When exactly can you write a letter of resignation for family reasons without working off?

You shouldn’t expect that problems at home will save you from working at a boring job. There is a fairly narrow list of reasons that will be grounds for dismissal on this occasion.

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A citizen who decides to resign is obliged to notify the management of his company about this. This item was established in the Labor Code to avoid production downtime. It is assumed that within two weeks, the employer will have time to find a replacement for the departing specialist.

As for the second party, that is, the employee himself, not everyone is happy with the prospect of working for another two weeks. Especially when you consider that the law identifies certain categories of persons who will not work.

The grounds for immediate termination of relations with the company are listed in the Labor Code, among them it is stated that citizens can file for dismissal for family reasons without working off.

Family circumstances with which you can leave immediately

The concept of “working off” is not fixed in any way in the Labor Code; in essence, it is simply dismissal with a warning. In fact, the employee continues to work for another two weeks, and the period itself is also not permanent.

The Code provides for different time intervals between notice of resignation and actual termination of work. Each of the established possible working periods is tied to the situation in which the employee currently finds himself.

Deadlines:

Reason for leaving

There is Article 80 of the Labor Code of the Russian Federation, which details the reasons for leaving at will. The most common reasons include:

1. Relocation of an employee to another location.
2. Forced relocation.
3. Caring for the sick and disabled, in this case management may require proof of relationship.

Only these three reasons are valid for dismissal. After establishing the reason, the employee must work for two weeks and only then receive the relevant documents in hand.

Who leaves immediately

In general, persons who have confirmed the presence of the grounds listed in the Labor Code, which are an exception to the established rule, leave without work.

The reasons are as follows:

• the decision to change the status of an employee to a pensioner - upon reaching the appropriate age
• long-term illness, work injury
• enrollment in a full-time department of an educational institution
• a number of other reasons.

In addition, there are persons whose status also allows them to resign on the same day, without working off:

• disabled people, including those who are in the process of registering a group
• a seriously ill employee who will undergo treatment and recovery
• persons who have lost their ability to work
• pensioners, including those who are just applying for this status
• women after childbirth who intend to stay with the child longer than the minimum period
• parents who have a child in need of special care and supervision
• persons with a disabled minor child
• a citizen who has received an appointment in another place, district, city, etc.
• family members of the employee who received the assignment (in particular, the husband or wife)
• citizens who decide to change their place of permanent residence - another city, republic, country
• a person who cares for an elderly or sick relative.

Exceptions to the rule also include:

• laid-off workers
• employees who leave due to company liquidation
• persons resigning by agreement of the parties.

The last three categories differ in that dismissal occurs at the initiative of the employer, including dismissal due to liquidation of the enterprise.

Look, a sample 2021 statement of claim for divorce with children. Is maternity capital divided between spouses during a divorce? Find it at the link.

Removal of a serviceman

Every member of the armed forces is a person not subject to civil law. Such people are subject only to Federal Duty and Service Laws. Article 51 states that a military personnel has the right to retire for family reasons only for certain reasons, for example:

1. It is not possible to live in a certain area due to unsuitable climate for the employee or his family. This reason must be documented with all medical certificates. In addition, the employee must be transferred to a place with a suitable climate.
2. Transfer of one of the family members to a new place.
3. It is necessary to care for a sick family member. This fact is verified and a medical examination is carried out.
4. Caring for a small child. This is the case if the service member is the sole caregiver.

In addition to these reasons, there are other grounds provided for by law, and these include: breach of contract, health problems. These are valid reasons to terminate your service. The serviceman draws up a report in which he indicates all the reasons for early departure with evidence.

Valid reasons (for family reasons and not only)

The Labor Code lists the reasons for which you have the right to leave without warning:

• decree
• if a child is sick
• there is a child in the family who is disabled and needs care and supervision (until he reaches adulthood)
• transfer to another location
• moving
• providing care and assistance to a sick or elderly relative.

These reasons arise in the family and immediate environment of the employee, and they are considered sufficient grounds for obtaining the privilege - if you want to leave work immediately, without violating anything.

Release from position without service

The employee must explain the reason for his dismissal before writing a statement. If there is no compelling argument, then there is the opportunity to simply come to an agreement with your superiors and leave without working out. Such dismissal is considered legal and complies with the Labor Code. The process itself takes place under Article 77 of the Labor Code of the Russian Federation, in which there are certain circumstances, for example: agreement of the parties, the employment contract has expired, the employee’s wishes are taken into account, in this case he must indicate in writing the reason for his departure.

