When can you quit. One-day dismissal is possible only with the consent of the employer

The ability of an employee to terminate an employment relationship with an employer at will is guaranteed by Art. 77-78, 80 TK. But on general rule the specialist is obliged to inform the authorities about his intentions 14 days in advance. It is believed that during this period the head of the enterprise will be able to find a new employee without disturbing the labor process.

But the same Art. 80 of the Labor Code states that in special occasions a citizen can terminate cooperation with an employer without any work off. For this, a person must have a good reason:

1. the employee became a student of an educational institution;
2. transition to the status of a pensioner;
3. the employer violated labor law (for example, he delayed the payment wages, but the fact of violation must be documented in the form of an act of the labor inspectorate);
4. other cases.

The labor legislation does not clearly explain what can be included in the list of “other cases”. But as practice shows, such cases include:

1. the need to move to another place of residence;
2. the spouse is transferred to work in another city or country;
3. the results of the medical report indicate that the citizen can no longer work in this production or live in this area (you must present the real medical report to the employer);
4. the dismissal of a citizen is associated with the need to care for a seriously ill relative, a disabled child, a child who has not yet turned 14, as well as a person with 1 disability group;
5. the employment relationship is terminated by the pregnant woman.

Some employees believe that after writing a standard letter of resignation, they can ask the employer to terminate their employment relationship immediately. Such logic is wrong.

If a person has a legal reason not to work for 14 days, he must write a statement in which he indicates the reason for the urgent dismissal. In addition, it is worth providing documents that confirm the basis for early labor agreement. Otherwise, a citizen may earn several absenteeism, and then risk being fired under the article.

If it is necessary to quit without working off two weeks, it is recommended to carefully study all the clauses of the labor and collective agreements, as well as internal labor rules that relate to the issue of termination of the employment contract.

It should be noted that the requirement to work out is not a prerequisite. In Art. 80 of the Labor Code mentioned above, it is said that in case of mutual agreement, the employee can be dismissed on the day the application is submitted.

Dismissal after three days of work

Labor Code identifies several categories of workers who need to work 3 days, not 2 weeks. These workers include:

1. persons who were on probation at the enterprise. In this case, both the employee and his employer can initiate the termination of the employment agreement. In the first case, the employee is required to write a letter of resignation. In the second case, the head of the enterprise issues an order to dismiss a person who has not passed the probationary period. Dismissal due to unsuccessful completion of the probationary period is allowed only if it is prescribed in the employment contract.
2. persons who were employed for a maximum of 2 months. This possibility is provided for in Art. 292 TK. The procedure for notifying the intention to terminate the employment relationship is no different from the previous case.
3. persons employed for seasonal work. This is stated in Art. 127 TK. If an employee wants to quit, then he must inform his superiors of his decision 3 days in advance. If the initiator is the head of the enterprise, then the warning must be made 7 days in advance.

When you are forced to work for two weeks upon dismissal, and you do not belong to one of the groups that can count on early termination of the employment agreement, try to go around workarounds. One of them is the design of a vacation with further dismissal.

Leave a vacation and then quit

If the employee has unused vacation, then he has the legal right to write an application for a vacation, after which he immediately terminates the employment relationship with the employer. In this case, the last day of vacation is recognized as the last day of work, despite the fact that the specialist has actually stopped fulfilling his labor obligations before the start of the holiday. On the final day of work, the citizen is obliged to pay all the due cash payments, and also give work book.

The duration of leave with further dismissal should not be less than 2 weeks. But there is one nuance here: only the employer decides whether to provide his subordinate with leave before direct dismissal or not. A person planning to quit is obliged to indicate in the application the exact date of termination of the employment contract. This approach will avoid a lot of disputes and disagreements.

Sick leave with further dismissal

For labor law, taking sick leave before being fired is fantastic. This method of termination of employment relations is prohibited by law, and in the case of litigation such actions can be regarded as abuse.

