Dismissal from work with 14 days of service. Taking into account weekends and holidays when calculating the working period

A person can be considered happy who is happy goes in the morning to work and home in the evening. When the morning journey to your destination becomes a burden, you need to think about changing the route. It’s good if the old employer agrees to part ways amicably and in good faith. as soon as possible. It's worse when new job I need to start tomorrow, but my previous boss demands that I work the allotted time. In such a situation, you can try to find arguments and convince management to formalize dismissal without work.

Why is work needed?

The process of parting with an employer can be 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 three days or two week period, depending on the terms of the employment contract. And if the matter concerns the dismissal of the manager himself, then the working period will be at least a month.

Workers, traditionally, perceive the need to stay at the enterprise as a whim of their superiors and a desire to annoy the person leaving. In fact, during this period both management and the specialist himself must do a large amount of very important work:

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

Sometimes the employer demands to issue a so-called bypass sheet, or “slider”, motivating the delay in the calculation for this reason. From the point of view of the law, an attempt to retain an employee in this way for more than 14 days is a direct violation of the employee’s rights 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 assessed incorrectly by him, protection can be sought in court.

Who has the right to quit without working?

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

Employee category	Notice period	Article TC
Employees whose employment contracts are concluded for an indefinite period	14 days	80
Fixed-term contracts for a period longer than a couple of months	14 days	80
Seasonal workers	3 days
Temporary specialists hired for a period of up to 2 months	3 days
Trainees undergoing probation	3 days
Heads of the organization	30 days

Whatever the warning period is prescribed in the code, there is also a list of reasons for dismissal without service and those who have the right to do so. The trouble is that the list of reasons for dismissal without work 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 remain at work, so to speak, for example:

admission to study, and the status of the institution and the form of study are not indicated, which means that the employer is obliged to release the employee to receive education at any institution (subject to the provision of an official certificate from there);
retirement, either due to age or early;
violation of the rights of an employee committed through the fault of the employer, as 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 payroll on the day the document is submitted or another date desired by the workers.

Dismissal of one's own free will without work

The clause “other cases” in Article 80 of the Labor Code causes lively discussion and differences of opinion. It is this formulation that implies that the validity of the circumstances and the need to urgently leave work in connection with their occurrence must be argued by the employee, and the employer must give an objective assessment.

Possible cases

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

pregnancy;
relocation or transfer of a spouse to another area;
health problems that interfere with effective work;
parents with many children those whose family has at least three children under 14 years of age;
employees who have close relatives with disabilities and require care for them;
conscription into the army, including the conclusion of a contract.

Indication in the application of a valid reason allowing you to leave without working time will require documentary evidence.

Step-by-step instruction

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

Inform the authorized person in writing of your desire to resign and describe the current situation. This must be done in the application form ().
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 inspection or trial.
Submit the application to the employer. This is the most difficult point, since it may encounter resistance from superiors. 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 office.
If you managed to hand over the documents to your boss personally, then it is advisable to immediately receive his visa on your copy. In a situation with mailing, the day of dismissal will shift to the date the employer actually receives the letter.
If the specified reason is from the list directly listed in Art. 80 of the Labor Code, then having received a copy of the visa, the employee may not go to work the very next day. Consent to dismissal at your own request without work will not be required from your superiors.
In all other cases bold decision failure to leave will require protection through the state labor inspectorate, the prosecutor's office or the court.
It may happen that the employee will be able to convince the boss of the need for urgent payment, 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, employment, and personal card on the same day. Calculate and issue wages and compensation to the employee. Return the work report to him and give all the copies and certificates he requested.

Success in registering voluntary dismissal without work can be facilitated by 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, remuneration, and security optimal conditions for them, maintaining their jobs and providing extraordinary leaves. Most often, the desire to avoid the sad prospect of depending on the needs of “special” employees prompts management to sign a letter of resignation. The personal desire to quit received from this category of employees is perceived, rather, as a successful release from problems.

