The need or persistent desire to stop working may arise at any time. In some cases, you can quit without working for two weeks. How to do this?

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Dismissal on the day of application

In accordance with Articles 77, 78 and 80 of the Labor Code of the Russian Federation, an employee may terminate employment contract on your own initiative. In this case, he is obliged to submit a letter of resignation two weeks before the actual date.

In case of dismissal without service, the date of dismissal in the application must coincide with the date the application was written.

The same article 77 states that, by agreement of the parties, the employment contract can be terminated at any time. This is especially convenient if the employee and employer are mutually interested in terminating the employment relationship.

Thus, by agreement with the employer, the employee can quit on the same day.

Article 80 of the Labor Code provides for the possibility of dismissal without service, if further work impossible due to valid reasons. The circumstances due to which you can quit without working for two weeks are as follows:

• to an educational institution,
• exit to,
• established violation labor legislation employer,
• other cases.

What kind of cases are these? There is no article in the Labor Code that expands the concept of “other cases”. But, in accordance with other by-laws and established practice, valid reasons include:

1. to another area (clause 7.2 of the Resolution of the USSR State Committee for Labor and social issues dated October 25, 1983 No. 240/22-31 “On approval of the clarification “On some issues related to the application of legislation on strengthening labor discipline”).
2. Sending a husband (wife) to work abroad, to a new duty station (Decision of the RF Armed Forces dated November 16, 2006 No. GKPI06-1188, Determination of the RF Armed Forces dated 02/08/2007 No. KAS06-550).
3. Moving to a new place of residence, which can be confirmed by an appropriate document, for example, a passport with a mark (deregistration) and a departure sheet.
4. Transfer of a husband or wife to work in another area (confirmed by a certificate of transfer from the place of work).
5. Inability to live in the area, confirmed by a medical certificate.
6. An illness that prevents the continuation of this work, subject to an appropriate medical certificate.
7. Caring for a child until he reaches the age of 14 or a disabled child (information about children is provided by the employee when applying for a job).
8. in accordance with a medical report or a disabled person of group 1 (confirmed by a medical report).
9. Dismissal by at will working disabled people and pensioners.
10. Dismissal of mothers with a child under the age of 14, as well as parents with three or more dependent children under the age of 16, and students under the age of 18.

The list of valid reasons for dismissal on the day the application is submitted may be enshrined in the organization’s internal labor regulations or in a collective agreement.

If the employer does not consider the above reasons to be valid, the employee may apply.

Dismissal within three days

The Labor Code provides for cases when an employment contract can be terminated within three days. The grounds for termination of the employment contract in this case are:

1. Dismissal at the initiative of the employee or employer during the probationary period (Article 71 of the Labor Code of the Russian Federation). In this case, the initiator of dismissal must notify the other party in writing (i.e., write a letter of resignation or sign a dismissal order) three days before the date of dismissal.
2. Dismissal under a concluded employment contract for a period of up to two months (Article 292 of the Labor Code of the Russian Federation), incl. upon liquidation of an organization or reduction of staff. The notification procedure is the same as in the first case.
3. Dismissal of seasonal workers (Article 296 of the Labor Code of the Russian Federation). The right to a three-day period in this case applies only to the employee. The employee is obliged to notify the employer in writing three days in advance. calendar days. If the decision is made by the employer, he is obliged to notify the employee in writing against signature no later than seven calendar days in advance.

The employee has the opportunity to avoid a two-week presence at work during the working period (Article 127 of the Labor Code of the Russian Federation). Upon written application of the employee, unused vacation days may be provided to him by the employer with subsequent dismissal.

However, the employee should take into account that this is the good will of the employer, and not his obligation. If the employer has agreed upon the employee's application for leave with subsequent dismissal, the day of the employee's dismissal will be considered the last day of leave.

A similar option is possible if, during the two-week period of work, the employee experiences a period of incapacity for work. In this case, in accordance with the previously submitted application, the employee will be dismissed in absentia on the day specified in the application, and the period of incapacity for work will be paid to him in full on the basis of a certificate of incapacity for work.

