Is it necessary to work two weeks upon dismissal?

When an employee is faced with dismissal, he has a reasonable question: “What to do with working off? And is this how it needs to be worked out?” Few people know what to do when leaving and what reasons to give for not working for another two weeks.

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Employers themselves are often confused about whether work is needed or not, although upon dismissal they ask to work for two weeks. But a competent employee will always find legitimate reasons for dismissal and the need to work off.

Do I need to work 2 weeks upon dismissal?

Russian laws in most cases protect the rights of employees, but employers themselves do not stand aside. Upon dismissal, they can detain the employee for 2 weeks.

Often this period is needed to find a new worker for a newly opened vacancy.

But our Russian legislation does not establish a mandatory working time of 2 weeks. Provided that the employee agrees on the application with the employer, he is able to resign without working off. To be on the safe side, they often enter into a written agreement.

Let's look at several cases of dismissal with and without work.

At your own request

The employee can cancel the contract on his own initiative. But it is the manager who decides whether to work for two weeks or not. Therefore, you should choose a date in advance and say two weeks before about your decision.

It happens that an employee writes a dismissal date in his application earlier than the established two-week period and does not coordinate it with the employer. In this case, the worker’s failure to report to work on the due date entails recognition of the dismissal as unlawful. Therefore, the boss has the right to fire an employee for absenteeism.

Sample application for resignation of one's own free will without working out the application.

Pensioner

When an employee reaches the required retirement age, he decides whether to resign or not. It is important to know that reaching this age does not give the employer the right to send an employee to retire; the choice whether to work or not remains with the pensioner himself.

By law, the employer must dismiss in connection with retirement within the period specified in the application. That is, a pensioner does not need to work for two weeks.

If a pensioner resigns and then returns to another job, he has the right to resign without working out. The law does not limit this right to a pensioner.

Sample application for a pensioner example.

If there is a child

The child does not affect the dismissal process. An employee with a child also notifies the supervisor two weeks in advance. The employer needs this period to find a replacement.

But a worker has the right to quit without working, if there are good reasons.

There is no concept of “good reason” in the Labor Code of the Russian Federation. But you can sincerely agree with the employer and ask to cancel the work, indicating a good reason.

At the same time

Part-time work is secondary employment. That is, the employee performs other work in his free time from his main activity.

A part-time employee works the same 2 weeks properly as the main employee. The option not to work out is given by agreement of the parties.

Disabled person 3 groups

A disabled person of the 3rd group is obliged to declare his resignation on his own initiative 2 weeks in advance, like other employees, since a disability of the third group is recognized as a partial loss of ability to work. The employer allows you not to work for two weeks due to health reasons.

That is, disability of the third group does not provide any advantages in terms of working out.

According to the employment contract

An employment contract is the main document that confirms that the parties have entered into an employment relationship, the characteristics of which are given in Art. 15 Labor Code of the Russian Federation.

He can be:

• urgent - concluded until a certain date or until the end/beginning of specified events (for example, until an employee returns to work or repair work is completed in full);
• unlimited – valid for an indefinite period.

If an employee has signed a fixed-term contract, he has the right to be dismissed only at the end of its term and not earlier (with the exception of situations of violation of labor discipline or complete liquidation).

When working under an open-ended employment contract, the employee and the employer must give notice of dismissal 14 calendar days in advance.

The parties also provide for notice periods for dismissal that differ from the law in the employment contract. The employment contract is terminated by agreement of the parties at any time.

Therefore, if you need to quit without working, it is advisable to discuss the details with the employer.

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.

1. Part-time workers and disabled people are exempt from working. There is no need for additional documents; the personnel officers have them.
2. 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.
3. 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.
4. If you 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.

1. Conscription into the army.
2. Election to public office.
3. Transfer to another position within the enterprise (the transfer is made within a time period that suits the employee and management).
4. Enrollment in a university or secondary educational institution as an inpatient (summons, summons to study or other documents are presented).
5. Emerging health problems that interfere with the performance of work duties, or unsuitable climate; caring for a seriously ill family member, relative, child. Here, supporting documents are provided by medicine.
6. Change of place of residence, business trip of the spouse to the place of duty, including abroad.
7. At the end of the employment contract.
8. Retirement.
9. If the reason for dismissal was a documented violation of the law on the part of the employer (non-payment of wages, imposition of unpaid duties not provided for in job descriptions), then there is no question of working off.
10. You can avoid working time if you apply for another vacation with subsequent dismissal or submit an application while on vacation, but no later than 14 days before its end.

Special circumstances

It should be remembered that there are exceptional situations in which an employee has grounds to resign immediately without work.

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Russian legislation includes special circumstances:

• consent of the parties. If the parties agree among themselves and sign a written agreement, then the employee has the opportunity to resign without working;
• employees of retirement age and who do not want to continue working;
• employees who have enrolled in a university and are starting their studies. They are required to present a certificate from their place of study indicating their enrollment in a university;
• conflict with the employer due to the latter’s failure to comply with labor law norms in relation to this mercenary;
• the workplace of a certain employee is not properly equipped, which prevents him from performing his direct job duties to the full;
• failure to comply with deadlines for payment of wages or benefits: vacation pay or sick leave payments, severance pay, maternity pay and others;

This is an approximate list of reasons for dismissing a worker without two weeks of work.
But judging by the practical results, there are many other reasons for canceling a working relationship without working out. These include :

• personal or family circumstances. This reason must be proven with documents, which can be quite difficult. But if there is an urgent need for urgent dismissal, it is always realistic to talk with the manager and conclude an agreement with him;
• families with large families. If a parent has 3 or more children under 16 years of age in the care of a parent, it is possible to resign without working off;
• worker's pregnancy. Having a belly is not proof of an interesting position. It is necessary to show the manager a medical report with the signature and seal of the medical institution in which the specified pregnant woman is registered;
• relocation of a husband or wife to work in another area. For example, a spouse’s long business trip, due to which the family is forced to move to another place of residence. The reason is quite solid, but some managers require it to be documented;
• situations when an employee’s health suddenly deteriorates and he is no longer able to cope with his duties. This reason is quite convincing for dismissal. But you won’t be able to quit without some medical certificates;
• a sharp need to care for a disabled child or another family member who has a disability of the first group. The fact of this case will also need to be confirmed with medical papers;
• a family with children under 14 years of age;
• if you go to jail;
• joining the army;
• dismissal due to staff reduction;
• disability;
• if you passed a competition for a new position.