Dismissal without service at the initiative of the employer

The desire to reduce the time spent at an enterprise that has become non-family may come across somewhat unexpected Labor Code norms for the employee, in which dismissal of one’s own free will without working off can abruptly turn into an initiative of the employer. And then the article in the labor report may change from the acceptable 80th to the unpleasant 81st. The employer will not require work, but the order will indicate unflattering grounds for separation. Thus, they will not detain an employee at the enterprise who, during the warning period:

skipped work;
having already received a penalty, he committed another offense;
during the warning period committed a gross violation of discipline or failure to fulfill duties;
allowed himself to drink alcohol at work;
committed acts that caused damage to the enterprise, for 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 for cases requiring notification of the employee, as in the case of reduction or dismissal of a part-time worker.

The justifiability of the circumstances for dismissal without service does not give the right to neglect one’s duties. Committing gross disciplinary offenses in the last working days will allow the employer to formalize dismissal under Art. 81 TK.

Ways to quit without working

However, one should not assume that in 2019, dismissal without service is the prerogative of only certain categories of employees or is possible in exceptional circumstances. There are several ways to achieve your goal without completely falling out with your boss.

Reach an agreement

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

You can offer the boss the option of simultaneous dismissal from the main position and a part-time appointment for the period necessary to complete the transfer of affairs or prepare the project. The employee will be able to perform his duties in free time. If for the employer it is not important to be present at the workplace from 8 am to 5 pm, but the result is important, then such a plan is quite acceptable.

Vacation instead of work

Under favorable circumstances, a vacation schedule can help the 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 use a legal trick. Take a vacation for 14 days or more, and write a settlement paper on the first day. In this case, the request for leave will become a kind of replacement for an application for dismissal without working for two weeks. Many employers are skeptical about such antics, but they will no longer be able to prevent the employee. The fact is that they do not have the right to recall from vacation, Art. 125 TK. And the bosses are also limited in their tools not to let them go on a scheduled vacation, Art. 124 TK.

In order not to play “cat and mouse” with your bosses, you can go all-in and ask for leave with subsequent payment. This right is given by the TC. But she also says that in order to avoid working off and replace it with vacation, the employer’s consent will be a prerequisite. Without his desire, it is almost impossible to implement such an option. If an employee is in a hurry to leave because he is ready to move to another company, then the new employer needs to be informed that he is still on vacation at his old place. The fact is that the law does not provide for a person to have two main jobs at once. This means that an employee who has not been officially fired can only be hired on a part-time basis.

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

Sick leave

Talking about illness as a way to reduce working time is a little incorrect, since in ordinary life illness does not come on schedule. But, since ill health has struck at such an opportune moment, you need to remember that the employer does not have the right to extend the period of work due to incapacity. But he will be obliged to dismiss the employee on the date specified by him, since the restriction exists only for calculations under Article 81 of the Labor Code of the Russian Federation. In addition, the employee is guaranteed to receive all compensation payments and social benefits for sickness in addition.

Violation by superiors

Unfortunately, management often neglects the rights of employees and is negligent in their responsibilities to ensure the safety of their workplaces, as well as skimping on material and technical equipment. Each of such manifestations can be punished by law. Theoretically, a violation proven and recorded in the inspection report by regulatory authorities gives the employee the right not to notify about leaving and not to work off allotted days. In practice, it turns out that it takes too much time to contact the labor inspectorate, prosecutor's office or 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 circumstances described in the application convinced the management that the employee was forced to resign due to further physiological or territorial inability to perform his functions, the court can assess the credibility and importance of the arguments. This is where all employees who are confident that they are right are advised to go.

The absurdity of the situation is that, given the obvious slowness of the courts, the period for consideration of the case will be much longer than two weeks or even a month. Until there is a decision (that has entered into force and gone through the entire appeal process), a specialist has no right to willfully refuse to go to work. In the event of a conflict with the employer, failure to show up may serve as a reason to file for dismissal under Art. 81 Labor Code, with all the ensuing “gifts” in labor. Only a pregnant woman can allow herself 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 dismissal without work, but also to get the employer punished for everything that has happened to the departing employee. Negative consequences. It is no secret that, due to the need to stay with the previous employer, a person may not be able to get hired at a new place, expensive tickets may go to waste, or the need for additional expenses will arise (for example, for a nurse for a sick person).

