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How many years must you work after? The procedure for dismissal at your own request. On the last working day, the employee is given

Surely, each of us has had to quit our job at least once in our lives. In most cases, dismissal is a deliberate step for which the employee prepares in advance. However, there are often situations when the decision to dismiss is made hastily. The reasons for this can be very different. The main thing is to know in any situation the correct procedure for dismissal at your own request.

The correct procedure for dismissal can be understood in two aspects: psychological and legal. In this article we will get acquainted with the features of labor law upon dismissal, as well as the rights and responsibilities of the employee.

Employee rights upon dismissal

If an employer insists that an employee submit a voluntary resignation letter, in many cases the employee has the right to challenge the reason for dismissal. The most common situation is dismissal due to staff reduction. In this case, the employee has the following rights:

  • the employee has the right to know about the upcoming layoff no later than two months in advance. The employee must be familiarized with the order on the upcoming reorganization of the enterprise;
  • an employee has the right to receive monetary compensation equal to his average monthly salary if he was not notified of the layoff two months in advance. If the employee was warned later than two months in advance, then the monetary payment is due for the period from the date of dismissal to the end of two months from the date of notification;
  • an employee has the right to challenge dismissal if he: is a pregnant woman; a woman with a child under three years of age; single mother; a woman raising a child under 14 years of age (or a disabled child under 18 years of age);
  • The employee is entitled to severance pay until his next employment. Severance pay is paid no more than two months from the date of dismissal;
  • an employee has the right to challenge dismissal in court if he was fired while on vacation or sick leave.

If an employee resigns of his own free will, he retains the following rights:

  • the right to terminate the employment relationship at any day;
  • the right to receive a work book with the corresponding entry on the day of dismissal;
  • the right to go on vacation before dismissal or to receive compensation for unused vacation;
  • the right to receive paychecks on the last working day.

If an employee’s rights upon dismissal are not respected, he can sue the employer.

Responsibilities of an employee upon dismissal

The procedure for voluntary dismissal includes the following responsibilities of an employee upon dismissal: to notify the manager in writing, as well as to work for fourteen days in the absence of a valid reason that allows dismissal without working off.

Many employees are interested in the questions “Do I need to work off when I quit?” “How much work do you need to do when you quit?” According to the Labor Code, the employee must work for two weeks from the date of notification to the manager. Dismissal without two weeks of service is possible in the following cases:

  • agreeing on the date with the boss (in this case, the date can be any);
  • moving to another city or moving a spouse to another city;
  • for health reasons (relevant document required);
  • in connection with employment for a new job. In this case, it is necessary to submit a certificate from the new place of work, which will indicate the date of employment.

Also, pregnant women and women with children under three years of age can quit without working.

According to Article 80 of the Labor Code, voluntary dismissal occurs at the initiative of the employee due to various reasons: a new offer, relocation or other circumstances. This procedure for terminating a contract is today considered one of the most conflict-free. The reason is that, unlike the case at the initiative of the employer due to absenteeism or layoff, no arguments, special procedure or payment of increased compensation are required. Although the dismissal procedure is simple, it still has its own rules.

Under what article are people fired at their own request?

Article 80 of the Labor Code of the Russian Federation (LC RF), entitled “Termination of an employment contract at the initiative of the employee (at his own request),” discusses in detail the procedure and rules of this procedure. They relate to the reasons, timing of the application and cases of termination of work before the expiration of the notice period. In addition, the article contains information regarding the withdrawal of an application.

The procedure for dismissal at will

Any employee, including a pregnant woman, according to paragraph 3 of Article 77 of the Labor Code of the Russian Federation “General grounds for termination of an employment contract,” has the right to resign on his own initiative due to various circumstances. To do this correctly, it is important to know the specifics and rules for terminating an employment contract. This way, conflicts with the employer and other problems that will delay the process for a long time will not arise.