Dismissal without service: 15 good reasons + 5 alternative options.

It seems that the axiom that you must work the required 2 weeks before being fired has become more ingrained in your brain than your grandmother’s signature borscht recipe or your wedding date?

And perhaps because of this, you even refused to try your hand at the competition for your dream job, because the vacancy was urgent?

Look at the world wider!

Do not take dubious statements for granted!

We will share information with you about when dismissal without work permitted by law.

15 good reasons for dismissal without work: studying the Labor Code

Transfer of husband/wife to another place of service/work.

Most often, this clause applies to military and law enforcement officials.

We all remember the incomparable Lyudmila from the film “Moscow Doesn’t Believe in Tears,” who argued that the future general’s wife should marry a lieutenant and wander around the garrisons with him for 20 years.

Perhaps this is exactly the option?

Admission to a university or other educational institution.

Have you finally become the university student you've been dreaming about since 8th grade?

Congratulations!

New knowledge and dizzying career prospects await you ahead.

You shouldn't hold on to a place that doesn't value you and doesn't adhere to the letter of the law.

In this case, it is important to have evidence of the violation, for example a printout with bank card, which makes it clear that the boss owes you several months of salary.

Retirement.

After a man turns 60 and a woman turns 55, they can quit without working.

The management must terminate the employment contract on the day specified in the employee’s paper.

Change of residence.

At the same time, it’s not so important what became incentive to move and resign at your own request without work - a thirst for change or reunification with a gang of noisy, but beloved relatives.

A serious illness that will prevent you from performing your functions.

There are such unpleasant moments in life.

And the boss will have to come to terms with this and sign without working out.

Pregnancy.

If, having learned about your pregnancy, you decide not to work the notorious 2 weeks, but to use this time for walking in the park, listening to Mozart and buying children's things, the boss cannot help but accommodate you.

There is an official conclusion from doctors that this activity can negatively affect health.

We may be talking about an unsuitable climate or a difficult environmental situation.

Feel free to write a letter of resignation without service according to the sample.

A disabled employee wants to leave.

If a disabled person is incapable of work, as confirmed by the conclusion of medical workers, the management is forced to sign his application without work, where his own desire is indicated as the reason for dismissal.

One of the parents will have to look after their disabled daughter or son.

A leader is also a person.

Both legally and humanly, he is obliged to agree to dismissal without work.

You have been selected for another position through a competition and must begin work.

As they say, the fish looks for a deeper place, but the man looks for a better place.

We welcome your desire for professional self-realization.

You are fired due to staff reduction.

You have the right to spend 2 weeks not on work, but on your own business.

Joining the army.

Unfortunately, the military registration and enlistment office is of little interest in your plans for work, so you will have to urgently get ready to repay your debt to the Motherland.

If you are in jail.

According to popular wisdom, you shouldn’t renounce places that are not so remote.

You need constant care for one of your family members.

This could be an elderly parent, a spouse, or a single sibling.

An application for dismissal without service must be accepted.

Each of the reasons that give a chance to leave without working out will have to be documented:

№	Reason for dismissal	Document
1	Spouse's transition to a new job	Certificate from your spouse’s place of work
2	Admission to university	Help or official letter from university
3	Violation of an employment contract by an employer	Written evidence of violation
4	Retirement	Certificate from the Pension Fund
5	New place of residence	No documentary evidence is required. But the employer will be impressed by the contract for the purchase, sale or rental of housing in a new city/country.
6	Inability to work due to health reasons	Medical report
7	Pregnancy	Doctor's certificate
8	Harm to health	Medical report
9	Disability	Medical report
10	Staff reduction	Written notice to employer of dismissal
11	Need to care for a family member	Medical report
12	Conscription into the army	Certificate from the military registration and enlistment office
13	Going to jail	Copy of the court decision
14	Occupation of a position by competition	Certificate or official letter from a new place of work about passing a competition for the position

If you have a conflict with your employer and he does not sign a letter of resignation of his own free will without working out, written according to the sample, and the situation is really stalemate (for example, besides you, there is really no one to care for his paralyzed father), the court will be on your side.