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

Achieving the truth in court is not the most difficult task. But when deciding to contact Themis, it is worth assessing its future effectiveness. With a sound approach, the employee is most often inclined to think that it is more rational to reach an agreement with the boss.

Application for dismissal without work

In the same Article 80 of the Labor Code there is a clause that the employer can waive his right and not require work. To do this, you can sign an agreement with the employee and dismiss him under clause 1 of Art. 77 Labor Code the day after writing an application for dismissal without service.

If you cannot wait for consent from your superiors, then you need to justify your demand and correctly state the reason for such an urgent departure in the application. You can take the standard form for dismissal on your own initiative as a sample. But it is absolutely necessary to write in the text that the request to dismiss by 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 every day for the next 14 days.

An employee who wants to quit quickly and not work the remaining two weeks does not always have “iron” arguments in favor of his position. But before you look for ways to deceive or push your employer to the wall, you should try to come to an agreement with him on a humane basis. After all, the law does not prohibit him from considering as valid even such a reason for urgent dismissal as an increase in pet. In any case, an agreement between the parties is always preferable to any confrontation, even if the employee has the upper hand in this confrontation.

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

Life does not stand still, and sometimes a person has a desire to leave his current job, or, simply put, to quit. The desire is completely legal, and it is comprehensively regulated by the current Labor Code (LC) of the Russian Federation.

As part 1 of Article 80 of the Labor Code of the Russian Federation interprets, an employee intending to quit must inform management about this 2 weeks before the planned event. This period is provided for in the legislation in the interests of both the employer and the employee himself:

the employer will look for a replacement for the vacated workplace; in this case, it must meet within 14 days, which are counted from the date following the date of submission of the application;
the employee is allowed to change his intention, and is given 2 weeks to think about it; During this time, he has the right to stop the dismissal process and remain working in his previous place.

It often happens that hesitations are discarded; moreover, a person does not want to wait the required 14 days. For quick relief from job responsibilities there are several ways.

Most convenient way quit quickly - negotiate with your superiors so that they accept the dismissal option that suits the employee. After all, the manager is not obliged to demand two-week work, this is only his right: as Article 77 indicates, the employment contract can be terminated at any time.

Therefore, if there is no harm to the work process, then the employee is released on the day he indicates, albeit the next after submitting the application.

In this case, there is no need to change the wording of the grounds for dismissal “at the initiative of the employee”; he is simply fired before 14 days have expired. To avoid misunderstandings, it is advisable to draw up a written document indicating the agreed working period. The only limitation is that it cannot be more than 14 days.

You can also quit quickly, but with a different wording - “by agreement of the parties.” It has recently gained a certain popularity because it is convenient for both the employer and the employee:

gives the right to avoid working off;
allows you to provide for additional payments, or, conversely, avoid them;
the application cannot be canceled by either party; mutual consent is required. In contrast to dismissal “at will,” when an employee can unilaterally change his mind about leaving. Such a change of intentions can be extremely inconvenient for the manager.

Dismissal “at one’s own request” without working off

But you don’t have to rely on the good will of your superiors, but take advantage of the rights that the Labor Code of the Russian Federation gives citizens.

It lists the reasons for termination of cooperation, which allow you not to work for 2 weeks. Here, the manager’s opinion does not play a role, and the employee is dismissed immediately after submitting the application.

The conditions that allow you to leave without working time are supported by relevant documents; they must be attached to the resignation letter.

Here is a list of reasons that cancel 2 weeks of work.

