How to quit without working for two weeks 2021: all possible ways

Author of the article: Lina Smirnova Last modified: January 2021 107775

Citizens working officially may be faced with a situation where they urgently need to quit. According to the law, they must inform the management of the enterprise about their plans two weeks before the date of the desired dismissal, so that the employer can decide on the need to work out this period. We will find out how to quit without working off, avoiding it in a legal way and without violating the law, what situations can become the basis for exemption from the working off period established by the Labor Code. To do this, we will first consider what the general procedure for dismissal is at the request of the employee himself, and in what cases citizens are exempt from the need to work.

Duration of work

The Labor Code of the Russian Federation does not contain such a term as “ working off ”. This concept means the period calculated from the date of filing the application until the day of dismissal. According to Article 80 of the above legislative act, the employee is obliged to notify the organization’s management of his intention no later than 2 weeks before the expected date, unless otherwise provided in the current legislation. The last note is important to take into account, since the standard working period is not provided for all employees, for example:

Persons in management positions are required to notify the company's owners of their intention to terminate their employment relationship no later than 1 month before the date of dismissal (Article 280).
Citizens hired on the basis of a temporary employment contract (for a period of up to 2 months) have the right to submit an application for dismissal three days before the expected date (Article 292).
Persons involved in seasonal work are required to notify management of their intention three days in advance (Article 296).
Athletes or members of the coaching staff are required to notify the employer of dismissal no later than a month before the expected date (Article 348.12).
Employees on a probationary period also have the right to apply for resignation three days before the specified date.

The above list is not exhaustive. According to Section XII of the Labor Code of the Russian Federation, the dismissal procedure for homeworkers, employees of religious organizations, as well as employees of micro-enterprises is regulated by local acts of the economic entity.

Important

Current legislative acts do not prevent the termination of an employment contract even before the expiration of the established deadlines with the consent of the parties. That is why it is advisable to discuss all the nuances with the management of the organization even before writing the application.

How to avoid detention without good reason?

If urgent dismissal is necessary, you can legally avoid working off as follows:

negotiate dismissal without mandatory service with the employer himself;
use regular vacation instead of working off;
issue a sick leave certificate;

Dismissal by agreement with the employer

The issue of working off is resolved jointly with the manager, who is obliged to sign the employee’s application for dismissal. If there are no difficulties in selecting another candidate for the position held by the employee, the management of the enterprise can meet him halfway and fire him without any work.

An employer can agree to dismiss an employee without forcing him to work for the required period. Sometimes a personal conversation with the manager explaining to him the reasons for your urgent dismissal is sufficient. The availability of this method, to avoid resolving the issue of dismissal after service, is usually possible for small firms or companies, where there is usually an atmosphere of informal relations and there is always the opportunity to talk with the manager about your problems, including dismissal. Upon receipt of consent for urgent dismissal without mandatory service, the date of registration of dismissal is agreed upon with the employee. It will be recorded in his work book.

Using vacation instead of working off

According to the Labor Code of the Russian Federation, each employee must be granted annual leave with payment of benefits. You can take it after 6 months of work at the enterprise, and the minimum period of leave must be at least 14 days according to the calendar in the case of dividing the full leave in half at the request of the employee or according to production needs.

Expert commentary

Kamensky Yuri

Lawyer

If the employee has the right to another vacation, it can be used instead of working off. It will not be required if the application for dismissal is submitted to the employer before the employee submits an application for leave, or if they submit a joint application for dismissal and leave.

To speed up your dismissal, you should take two weeks of vacation, not the entire unspent month. The employer is obliged to compensate for the remaining vacation days with cash payment along with the final payment upon dismissal. The day of termination of the employment contract will be considered the first working day the employee returns to work after a two-week vacation.

Being on sick leave during the working period

If it was not possible to come to an agreement with the employer voluntarily and the vacation has already been used, the last chance for urgent dismissal is provided by issuing a sick leave. This is possible in the case of an existing disease, which gives the right to issue a sick leave. You can notify your employer of your intention to resign and submit an application by presenting a document from the clinic.

