the same place. This can also happen under the influence of the boss's arguments. This can be documented in a number of ways:

• the employment contract continues to be valid;
• a document is drawn up according to which the application for dismissal should be considered invalid.

The final stage

To complete your labor activity right, one of last days stay at work it is good to arrange a buffet table or a feast. You can not only treat your manager and colleagues with something tasty, but also say kind words to them.

It is necessary to leave a good memory of yourself, because you may need to turn to your previous job for recommendations for new position. There are no exceptions to situations when an employee after some time again comes to get a job at his old place of work, so it is not advisable to leave without saying goodbye.

Looking for a new job

you start searching new place within 14 working days. This will distract from the quality performance of labor duties, cause complaints from the authorities. To protect yourself, you should do this without attracting the attention of colleagues and the manager: do not send resumes from corporate mail, do not keep in the office telephone conversations about employment.

Conflicts at work, low wages and other reasons force a person to voluntarily break off an employment relationship. Despite the fact that the termination of a relationship at the initiative of an employee is a very common way, not all employees know how to quit on the right way. own will and make some serious mistakes.

Rules for compiling and submitting documents

Only an officially employed employee can quit his job on his own initiative, staff member with whom an employment contract has been concluded in the manner prescribed by law.

If there is a civil - legal relationship, then for dismissal it is enough to send a notice to the employer.

Dismissal occurs in the following way:

• Termination labor relations based on an employee's statement addressed to the manager.
• The will must be set out on paper in any form.
• The application must contain the date of dismissal and an emphasis on one's own desire.

• The document should be drawn up in 2 copies, both should contain the date of writing and be signed by the employee.
• Labor legislation does not oblige the employee to reflect the reason for leaving in the application if the allotted time is not worked out in the future.

• The employee is considered dismissed after the date indicated by him in the submitted application.
• After writing the application, it is transferred to the personnel department or to the office. It is important that the document has information about its acceptance.

• After registering the document, authorized persons are required to issue an order for dismissal.
• By general rule the employee must be familiar with the document signed by the head. If it is impossible to familiarize, the document must contain a corresponding entry.

• On the last working day, the employee is paid a salary, compensated for unused vacation, and other payments are made, in accordance with current legislation RF and departmental regulations.

• The employee is given his work book.

Application Requirements

Labor legislation does not provide for a strict form of application for dismissal. But there are some nuances in its preparation:

• An employee can be dismissed only on the basis of a written application, in accordance with Art. 80 of the Labor Code of the Russian Federation. Oral statements on this matter are not a reason for refusing to work.

• You can draw up a document in any convenient way - write it yourself or use special tools - a computer, a typewriter.
• The content of the application must clearly reflect and convey the desire of the employee to complete his career in a particular organization.
• The application must be submitted no later than 2 weeks before the expected date of dismissal.
• The document must indicate the date of the last working day. In the absence of a certain number, the employer has the right to dismiss the employee after 2 weeks.

You can apply in person, or by mail or courier.

Immediate dismissal

It is possible to quit without working out the time established by law upon reaching retirement age, upon admission to a university and for other reasons, in accordance with Art. 80 of the Labor Code of the Russian Federation.

In addition, you can refuse to work for legal reasons, in particular, in connection with the violation of labor laws and relevant regulations by the management.

In both cases, the application will have to indicate the reason for dismissal, and add the phrase "without working off."

The head does not have the right to refuse to accept the application. He is obliged to terminate the employment relationship with the employee within the specified period.

Applying outside business hours

If you wish to terminate the employment relationship while on sick leave, the employee, on his own initiative, has the right to write a letter of resignation.

In such a situation, when dismissal is expected during the validity of the sick leave, the employer is obliged to issue an order for dismissal, make an entry in the work book and calculate the due payments.

Since the employee cannot sign the order, a note is made in the document about the impossibility of familiarization. Further former employee can pick up Required documents at any time convenient for him.

Similarly, dismissal occurs when an employee is on annual paid leave.

In this way, basic knowledge in the field of labor relations allow employees to exercise their rights and defend them without violating the law.

The work world is surprisingly small. When you leave, you never know for sure who you'll be working with, who you'll have to ask for favors, and whether you'll ever need a referral from a former boss. And don't forget gossip. If you leave a negative impression about yourself, there is a risk that outside the company will find out about it.