Part-time workers and disabled people are exempt from working. There is no need for additional documents; the personnel officers have them.
A single mother with a child under 14 years of age, or a woman in whose care there is a child (or relative) with a disability, or a pregnant woman, are dismissed without work.
A woman who has a child under 3 years of age, regardless of her marital status, has the right not to work for 2 weeks upon dismissal. Parents with many children, with 3 or more children under 16 years of age, also enjoy this right.
If you have signed a seasonal contract or any other contract for 2 months, or are on a probationary period, then you are required to notify of your intention to quit 3 days before the expected date. In this case, the work lasts no more than 3 days.

Depending on the circumstances in which an ordinary person may find himself, it is possible to dismiss him without working off. This includes the following cases.

Conscription into the army, election to a public office, enrollment in a university or secondary school as an inpatient (a summons, a call to study or other documents are presented).
Health problems that interfere with the performance of work duties, or an unsuitable climate. Here, supporting documents are provided by medicine.
Change of place of residence, business trip of the spouse to the place of duty, including abroad.
If the reason for dismissal was documented established violation legislation on the part of the employer, then there is no question of working off.

The approach towards pensioners is the same as for other citizens. There is only one moment when they are given the right to resign without working: this is retirement itself.

Let's assume that a person works in an enterprise or is hired individual entrepreneur, and at a certain point reaches retirement age. Here he has the right to both resign and continue to work. He can resign later, at any time convenient for him. It must be remembered that the manager does not have the right to initiate his dismissal.

If in the end the employee decides to switch to pension provision, then he writes a letter of resignation “in connection with retirement.” IN general case, in accordance with Art. 80 of the Labor Code of the Russian Federation, it is not necessary to indicate the reason, but now it is in the interests of the employee: he receives a benefit in the form of the right to leave without working.

You can resign “due to retirement” once in your life, on your first dismissal after reaching retirement age.

If after some time the pensioner gets a job again, then he will resign on a general basis: if the usual statement “of his own free will” is written. If it contains an indication that the author is a working pensioner, then the duration of work is reduced from 2 weeks to 3 days.

How to avoid being present at work for two weeks during the working period?

This opportunity is provided by Art. 127 of the Labor Code of the Russian Federation, regulating the provision of leave.

An employee planning to quit writes an application for leave with subsequent dismissal. He leaves work on the day he needs, and his work is counted as vacation days, including unused ones.

You can do the same when going on sick leave, followed by termination of cooperation. Only in this case, in addition to the application, you must provide a sick leave certificate.

All these options are possible only with the consent of management. The employer is not obliged to accommodate the resigning employee halfway. He can show goodwill, and only if it does not harm the production process.

Features of dismissal of hired employees of individual entrepreneurs

The Labor Code of the Russian Federation regulates the relationship between individual entrepreneurs and employees in the same interpretation as in the general case. In essence, individual entrepreneurs are the same participants in civil law relations as commercial companies and have the same status as an employer.

The basis of the relationship with employees is the contract. Specific grounds for dismissal may be included in it; Art. 307 Labor Code of the Russian Federation.

Thus, the basis for termination of the contract may be the achievement of retirement age by the employee, or another event. By signing the contract, the employee undertakes to recognize the legality of such clause and agree to its implementation.

Notice periods for dismissal may also be specified in the text of the contract. If this is not done, then the individual entrepreneur is guided by the relevant provisions of the Labor Code of the Russian Federation. An employee does the same if he decides to quit – he notifies the employer 2 weeks in advance. If the job is seasonal, or the contract period does not exceed 2 months, then you can quit 3 days after submitting your application.

Dismissal at will is a wide field for interaction between employee and employer. There are many nuances here, which in most cases are regulated by law. Judicial experience, for its part, clarifies many controversial situations that arise every now and then in practice.

Upon joining labor Relations both parties need to show foresight and knowledge of the laws. This will save workers from losses, and employers from fines and sanctions.

There is a widespread belief that after a person has written a letter of resignation, he must work for another 2 weeks. Technically this is not entirely true. According to the Labor Code, the employee must notify his supervisor of his intention to resign no later than two weeks in advance before you leave. All working days after this point can actually be considered working off.