You can also first notify management by submitting a letter of resignation, and then contact the clinic for sick leave. Then the period of treatment will be included in the work, and the date of dismissal will coincide with the date of closure of the sick leave, if the period of treatment corresponds to two weeks.

Expert commentary

Gorchakov Vladimir

Lawyer

If the treatment period exceeds two weeks from the date of filing the application, the employee may, after two weeks, close the sick leave and demand final payment and the issuance of a work book with the corresponding notice of dismissal.

Legal grounds not to work out

In practice, there are often cases when it is not possible to warn the employer in advance about your intentions. Current legislation takes this point into account and allows you to quit without working in a number of cases:

upon admission to the full-time department of a secondary vocational or higher educational institution;
when conscripted for military service;
if necessary, care for a seriously ill family member;
upon retirement;
for health;
when moving to another region;
when transferring a spouse to another country.

A significant reason for voluntary dismissal may be a violation of an employee’s rights by the organization’s management. Systematic delay of wages, coercion to perform duties not provided for in the employment contract and other documents, as well as refusal to provide leave allow a citizen to resign without working.

Important

It should be noted that facts of violations in such cases must be documented by regulatory authorities.

In addition, the procedure and conditions for terminating an employment contract without working out can be specified in the internal documents of the enterprise. In some organizations, parents of children under 14 years of age, pregnant women, parents of disabled children, and mothers of many children can count on dismissal “on the same day.”

Current legislation obliges the employee to notify the organization's management in advance about his dismissal, but does not mention that he must remain at the workplace during this period. That is why there are several other ways to quit without working.

Sick leave followed by dismissal

Sick leave is a valid reason for the absence of an officially employed citizen from his workplace. Temporary disability allows you to avoid working off upon dismissal. In this case, several scenarios are possible:

The resignation letter was submitted before going on sick leave.. In this case, the period indicated on the certificate of incapacity for work will be counted within the time limits established by law.
Attention
If it is closed earlier, the citizen will have to return to his workplace before the date specified in the application. Otherwise, the employee will be dismissed within the specified period, but he will retain the right to sick pay after termination of the employment relationship.
The resignation letter was submitted after going on sick leave . If the period specified in the certificate of incapacity for work exceeds the legally established time of 14 days, the employee will not have to return to his workplace. In cases where the sick leave ends before the date specified in the resignation letter, the citizen is obliged to work the remaining days before the termination of the employment contract.

Attention

It should be noted that this method is suitable for those employees who really have health problems, since falsifying a certificate of incapacity for work threatens with criminal punishment.

Vacation followed by dismissal

Another way to avoid working before dismissal is to go on vacation. The Labor Code of the Russian Federation (Article 127) allows employees to use accumulated vacation days before terminating the contract, while:

the date of dismissal of the employee coincides with the employee’s last day of rest;
the employee has the right to withdraw his application only before going on vacation, after which he is deprived of such authority.

Article 127 of the Labor Code of the Russian Federation indicates that an employee can use accumulated vacation days before dismissal, but does not oblige employers to provide the employee with such a right. That is why termination of an employment contract in such cases can occur according to two algorithms:

With the consent of the employer, the employee submits an application for leave with subsequent dismissal.
Information
In such cases, a new employee can be registered for the vacated position on the first day of leave of the dismissed person.
The employee goes on vacation according to a pre-approved vacation schedule, and then submits a letter of resignation 14 days before the date of termination of the employment relationship. Moreover, if there are 2 weeks left until the end of the vacation, the employee will not have to return to his workplace.
Attention
In cases where the employee submits an application less than 14 days before starting work, he will have to work the remaining time until the date of dismissal.
Read also: What is the procedure for renaming a position in the staffing table: sample order

It should be noted that an employee on vacation can submit a resignation letter in several ways:

Personally . The procedure for terminating an employment contract in such situations is no different from the standard one.
By mail . It must be taken into account that two weeks in such cases begin to be calculated from the day following the date of receipt of the letter by the employer.
Through a legal representative acting on the basis of a notarized power of attorney.