How to quit the right way

Submit your resignation letter two weeks before leaving

Processing times may vary different companies, but two weeks is the standard time. The employer needs time to prepare for the changes, complete the paperwork and start looking for a replacement for you.

Large firms can say goodbye to you on the same day. But the leaders of small companies may need a longer period. In this case, there is a risk of breaking loose, sending the authorities to hell and just leaving.

Should not be doing that. Look at the situation from the point of view of leadership. Besides, it's disrespectful to other colleagues. After all, then they will be loaded with your work.

Notify your boss first, and then everyone else

No matter how much you trust your people, don't tell them your decision. Don't post it on social media. Your manager has the right to be the first to know.

It is better to provide this information in person. If your boss works elsewhere, talk to him on the phone. You can send email only if both of you do not have free time. But this is the worst option, which is better not to use.

Prepare to Talk to Your Boss

Before breaking the news to your boss, answer a few questions.

1. Do you have an action plan that will mitigate the effects of your departure? Offer the boss specific ways to solve the problems that arise as a result of the dismissal.
2. What will you do if you receive a counter offer? Be prepared for the fact that you may be offered tempting conditions for you to stay. Think in advance what kind of conditions it could be. Will you stand for a big pay raise? For an extra week of vacation? If the conditions suit you, wait until they are confirmed in writing. If not, tell your manager that you really appreciate his offer, but you can't turn down the new opportunities in another position.
3. Are you ready to quit later than planned if necessary? You may be asked to stay for another week or two. Think beforehand whether you agree to this.
4. Are you ready to leave the day you announce your decision? Can you pack all your belongings and leave the work area right away?

Speak briefly, confidently and with a smile

Don't beat around the bush. Get straight to the point. If you have, having a good-natured conversation can be difficult.

Resist the urge to express everything that has accumulated.

Behave decently. Will your career paths cross again in the future?

Thank the leader for the collaboration. It is not necessary to talk about a new position. It is enough just to say that there you will have duties that you have long wanted to fulfill.

Find out what you are entitled to when you leave

This may include additional payments and bonuses that are specified in the contract. The employee must also be paid compensation for unused vacation.

Write a letter of resignation

After talking with your superiors, you will most likely be asked to issue. Do not write anything superfluous: the application does not need to describe in detail the reasons for your departure.

Don't relax

After a formal resignation, it is easy to forget about your responsibilities. But you still have two more weeks ahead of you. If you do not want to spoil the impression about yourself, do not relax and bring the work you have started to the end. For surely you will be remembered for these last weeks.

Do not start any new projects during this time. If you don't have time to complete something, tell your colleagues at what stage the task is. Leave hints for those who will do your work. Ask how you can help your colleagues.

Make everyone regret your departure and remember you with a smile.

Don't insult your ex-boss on social media

Some post messages on social networks about how happy they are to leave this hell and not see the tyrant boss anymore. Don't be tempted, even if it's true. Maintain dignity. The boss may not see this entry, but other people will develop about you.

Thank colleagues and say goodbye to them warmly

Keep in touch with colleagues. Report your care e-mail or in general chat. Have a farewell party. This is a great way to remember with a smile all that you have experienced together. There may be some you have developed friendships with and would like to see outside of work.

How to quit on favorable terms for yourself? From the point of view of the labor code, there are two different grounds for terminating an employment contract: at the initiative of the employer and at the initiative of the employee. The difference is obvious - whoever wants to terminate the employment relationship, he initiates the dismissal. Why, then, in a situation where the employment relationship does not suit the employer, should the employee still express a desire to terminate them? The very formulation of the question is already suggestive, because the main reason for the dismissal of an employee is the desire of the employer to get rid of the objectionable employee. It should also be noted here that getting rid of formal encroachments on your labor relations does not allow solving the main problem - the unwillingness of the employer to continue labor relations with you.

If you are asked to write a letter of resignation of your own free will, then, first of all, the employer wants your employment relationship to end. About why, according to the employer, they should stop exactly at your request, will be discussed below.

As a rule, employers are guided by the following considerations.

