Who does not work 2 weeks upon dismissal? When is work required upon dismissal, and can it be avoided? Dismissal “at one’s own request” without working off

As a general rule, the work period upon dismissal is 2 weeks (Article 80 of the Labor Code of the Russian Federation). This means that the employee must notify the employer of his desire to terminate the employment contract at least 2 weeks in advance. The specified period begins to run from the day. Therefore, if the organization received an application, for example, by mail (because the employee, say, decided), then it will be necessary to record the date of receipt of the application and count 2 weeks from it.

Is the working period always 2 weeks upon dismissal?

Working time of 2 weeks is the general period applied in most cases. But for some workers, the Labor Code of the Russian Federation establishes other periods of mandatory work:

for employees who are still on probation - 3 days (Article 71 of the Labor Code of the Russian Federation);
for seasonal workers and those with whom an agreement has been concluded for a period of up to 2 months - 3 days (Articles 292, 296 of the Labor Code of the Russian Federation);
for managers - 1 month (Article 280 of the Labor Code of the Russian Federation).

Is it possible to quit without working for two weeks?

Do all employees need to work 2 weeks upon dismissal? This issue concerns primarily those who seek to terminate an employment contract with an employer as soon as possible.

Indeed, the Labor Code of the Russian Federation stipulates a number of cases when an employer is obliged to fire an employee. For example, employees leaving due to retirement can quit without working for two weeks. And also students - in connection with their enrollment in educational institutions. That is, for objective reasons they will not be able to continue their work activities in the future.

In addition, dismissal without working for two weeks at your own request is also possible. Provided that you agree on this with the employer. If you indicate in your resignation letter that you want to terminate your employment contract, say, in a day, and the employer issues an “I don’t object” visa, you will have to be fired on that very date (Article 80 of the Labor Code of the Russian Federation).

In case of termination of the employment contract by agreement of the parties, the employment contract can be terminated any day later than the date of drawing up the agreement: after 3 days, after a week or after a month (Article 78 of the Labor Code of the Russian Federation). This issue is also resolved by agreement with the employer.

Is it possible to quit without working 2 weeks of vacation?

An employee can submit an application for dismissal, including when he is on vacation. If the vacation is issued for 3 weeks, and literally on the first day a statement was written, then 2 weeks will expire before the end of the employee’s vacation. Accordingly, the employee will not actually have two weeks of work off, because all the days of work will fall during the vacation period.

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2 weeks of work if the employee has not worked for the company for 3 months

If I worked for a month and a half, do I need to work for two weeks? If you were not given a probationary period when you were hired, you will have to work for two weeks. According to the general rule established by Article 80 of the Labor Code of the Russian Federation, you are obliged to notify your employer of your voluntary dismissal at least two weeks in advance.

And then how do you come to an agreement with the employer? Perhaps he himself is glad to part with you as soon as possible. If there is a probationary period in the employment contract, if during the probationary period the employee comes to the conclusion that the work offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request by notifying the employer in writing three days in advance (Article .

71 Labor Code of the Russian Federation). If a probationary period is not established, then you are required to notify the employer 2 weeks in advance (Article 80 of the Labor Code of the Russian Federation).

Is it possible to quit without working?

Question: I want to quit my job, but they won’t let me go without working. I work on a rotational basis. Is it possible to quit without working for 2 weeks? What article is there on this matter in the labor code? The official place of work, reflected in the work book, at some point may become an obstacle to the implementation of new plans or the implementation of some urgent matters.

The reason for this may not be fatigue or a “harmful boss”, but anything. Sometimes you don’t want to leave your work team at all, but you need to quit.

Moreover, this needs to be done as soon as possible - quit without working for 2 weeks, which is required by the Labor Code of the Russian Federation. This norm is regulated by Articles No. 77, 78 and 80, which give the employee the right to terminate the employment contract on his own initiative after a written request.

You must notify your employer exactly two weeks before your desired date of departure.

Is it possible to quit without working for two weeks?

Has there been a new law stating that when you quit you don’t have to work for 2 weeks?
How to avoid working for two weeks when you quit?
Do I need to work 2 weeks upon dismissal?
I worked at work for 1 week and want to quit
Working on a probationary period
Work upon dismissal - is it necessary to work for 2 weeks and in what cases can you quit immediately?
I work under a contract employment contract, I want to quit, do I need to work for 2 weeks?

Has there been a new law stating that when you quit you don’t have to work for 2 weeks? but you never had to work for 2 weeks) They just constantly took advantage of your illiteracy.