Terms of dismissal

According to the general rule of Article 80 of the Labor Code of the Russian Federation, an employee must notify the employer of dismissal in writing by submitting an application addressed to him 2 weeks before the expected resignation. This period begins to count the next day after registration of the petition. It is important that the application is registered, otherwise the work period may be delayed. Other rules for dismissing an employee at his own request:

  • the two-week period can be canceled by written agreement between the employee and the employer;
  • the law does not oblige the employee to be at work during these 2 weeks (you can go on vacation or sick leave);
  • the general rule of two weeks of service has exceptions (for a probationary period - 3 days, and for a managerial position - 1 month).

The manager does not have the right to refuse an employee. If this happens, then the employee should know that this is a violation of the law by the employer. Then the application is drawn up in a standard form and sent by mail with acknowledgment of delivery. This way you will know that the employer has received the documents. After 2 weeks you can stop working in the organization. After this period, the employee must be given a work book and a paycheck. Otherwise, he has the right to contact the inspectorate that deals with such illegal situations and labor disputes.

Application for resignation

The first thing an employee must do is submit a resignation letter on his own initiative 2 weeks before leaving. The countdown for this period will begin the next day. The law does not define exact requirements, but it should indicate several important points:

  1. Last name, first name, patronymic and position of the manager, name of the organization.
  2. Last name, first name, patronymic of the applicant, i.e. the employee himself.
  3. The text of the statement itself. Includes a request to dismiss from a position on a certain date (it is better to write, for example, “August 1, and not “from August 1”). If necessary, indicate the reason for termination of the contract.
  4. At the end there is the date of submission of the application, signature and transcript.

Labor legislation allows you to withdraw your request. This is done in the same form as an application for dismissal at the initiative of the employee. The manager has the right to refuse:

  • if the resigning employee’s place has already been replaced by another person who, by law, cannot be denied a job;
  • if the employee went on vacation (he should have withdrawn the application before the start of the vacation).

Reasons for dismissal

According to the Labor Code of the Russian Federation, the following cases are considered valid reasons for preserving an employee’s length of service:

  • reaching retirement age;
  • the need to move;
  • some diseases;
  • beginning of studies at a higher or secondary specialized institution;
  • caring for a sick family member;
  • violation of the employment contract by the employer.

It is not necessary to indicate a reason unless it is the basis for any compensatory monetary payments or the cancellation of the period of compulsory service. In general, you should just write “I ask you to fire me of your own free will.” Additionally, you can indicate the reason - “in connection with retirement.” The formulations of other circumstances are drawn up in the same way.

Order of dismissal

If the application for resignation of one’s own free will does not have a clear sample, then the order on it is drawn up according to the T-8 form established by law. It is published in 2 copies, one of which remains in the accounting department for calculating material payments. An order for voluntary dismissal is issued with certain details, such as:

  • code according to the All-Russian Classifier of Management Activities (OKUD) – 0301006;
  • code according to the All-Russian Classifier of Enterprises and Organizations (OKPO) - it is different for each company;
  • name of company;
  • the text of the order itself;
  • Date of preparation.

Working period

The standard working period is 2 weeks. It starts the day after the application is submitted. But this period is not always maintained. You may not work for 2 weeks if:

  • the employer does not see the need for this;
  • the employee has valid reasons - enrollment in full-time studies, urgent relocation, becoming a pensioner);
  • the employer violated the employment contract;
  • the employee is on sick leave.

Vacation before dismissal

An employee has the right to resign on his own initiative, even during or before vacation. The application in this case is written in the same form. More often it contains the phrase “I ask for leave with subsequent dismissal at your request.” In accordance with Article 127 of the Labor Code of the Russian Federation, the last working day is considered the last day of vacation. In this case, you do not need to work 2 weeks.

List of documents upon dismissal of one's own free will

The employee only needs to submit a letter of resignation. In response, he will be issued official documents from the following list:

  • work book with an entry on the grounds for dismissal issued by the personnel department;
  • certificate 2-NDFL, confirming the amount of income received and withheld personal income tax;
  • certificate of payment of wages for the last 2 calendar years;
  • information about payments and other remunerations, about the insurance experience of the insured employee.

Rights upon dismissal at will

Each party has its own rights. This is an opportunity for the employee to withdraw the application at any time. The employment contract remains in force unless the employee is fired on the last day. The employer has the right to demand that he fully perform his duties up to the point of dismissal. If the manager violates the employment contract, the employee may not work for 2 weeks, but only if he could prove this in court.