Often, company management makes concessions and allows an employee who has gone on vacation to declare his intention to terminate his employment relationship later than the legally established deadlines, so as not to return to his workplace after the vacation. That is why possible options for the development of events must be discussed with the employer even before writing a letter of resignation.

Before dismissal, an employee can use basic and additional vacations, in whole or in part. In the latter case, the remaining days will be compensated to the dismissed person in cash.

Legitimate reasons for dismissal without work requirement

A citizen may terminate an employment relationship immediately after notifying management and writing an application, without working out the period required by law, if special circumstances occur:

becoming a full-time student at an educational institution after passing the entrance exams, for which he must present to the head, along with the application, a corresponding certificate issued by the educational institution;
upon reaching retirement age established by law, working citizens of retirement age and disabled people of the first group;
when the employer exceeds his powers: committing illegal actions, violating the terms of the employment contract. Any fact of the manager’s actions that does not comply with the Labor Code must have evidence that must be stated in writing. Particular attention should be paid to significant delays in the payment of wages, untimely payment of vacation benefits, lack of conditions for performing work, for example, insufficient equipment of the workplace.

The listed reasons for canceling two-week work are included in Article No. 80 of the Labor Code. In addition to them, it is possible to dismiss an employee within the period specified by him without the use of work for other reasons that are not directly included in the Labor Code, but the requirement to accept them as a basis for urgent dismissal follows from the by-laws.

The procedure for terminating an employment contract at the initiative of the employee

Termination of an employment contract at the initiative of an employee without work requires the following procedure:

The employee provides the management of the organization with a written application for dismissal, attaching to it documents indicating the right to terminate the employment relationship without working out (application for leave, summons from the military registration and enlistment office, conclusion of a medical examination, certificate from the attending physician, notice of retirement).
Attention
The dismissed person can submit documents in person, by registered mail, by fax or through a legal representative acting on the basis of a notarized power of attorney.
The employer accepts the employee’s resignation and confirms his consent to terminate the employment contract with his signature.
Before the day specified in the application, the organization issues a dismissal order (form T-8), which is certified by the signatures of the manager. The personnel service of the enterprise makes the latest changes to the employee’s personal card, then the documents are handed over to the dismissed person for review and signing.
On the last working day, the employee receives a paycheck and a work book. Upon additional request, he may be provided with a 2-NDFL certificate and other documents.

All papers can be handed over to the owner personally or sent by registered mail. In cases where dismissal was preceded by sick leave, the citizen must contact the former employer with a certificate of incapacity for work to calculate and pay benefits.

Important

Art. 1 Federal Law No. 255 (dated December 12, 1996) limits the period for transferring sick leave to the employer to 6 months from the date of its closure.

How to fill out an application correctly

There are situations when processing is canceled automatically. Typically this can happen for the following reasons:

upon dismissal due to necessity (downsizing);
upon liquidation or bankruptcy of an organization;
violation by an employee of the provisions of the Labor Code and local company documents (disclosure of trade secrets, inconsistency with the position held, etc.).

In any case, no matter how events develop at the enterprise, the dismissal procedure must be followed in accordance with legal requirements.

The main document on the basis of which an employment relationship is terminated is an application . The application form is not legally approved. The application can be submitted in writing or electronically.

The subordinate must explain the impossibility of 2 weeks of work clearly and clearly, without ambiguous phrases and indicating the exact date of the planned departure.

The content must be compelling and truthful. Your refusal to accept additional obligations must be justified. It is not enough to write the phrase “in connection with a new job” or “due to deterioration in health.” Supporting documents must be attached to the application.