The manager has no right to lay off an employee without reason. Since Article 81 of the Labor Code of the Russian Federation states that this requires compelling reasons that are documented. Another reason for leaving at your own request may be a transfer to another place of work; for this, management must give written permission . But besides this, an employee can quit because management has changed working conditions.

But there are times when working out is not required. This number includes people who retire, go to school or move to another area. In these cases, it is not enough to write a statement; you also need to attach documents that confirm these reasons.

What documents are needed for dismissal for family reasons without working off?

If you have to quit for reasons in the first of three groups, then simply reporting problems in the family will not be enough. You must attach the relevant documents to your application (if for the same reasons an agreement was concluded with management, then a certificate will not be needed).

If dismissal occurs due to illness, then the following paperwork should be completed:

• extract from the medical history
• conclusion of the medical commission
• certificate from VTEK.

When resigning on the same day, you need to remember that you will not be able to withdraw your application - this right arises during the working period.

Family circumstances have a peculiarity - not all problems at home will be a sufficient reason for refusing to work. Moreover, not every problem will become an opportunity for dismissal at all.

Sample letter of resignation

Writing a letter of resignation does not follow any strict forms. The application itself can be written freely, but it is worth following the standards for writing documents.

In order for the application to be completed correctly, you will need:

• Indicate in the header of the application both the position of the manager and his full name, as well as the legal name of the organization. You will also need to indicate the position you are in and your full name;
• In the body of the application itself, which is the informational part, you will need to briefly and reasonably express your desire to resign. That is, you will need to provide the reason for dismissal as an argument. Remember that if the issue of working off is quite acute, it is necessary to mention that you are asking to be fired without working off , possibly indicating a specific date of dismissal ;
• As evidence and arguments, indicate Art. 80 of the Labor Code of the Russian Federation, and also list which documents or copies thereof were attached to the application .

application for dismissal for family reasons you can just below to rewrite it according to your circumstances. However, in the event of conflicts, we strongly recommend that you seek advice from a lawyer directly on our website . In this case, you will receive qualified assistance on your issue right now.

Sample letter of resignation for family reasons in .doc format

Other good reasons

The reasons may lie in the state of health of the employee himself, his status:

• receipt of disability, while the employee will not be able to continue working as before
• a disease after which a person will no longer be able to work as before; in this case, you can submit an application while at home; the last day of sick leave will be the day of termination of the relationship; in this case, an agreement between the parties is also possible
• a disease that requires a long treatment process
• loss of ability to work, especially if as a result of a work injury, in which the person will need help and care
• change of status - when applying for a pension, or if the employee decides to retire.

Dismissal procedure

Termination of a contract due to family circumstances is carried out in accordance with the general procedure. In such a situation, you need to follow the standard scheme:

1. The employee submits an application or signs an agreement with the head of the company.
2. Formation of a dismissal order, familiarization with it to the employee and transmission to the structural units involved in the process.
3. If necessary, work out the established two-week period.
4. On the last working day, the employee is given the required payments, work book and other documentation that may be needed for subsequent employment.

Care at the initiative of the employee (according to the Labor Code of the Russian Federation, but without 2 weeks)

You can resign immediately and completely regardless of family circumstances:

• if, when applying for a job, you include in the contract a clause about the possibility of terminating the relationship on one day
• During the work process, it becomes clear that the contract is not being respected and the civil rights of employees are being violated
• upon successful completion of university
• if the company goes into liquidation
• staff reductions are taking place
• and also if you constantly violate the contract yourself.

The following are recognized as sufficiently valid reasons:

• moving, even within the city, if getting there is completely inconvenient
• going abroad
• caring for a disabled child (until he is 19 years old)
• providing assistance to a spouse or relative who has a newborn if she is sick and unable to fully care for the baby
• also for looking after a grandson, for example, if he starts studying at school.

For these reasons, dismissal without work is possible; other options will most likely lead to the need to stay at work for another two weeks.

Features of drawing up an application

An employee’s application is the main document on the basis of which dismissal is carried out. If the termination of the employment agreement is carried out on the basis of family circumstances, when drawing up the application, you need to take into account these provisions:

• The requirement for dismissal without service should be indicated. For example, this could be the following text: “I ask you to terminate the employment contract without mandatory service.”
• It is important to indicate the reason why the dismissal will be carried out without working off. For example, it could be a relative’s illness or a move. It is recommended to attach a supporting document to the application.
• It is necessary to provide a list of attached documents. If multiple copies are attached, you must indicate the number of copies.