But if you really fell ill and issued a temporary disability sheet, then during the sick leave period you can write a letter of resignation. However, such an employee will be able to quit only after the completion of treatment.

The parties agreed to terminate

The easiest way to quit without working 2 weeks is to ask for termination of employment by agreement of the parties. This possibility is provided for in Art. 78 TK.

It is beneficial to choose such a dismissal option, since both parties know exactly what date the dismissal will occur. But the employee needs to take the application very seriously. The standard wording “I ask you to fire me ...” is not correct in this case, because it implies the standard option for terminating the employment agreement, which implies 14 days of work.

In this case, the application must be based on paragraph 1 of Art. 77 TK. As an alternative, you can prepare a proposal to terminate the employment agreement. The proposal states:

1. the basis for the termination of labor relations, recorded in paragraph 1 of Art. 77 TC;
2. the date by which the employer is obliged to provide a written response to the proposal received.

A written response is sent only in the event that disagreements arise between the parties to the employment agreement.

Secrets of the correct application for early dismissal

If a citizen knows that he has the right to be dismissed without working off two weeks, he needs to correctly declare his right. It is done through a written statement, which must contain the following information:

1. the position and full name of the specialist who is authorized to receive such applications;
2. the name of your employer;
3. Full name, as well as the position held by the dismissed employee;
4. the text of the application, which expresses the requirement for dismissal and the reason for early dismissal;
5. at the end, it is required to indicate the date of execution of the application, as well as to put the signature of the applicant.

For the head of the enterprise, one application is not enough to release a specialist without any work off. You will increase the chances of a positive decision from the authorities if you present supporting documents.

If the dismissal occurs by agreement of the parties, then it is worth indicating in the application the details of the relevant agreement.

It is best to make an application on the approved letterhead of the enterprise. But if the company has not developed such a form, then the application can be written on a regular A4 sheet.

Employer objects to dismissal

Often there are cases when the manager does not want to terminate the employment relationship without working off, despite the fact that the employee has a good reason to terminate the employment agreement. On the one hand, you can understand the leader. Sudden departure a specialist disrupts the labor process, because he needs time to find a new good employee.

If the circumstances of the employee do not allow him to work for two weeks, he can go to court with a lawsuit against his employer. But the process of protecting one's rights in this way will take a lot of time, nerves and money from a citizen. It is clear that such a course of development can hardly be called beneficial for the employee. It's easier to work out 14 days already.

But if immediate dismissal is necessary, the employee may try to find a replacement on his own. In most cases, managers are satisfied with this option. With relief, they release the resigning citizen directly on the day of dismissal. But if in this case the employer follows the principle, the only solution to the problem is to go to court with a lawsuit against the head of the enterprise.

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Happy can be considered a person who happily goes to work in the morning and home in the evening. When the morning journey to the place becomes a burden, you need to think about changing the route. It’s good if the old employer agrees to leave kindly and in good as soon as possible. Worse when to new job you need to start tomorrow, and the former boss demands to work out the deadline. AT similar situation you can try to find arguments and convince management to issue a dismissal without working off.

Why is processing needed?

The process of parting with an employer can become very painful, even if it was not preceded by an industrial conflict. Most often, the problem lies precisely in the need to notify the employer within a three-day or two-week period, depending on the terms of the employment contract. And if the matter concerned the dismissal of the head himself, then the working period will be at least a month.

According to tradition, employees perceive the need to stay at the enterprise as a whim of the authorities and a desire to annoy the departing. In fact, during this period, both the management and the specialist himself must do a large amount of very important work:

• prepare cases for transfer;
• complete the started projects or at least some of them;
• the employer will be able to navigate the labor market and select a specialist;
• for some categories of those leaving, in the days remaining before the dismissal, an audit of the work they perform (chief accountants, managers, financially responsible employees) should be carried out.

Sometimes the employer requires the issuance of a so-called bypass sheet, or “slider”, motivating the delay in the calculation with this very fact. From the point of view of the law, an attempt to keep an employee in this way for more than 14 days is a direct violation of the rights of the employee and the norms of the Labor Code of the Russian Federation.