Of course, this rule does not always apply. For example, it can be canceled if the employer violated the terms of the employment contract, or if the employee and the employer themselves reached an oral agreement regarding dismissal (according to Article 80 of the Labor Code of the Russian Federation).

Important: It is not at all important that the employee actually goes to work during these 2 weeks. He can, for example, go on sick leave for the entire period and not work after that.

A resignation letter is considered a document in which the employee officially informs his superiors of his desire to resign for one reason or another. There are certain rules for its design, which will be described below.

How to compose it correctly?

There is no single form for this type of statement. The legislative acts say nothing about exactly how such a document should look, however, there are several generally accepted rules regarding exactly how and on what date a resignation letter should be written.

The document is written by hand and in writing. However, many employers are willing to accept computer-typed documents, depending on the company.
The application is written in the name of the employer. It is worth noting that the recipient should not be the head of the company’s structural department, namely CEO or his authorized representative. Information about the employer is indicated in the upper right corner of the document.
The header should also contain the following information:
- position held by the employer;
- company name (written down with legal wording);
- first name, last name, patronymic and position of the employee who wishes to resign;
- name of the structural department where the applicant works
When the header is filled out, you need to write the word “application” in the center of the page and go directly to the main part of the document. It states:
- the date the employee wants to stop working;
- the reason why the employee quits;
- the employee’s desire to take vacation time that has not been used previously (if he has such an opportunity);
- the number of the employment contract that the employee wants to terminate, as well as the date on which this contract was concluded;
- date and signature.

The document itself must be transferred to the personnel department or personally into the hands of the recipient. In both cases It’s better to make two copies - this will ensure a greater level of reliability.

From what day is work counted after the application is written? An important nuance is a countdown of 14 days. On this basis, a huge number of conflicts occur between employees and employers. 2 weeks after submitting the application, the resigned employee may not return to work. The countdown begins the day after the document was delivered to the recipient. Days are counted according to a simple principle - taking into account all weekends and holidays.

Important: the date indicated in the application and the date of submission of this document must match. Otherwise, the employer can interpret the discrepancy in its favor and start counting from a later date.

It is also worth noting that an employee has the right to write a statement while on vacation or on sick leave, and after two weeks you simply don’t go to work. At the same time, he must receive from the employer all the compensation required in this situation. Otherwise, such an act by the authorities can be appealed in court.

In certain cases, an employee may quit earlier than 2 weeks after writing the application. These cases are described in Article 80 of the Labor Code. For example, if the employee is on a probationary period, the period is reduced from two weeks to three days.

Can an employer keep an employee longer?

The answer to this question is simple: it cannot. If such a situation was not specified in employment contract, then after 14 days from the date of submission of the application, the employee may simply not go to work.

Moreover, according to Article 14 Labor Code The last working day is considered the last weekday of these two weeks. For example, it could be Friday, provided that the two-week period ends on Sunday.

Article 14 of the Labor Code of the Russian Federation. Calculation of deadlines

The course of time periods with which this Code relates the occurrence labor rights and obligations, begins from the calendar date that determines the beginning of the occurrence of these rights and obligations.

The period of time with which this Code relates to the termination of labor rights and obligations begins the next day after the calendar date that determines the end of the employment relationship.

Terms calculated in years, months, weeks expire on the corresponding date last year, month or week period. The period calculated in calendar weeks or days also includes non-working days.

If the last day of the period falls on a non-working day, then the end of the period is considered to be the next working day following it.

Video on the topic

Form and registration of resignation letter:

Conclusion

As practice shows, both the employee and the employer experience much less difficulties if the dismissal procedure is agreed upon by them contractually.

The presence of an official place of employment, under certain circumstances, can become an obstacle for an employee to the implementation of new ideas and plans, and the implementation of urgent matters. Hoping for the possibility of immediate departure, the specialist wonders whether it is necessary to work 2 weeks upon dismissal. The answer depends on the existing relationship with management, the characteristics of the employee’s situation and the nature of the reasons forcing him to hastily leave his “familiar” place.

