A person who is officially employed has a certain entry in his work book, but there comes a time when he realizes that he needs to move on and he decides to leave his current place of work. But how can you quit without working for two weeks?
Of course, every person knows that you can’t just quit your job overnight, and you need to undergo work in the next two weeks, as this is provided for by the Labor Code of the Russian Federation. Or are there still existing ways not to work it out? Yes, such methods exist. And, as a rule, they do not require the use of various tricks and do not force a person to deceive the letter of the law.
Work for three days
There are some categories of people who have the right not to work the 14 days required for everyone else, but to quit within just three days.
These people include:
- Employees who are on a probationary period.
- Employees who have entered into a temporary or seasonal contract.
Such categories of people have every right to contact their employer and notify him of their decision to leave the workplace after three days.
Exceptions to the rules
The Labor Code of the Russian Federation contains categories of persons who are not covered by the law on working off work. Those who pass the probationary period “fall out” of the general system. They only need to notify in writing that they want to leave the company, and after three days they have the right to a settlement. If the employee understands that there is no point in cooperation, he can leave within three days. Management's demands for delays are illegal.
Article 77 of the Labor Code of the Russian Federation allows for termination of a contract at any time by voluntary agreement of the parties. If top managers communicate directly with the employer and explain the reasons for dismissal, then you can leave on the agreed minimum dates. The application is written taking into account the shortened period and is agreed with the administration. Independent reduction of the term without the knowledge of management is grounds for dismissal for absenteeism.
The specialist has the right to stop working without working off. Extenuating circumstances with documentary evidence will protect the employee’s rights:
- For health. The presence of medical indications prohibits continued work. If you need to take care of a close relative with severe physical problems or disabilities, then preferential dismissal is provided.
- Moving. Migration to another region or outside the Russian Federation, transfer of a spouse to service are grounds for breaking the contract.
- Children. For large families with heirs aged from 3 to 16 years and if there is one child under 14 years of age in care, it is allowed to leave for a minimum period.
- Pensioners. A person has the right to leave his place of duty within the period specified by law.
- Education. When enrolling as a full-time student, a citizen can quit without any problems.
- Pregnant women. Women carrying a baby do not fall into the general category.
Certificates, medical testimony and transfer papers can confirm the presence of a valid reason. The administration reserves the right to verify the authenticity of the package of documents. If there is a suspicion of a forgery, then they check it within the agreed time frame or ask to provide other materials.
A citizen has the right to leave the enterprise at a convenient time. Unscrupulous employers violate the Labor Code, which manifests itself in the form of:
- salary delays;
- denial of paid leave;
- engaging in free or overtime work.
What ways will help you get away from working in 2021?
First of all, a person should directly contact his employer and talk to him about early termination of all obligations from you. You should not be afraid to take such a step, because, quite possibly, the boss will turn out to be an understanding person and will understand the situation. According to the law, the employer has the opportunity to remove his own employee from his position without assigning him work for two weeks. The Labor Code of the Russian Federation includes Article 77, which gives both parties the right to agree on termination of the work contract. Resolving the situation in this way is quite acceptable, especially if the person works in a small company and has no unfinished business. The employee can simply explain to his employer that for certain reasons, he needs to part with him as soon as possible, and it is quite possible that work will not be required. If this happens, the employer will sign a letter of resignation at his own request, and then the person can say goodbye to his colleagues and the next morning he will not have to rush to the office.
ATTENTION !!! But what to do if the employer turned out to be a principled person and did not show understanding, demanding to work the legal two weeks. In this case, a person can resort to using, so to speak, special reasons. But for them to take effect, it will be necessary to draw up a statement with a detailed explanation of the current situation, which does not allow a person to work for two weeks and, moreover, to support such a statement with evidence and confirmation. If the employer still does not want to let his employee go ahead of time, then he will have to go to court.
Dismissal without service by agreement with the employer
Without “working off” 2 weeks, you can quit at your own request if you agree on this with your employer. In this case, on your application for dismissal, the employer (the person authorized to conclude and terminate the employment relationship on behalf of the employer) must put a “I do not object” visa (you must have a copy with such a visa on hand), you will have to be fired on this very date - this also allows Art. 80 Labor Code of the Russian Federation.
By agreement of the parties, the employment contract can be terminated on any day specified in the agreement (Article 78 of the Labor Code of the Russian Federation). This issue is also resolved by agreement with the employer.
Unusual circumstances that allow you to quit instantly
Employees who are studying have the right to leave their place of work immediately. In order to take advantage of this opportunity for early release from work duties, you must have a document in hand that confirms the fact of admission to an educational institution. You can take it at the institute. Also, the right not to work is given to people who have reached retirement age or a pensioner, or disabled people.
A significant argument in a dispute with an employer about early termination of work can be a situation in which the boss violates certain provisions of the Labor Code and legal acts. Based on them, the employer does not have the right to exceed his authority and is obliged to dismiss the employee at a time that is convenient for him.
IMPORTANT !!! A person who decides to quit without working may begin to focus on the fact that his employer did not pay his salary on time, delayed vacation pay, and did not take care of the correct registration of the workplace.
In order to study in detail the listed points that allow, so to speak, to “put pressure” on his employer, a person should read in advance Article 80 of the Labor Code of the Russian Federation, which will help him understand all the nuances. Also, this article describes other situations in which a person may demand immediate dismissal.