I've worked for a week and want to quit

Attention

Article 77 mentioned above allows the contract to be terminated by agreement of both parties at any time. This version is very real for an employee of a small private company if he does not need to complete a certain amount of work.

If you have direct access to the person making such decisions, then it is worth talking directly. A one-on-one conversation, in which the employee can explain the reasons for an early separation, can evoke understanding from the manager, who will meet the employee halfway.
Once you have received a signature on your resignation letter of your own free will, you can begin to say goodbye to your colleagues and forget the way to the office the next morning. However, what to do when it is necessary to quit without working for two weeks, but the management does not want to delve into the essence and enter into the position of the employee? So-called special circumstances can provide compelling reasons.

If I worked 1.5 months, do I need to work 2 weeks?

You will need to describe them in the application and be prepared to provide evidence or documentary evidence. Here you must also indicate the desired period of dismissal.

If the employee’s demand remains unanswered after filing such an application, he can go to court. Other cases and “special circumstances” for the possibility of instant dismissal Applicants to educational institutions have the right to early termination of the work process.

This fact must be confirmed by a certificate of admission issued by the university. People who have reached retirement age, as well as currently working pensioners and disabled people are allowed to resign without service.

Dismissal! Do I need to work for 2 weeks?

However, any list of all possible circumstances that may be valid reasons for dismissing an employee within the period desired by him is not given in the Labor Code. Here, the guideline will be by-laws and established practice, which considers the following options to be respectful:

It is possible to quit without working for various reasons related to circumstances in the family or personal life. The laws allow such possibilities, but they will have to be documented, which may cause difficulties.
The reason for an early termination of work may be the relocation of a spouse for an extended period of time to another region or country. A common case is a long business trip for a husband or wife, which entails the relocation of the entire family.

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You can write a letter of resignation, as expected, two weeks before the expected date of departure, and go on sick leave for these two weeks. Is it necessary to work 2 weeks upon dismissal? Today, many questions are asked by those people who plan to quit; they are all diverse.

All issues are united by one thing, the termination of the employment contract between the employer and the employee. Dismissal of an employee upon application is dismissal at his own request.

This type is the most common today, in which you can hide a lot of things done at work.

When an employee is dismissed, the employer has many responsibilities to the dismissed person. I worked at work for 1 week and want to quit. If you write a statement.

that due to the need to care for a child under 14 years of age, they must be fired on the date you specified, for a valid reason.

Dismissal and two weeks of work

I’ve worked for a week and want to quit. An employee wants to quit without working for two weeks, writes a letter of resignation on the same day of his own free will, and the manager obliges him to work for two weeks. What grounds and arguments must an employee have for the manager to fire him on the same day? When terminating an employment contract on the initiative of an employee (at his own request), the latter is obliged to notify “... the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law.

Working on a probationary period In Art. 71 of the Labor Code of the Russian Federation states that while the employee is undergoing a test when hiring, one of the parties, on its own initiative, has the right to terminate the employment contract.
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Good afternoon I have been working in the company for less than 3 months, I want to transfer to another department, do I need to work 2 weeks? And if you try through dismissal, do you need to work for 2 weeks or, as Law 71 says, 3 days? Collapse Victoria Dymova Support employee Pravoved.ru Similar questions have already been considered, try looking here:

Does the employer have the right to demand work for 2 weeks if I am not registered?
Can I quit my job without working for 2 weeks if I haven’t gone on vacation for 3 years?

Lawyers' answers (3)

All legal services in Moscow Legal representation Moscow from 30,000 rubles. Changing the grounds for dismissal Moscow from 1000 rubles.

As a general rule, in accordance with part one of the Labor Code of the Russian Federation, an employee has the right at any time, on his own initiative, to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by the Russian Federation or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

Before the expiration of the notice period for dismissal, the employment contract can be terminated by agreement between the employee and the employer (part two of the Labor Code of the Russian Federation). In this case, to terminate the employment contract on the day specified by the employee, only the consent of the employer is sufficient.

Labor legislation also defines cases when the employer is obliged to terminate employment within the period specified in the employee’s application, regardless of the period of notice to the employer of termination of the employment contract.

Thus, the employer is obliged to terminate the employment contract within the period specified in the employee’s application, when the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work.

In other words, the employer’s obligation to terminate the employment contract within the period specified in the employee’s application occurs if there are certain objective reasons that make it impossible for the employee to continue working. This was confirmed by the Supreme Court of the Russian Federation dated November 16, 2006 N GKPI06-1188.

The Labor Code of the Russian Federation gives as an example only two circumstances of dismissal of an employee due to the inability to continue work, noting that others are possible.