Application for dismissal without service: a sample in your hands!

It will not be difficult to write a correct application according to the sample, even if the management is not going to let go of such a valuable employee like you.

3 steps to freedom from office “slavery” without work upon dismissal

You can run to the nearest store for champagne and cake to “sign off” to your colleagues for leaving after signing your resignation letter.

3 ways to “get out” of a situation if the boss refuses to sign a letter of resignation without working

File a lawsuit against the “brutal” bosses.

In the event that the reason for the dismissal does not impress the management and they completely refuse to “swipe” the paper, and you are confident to the core that you are right, go to court for justice.

A sample application and a list of documents that you need to attach to it will be provided by court staff.

Submit an application to the labor inspectorate.

Unfortunately, few people are yet aware of the powers of this institution, which controls the execution legislative norms in working relationships.

You need to submit an application to the inspectorate of the region where the company you so want to say goodbye to is registered.

You can “slander” an employer by appearing in person, by registered mail, or even through the website.

It is unlikely that the management will be happy with the visit of serious men in ties from the prosecutor's office.

So if you are more determined than soviet soldiers during the storming of the Reichstag, and you want to provide your beloved boss with a thrill - go ahead and sing!

The application for dismissal without service, written by you, will become a desktop document at the company.

It is these three authorities that can make decisions in case of various disputes.

If you have the opportunity and means to get advice from an experienced lawyer, don’t miss it!

After all, sometimes the outcome of a case depends on some piece of paper lying around or the wording of a proposal.

5 alternative options for dismissal at your own request without working off

Go on vacation instead of working off when you quit.

If you, not sparing your belly, strained yourself at work and did not have time to take a day off due leave, you can rest for the notorious two weeks.

Go on sick leave instead of working off upon dismissal.

If your childhood friend is a local doctor, who’s stopping you from going to her for coffee and asking her to write out a certificate about a common cold?

By agreement of the parties, part with your beloved management.

An important point is that the firm’s lawyer must draw up such an agreement in writing in two copies.

It is signed, of course, by both parties.

Then you will be sure that the previous employer does not have a snake in his bosom in the form of dismissal for some unflattering article (for example, for absenteeism).

It should be remembered that you cannot withdraw such a letter of resignation at your own request.

This option is suitable for those who are firmly confident in their charm and ability to persuade.

So much so that Dale Carnegie is no match for him.

Transfer to another company.

In order for your dismissal to go smoothly without work, you will need a letter of invitation from your newly hired boss.

In this case, the manager can only sign a letter of resignation without work and throw out the sacramental phrase: “I don’t dare detain you!”

1. It will take only 3 working days, instead of the notorious 14, to be dismissed without work if you:

   • were on probation;
   • worked in temporary jobs (seasonal);
   • the employment contract was signed for no longer than 2 months.

When choosing a method of dismissal, you must take into account all the nuances:

The video highlights the legal side of the issue, how to avoid working off after filing a letter of resignation:

An application for dismissal without service has been submitted: what to expect?

Even without work, dismissal provides for:

• issuance of the required salary, all kinds of compensation, if they are provided for by law (for example, if the final payment is delayed, you have the right to compensation for each day in the amount of average earnings), vacation pay;
• issuance of your book (work record), a copy of the dismissal order, documents on average wages and length of service (certificates), form 2NDFL.
• the opportunity to contact the prosecutor's office, the labor inspectorate or the court, if the boss does not pay, does not issue the documents you need, and forces you to work.

Regulatory acts provide for many cases when Dismissal without service is possible.

And if you need to use this right, you should not be afraid to disturb the peace in the usual office “swamp”.

You just need to write a letter of resignation without working according to the sample and boldly open a new page in your life.