The rest of the application is drawn up according to the standard form.

Question: Is it legal to grant unpaid leave for family reasons without specifying the reasons for its provision? View answer

How to write a report?

The report should be drawn up in writing, in two copies. One document is handed over to the commander for registration, and on the second a note is made indicating acceptance of the document for consideration. All attachments must be attached to the report with a description in the main document of their quantity, date of compilation and names.

If the soldier was not provided with housing at the time of discharge, he may mention this fact in the report. In this case, the military man remains on the waiting list for housing, despite the termination of his service. But such a decision based on Art. 15 and art. 15.1 of the Law “On the Status of Military Personnel” can be adopted only if there is 10 years of service or more.

Refusal to accept a report is illegal. If they refuse to accept it, you can send the papers by mail by certified mail with acknowledgment of receipt, indicating the address of the part. In this case, you need to make an inventory of the investment.

If a serviceman has several reasons for dismissal, he must choose one of them, for example, the need to care for a minor family member, and indicate it in the report. It is important to remember that this basis will require documentary evidence of the selected basis.

According to paragraph 116 of the Disciplinary Charter of the Armed Forces of the Russian Federation (approved by Decree of the President of the Russian Federation of November 10, 2007 N 1495), the period for considering a report and making a decision on it should not exceed 30 days.

Extension of this period by another 30 days is possible only if it is necessary to verify the authenticity of the documents. In this case, the submitter must be notified of the postponement.

The reasons for the dismissal of a military man can be different. On our websites you can read about dismissal due to general malpractice, for non-compliance with the terms of the contract, due to loss of trust, at the end of the contract. You can also familiarize yourself with the age limit for being in service.

All due payments

Any employee has the right to resign at specified intervals, either by agreement of the parties or on his own initiative. It is worth remembering that additional privileges cannot be provided unless otherwise stated in the agreement.

The final calculation is made as follows:

1. payment of final wages for hours worked;
2. compensation for unused vacation periods;
3. severance pay, if eligible. This is regulated by internal regulations;
4. bonuses and other payments, if they are specified in the current collective agreement.

In accordance with Article 140 of the Labor Code of Russia, full payment must be made on the last working day. If he is absent at this time, he is notified of the need to visit the employer and obtain funds and documentation.

Rules to follow

Dismissal of an employee for family reasons is similar to the procedure for leaving on the employee’s own initiative.

Algorithm of actions:

1. notify the employer of the desire to terminate the contract. An application is written to the management with an argument for the reason for leaving the place of employment;
2. agreement on the expiration date of the contract. Done at the time management marks the employee’s application;
3. issuance of the relevant order is done by the personnel service;
4. familiarization of the employee with documents. The personnel officer introduces the employee and management to the submitted order;
5. The final payment is made and the necessary package of certificates is issued. It is considered the final part, which is carried out at the last moment.

Payments to employees who resign at their own request

When terminating an employment contract with an employer, each employee must receive the due payments, regardless of who initiated the severance of the employment relationship and what caused this decision. Mandatory payments are the following accruals:

• The person’s salary for the last working period, which has not yet been paid by the employer;
• Financial compensation for vacation that a citizen did not have time to take while working;
• Severance pay to citizens, if provided for by the organization’s local documents. Some employers, for example, approve such accruals for citizens leaving due to retirement.

Cash issuance or transfer to a person’s bank card is made on the day of dismissal from the organization. If a person is absent from the company on a set date, the employer is obliged to notify the citizen of the need to receive funds in writing to his email or home address. In the event that a former employee, for good reason, is unable to come to the organization to receive an employment document and payments, he can give the employer personal written consent to transfer them using Russian Post.
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Errors made during registration

To terminate the contract without working out, you must provide valid reasons and documents. When registering, an employee may make mistakes:

• There are no documents confirming the occurrence of family circumstances requiring urgent termination of the contract.
• The application does not indicate the reason and desired date of dismissal.

The date of termination of the contract must be endorsed by the manager.

Question No. 1. What to do in a situation where there is no possibility of personal presence during dismissal, for example, in case of illness?

An employee who is unable to obtain a paycheck, work book and income certificates submits an application to the personnel authority with a request to send documents by registered mail and funds to a personal account.