Current regulations do not introduce the term “mandatory 2-week work upon dismissal.” Article 80 of the Labor Code of the Russian Federation states that an employee who wishes to end the relationship with the employer must notify of his intention no later than 14 days before the planned departure.

The specialist needs to write a statement that clearly and unambiguously states his intention to leave the company, the exact date when he plans to do this. The designation of specific deadlines is necessary: the law does not say that the document is written exactly in two weeks, it can be prepared in a month or a year.

A two-week work period exists for citizens who resign on their own initiative. This period is given to the employer to find a replacement for the departing specialist. The employee himself gets time to think: if a successor is not found in his place, he has the right to withdraw his application and remain in the organization.

The law on working 2 weeks upon dismissal does not apply to situations where a person is removed on the initiative of the administration. Such cases do not imply the need to obtain a written statement from a specialist.

Situations where there is no need to work out include the following:

a person is dismissed for a disciplinary violation, on culpable grounds;
dismissal is formalized by agreement of the parties;
an employee leaves the organization due to staff reduction or liquidation (bankruptcy) of a legal entity;
the person belongs to the category of persons who are not required to notify the employer of leaving two weeks in advance.

Working 14 days is not provided for citizens who go on vacation or sick leave with subsequent dismissal. The law does not stipulate the requirement to actually be on duty for a two-week period; it only stipulates the need to notify the administration in advance of your intention.

During the work period, the specialist can contact management at any day to withdraw the application. The administration has no right to deny him this desire. The only exception is if a new specialist is found for the vacated position and has given written consent to begin work.

Reasons for voluntary dismissal

For whom is the three-day work period established?

The regulations mention categories of persons who have the right to quit without working for two weeks. They need to notify the employer of their intention to say goodbye three days in advance. This rule applies to persons undergoing a probationary period in an organization (according to Article 71 of the Labor Code of the Russian Federation).

The essence of the “trial” three-month period is to give the parties an opportunity to get to know each other better and decide on the advisability of further cooperation. If an employee realizes that a particular place of employment is not suitable for him, he can say goodbye to the company within three days. The administration's demands to work for two weeks will be, by definition, illegal.

The right to warn the employer three days before the expected severance of relations applies to persons working under a seasonal and temporary contract issued for a period of two months or less (according to Articles 292, 296 of the Labor Code of the Russian Federation).

Do I need to work for two weeks upon dismissal?

According to the provisions of the current legislation, the requirement of two-week work is a right, and not an obligation, of the employing company. The Labor Code of the Russian Federation provides for situations when a specialist can leave the company at a time convenient for him. The following options exist:

Voluntary agreement of the parties

An employee who urgently needs to leave the organization can go to management and discuss his plans. According to Art. 77 of the Labor Code of the Russian Federation, an employment contract can be terminated at any time agreed upon by the parties.

This option is optimal for small employees commercial structures, which are not faced with the task of performing a predetermined amount of work. If you have access to a top decision-making manager, it makes sense to talk directly, talk about the reasons for dismissal and the problems that have arisen. It is likely that management will listen to the arguments and approve the date chosen by the specialist.

An application for dismissal without working for two weeks is written with the date of termination of the employment relationship, agreed upon with the administration. If an employee decides to act without permission and shorten his period of service without the permission of management, he has the right not to sign the paper.

Important! Absenteeism on the days required by law without the approval of the administration is regarded as absenteeism. A person who has shown self-will has the right to be fired not of his own free will, but on the basis of guilt. This is a stain on his official reputation.

Indication of the impossibility of continuing work due to extenuating circumstances

The legislation calls the following objective circumstances valid:

deterioration of the specialist’s health, the presence of medical indications that do not allow him to continue serving;
situations that entail the need to leave a specific region due to medical recommendations, migration to another country or subject of the Russian Federation;
reaching retirement age;
presence of children under 14 years of age in the family;
the fact of having many children (from three children in a family up to 16 years old and up to 18 if they are studying full-time);
the need to care for an immediate family member with a serious illness or disability;
admission to full-time study at a university;
transfer of a spouse to serve in another region or another country.