Calculation upon dismissal at one's own request

It must be made on the day of dismissal, i.e. the last worker after 2 weeks of work. The final settlement includes payment of all amounts due to the employee. These include:

  • wage;
  • compensation for unused holidays;
  • payments under an employment or collective agreement.

Dismissal on sick leave

An employee can submit an application even if the date of dismissal falls during a period of temporary disability. The employer has no right to change it. After the 2-week period, management makes a calculation and issues an order noting the employee’s absence. You can come for documents and amounts due at any time. The only condition for the dismissal procedure is that temporary disability benefits are assigned within 10 days after the sick leave is granted. It will be paid on the next payday.

On holiday

All calculations in this case and the issuance of a work book in this case are made on the last working day before the vacation. The employee writes a letter of resignation of his own free will under the same conditions. In addition to wages, the employee must be given vacation pay. Compensated payment for unused vacation is already excluded. An employee can receive it if he refuses to be given rest.

After vacation

If an employee has already used vacation and decided to quit after it, then he will have to work 2 weeks on a general basis after writing the application. Payments in this case are the same as when leaving work at any other time. They include wages and benefits under an employment or collective agreement. If the application was submitted before the vacation with a notice of dismissal after it, then the calculation is made on the last working day. Then they issue a work book. If the vacation was provided in advance, then the amount of overpaid vacation pay in the amount of 20% is withheld from the dismissed person.

After sick leave

If an employee cannot continue to work after the end of the period of incapacity, then in the application he refers to this reason and confirms it with documents. In this case, he can be fired on the same day with payment made and the issuance of a work book. The person receives compensation for unused vacation, salary and sick pay.

One day dismissal

If the employee is unable to continue working, the organization is obliged to terminate the contract with him within the period specified in the application. To do this, you need to provide supporting documents, for example, a certificate from a medical institution about illness, from an institute about admission, etc. Writing an application, drawing up an order and familiarizing yourself with it in case of early dismissal takes place in one day. Payment can be made no later than the next day, including salary and compensation payments for vacation.

How to resign of your own free will

It is important for an employee to know that he has the right to resign at his own request, and the employer cannot refuse to accept an application. It is important to do everything according to the instructions so that there are no disagreements. The procedure for resigning correctly includes several steps:

  1. Writing an application. An employee who decides to take such a step must submit an application to the director within a certain time frame, indicating, if necessary, the reason for his departure.
  2. Issuance of an order. After registering the application (you must follow this, and it is better to make a copy for yourself), an order will be generated. It is drawn up in a standard unified form. The employee must familiarize himself with the order and put his signature on it.
  3. Dismissal. The employer makes a corresponding entry in the work book, and the employee signs for it in his personal card. At the same stage, a full calculation is made based on Article 140 of the Labor Code of the Russian Federation.

How to fire an employee at your own request

The employer must sign a letter of resignation. Next, you need to fill out an order in the T-8 form, which you must familiarize the employee with. After this, the HR and accounting department clarifies information about the period worked in the current month, the provision of vacation, sick leave period and other information necessary for calculating compensation. On the day of dismissal, a labor certificate is issued indicating the reason for dismissal and the funds due are paid.

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Very often you can hear the following question: “Do I have to work for two weeks when leaving at my own request?” When a person resigns voluntarily, he must follow the requirements of the law and the rules for dismissal.

The provisions of the contract/employment agreement still remain in force for the parties, like other local documents. This period is not strictly mandatory and fixed in all cases, as situations may vary. However, this is the general period established for dismissal at the initiative of the employee.

It would seem that the person is leaving the workplace himself and why does he need work? There is a reasonable explanation for how much work you need to do when leaving at your own request:

  1. the employee has legitimate time to think things over, because Often the decision to quit is made “on emotions”. Before the expiration of 14 days, the employee can withdraw the application in accordance with Article 80 of the Labor Code of the Russian Federation and continue to work. Exception: the manager has already found a replacement for him and formalized him.
  2. The bosses have time to start looking for a new employee or find a temporary replacement for the employee.