Assess the importance of reasons for quick dismissal, other than those directly listed in Art. 80 of the Labor Code, the employer has the right. If the circumstances are regarded by him incorrectly, protection can be sought in court.

Who has the right to quit without work?

The obligation of a specialist to warn his management of his intention to leave his position and the team is detailed in several articles of the Labor Code of the Russian Federation:

Whatever the period of warning is prescribed in the code, there is also a list of reasons for dismissal without working off and those who have the right to do so. The trouble is that the list of reasons for dismissal without working off is not at all exceptional. In Article 80 of the Labor Code, the legislator listed only some of the circumstances and conditions for the inability to stay at the workplace, so to speak, for example:

• admission to study, and the status of the institution and the form of education are not indicated, which means that the employer is obliged to release the employee to receive education in any institution (subject to the provision of an official certificate from there);
• retirement, at least by age, at least ahead of schedule;
• violation of the rights of the employee, committed through the fault of the employer, both in financial matters and in relation to labor protection;
• other reasons.

To all employees who indicated one of the listed events in the application for dismissal without working off, the employer is obliged to hand over the order, labor and settlement on the day the document is submitted or another date desired by the workers.

Dismissal of one's own free will

A lively discussion and difference of opinion is caused by the paragraph “other cases” in Article 80 of the Labor Code. It is this wording that implies that the respectfulness of the circumstances and the need to urgently leave work in connection with their occurrence, the employee should argue, and the employer should give an objective assessment.

Possible cases

Judicial practice has identified several common cases when it is still better for an employer to meet a specialist who intends to leave and agree to his dismissal on own will without processing:

• pregnancy;
• relocation or transfer of a spouse to another area;
• health problems preventing effective work;
• parents with many children, in whose family there are at least three children under 14 years old;
• employees burdened with close relatives with disabilities who require care for them;
• conscription into the army, including the conclusion of a contract.

An indication in the application of a good reason that allows you to leave without working off will require documentary evidence.

Step-by-step instruction

In order for the separation process to go “without a knot”, you need to follow a simple procedure:

1. Inform the authorized person in writing about your desire to quit and describe the current situation. This must be done in the application form ().
2. Attach copies of available documents to the application. Even if there are none now, but the reason is really out of the ordinary, it is better to try to stock up on them in case of a future check or trial.
3. Submit the application to the employer. This is the most difficult point, as it may meet resistance from the authorities. If neither the manager, nor the secretary, nor the personnel officer wants to put their signature on receipt on the second copy, you should immediately go to the post office or telegraph.
4. If you managed to hand over the documents personally to the boss, then it is advisable to immediately get his visa on your copy. In the case of sending by mail, the day of dismissal will shift to the date the employer actually receives the letter.
5. If the indicated reason is from the list directly listed in Art. 80 of the Labor Code, then having received a visa on its copy, the employee may not go to work the very next day. Consent to dismissal of one's own free will without working off from the authorities is not required.
6. In all other cases, a bold decision to absenteeism will require protection through the state labor inspectorate, the prosecutor's office or the court.
7. It may turn out that the employee will be able to convince the boss of the need for an urgent calculation, then further actions will not differ from those that must be carried out for any dismissal under Art. 80 TK. The employer will be required to issue an order, labor, personal card on the same day. Calculate and issue salary and compensation to the employee. Return his labor and give all the copies and certificates he requested.

The fact that almost all of the listed categories of employees have additional guarantees under the Labor Code of the Russian Federation regarding working conditions, its payment, ensuring optimal conditions for them, maintaining the workplace and granting extraordinary vacations can contribute to success in formalizing dismissal of one's own free will without working off. Most often, the desire to avoid the sad prospect of depending on the needs of "special" employees and prompts the authorities to sign a letter of resignation. The personal desire to quit, received from this category of workers, is perceived, rather, as a successful disposal of problems.