The document is drawn up in 2 copies. One remains with the employee, the second is given personally to the manager or registered at the reception. If the boss refuses to accept the application, you can send it by mail with notification of receipt.

The working days are counted from the moment the application is submitted. It is not the shifts worked that are counted, but calendar days, including weekends, holidays, vacation days, and sick leave. Regardless of whether the subordinate has worked the required period or not, on the last working day the employer must pay wages for the time worked, pay for vacation, provide compensation regulated by the employment contract, and be sure to return the work book.

Attention! A work book is the main document about an employee’s work activity and length of service. Without it, it is difficult for a person to get a new job, so failure to issue a document by a former employer is considered an offense. For each day of retention, material damage is compensated.

Sample application

Legislative acts regulating legal relations in the labor sphere do not contain unified application forms for voluntary dismissal. The employee can fill out the document by hand, while adhering to the following nuances:

in the upper right corner of the form the position and full name of the addressee, as well as the position and full name of the applicant, are indicated;
Below, in the center of the sheet, the name of the document is written - “application”;
further, the employee turns to the management of the organization with a request to dismiss him at his own request, making reference to the relevant article of the Labor Code of the Russian Federation, and indicating the reasons for terminating the Employment contract without working off;
Below is the date the document was drawn up, as well as the signature of the applicant.

Attention

The statement in this case differs from the standard one only by reference to the grounds for dismissal without service.

Example:

“Based on clause 3, article 77 of the Labor Code of the Russian Federation, I ask you to dismiss me from my position at my own request in connection with my retirement on July 30, 2019.”

The right to dismissal granted by the Labor Code of the Russian Federation to pensioners

The law expressly provides that the employer is obliged to sign the employee’s application without the need to work if he has retired. At the same time, it does not matter how long has passed since the employee retired. The right to dismissal at a time convenient for the pensioner remains with him until the end of his life.

A pensioner can confirm his status with a certificate from the pension fund.

It might be interesting!

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Registration of a work book

Based on Government Decree No. 225 of April 16, 2003, an entry in the work book upon termination of the contract is made on the basis of the Order for the dismissal of the employee. Resolution of the Ministry of Labor No. 69 of October 10, 2003 clearly states the procedure for filling out the Work Information section:

Count	Filling rules
1	The serial number of the record is written down
2	The date of the last mark is indicated in the format DD MM YYYY
3	The basis for termination of the contract is prescribed with reference to the relevant article of the Labor Code of the Russian Federation
4	Enter the name of the order and the date of its preparation

The wording of the text written in Column 3 may look like this: “ The employment contract was terminated at the initiative of the employee, paragraph 3, article 77 of the Labor Code of the Russian Federation. ”

Important

All entries in the employee’s work book must be certified by the signature of an authorized person and the seal of the organization. After reading the last entry, the employee also signs and writes down its transcript.

Application for early dismissal due to violation of labor rights

In order to exercise your right to resign without working off in the event of violations committed by the employer, it is necessary to recorded by the inspection authorities. These could be:

labor inspection (LIT);
Labor Dispute Commission (LCC);
court;
trade union.

In any case, an official order to eliminate the violation is required. It does not matter whether the person leaving was harmed by the company’s actions or not.

IMPORTANT!
At the time of filing the application, there must be a document documenting the employer’s violations.

If the basis for early termination of cooperation was the employer’s unlawful behavior, the application must certainly indicate this. Moreover: it is better to specify the misconduct committed by the employer. In this case, the employer is obliged to dismiss the employee on the date specified in the application.

Payments upon dismissal at one's own request

On the last working day, the dismissed employee is paid settlement payments, which contain:

Wages for actual time worked.
Compensation for unused vacation days.
Other payments provided for by the internal documents of the enterprise.

It is necessary to pay attention to the fact that cash payments are made on the employee’s last working day, and not on the date of dismissal; wages and compensation payments must be received on the card on the day of termination of the employment relationship.