1. The employer does not have the right to fire an employee on his own initiative simply because "I want to!". Law, namely art. 81 of the Labor Code of the Russian Federation, contains an exhaustive list of circumstances that give the employer the right to terminate an employment contract with an employee. The circumstances are the following:

1) liquidation of an organization or termination of activity by an individual entrepreneur;
2) reduction in the number or staff of employees of the organization, individual entrepreneur;
3) non-compliance of the employee with the position held or work performed due to insufficient qualifications, confirmed by the results of certification;
4) change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);
5) repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction;
6) a single gross violation of labor duties by an employee:
a) absenteeism, that is, absence from the workplace without good reason during the entire working day (shift), regardless of its (her) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day (shift) );
b) the appearance of an employee at work (at his workplace or on the territory of the organization - the employer or the facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcoholic, narcotic or other toxic intoxication;
c) disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee;
d) committing at the place of work the theft (including small) of another's property, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;
e) a violation by an employee of labor protection requirements established by the labor protection commission or the labor protection commissioner, if this violation entailed grave consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences;
7) the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer;
8) commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;
9) making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its misuse or other damage to the property of the organization;
10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;
11) submission by the employee to the employer of false documents when concluding an employment contract;
12) cases stipulated by the employment contract with the head of the organization, members of the collegial executive body organizations;
13) other cases established by this Code and other federal laws.

Thus, if the employer asks you to quit of your own free will, most likely, he has no legal grounds for terminating the employment relationship. That is why the employer needs your desire, drawn up in writing.

Voluntary dismissal is one of the quickest and easiest. The employee wrote a statement, indicated in it a request to terminate the employment relationship from the date of writing the application, the employer agreed, and that's all - the employment relationship was terminated. Tomorrow, this employee will no longer go to work and will not be an eyesore to disgruntled bosses. In addition, upon dismissal of his own free will, the employee is not entitled to any compensation payments. That is why they are so eager to dismiss “of their own free will” when reducing the number or staff, when, by law, each employee has the right to pay severance pay and maintain average earnings for the period of employment .. Do not forget that if you have passed training at the expense of the employer and signed an appropriate agreement with the condition to work certain period, then upon dismissal of your own free will, you may be charged the cost of training! As you can see, the employer has a great opportunity to save on such dismissal.

The legality of voluntary dismissal is very difficult to challenge in court. In the Resolution of the Plenum Supreme Court RF dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” states that if the plaintiff claims that the employer forced him to file a letter of resignation of his own free will, then this circumstance is subject to verification and the obligation to prove it rests with the employee. It is extremely difficult to obtain such evidence, especially after dismissal, so you need to prepare the evidence base in advance, but more on that below.
Summarizing the above, we can say that the dismissal of an employee "of his own free will" is the cheapest, most convenient and fast way it is guaranteed for the employer to part with the objectionable employee.

What to do if you are forced to resign voluntarily?

There are at least three options:

1. If the conversation with the employer made you think that the job is really worth changing (that is, you really have a desire to terminate the employment relationship), then you should write a statement and quit of your own free will. The rules are as follows.

In accordance with Art. 80 of the Labor Code of the Russian Federation, the employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

In cases where the employee's application for dismissal on his own initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts containing norms labor law, local regulations, conditions collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's application.

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out if another employee is not invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be refused to conclude an employment contract.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.

If the employment contract has not been terminated after the expiration of the term of notice of dismissal and the employee does not insist on dismissal, then the employment contract continues.

2. If you really appreciate your work and would not like to part with it, then, first of all, you should try to talk constructively with the employer in order to find out why the employer is so eager to get rid of you, and whether you can do something with your parties to rectify the situation.

2.1 Most often, pregnant women find themselves in such a situation (who, for some reason, it is customary to get rid of among employers). What can you offer the employer in such a situation?

If the employer is illiterate, then he may believe that a pregnant woman, and subsequently a woman with a child, will lay an additional financial burden on the organization. This is not so, since all benefits for insured women (you are insured if the employer pays UST from your salary, or rather from the wage fund, which includes, among other things, your salary) are paid at the expense of the Social Insurance Fund.