Dismissal without working off at the initiative of the employer

The desire to reduce the time spent at a non-native enterprise may stumble upon the norms of the Labor Code, which are somewhat unexpected for the employee, in which dismissal of one's own free will without working off can sharply turn into an employer's initiative. And then the article in the labor can change from an acceptable 80th to an unpleasant 81st. The employer will not require working off, but the grounds for parting in the order will indicate impartial. So, they will not detain an employee at the enterprise who, during the warning period:

• missed work;
• having already received a penalty, committed another offense;
• during the warning period committed a gross violation of discipline or failure to perform duties;
• allowed himself the use of alcohol in the workplace;
• committed acts that caused damage to the enterprise, about which there are relevant documents (theft, intentional damage, disclosure of information, etc.);
• committed more rare offenses specified in article 81 of the Labor Code, except in cases requiring notification of the employee, as in the case of the reduction or dismissal of a part-time job.

Validity of circumstances for dismissal without working off does not give the right to neglect one's duties. The commission of gross disciplinary offenses in the last working days will allow the employer to issue a dismissal under Art. 81 TK.

Ways to quit without a job

However, one should not assume that in 2019, dismissal without working off is the prerogative of only certain categories of employees or is possible in exceptional circumstances. There are several ways to achieve the goal and at the same time not completely quarrel with the authorities.

Reach an agreement

The most common compromise method is considered to be the method in which the employer and employee find a "golden mean" and agree on the terms of dismissal. A resigning employee can, for example, offer a manager a worthy replacement for a vacant position, thus saving him from having to look for candidates himself.

You can offer the boss the option of simultaneously resigning from the main place and hiring part-time for the period necessary to complete the transfer of cases or prepare the project. The employee will be able to perform his duties in free time. If it is not important for the employer to be present at the workplace from 8 to 17, but the result is important, then such a plan is quite acceptable.

Vacation instead of work

Under favorable circumstances, a vacation schedule can help an employee. If the start of vacation is expected in the coming days or the employer is ready to provide it out of turn, simply at the request of the employee, then you can go for a legal trick. To issue a vacation for 14 or more days, and on the first day write a paper for the calculation. In this case, the request for a vacation will become a kind of replacement for a letter of resignation without working off two weeks. Many employers are skeptical about such antics, but they will no longer be able to interfere with the employee. The fact is that they have no right to withdraw from vacation, Art. 125 TK. Yes, and not to let the authorities go on the rest provided for by the schedule is also limited in tools, art. 124 TK.

In order not to play “cat and mouse” with the authorities, you can go for broke and ask for a vacation with subsequent settlement. This right is granted by the TK. But she also says that in order to avoid working off and replacing it with vacation, the consent of the employer will become a prerequisite. Without his desire to implement such an option is almost impossible. If the employee is in a hurry to leave because he is ready to move to another company, then the new employer must be informed that he is still on vacation at the old place. The fact is that the law does not provide for a person to have two main jobs at once. This means that you can accept an employee who has not been officially dismissed only part-time.

The opportunity to replace the working time with vacation days will appear for the employee only with the consent of the employer, Art. 127 TK.

sick leave

It is not correct to talk about illness as a way to reduce the working time, because in ordinary life the disease does not come according to schedule. But, since ill health has overtaken at such an opportune moment, it must be remembered that the employer has no right to extend the period of work due to disability. But he will be obliged to dismiss the employee on the date indicated by him, since the restriction exists only for the calculation under Article 81 of the Labor Code of the Russian Federation. In addition, the employee is guaranteed to receive all compensation payments and sickness benefits in addition.

Violation by superiors

Unfortunately, management often neglects the rights of employees and neglects their duties to ensure the safety of their workplaces, as well as saves on material and technical equipment. Each of these manifestations can be punished by law. Theoretically, a violation proven and recorded in the inspection report by the regulatory authorities gives the employee the right not to warn about leaving and not to work the prescribed days. In practice, it turns out that it takes too much time to apply to the labor inspectorate, the prosecutor's office or the court. Therefore, a person prefers to find more effective method or reason.