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If you decide to change jobs, it is important to take seriously compliance with all formalities and management requirements. One of them is a mandatory two-week work period, and questions often arise about its legality. How legitimate are the employer’s demands and is it possible to avoid this obligation?

You can try to negotiate with your superiors

The very wording “working for two weeks” is not entirely accurate. IN Labor Code We are not talking about mandatory work at all, but about the fact that you are obliged to notify your boss no less than two weeks before the day of dismissal if you leave of your own free will. This rule does not apply to cases of violation by the employer of the employment contract. If you don’t know how to quit without working for 2 weeks, you don’t need to immediately look for violations to do this. There are other reasons to leave without working; in the end, you can come to an agreement with your boss.

All of the above means that if you submitted your resignation and then went on sick leave, for example, which lasted at least two weeks, you no longer need to work after that. Your job is to notify your boss two weeks in advance, but whether you actually worked at that time or not is no longer important.

Cases of violation by a boss of an employment agreement are difficult, because the fact of violation itself must be proven, and this will take time. The first step is to file a complaint with the competent authorities. These could be trade unions, commissions labor disputes, court. After this, the verification begins. It is difficult to say in advance whether the authorized body recognizes the violation or not. Non-payment or delay of wages is not a reason specified in the Labor Code, so in this case the outcome is also ambiguous. If the court does find a violation, and the boss refuses to fire you on the due date, he will pay a fine. The period is not always exactly two weeks. There are cases in which you can give notice three days before immediate dismissal:

• If your probation period has not yet ended
• If your job is seasonal
• If you work under an employment contract for a period of at least two months
• Sports coaches and employees holding managerial positions are required to give one month's notice of their resignation.

Do I have the right not to work?

There are cases when an employee may not work, but they are quite arbitrary. For example, people often find out about retirement or moving in advance, which means you can warn your boss some time before leaving so that he has time to take action and find a replacement for you, as well as prepare documents and calculations. The official reasons for dismissal without two weeks of work are:

1. Retirement. Whether a pensioner leaves on time or works in retirement and suddenly decides to leave, he has the right not to work.
2. Moving to another city or country for permanent place residence
3. Relocation due to transfer of spouse to a new one workplace in another city, country
4. Violation of the terms of the employment contract by the employer
5. Enrollment in an educational institution

If your boss has violated the terms of the contract, you do not need to leave immediately until the violation is established. Failure to show up for work within the two-week period will be regarded as absenteeism, which means you can be fired not at your own request, but under the article. There are other reasons that may be considered valid. But since they are not specified in the Labor Code of the Russian Federation, the decision will depend on the employer himself and the authorized bodies. What other reasons could there be?

• If you are sick and the illness prevents you from continuing labor activity
• If you have been selected for a competitive position
• If you are called up for military service
• If you are under 14 years old or a disabled child under 18 years old
• If other family members need care
• If you are pregnant and want to quit
• If the company you work for is liquidated.
• If you are fired due to reduction

Is it possible to go on vacation before quitting?

Perhaps, best solution to avoid processing. You have the right to take paid leave if you have not already done so. But the vacation must last at least two weeks. Standard vacation is 28 days, for teachers it is 42-56 days. So, first you write a statement addressed to your boss, in which you indicate that your dismissal follows after the vacation. But since you need to apply for leave a month in advance, it turns out that you still warned your boss in advance and even earlier than two weeks. The benefit is that the day of dismissal is considered the last day of vacation, plus you receive vacation pay. During this time it is quite possible to find new job.

If you don’t want to go on vacation, but you are entitled to it because you haven’t had a vacation this year yet, you have the right to receive compensation. Even if the employee is a minor or is a pregnant woman (they cannot accept compensation or refuse leave), compensation is possible in the event of dismissal.

If you haven't taken a vacation for two years in a row, then you can get monetary compensation for two vacations or take one vacation and receive compensation for the second. You cannot take two paid vacations at once.