In this case, two-week “work” is a legal practice and a general rule provided for by labor rules, so there are no infringements of rights here. The employee is obliged to work the remaining days, unless otherwise agreed with his superiors.

A two-week period of work upon voluntary dismissal is not the main standard, since you can always agree with the employer on a shorter period or leave the workplace immediately. If the authorities do not make concessions, then general punishment cannot be avoided.

REFERENCE: A letter of resignation is not a “panacea” for violations of labor discipline. If the employee does not want to work the remaining days, he will be immediately dismissed under Art. 81 Labor Code of the Russian Federation. The management classifies such an action as absenteeism.

Is it necessary to work 2 weeks when leaving voluntarily, and more specifically, can the period be changed? The two-week period is just a general working period, but situations vary.

The legislator gives the parties the opportunity to independently agree on a different period of time and period of service upon dismissal at their own request.

In this case, the only important point here is the consent of the authorities. It will decide how many days to work when leaving voluntarily or not to do it at all.

It is noteworthy that there is no such concept as “working off” in the Labor Code. This definition is a kind of “slang” for both resigning employees and “personnel officers”. But how much work you need to do when you quit at your own request is reflected in the law.

According to the legislator, “working off” is just a period of warning to superiors about one’s departure, which can be, according to Article 80, 280 of the Labor Code of the Russian Federation:

  • 3 days;
  • 14 days;
  • month;
  • different period.

Thus, the decision about how many days you need to work when leaving at your own request may depend on various reasons. We'll talk more about this later.

What does the term depend on?

The law provides for all circumstances and life situations that automatically increase or decrease the working period. The general principle of Article 80 of the Labor Code of the Russian Federation does not apply to all employees.

Here we can highlight several reasons that determine how many days you need to work when leaving at your own request:

  • position and status of the employee;
  • working conditions;
  • personal circumstances of the employee;
  • agreement with the employer.

The law also provides for cases when you have to work for more than 2 weeks, but this is possible in strictly limited situations.

Or it may be that whether work is needed upon dismissal of one’s own free will will simply be decided by the manager.

Longer work is de jure provided for the following workers:

  • the head of the organization represented by the General Director, the head of the institution;
  • athlete or coach.

These categories of persons are required to notify the employer of their resignation exactly one month in advance. Accordingly, their working period in this case will be equal to a monthly period. This is not provided for any other employees, but the agreement with management may be different. Is service required upon voluntary dismissal for such employees? Yes, but again, situations and solutions are different.

Perhaps the employee, of his own free will, wants to work in the organization for more than 2 weeks until management finds a replacement for him.

IMPORTANT! Athletes or coaches work for a month upon dismissal, and this is provided that an employment agreement has been concluded with them for a period of more than 4 months.

In other cases, employees are required to work the remaining 14 days according to the general rule. It does not matter who they are by position, specialty, or whether they are part of the management team.

An employee can immediately leave the workplace or the law gives him a minimum time limit for this, but this is possible under certain circumstances. Certain categories of workers must work only 3 days, i.e. This is exactly the amount of time they need to notify management about their departure.

This is permissible if the following reasons exist:

  • dismissal during the probationary period (Article 71 of the Labor Code of the Russian Federation);
  • work under a fixed-term employment agreement concluded for a period of less than 2 months;
  • seasonal performance of labor duties.

Under such circumstances, the working period will be minimal, and management can dismiss the employee on the same day and there is no need for him to appear in the organization.

The employee can immediately leave the workplace without any work.

This will be possible if there are significant legal facts that make it impossible to continue to work.

  • These include (Article 80 of the Labor Code of the Russian Federation):
  • disease;
  • retirement;
  • enrollment in a university or any other educational institution;
  • pregnancy;
  • moving to another city/locality/country or spouse working abroad;
  • caring for a sick child or relative;

other circumstances.

There is no complete list of reasons for immediate resignation from work, because such issues are resolved jointly with the employer.

REFERENCE: If a person practically skipped work or worked for the company for a week at most, then the employment agreement is simply canceled and no payments are made. A work book is issued without any entries. There is no mention of working periods here.

Do I need to work 2 weeks if I quit voluntarily?