Veiled dismissal in one day

In addition to the agreement reached during negotiations with the employer, an employee can formally avoid working days, using the rules according to which the period of absence from the workplace does not delay the termination period:

Annual leave. An employee has the right, if there are remaining days of main or additional vacation, to write a statement on the “two in one” principle: using the vacation period with a smooth transition to termination of the relationship. The employee also has the right, while on vacation, to send a corresponding letter of resignation and resign without returning to work duties.
Temporary disability sheet. Going on sick leave, including caring for a sick relative, if the employee expresses his desire to separate, is not an obstacle to terminating an individual contract, which gives the right to dismissal without working at his own request.

Gross violation of labor duties by an employee

On his own initiative, an employee can quit in one day if management violates the terms of payment of wages and all components (vacation pay, sick leave, bonuses) or violates labor standards that require evidence (lack of workplace equipment, overtime overtime, etc.). The employer also has the right to part with an unwanted employee during the day. Gross violation of labor discipline and repeated neglect of functional duties do not provide for a period of detention.

Dismissal without work for a disabled person

Termination of an employment contract with disabled people of groups 2 and 3 occurs according to the standard algorithm. The current legislation does not provide for privileges for such employees.

Important

Disabled persons of the 1st non-working group have the right to expect dismissal “on the same day” if they have documents confirming their inability to continue working.

In such cases, the employment contract must be terminated after the provision of a certificate of incapacity for work or the conclusion of a medical commission. The employer must first offer the employee a transfer to another position that meets medical requirements, if any.

More information about terminating an employment relationship without working with a disabled person can be found here.

Why is training needed?

The working period is provided to:

the employee had the opportunity to change his mind if the application was written rashly;
the employer has selected a replacement for the vacant workplace;
the employee managed to transfer his affairs to the new employee;
there was time for an audit, an act of transfer of affairs and material assets, if we are talking about a financially responsible employee.

This is also important to know:
Dismissal from the company by transfer: what the employee and the employer need to know about

These reasons explain the difference in terms of working out. A temporary or seasonal worker usually does not need to transfer anything and it is easier to find a candidate for such a position, since the requirements are usually minimal.

Probationary employees can leave within 3 days if they are not satisfied with the work.

It will take at least 1 month to fire a manager and transfer affairs to them.

The Labor Code provides several options for how to quit without working for two weeks.

Dismissal without service for a pensioner

Termination of an employment contract with pensioners has a number of nuances:

In cases where the statement “retirement” is indicated as a reason for dismissal, the employee has the right not to work the 2 weeks required by law.
Due to insufficient coverage of this issue in the current legislative acts, some employers are of the following opinion: if the employee’s work book already contains an entry about the termination of the employment contract for this reason, the pensioner is deprived of the right to dismiss without service.
Attention
It should be noted that judicial practice in such cases is quite contradictory, however, based on the explanations of Rostrud, the following conclusion can be drawn: in order to avoid conflict situations and litigation, the employer should dismiss pensioners without working off, regardless of the entries in the work book.

Otherwise, the procedure for dismissing a pensioner does not differ from standard cases, however, the wording of the entry in the work book is as follows: “ The employment contract was terminated at the initiative of work in connection with retirement, paragraph 3, article 77 of the Labor Code of the Russian Federation .”

How are pensioners fired?

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

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

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

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

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

Dismissal without probationary period

According to Article 71 of the Labor Code of the Russian Federation, an employee on a probationary period must notify the employer of his intention to terminate the contractual relationship no later than 3 days before the expected date.

Attention

It should be noted that the contract in such cases must contain a note about the probationary period and its duration, otherwise the employee will have to work a full two weeks.

Despite the fact that an employee is entitled to vacation only 6 months after being hired, the employee has the right to count on using the rest days accumulated during the work period before terminating the employment contract.

The category of citizens in question can resign without service even if they have a certificate of incapacity for work. The procedure for terminating an employment relationship otherwise has no special features.