If during a legal vacation you fall ill and receive sick leave, the vacation can be extended or postponed for the same number of days that you spent on sick leave. You can also take unpaid leave, but in this case you need a good reason. Without good reason, your boss may not let you go. The following have the right to take such leave:

• WWII veterans
• Pensioners continuing to work
• Disabled people
• Parents and spouses of military personnel or those killed during military service
• If leave is needed due to the birth of a child, death loved one, or a wedding.

What to do if you change your mind about quitting?

Before the end of your service, you have the right to change your mind and withdraw your resignation letter. However, if you are going on vacation, it is better to do this before you go on vacation. The matter will become more complicated if another employee has already been invited to your position, who also has the right to this job. But in such a situation, it makes sense to require written confirmation of the agreement with the new employee. The phrase “I’ve already hired someone else in your place” has no legal force.

It happens that an employer, for some reason, refuses to provide written evidence of hiring a new employee for your position. In this case, ask him to issue a refusal written form With detailed description reasons. It is no secret that sometimes an employee is forced to write a letter of resignation of his own free will, citing the fact that everything is being done for his good, otherwise there will be other reasons for dismissal, but under the article. The employee agrees, writes a statement, and then thinks it over carefully and decides to take it away. If you are not allowed to do this, you should go to court.

Now the court is increasingly siding with the employee. After this (if you win in court), you will be reinstated in your position without fail and paid wages for the entire duration of the proceedings. But if two weeks have already passed, you no longer want to leave work, and your boss has already changed his mind and is in no hurry to count you and give you work book, that is, in essence, the employment contract was not officially terminated, the resignation is considered invalid, and the employee can continue to work.

Documents and calculation

The solution is to go on vacation

On the employee’s last working day, the boss is obliged to pay him, that is, pay his salary, vacation pay or compensation, if any. If this does not happen and the boss delays payments, then for all days of delay he must pay an amount equal to the employee’s average daily salary. The last working day is considered the last day of vacation taken after writing a letter of resignation from the position. Therefore, under such circumstances, all calculations are carried out on the last day of vacation.

Refusal to return the work book after the deadline after writing the application is a serious violation. If this happens, material damage is also compensated for each day the book is retained, since its absence does not allow you to get a new job. In the labor day, the date of dismissal is set to the date when the book was issued to the employee. To do this, you need to write a statement addressed to your former boss stating that you received the book, you were paid compensation and the date of dismissal was changed.

If the employer still does not return the work, feel free to go to court. However, you need to remember that no more than a month should pass from the date of dismissal to go to court. If more than a month has passed, then you need to have good reasons for such a long period of not going to court, it is better to be documented. Your boss's chances of winning the case increase as the month passes.

However, the employer is not considered responsible for withholding the employee’s book if the employee himself did not come for it on the day of dismissal or if the employee ignored the notice to appear for the book or to give permission to send it by mail.

This video will tell you how to quit your job the right way:

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 established deadlines, and then there is no need to work out;
• 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, the material on how the last working day is considered when leaving voluntarily 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 yet extra 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, like 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 formally the next day the pensioner can leave immediately.

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.

Last modified: January 2019

It is a rare person who works at one enterprise all his life. As changes life situations, needs and goals, there is a need to change jobs. Is it possible to quit without working for two weeks? There are several ways to quit without working for 2 weeks, freeing you from unnecessary waste of time and effort on your previous employer.

Working time options

The question of whether it is necessary to work 2 weeks upon dismissal is one of the most unpleasant for both parties. The employer strives to strictly comply with all dismissal rules specified in the Labor Code of the Russian Federation, since any violation may lead to serious problems, right up to court proceedings.

The basic requirements for the dismissal procedure at the request of a hired employee are described in Article 80 of the Labor Code of the Russian Federation. According to the provisions of the article, upon termination of the employment relationship, the initiator of dismissal is obliged to notify the opposite party. Next, the question is whether it is necessary to work for two weeks after notifying management.

Thus, when planning to resign, a person writes a sample statement of his own free will 14 days in advance, essentially warning management about the imminent vacancy of the position and the need to find a replacement. The two-week period is a temporary limitation that will allow the administration to decide personnel issues without production or administrative disruptions. The employee announces that he is leaving, and the manager takes measures to find a replacement and organize the work, excluding the participation of the departing employee.