As previously stated, a departing employee usually works for the organization for the last 14 days. This is an axiom of the provisions of Art. 80 Labor Code of the Russian Federation.

No one has the right to prevent an employee from making such a decision, because freedom of labor is the main constitutional norm. In order to fully leave work, desire alone is not enough, so it is necessary to draw up an application addressed to the manager with a corresponding request.

The application is drawn up on A4 paper in free form. Most often it is written by hand or typed on a computer. This is not so important, but such a document must be drawn up in accordance with the established principles of office work.

In the upper right corner they write the so-called “header”, where the following data is indicated:

  1. name of the institution;
  2. Full name and position of the manager;
  3. Full name, position of the resigning employee;
  4. contact number.

In the middle of the sheet, the word “Statement” is written, followed by the main text, where the employee briefly states his desire to leave the workplace. There is no need to indicate in detail the reason for leaving or to motivate your actions in any detail. It is enough to write: “I ask you to fire me on March 14, 2017 of your own free will.”

The date must be indicated in the document, which, as a general rule, is counted within 2 weeks after the application is written.

Nevertheless, there are no prohibitions for the employee to write his date, but in this case, the manager can put the following marks on the document: “I do not object / Agreed” or vice versa: “I object, dismiss under Article 80 of the Labor Code of the Russian Federation.” In the second case, this means that the employee will have to work for the remaining 14 days.

IMPORTANT! The phrase “at one’s own request” must be written in such documents, since this is the official reason for leaving and the reason for applying Article 80 of the Labor Code of the Russian Federation, otherwise the management will fire the employee under Article 78 of the Labor Code of the Russian Federation.

At the bottom, after writing the main text, they usually put a date and a signature with a transcript.

If there are reasons to leave your job immediately, then you must attach to your application all medical certificates and other documentary evidence confirming your right to immediate dismissal.

How are days calculated?

And when does work begin upon dismissal of one’s own free will, from what day? The remaining days of work are calculated simply.

If, after writing the application, the employee still needs to be present at work for some time, then the start of his work begins on the next day after the date specified in the document.

Accordingly, if the application indicates the date of writing “January 26, 2017,” then the countdown of the remaining days begins from January 27, 2017.

How long are you supposed to work when leaving at your own request, taking into account holidays and weekends?

It should be remembered that any work is calculated on a calendar basis. This means that the two-week and other established period includes all weekends and holidays.

This is the principle formulated in Article 14 of the Labor Code of the Russian Federation. The remaining days upon dismissal are not transferred anywhere, and their period is not automatically extended. So you can count the days how many to work when leaving at your own request and reduce the actual workers.

IMPORTANT! It is in the interests of an employee who wants to leave the workplace as quickly as possible to submit an application before long holidays. The end date of work is the date that the employee independently indicated in the application, calculating 14 days. For example, if the application is written on March 2, then the last working day is March 17.

If the last day of work falls on a weekend/holiday, then it is automatically transferred to the next weekday in accordance with Article 14 of the Labor Code of the Russian Federation.

It often happens that an employee gets sick at the wrong time. What is specific here? It is worth knowing that days of temporary disability are also included in the remaining period of work, that is, the deadlines are not postponed or extended.

An employee can easily get sick, since nothing threatens him from the law. If an employee quits and goes on annual leave, then Art. 127 Labor Code of the Russian Federation.

Article 127. Exercise of the right to leave upon dismissal of an employee

Upon dismissal, the employee is paid monetary compensation for all unused vacations.

Upon dismissal due to the expiration of the employment contract, leave with subsequent dismissal may be granted even when the vacation time completely or partially extends beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation.

When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his resignation letter before the start date of the leave, unless another employee is invited to take his place by transfer.

This means that the 2-week work period is applicable here in a special way, since in this situation the last working day is the final calendar day of rest.

It turns out that voluntary dismissal with 14 days of work is already included in vacation days. The employee works nominally, but at the same time he is officially on vacation.

In addition, the employee has the right to withdraw his application only immediately before the start of the vacation days, so he will not be able to change his mind after this period.

In the document you need to write something like the following: “I ask you to provide me with annual paid leave from October 25, 2017 for 30 calendar days, followed by dismissal of my own free will.”