In this regard, we note that in paragraph 7.2 of the explanation of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated October 25, 1983 N 8/22-31 “On some issues related to the application of legislation on strengthening labor discipline” along with cases of enrollment in an educational institution, access to retirement, moving to another area was cited as a valid reason for not continuing to work. The Plenum of the Supreme Court of the Russian Federation also classifies as valid reasons for dismissal the inability to continue working due to the sending of a husband or wife to work abroad, to a new place of service (clause 22 of the resolution of March 17, 2004 No. 2 “On the application of the Russian Federation by the courts of the Russian Federation” ( hereinafter - Resolution No. 2)).

Thus, the employee's inability to continue working must be determined on a case-by-case basis, taking into account the specific circumstances.

In addition, the employer is obliged to terminate the employment contract within the period specified in the employee’s application in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract. These violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor legislation, trade unions, labor dispute commissions, and the court (clause 22 of Resolution No. 2).

In other cases, the employee, within two weeks after submitting the application, is not released from performing his job duties. Failure to comply with them may lead to the dismissal of the employee for absenteeism (clause 39 of Resolution No. 2, Lipetsk Regional Court dated 08/11/2008 N 33-1446/2008, Moscow City Court dated 06/24/2010 N 33-16033).

Prepared answer:

Expert of the Legal Consulting Service GARANT

Naumchik Ivan

Response quality control:

Reviewer of the Legal Consulting Service GARANT

Voronova Elena

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.

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

The official place of work, reflected in the work book, at some point may become an obstacle to the implementation of new plans or the implementation of some urgent matters. The reason for this may not be fatigue or a “harmful boss”, but anything. Sometimes you don’t want to leave your work team at all, but you need to quit.

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

There are indeed ways to quit without completing the required period of service. Moreover, this does not require breaking the law or being “cunning” in any way. Everything is not so complicated, read and remember, this publication will give a comprehensive answer to this, for some, not just an important, but an urgent question.

Rights and obligations of an employee upon dismissal

First, a little more theory. The working period is 14 days; it is counted not from the moment the resignation letter is written (and, what is important, signed by the manager!), but starting from the next day. You only need to count calendar days, regardless of the number of work shifts in this period.

Legal dismissal after three days of service

Certain categories of workers are not subject to this obligation and may be required to be dismissed within three days. These include company employees undergoing a probationary period (Article 71 of the Labor Code of the Russian Federation). The same list also includes specialists with whom only a temporary (Article 292 of the Labor Code of the Russian Federation) or seasonal (Article 296 of the Labor Code of the Russian Federation) contract was concluded, the duration of which is limited to two months. Representatives of these categories of employees have the right to leave work in the company three days after notifying the manager of this desire.

But force majeure happens and time cannot be turned back, so what to do?

Do not neglect the opportunity to talk with management about early resignation. The employer has the right to fire without requiring work. Article 77 mentioned above allows the contract to be terminated by agreement of both parties at any time.

This version is very real for an employee of a small private company if he does not need to complete a certain amount of work. If you have direct access to the person making such decisions, then it is worth talking directly. A one-on-one conversation, in which the employee can explain the reasons for an early separation, can evoke understanding from the manager, who will meet the employee halfway. Once you have received a signature on your resignation letter of your own free will, you can begin to say goodbye to your colleagues and forget the way to the office the next morning.

However, what to do when it is necessary to quit without working for two weeks, but the management does not want to delve into the essence and enter into the position of the employee? The so-called special circumstances. You will need to describe them in the application and be prepared to provide evidence or documentary evidence. Here you must also indicate the desired period of dismissal. If the employee’s demand remains unanswered after filing such an application, he can go to court.

Other cases and "special circumstances" for instant dismissal

Applicants to educational institutions have the right to early termination of the work process. This fact must be confirmed by a certificate of admission issued by the university. People who have reached retirement age, as well as currently working pensioners and disabled people are allowed to resign without service.

A conflict situation with the employer due to his violation of the Labor Code and other regulations describing labor law norms, abuse of authority and other unlawful actions is another weighty argument that obliges the employer to terminate the contract within a period convenient for the employee.