The employer does not agree - we go to court

If none of the papers provided by the employee and the dramatic nature of the circumstances described in the application convinced the authorities that the employee was forced to quit due to further physiological or territorial inability to perform his functions, the court can assess the plausibility and importance of the arguments. It is there that all employees who are confident in their rightness are advised to contact.

The absurdity of the situation lies in the fact that with the obvious slowness of the work of the courts, the term for the consideration of the case will be much longer than two weeks or even a month. While there is no decision (which has entered into force and has gone through the entire path of appeal), the specialist does not have the right to arbitrarily refuse to go to work. In the event of a conflict with the employer, an absenteeism trick can serve as a reason to issue a dismissal under Art. 81 of the Labor Code, with all the ensuing "gifts" in the labor. Only a pregnant woman can afford not to be afraid of such a turn of events.

Going to court for the truth can be regarded as a rational act in a situation where an employee wants not only to prove his right to be fired without working off, but also to punish the employer for all the negative consequences that have occurred for the departing employee. After all, it is no secret that due to the need to stay with the previous employer, a person may not be accepted to a new place, expensive tickets may disappear or additional costs may arise (for example, for a nurse for a patient).

In this case, there is a risk for the employer. If the employee proved in court that the reason in the application was good and he had the right to leave on the day of the appeal, then dismissal for absenteeism will be considered illegal. And this is fraught with the obligation to reinstate the employee, the payment of average earnings for forced absenteeism, as well as compensation for financial losses and moral damage.

Finding the truth in court is not the most difficult task. But when deciding to turn to Themis, it is worth evaluating its future effectiveness. With a sound approach, the employee, most often, tends to think that it is more rational to agree with the boss.

Letter of resignation without work

In the same article 80 of the Labor Code there is a clause that the employer may waive his right and not require working off. To do this, you can sign an agreement with the employee and dismiss him under paragraph 1 of Art. 77 of the Labor Code the next day after writing a letter of resignation without working off.

If you don’t have to wait for consent from the authorities, then you need to justify your demand and correctly state the reason for such an urgent departure in a statement. For a sample, you can take a standard form for dismissal on your own initiative. But only in the text it is imperative to write that the request to dismiss the date of writing the application is dictated by urgent circumstances and supported by relevant documents. Without such a clause, the employer will legitimately expect to meet with the employee daily in the next 14 days.

An employee who wants to quickly quit and not work the remaining two weeks does not always have "iron" arguments in favor of his position. But before looking for ways to deceive or pin the employer to the wall, you should try to negotiate with him humanly. After all, the law does not forbid him to consider as valid even such a reason for an urgent dismissal as an increase in pet. In any case, the agreement of the parties is always preferable to any confrontation, even if the employee has the upper hand in this confrontation.

Lawyer of the Board of Legal Protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other normative documents to regulatory authorities.

Voluntary dismissal without working off does not mean that the employee must actually work for at least two weeks. Frequently asked questions from employees: I wrote a letter of resignation of my own free will, and then went on sick leave. Can an employer force you to quit in one day, not let you work for 2 weeks? On "dismissal in one day" there should be your consent. In accordance with Part 2 of Art. 80 of the Labor Code of the Russian Federation labor contract may also be terminated prior to the expiration of the two-week termination notice BY AGREEMENT between the employee and the employer. Submit an application two weeks before the dismissal and work them out calmly.

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In any case, the desire of the employee is decisive, and the employer has no legitimate reason to interfere with him. The application is written in the name of the head with the wording: “I ask you to dismiss me of your own free will “XX” month in words XXXXX of the year”, the current date and signature. If an employee leaves without working off, he must include in the application the reason for dismissal:

• retirement;
• enrollment in studies;
• moving to another area;
• transfer of a spouse to another place of service / abroad;
• violation of the law, the terms of the employment contract by the employer.

In such cases, the dismissal occurs on the date indicated by the applicant.