In this situation, you will actually have to work only until the start of rest.

This is permissible if the employee has remaining vacation days or his rest time has come according to the schedule. In addition, this provision does not apply if the contract with the employee was terminated for a guilty act (Article 81 of the Labor Code of the Russian Federation).

If an employee simply wants to quit without taking vacation, then he needs to ask management in a statement to pay compensation in cash for the remaining vacation days.

At the very last moment, the management returns the completed work book and pays the employee in full. At this stage he is considered officially dismissed.

In conclusion of the conversation on the topic of whether it is necessary to work for two weeks when leaving voluntarily, it must be said that “working off” the remaining days is not a completely suitable definition for this case. There is no such definition in the law at all.

The employee only warns management about his decision to leave 14 days in advance, as stated in Art. 80 Labor Code of the Russian Federation. However, in everyday life this concept is readily used in informal work environments.

The general period for working the last days is 2 weeks, but this period is not strictly fixed. Legal situations are different, but you can agree with your superiors on any period of time.

One of the key questions that citizens are interested in when terminating an employment contract is to clarify how many days they need to work when leaving at their own request. Many legally significant consequences depend on the determination of the duration of such a period.

The procedure for filing an application for termination of employment at one’s own request

Working out upon dismissal at one's own request is a consequence of the employee sending a statement in which he expresses a desire to stop working at this enterprise. The existence of grounds for making such an application is an inalienable right of every citizen working on the basis of an employment agreement.

The decision to terminate the employment relationship can be made by the employee at any time while working, and he is not required to indicate the reasons for such an action. However, such a situation can provoke extremely negative consequences for the employer:

  • the need to urgently replace a dismissed employee by searching for a new candidate;
  • there is a risk of being left without a qualified employee during a critical period of activity (for example, a control audit or preparation of tax reporting);
  • the presence of an unfinished production process in which the employee played an important role.

In order to protect the interests of the enterprise management and not leave it without the right specialist, the Labor Code of the Russian Federation regulates an important rule that does not allow employees to abuse their right to unhindered dismissal.

After making a decision to terminate employment, the employee is obliged to notify his superiors in a statement, and such a statement must be provided no later than 14 days before the date of the actual statement.

According to the legislator, this period should be enough for the management of the enterprise to complete the labor processes with the participation of the dismissed citizen and find him a qualified replacement in the labor market.

Thus, the procedure for filing an application for termination of employment will consist of the following formalities:

  • the employee makes an independent decision to stop working at the enterprise;
  • an application is drawn up with a specific date of dismissal, which should be no earlier than two weeks from the date of notification to management;
  • over the course of two weeks, the management of the enterprise searches for a new specialist and prepares for dismissal;
  • two weeks after submitting the application, an order to terminate the employment contract is issued at the initiative of the employee.

The presence of a period defined by law during which the employee must continue the working relationship fully allows for the interests of the employee and the enterprise to be respected.

Is it possible to reduce the working period?

The legislation regulates the maximum period of service upon dismissal, but is it necessary for the parties to the labor relationship to comply with it? In this case, further developments depend on the management of the enterprise.

The Labor Code establishes a maximum period of time after which an employee is subject to dismissal, but does not contain any restrictions on reducing this period by agreement of the parties. The initiator of such a proposal can be either the dismissed employee or the administration of the enterprise.

The possibility of establishing a working period of less than two weeks can be exercised at the application stage. If, by prior agreement with management, there is a possibility of termination of employment before the expiration of two weeks, any date may be indicated in the application.

The possibility of exercising such a right depends only on the will of the manager. If an employee arbitrarily indicates an arbitrary date in his application, which will be within a two-week period, the manager has a legal basis to refuse to satisfy such an application.

If in such a situation the employee does not return to work after the date arbitrarily specified by him in the application, the employer has the right to record the fact of absenteeism and initiate the procedure for terminating the employment contract on culpable grounds.

To avoid such problems, the parties to the employment relationship need to strictly follow the law and fix the date of early dismissal only with mutual agreement.