You can find out about the special reasons for dismissal by focusing on legal acts and practice, which establishes the following special options for dismissal without work:
- Family circumstances. In the letter of the law, there are cases in which you can leave your place of work without working, but for this to happen, everything must be documented.
- Change of residence. If the husband/wife goes on a business trip for a long period of time, and entails the husband/wife relocating, then the reason “in connection with the move” is ideal for an early dismissal. Again, the fact of the business trip will have to be confirmed.
- Health status. Of course, the law considers that health problems are one of the valid reasons that can lead to immediate dismissal. Therefore, if an employee is unable to do his job due to any illness or due to sick leave, and he has a certificate in his hands confirming this, the employer must cancel his work for a period of 14 days. It is worth noting that while on sick leave, the employee himself can resign at his own request, but the employer, on his own initiative, does not have the right to perform such actions.
- Children. Parents who are recognized as having many children, that is, have more than three or more dependent children who are under 16 years of age, can apply for immediate dismissal. Children who have not reached the age of majority and students in general education institutions are also a weighty argument. You can resign by specifying the reason “to care for a child under 14 years old.”
- Full-time care for a family member. If a person has a disabled child or is caring for another sick relative who is recognized as a disabled person of the first group, and can confirm this with certain documents, then he is not required to work.
Who can quit without working for two weeks?
The Labor Code of the Russian Federation provides for cases when an employee can resign on the date that the employee indicates in his application.
Art. 80 of the Labor Code of the Russian Federation also provides for cases when the employer is obliged to dismiss an employee on the date indicated in his resignation letter. Such cases include retirement and enrollment in educational institutions.
The list is not exhaustive, since the article directly states: “and other cases.” These cases must be unconditionally and objectively not allowing to continue working, as a rule, this is moving to another area, the need to care for a sick family member, transfer of a spouse to work abroad, etc.
Art. 80 also provides for the possibility of immediate dismissal in the event of an 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.
The fact of violation in this case is established by: executive authorities for supervision and control of compliance with labor legislation (Federal Labor Inspectorate, Rostekhnadzor, Rospotrebnadzor), labor dispute commission, court, trade union.
Court as a solution to all problems
What should a person do if, having studied the Labor Code of the Russian Federation, he found an option in it that allows him to leave his place of work without working the prescribed two weeks, but the employer does not meet him halfway? Of course, it is best to file a claim in court. But you should understand that legal proceedings last quite a long time. And it is best to resort to this method in extreme cases and try to seek a peaceful solution to the problem with your employer. And if he still insists on working off, then it’s better to do it, because it’s much faster than waiting for a decision from a court representative.
How to fill out a resignation letter without work
The application form for resignation from work is free. But it should contain as much necessary information as possible.
An example of such a document:
- A cap. You need to write it in the upper right corner of the sheet. As a rule, here it is necessary to indicate who is writing the application and to whom it is addressed. Example: “To the director of OJSC “Udacha” Andreev. A. And from the economist V.S. Safarov.”
- Name. Everything is clear here, in the middle of the sheet, stepping back a little, from the written header the word “Statement” is written.
- Main part. After the title the text itself begins. Here it is necessary to say that our Safarov V.S asks to be removed from the company’s working staff, without working for two weeks, and it is advisable to secure such a request with some appropriate reference to the Labor Code of the Russian Federation. Example: “I am V.S. Safarov, I ask you to dismiss me on my own initiative without work within two weeks from 10/01/2021 in connection with my wife’s new job, because of which we need to move to another city.”
- Conclusion. As soon as the text of the application has been written, it is necessary to put the date, that is, the day on which it was written, and do not forget to leave your signature.
What threatens an employee who neglects two weeks of work?
When leaving a job, a person must fulfill a number of obligations. First of all, he should notify his superiors of the decision to terminate the employment agreement.
Also, the employee must go to work within 14 days after submitting the application, unless the law provides for early dismissal or it was not possible to agree with management to terminate the contract without two weeks of work. In the meantime, the employer is obliged to prepare and issue all documents to the employee and carry out a full financial settlement with him.
Not all employees have the desire to work two weeks. Individuals decide to ignore this requirement and refuse to visit the company where they are employed. You need to understand what will happen if you don’t work for 2 weeks after dismissal.
If an employee does not work for 14 days, he faces the following:
- he will not be paid for his work . Until the date of dismissal, a person is considered an employee of the company. Two weeks of work are counted towards him as work. Therefore, by law they must be paid. But, in case of refusal to perform work duties after submitting a letter of resignation, the money will not be paid. The employee is obliged to work in accordance with the approved schedule;
- he may be fired under another article . In this case, the person will have problems in future employment.
Is it necessary to work for two weeks when working for an individual entrepreneur?
An individual employer is obliged to adhere to the requirements with his employees that are specified in the Labor Code of the Russian Federation. That is, to put it simply, an employee working for an individual entrepreneur has the same legal rights as an employee working for a state-owned enterprise. As elsewhere, a labor contract is concluded between an individual employer and an employee. But, in such an agreement, an individual entrepreneur can add his own special reasons for dismissal. This right is given to him by Article 307 of the Labor Code of the Russian Federation. And if an employee signs a document, then upon dismissal, he is obliged to fulfill everything he signed.