If required, a supporting document must be attached to the application (certificate from the institute, transfer order, etc.).

Why you can fire an employee and how to do it right

Login or register » href=»https://hr.superjob.ru/comment/rate/?id=7884&direction=up» class=»masterTooltip ListElementOfCommunityComment_rating_up rating-link r-up» 4 Login or register » href=»https: //hr.superjob.ru/comment/rate/?id=7884&direction=down" class="masterTooltip ListElementOfCommunityComment_rating_down rating-link r-down" 0 Sep 24, 2013, 09:45 Login or register » title="Only registered users can add to favorites" class="masterTooltip g_icolink ListElementOfCommunityComment_fav make-favorite" legally cannot force, but can motivate)) let's say there is a candidate for your place, and there is a risk that he will not wait 2 weeks. Your home lawyer It would seem that it is easier to quit of your own free will .... However, in practice there are many questions and problems.

5 ways to fire an employee without consequences for the company

If according to the documents it turns out “on your own initiative”, then you also need evidence of pressure on you from the employer, which, as always happens, is very difficult to obtain from working employees, and unilateral statements from those dismissed by the court will be perceived worse, since they are persons interested in the outcome of the case. February 21, 2014, 08:33 Well, then I see only one option… file a complaint with the GIT and describe the whole situation there. February 21, 2014, 08:35 Marina, you shouldn't have quit. How to quit without working for 2 weeks Is it possible not to fulfill this condition and how to quit without working for 2 weeks? Rules and obligations of employees The Labor Code of the Russian Federation states that any employee is obliged to notify the employer of his intention to quit of his own free will at least two weeks (14 days) in advance.

How to fire an employee: 10 legal ways

Filing a resignation In this type of dismissal, the employee can file a standard resignation letter. It does not have a fixed form. In a document addressed to the head of the organization, it is enough to indicate the reasons for dismissal. It is advisable to additionally specify the requirement with exact date layoffs.

Also, unlike standard document, you should additionally enter a request for the abolition of mandatory working off. If the employee has one full unpaid vacation, then in the application he can ask for it to be provided for the duration of the work. In this case, the decision remains with the manager, who can approve or ignore the employee’s desire and compensate for the vacation in the form of compensation.
A sample resignation letter is here. Order The order is also not very different from the standard form "T-8", its filling must be done in accordance with the law.

Is it possible to get fired on the same day?

We draw up an agreement on termination of the employment contract After negotiations, having come to a mutually beneficial solution, the parties must fix it in an agreement on termination of the employment contract (see the sample on p. 21). In this document, it is necessary to prescribe the grounds for dismissal (agreement of the parties), the terms, the amount of the severance pay, if there is an agreement on its payment. We advise you to further discuss the fact that the amount of the severance pay is final, and the parties are not subject to change or addition mutual claims do not have to each other. The agreement is drawn up in duplicate, as well as the employment contract.
In the case of large-scale dismissals, we recommend assigning a serial number to the agreements, which is then indicated in the text of the dismissal order in the column “Base document”.

Conditions and legal grounds for dismissal for absenteeism

Does an employer have the right to fire without warning or reason? Tell me, please, can I get compensation, because. I was not warned for 2 weeks and did not agree with me. How to act according to the labor code. Thanks in advance. Moscow and Moscow region Hello, it is not clear on what basis the employer makes such statements.

Can an employer fire an employee in one day?

This must always be kept in mind, since the “unexpected” departure of such an employee is not an excuse for an organization that did not have time to calculate the resigning person in time and give him a work book in his hands. The employer's initiative involves a more complex process of dismissal. If this is a reduction in staff or the liquidation of a company, the procedure is clearly described in the legislation and does not present problems from the point of view of documentary support.

Here the main task is to notify all interested parties in advance in the manner and within the time limits established by the Labor Code of the Russian Federation. When it comes to the dismissal of an employee unilaterally by the organization, here the “freedom” of the employer is clearly limited: one desire is not enough for this. There is a list of grounds for which an employee can be fired, and a special procedure for fixing violations for each of them.