More information about how an employee on a probationary period can resign without working out can be found here.

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

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

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

You can also not work for 2 weeks while on sick leave - with subsequent termination of cooperation. Only in this case, in addition to the application, you must provide a sick leave certificate.

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

What to do if your boss won’t let you leave work without working for two weeks

If there are good reasons for dismissal without service, the employer does not have the right to deny this right to the employee. In practice, such situations occur frequently. In this case, it is better to contact the trade union or the Labor Commission. If an employee still wants to come to a peaceful solution, he can offer a replacement in his place. If the employer is satisfied with this option, the employment contract can be terminated on the day the application is signed. If it is not possible to reach a consensus, you will have to move to higher authorities.

For example, to the labor inspectorate. This government agency accepts applications, both in person and by mail, electronically. You need to “snitch” to the inspectorate of the region in which the company is registered.

As a last resort, you should write a statement to the court. The proceedings may last several months. If we are talking about self-defense of labor rights, then these measures will be justified. After a decision is made in favor of the plaintiff, the employer is obliged to reinstate the former employee, calculate and pay him compensation for downtime.

Procedure for completing and submitting an application

The Labor Code implies the possibility of dismissal on one’s own initiative for any officially employed employee (Article 77 of the Labor Code of the Russian Federation). This means that you can leave at will from any place of work and any position. Each person has to write a request for care on any day:

in the process of training in a new workplace;
on a probationary period in a new company;
during illness (on sick leave);
during vacation.

An employer cannot retain an employee if he decides to terminate the employment relationship. In this case, the sequence of actions provided for by labor legislation must be observed, and the application for dismissal must be submitted in writing. In the absence of a written statement, missing work is considered absenteeism, which leads to corresponding consequences.

Terms and exceptions

Article 80 of the Labor Code obliges the employee to warn the employer in advance in writing about the desire to interrupt his employment. In most cases, the employer must be notified two weeks (14 calendar days) in advance. As an exception, the notice period for the employer may be changed from 3 days to a month. Exceptions to the general rule:

For employees whose employment is seasonal, the deadline for submitting an application for dismissal is three days (Article 296 of the Labor Code).
The same period (3 days) is established for dismissal if the employee decides to leave the place of work before the end of the probationary period (Article 71 of the Labor Code of the Russian Federation).
Dismissal within 3 days is also available for those whose contract period does not exceed 2 months. In other words, Article 292 of the Labor Code of the Russian Federation allows you to notify the employer of dismissal in 3 days instead of two weeks, if the length of service at the new place of work does not exceed two months.
For athletes and their coaches, if the contract period has already exceeded 4 months, the application period is one month. This period may be further extended under the terms of the employment contract.
An extended period of 1 month is established for employees holding the position of company managers.

The Labor Code does not force people to work for a certain period of time after filing an application, but only regulates the timing of its submission. The company cannot refuse to dismiss an employee if the application was completed correctly and written on time. If this is not done, missing work may be considered absenteeism. In this case, the employer has the right to make appropriate notes in the work book, and in case of a malicious violation, to dismiss the employee under the article of the Labor Code of the Russian Federation.

Contents of the document

It’s not difficult to fill out a letter of resignation—it’s enough to know the basic rules of business correspondence. After receiving an application from an employee, the employer must sign the paper within the period prescribed by law.

After this, a dismissal order is issued, and the former employee of the company can consider himself free from labor obligations.

The general structure of the statement is as follows:

The “header” of the document, located in the upper right part of the sheet.
Title of the document.
The body of the application is a request for dismissal.
Final part.

The applicant's signature must be present at the bottom of the application. There are no difficulties in writing a document, but you need to follow the specified structure of the letter. Also, the statement should not have gaps in semantic content. The document must include the following information:

Last name, first name and patronymic of the employee who wants to resign.
Request for dismissal in free form.
Date of termination of employment and termination of the contract. The date is indicated by the employee himself, taking into account the minimum period of 14 days.
Name of the organization and information about the employer with whom it is planned to terminate the employment relationship.