Meanwhile, if the leader himself does not mind stopping labor relations with a specific person, without waiting for the expiration of the established period, nothing prohibits formalizing the employee’s departure without working off.

When an employer does not want to let go of a good specialist, delaying the moment of separation in every possible way, there is no hope for early termination of the contract. However, it is almost impossible to force a person to work fruitfully when all thoughts are already occupied with new employment and changes in life. In addition, the employee has a lot of loopholes that allow him not to go to work if he no longer wants to. There are a lot of options for eliminating or reducing working hours. It all depends on the specific circumstances.

Three-day detention

Sometimes the waiting period after submitting a resignation letter is reduced to 3 days. This is possible if:

1. The person worked (Article 71 of the Labor Code of the Russian Federation).
2. The work was carried out within fixed-term contract lasting up to 2 months (Article 292 of the Labor Code of the Russian Federation).
3. The person was employed in a seasonal job (Article 296 of the Labor Code of the Russian Federation).

How to quit without working for 2 weeks

The standard period for warning the manager, unless there are other grounds for reducing or canceling the period. The calculation of the period of 2 weeks begins with the submission of the application, however, the employer has the power, at its own discretion, to shorten the period and bring the date of dismissal closer.

2 weeks can also be used in the interests of the employee if, after submitting an application, during the waiting process he changes his decision and withdraws the document. It is important to do this before a new applicant is selected for the vacant position.

Expectation of dismissal for a period of 1 month

Sometimes work is required not even for 2 weeks, but much longer. This happens when a director or chief accountant resigns. These positions imply a key role in the activities of the enterprise and mastery of all the nuances. It is not easy to replace such employees because their importance is too great. For this reason, the question of whether it is necessary to work out is most often answered positively. In addition to selecting a new person, it will take much longer to get up to speed and understand the specifics of the company’s activities.

According to Article 280 of the Labor Code of the Russian Federation, the director or chief accountant is required to notify about dismissal 1 month in advance. In addition to leadership positions, similar training is established for athletes and coaches.

When processing is not needed

In itself, the concept of “working off” is not a term of labor law, since the law does not force work to be done on the eve of dismissal, but requires that management be warned in advance of the intention to leave. For individual categories For citizens, the question of whether it is necessary to work off is decided in favor of the employee.

Sometimes management immediately agrees with the dismissal, and a candidate has already been selected for the vacated position. In this case, the parties have the right to agree on a shorter period or complete disposal of unnecessary work upon dismissal.

Under special circumstances, the employer does not have the right to insist on working off:

1. Reaching retirement age. An employer does not have the right to detain an employee if he is a pensioner and is already entitled to receive state benefits.
2. Change of residence with moving to another region, when there is no way to provide the expected amount of work due to an emergency departure.
3. Change of place of work in another region for the employee’s spouse.
4. The administration of the enterprise violated the terms of the employment contract.
5. Admission of a student to a university or other educational institution.

In addition to the above reasons, there are other circumstances when there is no point in insisting on mandatory processing - the employer is notified of the upcoming departure the day before:

• opening a temporary disability certificate;
• going on vacation;
• conscription into the army;
• going on forced leave to provide care when there is a child under 14 years of age or a ward with a disability group.

Is it possible to avoid processing

When it is not possible to use one of the options for approaching the date of departure, it is recommended to take care of your own health by opening a sick leave certificate. The time of absence due to illness is included in the notice period, and therefore does not give the employer grounds for extending the work period.

If your health is excellent, ask if unused days have accumulated next vacation. The employee has the right to use them at his own discretion according to the vacation schedule, or to agree on a new vacation period, after which the person officially stops working at the enterprise.

The law does not oblige the parties to maintain a two-week period, so the employee, having written a statement, has the right to stop working the very next day. The main thing is that the application indicates the terms with which the head of the enterprise has previously agreed.

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