How to fire an employee in one day

Info

If the other party agrees with this proposal, both the termination agreement and the dismissal order must be canceled (see page 28 for a sample). A sample cancellation order, which is drawn up in any form, is given below. Sample application for cancellation of the agreement to the General Director of Vasilek LLC Vasilkov V.V. from the manager of the sales department Romashkina R.R. Dear Vasily Vladimirovich! I ask you to consider the issue of annulment of the agreement dated 15.01.2009 N 4 on termination of the employment contract (dated 16.01.2006 N 2/06) in connection with the possibility of attracting, with my direct participation, new customers interested in purchasing wholesale batches of our company's products.

How to quit one day

Dismissal options Labor legislation provides for 3 options for dismissal:

• at the request of the employee;
• at the initiative of the employer;
• by agreement of the parties.

An employee's own desire is the most common reason for terminating a relationship with an employer:

1. The employee writes a letter of resignation indicating the date.
2. The employer is obliged to satisfy this application.

Difficulties with registration of dismissal at the initiative of the employee, as a rule, do not happen. An exception is issues related to mandatory “working off”. By default, this is 2 weeks that the employee continues to work from the moment the application is submitted. Certain categories of personnel are entitled to a reduced notice period.
Accident on the way to work, etc. If the employee did not receive any sensible explanations or supporting documents (disability certificate, subpoena, protocol of the traffic police, etc.), the misconduct is regarded as a gross violation labor discipline and qualifies under Art. 81 of the Labor Code of the Russian Federation, part 1, paragraph 6, subparagraph "a". This basis will be recorded in the dismissal order and in the work book. The list of documents confirming the legality of such dismissal:

1. Notice of absence from work.
2. Explanatory employee or act of refusal to provide explanations.
3. Order about disciplinary action/ layoffs.

If the employer has violated this procedure, even if he has good reasons to dismiss the truant, the “offended” employee has every chance to recover through the courts.

Why you can fire an employee in one day

The procedure for its execution includes:

1. Identification of the fact of violation.
2. Fixation of a misdemeanor (drawing up an act, protocol, examination, conducting medical examination etc.).
3. Obtaining written explanations from the offending employee.
4. Consideration of the facts of the case.
5. Drawing up a dismissal order in the T-8 form, references to supporting documents (acts, reports, explanatory, court decisions, etc.) are indicated as the basis.
6. Bringing the order to the employee under the signature.
7. Making an entry in the work book indicating the relevant article of the Labor Code of the Russian Federation.

For example, how to dismiss an employee for absenteeism: if a person is absent from work for the whole day or 4 hours in a row, it is necessary to document this fact and prove that the employee was absent without a good reason.

According to Art. 80 of the Labor Code of the Russian Federation, an employee who has applied for dismissal must work for at least two weeks. Does the law provide for dismissal without mandatory work? In what cases might it not be?

Labor Code and dismissal without working off

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

• At your own request - 2 weeks (Article 80 of the Labor Code of the Russian Federation)
• On staff reduction - 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 dismiss the employee earlier, paying compensation for 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 probationary period, then he must warn the employer of dismissal only three days in advance (Article 71 of the Labor Code of the Russian Federation). However, there are other options.

Dismissal on own initiative

Articles 77, 78, 80 of the Labor Code of the Russian Federation give the employee the right to terminate the employment relationship 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 working due to the prevailing 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 like:

• The inability to continue labor activity in connection with enrollment in a university or educational institutions undergraduate and graduate full-time
• An employee's retirement
• 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.

If an employee has applied for a voluntary resignation, which implies working off, and insists on an earlier date of dismissal, allegedly having the right to do so, this will be wrong. When he really has the right not to work out the due time 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 employment, they must be indicated in the application and provide copies of documents proving this (for example, a certificate of enrollment in an institute, a certificate of transfer of a spouse to another locality for service). Otherwise, he can earn absenteeism and be fired under the relevant article.