Also, the following motives can move the employer:

- he does not want to look for a replacement for you,
- there are difficulties in finding an employee of your level (in the event that you are such an indispensable specialist, then it makes no sense to get rid of you at all, which the employer should hint about),
Difficulty in training existing employees.

What solution to these problems can you offer the employer?

a) The employer has the right to take another employee for the period of your stay on maternity leave and parental leave, concluding a fixed-term employment contract with him to replace the temporarily absent employee. So that the employer subsequently does not have difficulties with his dismissal, the term of the contract should be specified, for example, “for the period when Ivanova T.M. on parental leave."

b) Your duties can be distributed among other employees with their written consent, with the establishment of appropriate additional payments for them for performing the duties of a temporarily absent employee (the employer has free funds in the form of your salary and can be used to establish additional payments). The possibility of such a distribution is provided for in Art. 60_2 of the Labor Code of the Russian Federation, according to which, in order to fulfill the duties of a temporarily absent employee without exemption from work specified in the employment contract, the employee, with his consent, may be assigned additional work both in another and in the same profession (position). The period during which the employee will perform extra work, its content and volume are established by the employer with the written consent of the employee.

What can you offer the employer for your part? Help find and update a replacement before you go on maternity leave, and possibly promise to supervise her remotely (via phone or internet if your job allows it) until delivery or before you return to work. If the employer chooses the option of assigning additional responsibilities on existing employees, then you can help them get up to speed, leave them as much as possible detailed instructions, your phones or provide another opportunity to contact you to resolve current issues. In general, you have the right to continue working without going on maternity leave at all before giving birth, or to work at home or work part-time. As you can see, there are many options, you just need to find one that will satisfy both you and your employer.

A trade union, if there is one, can be a good mediator in finding a compromise with the employer, so be sure to contact them too.
If, despite all the efforts made, it was not possible to agree with the employer, then further actions depend on whether you are ready for an open confrontation or not.

2.2. If you don’t have the strength to resist the employer, then you should write a letter of resignation of your own free will, having previously prepared for reinstatement at work in judicial order. To do this, stock up on evidence of the "forcedness" of your "voluntary" dismissal. The easiest way is to record your conversation with the employer on a dictaphone. It is important that the dictaphone record recorded threats or other pressure on you from the employer. You can provoke the employer to talk in the presence of colleagues or other persons who will later be able to testify in court (do not rely too much on colleagues, since a rare employee will agree to testify against his employer). Once you have proof, you can apply.

Attention! Hint about the types of liability for late payments wages.

Experience shows that this course of action will most likely not solve your problem. There is a small chance that the employer will understand that it is better not to contact you and leave you alone. However, the most likely scenario is repeated dismissals, continued pressure and other illegal actions.
What happens next depends on your perseverance: how many times you are ready to be reinstated at work in court (keep in mind that real terms consideration of reinstatement cases is from six months to a year).

2.3 If open confrontation does not frighten you, then be prepared for the fact that having lost the opportunity to safely get rid of the employee, the employer will look for other options. As a rule, all the "creative ideas" of employers can be divided into two categories:

- those who pursue their goal, to form in you the desire to quit of your own free will;
- those that give the employer the right to terminate your employment relationship for other reasons. Since all other grounds require the presence of objective circumstances (and we have already said that since the employer needed your application, he has no other legal grounds to dismiss you), these circumstances will be “artificially created”. The only advice that can be given in this situation is not to give the employer, for its part, grounds for dismissal.

3. Quit, but on favorable terms.

Since, as mentioned above, the interest of the employer is not only to get rid of you as an employee, but also to do it as quickly, simply and without conflict as possible, it is possible to bargain for providing the employer with such savings in resources. What can you ask in exchange for your consent to quit? The law does not limit you in anything, the specific result depends only on your ability to negotiate. For example, you can condition your voluntary dismissal:

— payment of severance pay (arbitrary size);
- providing written positive recommendations for subsequent employers;
- providing a certain time for the search new work;
— provision of unused annual leave followed by dismissal
- etc.