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 residence
3. Relocation due to the transfer of a spouse to a new workplace in another city or 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 to work
• If you have been selected for a competitive position
• If you are called up for military service
• If you need to care for a child under 14 years of age or a disabled child under 18 years of age
• 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

What circumstances force you to work?

As the Labor Code indicates, a person who wants to resign of his own free will must work for a set period, namely 14 days, so that the manager has the opportunity to find a new employee during this time. To do this, he will need to write a letter of resignation and submit it to the employer for review later than two weeks in advance. However, if the director does not need this person for work, he may allow him to leave work without this.

Workout is not mandatory unless management requires it.

14 days is the minimum established period; it may be a month or less at the initiative of the director of the organization or due to appropriate circumstances.

For these groups of people, the duration of work is three days:

• workers on probation;
• seasonal workers;
• citizens with a time-limited employment contract.

In the event that an employee, while on paid leave or sick leave, expresses a desire to leave his place of work, his work will already be credited. Only he must notify his superiors about this no longer than 2 weeks before the end of the vacation.

Also, working off may not be mandatory if the employee and his director mutually agree on dismissal and draw up a written agreement. It must indicate the date of leaving the place of work, and the process of working off in this case is excluded.

See also: Procedure for dismissal due to change of residence

If a working citizen, wanting to cancel the employment contract of his own free will, does not want to work for the established period, then he is obliged to make this request to the manager. Only on the basis of a written statement (resolution) signed by the authorities, it is possible to legally exclude the work. If you don’t work out what will be spelled out in Article 80 of the Labor Code of Russia. Paragraph 3 of the commentary to the article says that refusal to work off work is considered a violation of work order and can lead to dismissal for absenteeism.

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.

Rights and obligations of an employee upon dismissal

The employee’s responsibility, in accordance with the Labor Code of the Russian Federation, is to notify the employer in writing two weeks before dismissal. But dismissal can take place earlier, in agreement with the employer. The period of work has been reduced to three days for workers on a probationary period, with the seasonal nature of work. The employee has the right to withdraw his decision to dismiss before the expiration of a two-week period. After this period, he must receive a timely payment and a work book.

Grounds for dismissal

Dismissal without working for two weeks

An employee can resign without working the mandatory two weeks within a 3-day period. This is possible when the following circumstances occur:

• During the probationary period - Art. 71 Labor Code of the Russian Federation
• If the employment contract was concluded for a period of less than 2 months - Art. 292 Labor Code of the Russian Federation
• If the employee was engaged in seasonal work - Art. 296 Labor Code of the Russian Federation. This period is provided only for the employee. If an employer decides to dismiss a seasonal employee, he must notify the latter 7 calendar days in advance

In order for an employee to be considered a seasonal worker, this must be specified in the employment contract.

What means

Article 78 of the Labor Code of the Russian Federation states that the parties have the right to terminate the contract of the same name at any time in accordance with their agreement.

Attention should also be paid to two comments to this provision:

• freedom of a contractual document is guaranteed, it is ensured by the Law, both at the stage of its conclusion and during its cancellation by agreement of the manager and employee. The article legally establishes the relevant procedures;
• termination in accordance with Article No. 78 of the Labor Code of the Russian Federation is applicable to both fixed-term and open-ended employment contracts. The agreement of both participants is the main reason for the annulment of the document, which does not require other circumstances.

Important! The employee does not need to write a letter of resignation of his own free will. The corresponding article applies to care by agreement of the parties. Even at the initiative of the employee, termination of the employment contract does not provide for two weeks of work (analogy - Article 80).

Application for dismissal without work

In order to resign, an employee must write a statement addressed to the employer. Exactly the same procedure applies if an employee quits without working. The application should indicate “I ask you to dismiss me without obligatory 2-week work for the reason....”

In some cases, the employee must provide evidence that he cannot work the required 2 weeks. For example, if this is not possible due to moving to another place of residence. To do this, it is enough to present documents about the discharge.

Vacation followed by dismissal

Another option to resign without having to work off work is to write a statement asking for vacation days not taken off and to terminate the employment relationship immediately after. The date of dismissal, that is, the final working day, will be the day the vacation ends. On the same day, the employee must receive the due cash payments and work book.

The duration of vacation in this case should be no shorter than 14 days. However, management reserves the right to grant leave followed by dismissal to the employee or not. For an employee, when filling out an application for such leave, it would be correct to indicate in the text: “I ask you to provide leave from such and such to such and such a date with subsequent dismissal.” The day the vacation ends is stated in the application so that in the future there will be no disagreements or disputes regarding the day of dismissal.

If the employee wrote a letter of resignation on his own initiative, began to work for the required 14 days and issued a certificate of incapacity for work during this period, accordingly he will be on sick leave, actually avoiding work. In this case, he will be dismissed in absentia on the day specified in the application with mandatory payment of this sick leave.