Carefully read your employment contract - the reasons for leaving without working off can be spelled out in the collective agreement or in the internal labor rules of the organization.

It must be said that the 2-week period of working off specified in Article 80 of the Labor Code of the Russian Federation is not a strict condition, the same article says that if the employer and 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 another agreed date.

Dismissal without working two weeks

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

• On probation - Art. 71 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.

Leave followed by dismissal

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

The duration of the leave 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. When filling out an application for such a vacation, it would be correct for an employee to indicate in the text: “I ask you to provide leave from such and such to such and such a date, followed by dismissal.” The end date of the vacation is prescribed in the application so that in the future there will be no disagreements and disputes over the day of dismissal.

If an employee wrote a letter of resignation on his own initiative, began to work for the prescribed 14 days and issued a disability certificate 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 mandatory payment of this sick leave.

Dismissal one day without working off

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.

In this case, it is necessary to correctly compose the application itself. Writing “I ask you to fire me from such and such a date” is wrong, since it turns out that this is a dismissal at the initiative of the employee, and therefore implies legal working off.

It would be correct to indicate: “I ask you to dismiss me by agreement of the parties (clause 1, article 77 of the Labor Code of the Russian Federation). Or submit not an application, but a proposal to terminate the employment relationship on the same basis from such and such a date with a request to provide a written response to this proposal until 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 departing employee and transfer cases and all calculations with him.

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.

Sample letter of resignation

Instructions: how to quit without working for 2 weeks?

So, you want to quit, but at the same time you don’t want to work out the two weeks required by law (say, you are already waiting for another job, you are planning to leave abroad, or there are other reasons to hurry). 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 management of the enterprise, you have the right to quit at any time. Therefore, if you have a normal relationship with the employer, you can 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 conditions for dismissal can be reduced to two words - "As agreed." You can agree on the terms of dismissal, you can bargain for yourself severance pay, you can discuss other conditions related to the termination of the employment contract

3. For some cases, the law and by-laws make exceptions to the 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 work

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

In the event that the employer does not consider these reasons valid, you have the right to apply to the court or the Federal Labor Inspectorate.

• Moving to another region or city
• The spouse (wife) 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)
• Need to care for a disabled child or other sick family member
• Pregnancy

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

5. Finally, with the consent of the employer, you can combine the period of working with vacation by submitting an application for leave with subsequent dismissal.

Source: trudinspection.ru, 2016.life, topurist.ru

In this article, I will tell you how quit without a two week notice according to the code of the Labor Code of the Russian Federation.

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

○ Labor Code and dismissal without working off.

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

1. At their own request - 2 weeks (Article 80 of the Labor Code of the Russian Federation).
2. On staff reduction - 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 dismiss the employee earlier, paying compensation for 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 notify the employer of dismissal only three days in advance (Article 71 of the Labor Code of the Russian Federation). However, there are other options.

○ Instructions: how to quit without working 2 weeks?

So, you want to quit, but at the same time you don’t want to work out the two weeks required by law (say, you are already waiting for another job, you are planning to leave abroad, or there are other reasons to hurry). 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 management of the enterprise, you have the right to quit at any time. Therefore, if you have a normal relationship with the employer, you can 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 conditions for dismissal can be reduced to two words - "As agreed." You can agree on the terms of dismissal, you can bargain for yourself a severance pay, you can negotiate other conditions related to the termination of the employment contract.
3. For some cases, the law and by-laws make exceptions to the general rules and allow you to demand dismissal on a 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 work.

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

   In the event that the employer does not consider these reasons valid, you have the right to apply to the court or the Federal Labor Inspectorate.

   • Moving to another region or city;
   • The spouse (wife) 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.
4. A resigning employee has the right not to appear at work during working off if he is on sick leave. In this case, days of illness are counted towards working off.
5. Finally, with the consent of the employer, you can combine the period of working with vacation by submitting an application for leave with subsequent dismissal.

I hope you find this information useful.