It should be noted that the application does not require you to write about the reasons for your decision.

The main semantic part of the statement fits into one phrase: “I ask you to dismiss me on (date, month, year) of your own free will.” Whether or not to explain your motives to your superiors is a personal matter.

Which article of the Labor Code of the Russian Federation regulates working out 2 weeks upon dismissal in 2021 - 2021

Probably every working person knows about such a stage of dismissal as working off.
It is worth noting that the concept of working off is not given in the legislation. It is often confused with the employer’s warning period about upcoming dismissal. Following Art. 80 of the Labor Code of the Russian Federation, an employee is obliged to inform the employer in writing about his decision to leave 14 calendar days before the date of dismissal. But the Labor Code of the Russian Federation does not indicate that an employee is required to work on these days. Having decided to change jobs, a person may wonder: is it possible to leave without working? The answer to this can be found in Art. 80 of the Labor Code, as well as the established practice of personnel officers and courts.

ConsultantPlus experts spoke in detail about the procedure for working out upon dismissal of one's own free will. Get trial access to the K+ system and upgrade to the Ready Solution for free.

How to quickly quit without work, without a good reason

An employee is not required to work if management has violated the requirements of the Labor Code. Non-payment or delay of wages is not such. In such a situation, it is worth writing a complaint to the trade union or labor commission. The competent authority conducts an inspection based on the results of which a decision is made. If a violation is detected, the employer will pay a fine.

The best option is if the subordinate and the employer agree on dismissal by agreement of the parties. The Labor Code does not stipulate mandatory work-out or immediate termination of cooperation in such situations. The parties independently agree on the conditions for severing the employment relationship. Even if you do not have a good relationship with management, you should not abandon this method of severing labor relations. As practice shows, not every director will want to tolerate an unpleasant person on his staff.

Management often makes a big mistake if an employee leaves by agreement of the parties. They require a letter of resignation. This document is not needed, since the initiative can come from management. Employers are also trying to change the conditions of dismissal: they force them to submit a report, complete a series of assignments, or work for several days. These actions are also illegal.

Last day of work

Employees who want to resign often forget to indicate in their application the desired date of leaving work. In this case, the employer can decide for himself how many days to work when leaving at his own request. The day of dismissal almost always coincides with the last day after filing the application.

The employer is unlikely to indicate a different period unless there are personal agreements with the subordinate. The company has no right to force you to work more than expected. Dismissal before the end of the 14-day period may be considered a violation of the employee's right to withdraw his or her resignation before the last day of work at the current place.

Working days begin to be counted from the moment the application is submitted. Weekends, holidays and sick days are also considered: the employee continues to remain in an employment relationship, the contract is valid, the period is counted. The last day of work indicated in the application may also be a day off - the Labor Code does not prohibit layoffs on weekends.

From the moment the application is submitted until the last working day, the employee must perform his job duties as usual.
All time worked will be paid in full along with any unused vacation time. On the last day of work, the following actions occur:

The employee is given a work book and a payslip.
Recently, companies have also been issuing a 2-NDFL certificate. If the company does not provide it itself, then it is advisable to ask for it and pick it up, since this document will be useful in the future.
A full financial settlement is made.
The dismissal order comes into force and the employment contract is terminated.
The employee's personal file is closed.

If the last day of work falls on a weekend, the employee is paid on the next working day.
All documents are given immediately; for their receipt you need to sign in a special log book. When receiving a financial calculation, you should take into account: if the full vacation is 28 days, then a month of work is counted as 2 days of vacation. Consequently, six months of work without vacation will be paid upon dismissal, as 14 days of vacation. Partial vacation days are rounded up to full days and paid accordingly. After receiving the calculation and documents, the employee can consider himself free from labor obligations.