How to write a letter of resignation without work

Legal relations in the sphere of the use of hired labor in Russia are regulated by the Labor Code (LC), special laws applied in certain areas of human activity.

A contract is considered a legal fact that creates, establishes rights and assigns specific responsibilities to participants in labor relations.

In accordance with the Labor Code of the Russian Federation, the work of each person used within the framework of labor relations must be preceded by an employment contract, which must be drawn up in writing. In another situation, labor relations may be recognized as having been established in violation of the basic principles of the right to work on the part of the employer.

Under an employment contract, each party to legal relations in the sphere of labor assumes certain responsibilities and, at the same time, is endowed with rights provided for both by the terms of the employment agreement itself and by the generally accepted norms of the Labor Code of the Russian Federation.

General procedure for dismissing an employee

• An employee who decides to resign must submit an application to the HR department
• By agreement with the employer, the period of service or lack thereof is prescribed.
• You can change your mind about quitting on any day, including the last
• It is also important that you need to take into account that the employee has the right to take leave, with subsequent dismissal
• The next step is to issue a dismissal order and sign it from the person being dismissed.
• It is mandatory to issue a certificate in form 2NDFL for two years, as well as SZVM and SZV-STAZH
• An entry is also made in the employee’s personal card
• Accounting calculates cash
• A work book is issued with a record of dismissal, indicating the grounds

One of the most common is voluntary dismissal.

Obligation to work 14 days by law

Article 80 of the Labor Code of the Russian Federation provides for the possibility of termination by an employee of an employment agreement on his own initiative.
The worker must notify the employer of his intention to leave his position in writing (by submitting an application) no later than 2 weeks before the complete cessation of work at the enterprise. A period of 14 days is necessary for the employer to find a new specialist who will replace the resigned employee in the workplace.

Therefore, in most cases, employees have to work the legal 2 weeks, even if they have no desire to do so. In order to avoid troubles and disagreements with the employer, it is advisable for those wishing to resign to independently choose a suitable date, two weeks before which they will submit their resignation letter.

If an employee submits an application on the same day, he will be required to work for the next 2 weeks (if he does not have compelling reasons for dismissal from his position without working for two weeks).

Dismissal of one's own free will without work

There are always exceptions to every rule; when leaving voluntarily, there are cases when a person is allowed not to work the required two weeks, these include:

• Inability to continue working due to enrollment in a higher education institution as a full-time student
• Retirement age and retirement
• Due to violation of labor regulations at the enterprise
• Direction or independent desire to move to a new place of residence, and, accordingly, work
• Due to the transfer of the husband or wife to another area, for example military
• Due to medical conditions
• Due to the need to care for a disabled child or incapacitated family member

Important!! Pregnant women, pensioners and mothers with children under fourteen years of age can also resign without working at their own request.

Who is not required to work two weeks?

In some cases, the law provides for the dismissal of an employee without two weeks of work.

So Art. 81 of the Labor Code of the Russian Federation contains a complete list of cases when an employee has the right to leave his position at his own request on the same day, such situations include:

• enrollment as a full-time student at a university (or any undergraduate or graduate educational institution), which makes it impossible to go to work;
• employee retirement;
• violation by an employee of labor legislation (local acts, collective agreement);
• moving to another area due to a change of job by the spouse (for example, abroad);
• medical indications making it impossible to continue working in the same place;
• the need to provide care for a seriously ill family member, a disabled child or a child under 14 years of age;
• failure by the boss to comply with labor legislation, labor or collective agreements.

Among other things, pregnant women, pensioners, adoptive parents and mothers with children under the age of 14 have the right to dismissal without service.

There are also situations when an employee can quit his job within 3 days, this is possible:

• on probation (in accordance with Article 71 of the Labor Code of the Russian Federation);
• when concluding an employment contract for a period of less than 2 months (in accordance with Article 292 of the Labor Code of the Russian Federation);
• provided that the employee performs seasonal work (in accordance with Article 296 of the Labor Code of the Russian Federation).

An employee can be considered a seasonal worker only if this fact was specified in the employment contract. Otherwise, he will still have to work for the next 2 weeks. To avoid such troubles, people applying for seasonal work should check their employment contract to see if it contains the appropriate note.

Application for resignation of one's own free will without work

In order to resign without work, as in other circumstances, an employee must submit an application addressed to the director of the enterprise, indicating his last name, first name, patronymic, as well as his position, formulating his dismissal as follows:

“I ask you to dismiss me at my own request without two weeks of work for a reason...” Indicate for what reason. In some cases, the employer may require proof of the reasons for your dismissal, for example, a conclusion from a medical commission, or a certificate from your place of service about relocation.

How to make an application correctly?

How to correctly write a letter of resignation without service? There is nothing complicated here! It is advisable to write the application on the company’s letterhead, but if one is not available, you can use a regular sheet of paper.

If an employee wishes to leave his place of work without working, this point should also be indicated in the text of the application.

At the top of the document indicate the position and initials of the employee accepting the application, the full name of the employing organization, as well as the initials and position of the employee submitting the application. In the text of the application, the employee must indicate the request and the reason why the employer should dismiss him on a certain day. Next, you need to mention a list of documents confirming the existence of a reason for dismissal without work.

If it was decided to dismiss an employee without working by agreement of the parties, the details of this agreement can be indicated in the application. After the preparation of the main text is completed, the employee will have to indicate the date the document was written and sign.