By general rule Pregnant women are exempt from the need to work.

How to leave without working 2 weeks if there are special circumstances? A valid reason must be documented. For example, provide the employer with a certificate of large families or disability of a family member, medical testimony, papers on admission to a university, on the transfer of a spouse to another locality, etc.

Important! The law does not limit the list of personal circumstances that make it possible to avoid service upon dismissal. The employee’s main task is to prove the need for urgent termination with documentation.

The employer's administration reviews the papers submitted by the specialist and, if there are no questions or doubts about their authenticity, gives the go-ahead for dismissal on the selected date.

Indication of the impossibility of continuing work due to the employer’s violation of previously accepted obligations

An employee has the right to leave the company at any convenient date if he proves that management violated his rights provided for by current legislation, local regulations or collective agreements.

It is necessary to collect documents and other evidence indicating, for example, that the specialist was detained wages, did not transfer vacation pay in a timely manner, were regularly required to work overtime without proper pay, etc.

If, after considering the evidence, the administration considers it convincing and serious, it will answer the question whether it is possible to quit without working for two weeks, positively.

The use of special “tools”: vacation and sick leave

If the medical diagnosis does not allow a specialist to conduct labor activity further, he may receive a certificate of incapacity for work and not go to work. The period of illness is included in the work off.

Vacation is a more thorny path. If the intention to go on vacation is expressed simultaneously with a story about plans to quit, the administration has the right to answer the first point negatively, especially if the vacation is not indicated in the schedule approved by the company on an annual basis.

If an employee tried legal options to leave without working for 2 weeks, but received a refusal from management, he has the right to defend his rights in court. This method of influence has significant drawback–duration. Disputes between employer and employee can take months to resolve. If you want to leave the company quickly, it is better to look for peaceful ways to resolve the issue.

How is the working period calculated?

As a general rule, the terms of service begin not from the moment the application is written, but from the date the management familiarizes itself with it. The difference in timing occurs when a specialist sends a document via postal services or telegram.

To avoid disputes and conflicts, it is recommended to prepare the application in two copies. One remains in the personnel service of the enterprise and is subject to mandatory registration, the second remains with the employee with the signature of the manager confirming the fact of familiarization with the document.

Working 2 weeks after dismissal is considered as follows: 14 calendar days are added to the date of receipt of the application by the administration. Holidays, weekends, sick leave, vacations and time off are not deducted from the specified period.

On the last working day, the specialist is not relieved from performing official duties. In addition, he must complete matters related to the termination of employment relations: familiarize himself with the dismissal order, receive personnel documents and settlement money.

Is it necessary to work two weeks upon dismissal? The answer depends on the existence of objective circumstances and the relationship of the parties. The employer has the right to reduce the terms if appropriate agreements are reached between him and the employee. If the specialist has legal right leave the company without work, the administration has no right to interfere with his decision.

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Few employees are surprised by the need to work off when they are fired. But disputes often arise with the calculation of the last day of work. Find out how to correctly calculate working hours, taking into account weekends and holidays, and from what date to start and end the countdown.

Read our article:

Dismissal with 2 weeks of work: how to calculate

Issues related to termination of the contract are regulated by Art. 80 Labor Code of the Russian Federation. Working off a resigning employee depends only on the wishes of the employer; the period may vary, but should not exceed two weeks.

A reduced period is established for a person. It is only 3 calendar days (Article 71 of the Labor Code of the Russian Federation). And employees resigning due to retirement or enrollment in educational institution, can leave on the day of filing the application (Article 80 of the Labor Code of the Russian Federation). Please note that in this case, the application must indicate the reason and attach relevant documents confirming the need for urgent care.

You should be very careful about dismissal and retirement. For this reason, a person should check before starting the procedure work book employee for the presence of such records.

In what cases is it necessary to work 14 days?

Whether or not the leaving person receives a job is determined by the company. If there is a need for the presence of this particular employee at this particular period of time, then work-off cannot be avoided. There are no legal reasons for release from work, only the good will of the employer.