Special reasons for reducing the number of days

The Labor Code of the Russian Federation provides for cases when management has an obligation to reduce the period of two-week work. Such circumstances are specified in Art. 80 Labor Code of the Russian Federation:

  • objective inability to continue working (enrollment in an educational institution, registration of pension rights, etc.);
  • violation by management of legal norms, provisions of internal documents, terms of an employment agreement or collective agreement.

If such facts are established, the employee is obliged to indicate their presence in the application. In this case, the two weeks provided for by law do not need to be worked. At the same time, the contents of the document must indicate the date of termination of employment, which will be determined by the employee himself, without the need to work out any period.

After checking the specified circumstances, the manager is obliged to fulfill the subordinate’s request and dismiss him exactly from the date indicated in the application. Obstruction of such a right will constitute a significant violation of a citizen’s labor rights and will entail holding the company’s officials accountable.

Documents proving the impossibility of continuing work may include a certificate of summons from an educational institution or a certificate of enrollment, a decision to establish an old-age pension, as well as other documents. The legislation does not provide an exhaustive list of such valid grounds, therefore in each specific case they must be confirmed by official documents.

What are the benefits of working off for a dismissed employee?

After submitting a resignation letter, the employer begins to search for a new specialist, however, there is an option in which the dismissed employee will be able to continue working in the same place.

The legislation regulates that within the working period, an employee has the right to withdraw his application and continue working under the same conditions. This right can be exercised taking into account the following features:

  • withdrawal of the application must follow within the two-week period for working out established by the Labor Code of the Russian Federation;
  • withdrawal of the application is possible if another specialist is not invited to replace the employee.

The legal fact of inviting a new specialist must be confirmed by written documents: an offer of employment. In addition, it is necessary to comply with the condition that the invited specialist cannot be refused employment on general grounds.

Revocation of an application must be made in writing and is binding on management. There is no need to do any additional actions with the employment agreement; it will continue to be valid under the same conditions. If by the time of the revocation an order for the upcoming dismissal had already been issued, it is subject to cancellation according to the general rules of office work.

If the employee submitted an application and agreed to work off, after two weeks he has the legal right to stop working. This can only be done after the date specified in the application. Under such circumstances, even if the employer objects to the employee leaving, the fact of absence from work cannot be qualified as absenteeism.

Dismissal is a rather complex procedure, which is accompanied by certain nuances and features. That is why it is necessary to know the rules for registering the dismissal procedure from the very beginning. Otherwise, this is punishable by administrative and criminal penalties.

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Terminating an employment contract is not a complicated procedure. The main thing is to follow certain instructions. And every employee will be able to leave their current job on their own initiative.

Current labor legislation allows a person to leave at his own request at any time. This is regulated by an article of the Labor Code of Russia. Regardless of job responsibilities or duration of employment, a person has the right to terminate the employment relationship.

There are several nuances when completing the dismissal procedure. Current legal acts allow you to resign at any time, the main thing is to notify the employer of your intention in advance.

Current legislation allows you to resign even during vacation or sick leave. The company has no right to retain the employee. All initiatives regarding the desire to resign must be supported by documentary evidence.

Upon dismissal, each employee undertakes to inform about his desire 2 weeks before the planned date of departure. If this is a probationary period or seasonal work, then 3 days in advance. In some exceptional cases, dismissal is possible on the day the application is written. The application, at your own request, must indicate the date of completion of work duties and the date of preparation.

Labor legislation stipulates that it must be in writing. This is regulated by an article of the Labor Code of Russia. If a citizen has not properly warned of his intention, then he cannot be fired. Missing a day of work is considered absenteeism.

There is no standard statement as such.

Each employer submits its own form to fill out. It must include the following information:

  1. request for dismissal;
  2. last name, first name and patronymic;
  3. date of termination of the employment relationship;
  4. information about the company;
  5. the name of the company where the person is employed.

Management does not have the right to refuse an employee if he wants to quit. This is a direct violation of current legislation. The application must be drawn up in a standard form and in writing. If a person cannot provide an application on his own, it is sent by mail. It must be completed with a notification of delivery; this will allow the employee to know exactly when the employer learned about this request.

Definitions

Dismissal is a procedure in which final settlement occurs and all necessary documents, funds and benefits are provided.