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

Article 80 of the Labor Code of the Russian Federation will tell you more about the reasons for early dismissal described above. It also describes the possibilities of resigning quickly in connection with other cases. However, any list of all possible circumstances that may be valid reasons for dismissing an employee within the period desired by him is not given in the Labor Code. Here, the guideline will be by-laws and established practice, which considers the following options to be respectful:

It is possible to quit without working for various reasons related to circumstances in the family or personal life. The laws allow such possibilities, but they will have to be documented, which may cause difficulties.
The reason for an early termination of work may be the relocation of a spouse for an extended period of time to another region or country. A common case is a long business trip of a husband or wife, entailing the relocation of the entire family. This is a very compelling reason that may be asked to be documented.
Undoubtedly, the legislation considers all cases of deterioration in the employee’s health to be valid, which entail the need to leave the given region with confirmation of this fact by a medical report. An illness that prevents an employee from performing his official duties is also included in the list of cases that do not require two weeks of work.
Having children will help you quit as quickly as possible. We are talking about families with children and adolescents under 14 years of age. Any parent of a large family who has three or more dependent children under 16 years of age can demand early termination of an employment contract. Or the children in such a family have not reached their 18th birthday, provided that they are all students of general education institutions.
A good reason is caring for a disabled child or a sick family member, as well as a disabled person of the 1st group, which, as you might guess, must be confirmed by a medical report.
Pregnant women are exempt from compulsory service.

Vacation instead of work

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

Court or peace?

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

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

The Labor Code of the Russian Federation provides for this need for the employee. That is, the application should be written 14 days before the desired date to leave the current place of work. The legislation does not provide for the need to work off during layoffs. There is also a certain category of workers who are subject to dismissal on the same day. Let's look at the examples in more detail below.

Is it necessary by law to work 2 weeks upon dismissal?

Upon dismissal, the law provides for the need to work for 14 days (especially if the employee wants to first go on vacation and then immediately quit: details). However, this rule has many different nuances that need to be taken into account. In particular, there is no need to work out in the following cases:

if the employee is dismissed from his position at the request of the employer for a violation;
by agreement of the parties - to provide for care under the contract without the need to work;
reduction - the employer is obliged to inform in advance within the established time frame, and then there is no need to work;
leaving at his own request, if the employee belongs to the category for which the Labor Code provides for the right of everyone not to work for two weeks.

By the way, material on how the last working day is considered when leaving at your own request may also be useful here.

If there is a child

Many people are interested If you have a child, do you need to work 2 weeks upon dismissal? In fact, when leaving, working an extra two weeks is not required in some cases. For many categories it is possible to leave immediately, but there are a number of conditions:

resigning under such conditions is possible only for women or men who are raising a child themselves;
a single mother may not work for additional time until the child is 14 years old;
A woman who has a 3-year-old child may not remain for work, regardless of her marital status;
no work is required when caring at one's own request for the mother of a disabled child under 18 years of age.

Upon resignation of one's own free will

The law stipulates that when leaving, an employee must be informed of his plans two weeks in advance. The question arises Is it always necessary to work 2 weeks when leaving voluntarily? We can distinguish some categories of citizens who do not have to wait two weeks to leave at will - they can leave immediately as soon as they write an application. The category of those who are allowed to leave upon dismissal of their own free will and not work include:

working pensioners;
single mothers and mothers of disabled children;
pregnant women;
employees who are starting to study or work for which they were selected through a competition;
elected to public office;
moved to another place;
those who cannot live in the area or continue to work for medical reasons;
wives of those leaving for duty;
part-time workers;
caring for a disabled relative.

Documents and payments to such employees are issued on the same day. Remember that an unemployed person can still get a loan if the amount received is not enough. To do this, fill out an online application:

Vacation followed by dismissal - do I need to work for 2 weeks?

If an employee is on vacation and he wanted to initially take it out with subsequent dismissal, he needs to submit an application in advance. He is required to work for two weeks and therefore his own desire must be expressed in due time. Vacation time can be counted as working time. The application must be written in advance; the last working day will be the day before the vacation.

If a woman is on maternity leave, then she needs to write an application in advance and then pick up the documents after the leave. The same applies to sick leave. Any lawyer can tell you how to apply for sick leave after an application. The work will automatically be covered by sick leave time. If an employee goes on sick leave for a month, he will be entitled to a payment for the time after leaving.

For a working pensioner upon dismissal

The legislation provides that pensioners are entitled to the same social guarantees as all categories of workers. That is, it is impossible to fire an employee without reason only if he or she is a retired boss. The exception is staff reduction. This case involves laying off pensioners first. At his own request, a pensioner can resign whenever he wants. A working pensioner does not need to work 2 weeks upon dismissalO . When retiring, you should usually express your desire to end your working career in advance. The employer cannot force the employee to work overtime for some time later, especially since the pensioner can formally leave immediately the next day.

Is it necessary to work 2 weeks during a probationary period upon dismissal?

If the employee is on a probationary period, then Art. 71 Labor Code of the Russian Federation determines that he can leave by notifying the manager 3 days in advance if the job didn't suit him. That is, working for 14 days is not provided and management’s demands in this matter will be unlawful.