Verbal agreements with the employer should not be trusted, therefore, in this case, dismissal should be sought by agreement of the parties. The Labor Code of the Russian Federation very briefly regulates this species dismissal, which gives you the opportunity to include in the termination agreement any conditions that you agree with the employer. If the employer refuses to terminate the employment relationship with you by agreement of the parties, at least do not ask in the letter of resignation of your own free will to terminate the relationship with you before the expiration of the two-week notice period for dismissal. In this case, you will give the employer two weeks to fulfill the agreed conditions (or provide you with guarantees for their fulfillment), but if after two weeks the employer does not fulfill the agreement, you can withdraw your application, which will deprive the employer legal basis Fire you.

Content

The procedure for dismissal from work has been worked out in the legislation to the smallest detail - in most cases, the employee needs to warn the manager by writing a letter of resignation and work for another 2 weeks. The question of how to quit without working off may be relevant for those employees who leave work of their own free will, but due to life circumstances are unable to work for another 2 weeks. For example, this may be due to life circumstances - health status or moving to another area.

Is it possible to quit without working for two weeks

Article 80 of the Labor Code of the Russian Federation analyzes in detail the issues related to the dismissal at the initiative of the employee, and it is precisely here that the need to work out the required two weeks is legally determined. This period begins to count down on the day the director receives the letter of resignation, regardless of when he endorses it and the preparation of the corresponding order begins.

At the same time, for those who are looking for an answer to the question of whether it is necessary to work out 2 weeks upon dismissal, you need to know that this article of the Labor Code of the Russian Federation also states situations when an employment contract must be terminated within the period specified by the employee, or termination of employment by mutual agreement between the employee and the employer on working time.

Deadlines for dismissal in the Labor Code of the Russian Federation

If approached strictly formally, then Art. 80 of the Labor Code of the Russian Federation does not require a 2-week working off, but states the need to warn the manager within this period (so that he can pick up a replacement, etc.). For example, if an employee writes a statement about the termination of employment before going on a 28-day vacation, then immediately after the end of the vacation, he will be dismissed of his own free will without working off. The term is also considered if the employee warns the director while on sick leave - upon presentation then to the personnel department of a disability sheet, the days of illness can be taken into account.

Three days

The legislation of our country provides for situations when you can write a letter of resignation without working off and stop working in an organization after 3 days. This applies when:

• the employee has not yet completed the probationary period (Article 71 of the Labor Code of the Russian Federation);
• the term of the contract concluded with him is less than 2 months (Article 292 of the Labor Code of the Russian Federation);
• the employee was involved in the performance seasonal work(Article 296 of the Labor Code of the Russian Federation).

2 weeks

According to the Labor Code, a two-week period is the period in which you need to warn your boss that you want to change jobs. In this case, the employee needs to work out the required two weeks from the date of writing the application, and receive a calculation and work book from the personnel department in order to get a new job. In fact, the date of dismissal is determined by the management, having agreed with which, you can terminate the employment contract earlier. In this case, it is mandatory to have written evidence an agreement reached (for example, visas on your application).

It is convenient that if the situation changes and the employee changes his mind about leaving, the application can be withdrawn. In the case when the employment relationship is terminated by agreement of the parties or upon dismissal after a vacation, this cannot be done. However, if another person was found in place of the leaving employee who draws up employment documents, then it will not be possible to withdraw the application.

1 month when working in a managerial position

Separately Labor Code The Russian Federation provides for situations when it comes to the dismissal of an executive. Art. 280 states the need for a month's notice from the time the employer received the completed application. Similar requirements apply to coaches and athletes - upon dismissal, they are entitled to work for a month (unless the contract provides for another, usually longer period). In all cases under consideration, this is due to the specifics of labor, which does not allow immediately leaving the previous job.

What are the reasons for quitting without a job?

According to Art. 80 of the Labor Code of the Russian Federation, a mandatory attribute is not working out, but timely notification of the manager about the dismissal by signing an application, and there is no difference whether the employee will work for this period or be on sick leave. Therefore, from a legal point of view, it would be more correct to talk not about how an employee quits without working off, but how to terminate an employment relationship with minimum term warning or no warning at all (for example, for pensioners). As a rule, this is due to the presence of good reasons, to which the legislation includes:

• Admission to an educational institution - a university or secondary school for full-time education, when the study schedule does not allow you to perform normally labor obligations. In this case, supporting documents must be attached to the application.
• Entering a well-deserved rest for those employees who have reached the retirement age, a certain Russian legislation. At the same time, if such an employee of retirement age gets a job again, he loses the right to dismissal without working off.
• According to the decision of the Plenum of the Supreme Court of the Russian Federation on March 7, 2004 No. 2, a good reason, problem solving how to quit without working off is also a new appointment of a spouse with a change of residence - moving to another city or country. In this case, a certificate of transfer of the spouse to another job is attached to the application.