An order is a document that accompanies the dismissal procedure; the document is issued on the basis of a resignation letter.

Legislation

The issue is regulated by the following legal acts:

  1. Article 80 of the Labor Code of Russia;

How to notify about your intention to quit

An employee's own initiative is a common reason for terminating an employment relationship. To protect the interests of the organization, the employee is obliged. This period is provided by labor legislation within 2 weeks.

During this time, the employer can find a candidate for the newly opened vacancy.

There are several exceptions to current legislation:

  1. . That is, he must notify the employer three days before the end of his work;
  2. a similar period applies to all workers who perform seasonal work. For example, this is harvesting or clearing the area of ​​ice;
  3. the employer and those employees whose activities are based on a basis that is valid for less than two months can be notified three days in advance;
  4. if this is an athlete, then submit an application one month in advance;
  5. The heads of the organization are also required to submit a resignation letter one month in advance.

Exceptions

The exceptions are:

  1. people who have a medical certificate;
  2. enrolled in full-time studies.

Rules for dismissal at will

The procedure for voluntary dismissal is as follows:

  1. within a specified period of time, the employee submits a resignation request to management. If there are good reasons, then the action is documented;
  2. the working time begins on the next day after submitting the application;
  3. as soon as this time has passed, a corresponding order is issued, where the reasons are argued and a reference to the letter of dismissal is made;
  4. the organization makes the final settlement, where it pays the due wages and payments for unpaid vacation;
  5. the necessary documents are issued. Including a work book, certificate and other documents at the request of the applicant.

After the two-week period, the employer does not have the right to force work obligations to be fulfilled, even if this is an unfinished project.

Documentation

Upon dismissal, the employee is given:

  1. certificate 2-NDFL if necessary.

How long to work when leaving voluntarily

The Labor Code stipulates specific deadlines for dismissal on one’s own initiative. Therefore, before resigning, it is worth turning to the legislative framework of the issue.

Deadlines

Current legislation stipulates the deadlines for notifying the employer in advance of the desire to leave the place of employment. If this obligation is not met, the company has the right to dismiss the employee under the relevant article.

Accordingly, this may negatively affect the labor position in the future. It is possible to reach an agreement with management by agreement of the parties. This will allow you not to work out the required time.

When you don't need to work

Exceptional situations allow you not to work the allotted time. This only applies to situations where the employee is unable, due to circumstances, to fulfill his work obligations. This is also possible if it is impossible to perform duties due to physical disabilities.

A list of such valid reasons can be seen in the Labor Code of Russia:

  1. if a citizen has entered full-time study at a higher or secondary specialized institution;
  2. if there is a violation of labor laws by the employer;
  3. if the employee has reached retirement age;
  4. if there is a child under 14 years of age who is being cared for;
  5. enrollment in a university or any other educational institution;
  6. moving to another area when the spouse is transferred for work to another place;
  7. moving for other reasons;
  8. medical contraindications due to which he is forced to stop working.

Each of the reasons may require documentary evidence of the circumstances. The corresponding article is indicated in the work book.

During vacation

It is possible to resign from your place of employment without working time if you submit an application during or before your vacation. That is, the application can combine the concepts of granting leave with subsequent dismissal.

Thanks to this, the employee does not need to work the allotted time. Dismissal is allowed from vacation. But it is worth remembering that documentation cannot be prepared in one day. Completing the documentation will take some time.

But this allows you not to be at the place of employment during non-working hours. The main thing is to correctly display this in your resignation letter. The application specifies the date of dismissal and end of employment.

It is worth remembering that an employee will have to provide a valid reason for unpaid leave.

The basis is possible only for the following categories of persons:

  1. in the case where a citizen is considered a Veteran of the Great Patriotic War;
  2. if it is a pensioner;
  3. if this is the parent or spouse of an aircraft employee;
  4. widows of law enforcement officers, military personnel;
  5. if you have a disability;
  6. upon marriage or birth of a minor;
  7. if a close relative died;
  8. other reasons.

The employee can specify the period of work

Many citizens think about how long to work when resigning at their own request. When asking this question, it is worth saying that the employee has the right to specify a specific date of dismissal in the application.