Special circumstances provided by law

Labor legislation considers special situations when an employee can not work for 2 weeks upon dismissal. These are situations like:

• Pregnancy and other family reasons (caring for a sick family member, a disabled child, the presence of three or more minor children) with appropriate documentary evidence.
• Non-compliance/violation by the administration of the company of the norms of the Labor Code of the Russian Federation or local regulations. The situation with a delay in wages for more than 15 days is considered in Art. 142 of the Labor Code of the Russian Federation - in this case, the employee has the right to suspend the performance of his duties. If at the same time he asks for dismissal, and the salary at the enterprise is not paid for another two weeks, then nothing needs to be worked out. The situation is similar in case of violation of the rules of payment for the period of sick leave, transfer of benefits to pregnant women, etc. Arbitrage practice shows that justice in these cases will be on the side of the employee.

How to quit your job without a job

Since this procedure may have several different reasons depending on the situation, the actions of the employee or employer will also be different. This may include:

• minimizing the period until the termination of the employment contract, if the employee needs to quit as soon as possible (for example, if a more attractive job was found);
• reducing the time spent at work (for example, in a conflict with the team, the employee experiences discomfort while in such an environment).

By agreement of the parties

If the parties agree, the employee can be fired without working off two weeks, if the manager is not against such termination of employment and has documented this decision, referring to Article 80 of the Labor Code of the Russian Federation. In many cases, this position will be more convenient for the employee than a two-week working off. However, in this case, it may take some time, because it is necessary to issue an appropriate order, the accounting department to make a calculation, and personnel service fill out a workbook.

Sick leave

Being on sick leave, and having received an appropriate medical opinion about the impossibility of performing previous duties (for example, due to injury), the employee may quit of his own free will. In this case, he provides a disability certificate to the person responsible for maintaining the time sheet in the organization, and can be dismissed immediately upon completion of the sick leave. If the period is less than the statutory 14 days for warning the director, the issue can be resolved by agreement of the parties.

Leave followed by dismissal

According to the law, you can go on another vacation and quit immediately after its completion. These may be situations labor law, when:

• The employee wants to "walk" the days assigned to him and asks for leave, because he has the right to do so.
• The employee, for various reasons (for example, suddenly found a new job), decides to issue an application while already on vacation. In this case, if there are 14 days or more left before the end of the vacation period, he will be dismissed immediately upon leaving the vacation. If this period is longer, then the issue can be resolved by agreement of the parties.

At the initiative of the employer

Article 81 of the Labor Code of the Russian Federation considers situations where dismissal occurs at the initiative of the employer. These reasons can be divided into two groups. The first includes reasons beyond the control of the employee (for example, a reduction in staff, about which he must be warned no later than two months in advance). The second group is connected with the fault of the employee himself and does not provide for working off. This may be due to:

• gross violation labor discipline(truancy, appearing at work in a state of intoxication, disclosing entrusted secrets, accidents due to violation of labor protection rules, committing a property crime);
• repeated non-compliance employment functions without good reason;
• when working with material values ​​- committing an act that undermines trust;
• immoral action of a person performing educational functions.

Sample letter of resignation

In this case, the document is drawn up in the name of the director of the organization in which the employee works. The text is written in free form, but there should be all the necessary information:

• In the header of the document it is written to whom it is intended and from whom, for example, to “Director of Boomerang LLC” Smirnov A.V. from the driver Ivanov A.S.”
• Further, in the center of the line, the name of the document is written - “Statement”.
• Basic part contains a request for dismissal without working off, if necessary, supported by a reference to the law, for example, “I ask you to dismiss me of your own free will without working off (according to Article 80 of the Labor Code of the Russian Federation) from November 1, 2017 due to the transfer of my wife to work in another city (certificate is attached)” .

How to quit without working off - grounds and a sample application, mandatory deadlines for employees and managers