The procedure for making an entry in the work book

An entry about dismissal is made in the work book on the day of dismissal, referring to the paragraph of the Law with the wording “The employment contract is terminated at the initiative of the employee.”

Give the work book to the employee against signature in it and in the journal for registering the movement of books, and also note it in the personal card.

Basic rules for dismissal

The Labor Code of the Russian Federation establishes the need to comply with a number of conditions for a person wishing to quit his job.
Yes, Art. 80 indicates that if there is an employment contract, an employee who wishes to apply for resignation of his own free will must do so 2 weeks before the proposed event. The Code establishes the employee’s right to withdraw his application within a specified period of time. The document itself is drawn up in writing in any form subject to a number of mandatory conditions.

It states:

• Full name of the head of the structure in whose name the application is submitted and the name of the enterprise itself.
• Full name and position of the applicant.
• Title of the document.
• A request to terminate the employment contract at your own request, indicating the reason (for example, an upcoming move) and the date of termination of the employment relationship.
• Applicant's signature with transcript.
• Date of document creation.

Expert commentary

Platonov Alexander

Lawyer

If there is a personnel department, the application is submitted to this department. In his absence - to the head of the enterprise or other responsible person in accordance with internal regulations. To terminate the contract, an Order from the head of the enterprise is formed. According to the standards, the day of dismissal is considered the last of the working days required to work 2 weeks.

There are several legal ways to avoid detention. The easiest way is to reach an agreement with management. If there is a replacement for an employee and his departure will not affect the productivity of the enterprise, then the management team will sometimes accommodate. The law does not prevent dismissal by agreement between the parties. But there is not always a need for an agreement.

In some cases, labor legislation allows you to terminate a contract without the specified work:

• An employee of an enterprise receives the right to retire and decides to use it.
• The employee is enrolled in a higher or secondary educational institution in full-time education.
• There is evidence that the employer has violated the terms of the employment contract (for example, he does not pay wages on time).
• A court verdict restricting his freedom comes into force against the employee.
• The former employee is reinstated to his position (by court or voluntarily).
• If the medical commission concludes that the employee’s health condition does not allow him to perform professional duties.
• When an employee is removed from duty by a court or other competent authority, approving disqualification or administrative punishment.
• Provided that the employee has lost the right to access state secrets, and its presence is necessary for the performance of professional duties.
• When one of the parties (the employer or the employee himself) is declared missing by court or deceased.
• If the employee has been deprived of a license for a period of more than 2 months, and its presence is necessary to perform professional duties.

Provided that an agreement is reached between the parties, the employee receives the right to dismissal on the date indicated in the application.

The following are used as possible grounds for reducing the working period:

• The need to urgently move to another locality (for example, when a spouse is transferred to another position or due to serious problems in the family).
• Doctors issued recommendations ordering the employee to leave the region of residence as unfavorable due to existing illnesses of the employee.
• Circumstances in the employee’s family have developed in such a way that his constant presence is required with a disabled child or other seriously ill family member.
• Working in hazardous work contributes to the progression of an employee’s existing disease.
• The employee will have to be employed in another structure, which must be carried out as soon as possible.
• The resignation was submitted by a woman who presented a certificate of pregnancy.

Expert commentary

Kamensky Yuri

Lawyer

These reasons are always considered on an individual basis. Satisfying such requests is not always the employer’s responsibility. In some cases, this is his right. And if official written consent to dismissal without work has not been received, and the citizen does not show up to his workplace, this act will be regarded as absenteeism and punishable under Art. 192 Labor Code of the Russian Federation.

Even if the employee’s situation does not fall under any of the reasons and the employer does not give permission for dismissal without work, there is another legal way to avoid it - to issue a sick leave.

Calculation of vacation compensation upon termination of an employment contract

To correctly calculate compensation, an accountant needs to know:

• The exact number of days for which it is due, namely, for each month worked, there are two days of vacation
• Average earnings per day

To calculate average earnings, you need the total income for the past year/calendar days for the billing period,

If the dismissed person worked for less than a month, then this month is excluded from the calculation, and only whole months are taken.

Thus, if an accountant has worked for one calendar year, he has 28 days of vacation left.

Let's make the calculation:

(Number of calendar days of the month – days not included in the calculation)*29.3/ number of calendar days of the month

So if your earnings were 460,000/264=1742 rubles per day

Then 1742R. *28 days, we get 48787 (VACATOR COMPENSATION)

An income tax of 13% is also paid on vacation compensation, it will be 6342, the total payable will be 42445

Terms for which an employment contract can be concluded

Fixed-term and open-ended employment contracts.

Labor relations, regardless of their duration, due to the objective development of the world, have their beginning and end someday. However, taking into account the specifics of labor relations and their importance for ensuring human life, the Russian legislator has taken the path of providing the maximum guarantee to every citizen of the right to work, without limiting labor activity to a time frame.

In Russian labor law, both in science and as an institution of legal relations, there is a presumption of uncertainty in the period for establishing labor relations between the parties to the labor process: the employee on the one hand and the employer on the other.

Thus, Russian legislation has placed at the forefront of labor relations the free expression of the will of the employee - a party to the employment contract - for an unlimited period of his stay in labor relations and the possibility of terminating such relations voluntarily.

In turn, the employer is endowed by the Labor Code of the Russian Federation with the possibility of severing labor relations with an employee only if there are certain grounds that are provided for by law.

At the same time, Article 58 of the Labor Code of the Russian Federation provides for the possibility of concluding a contract with an employee for a specific period, which should not be more than 5 years. Federal legislation may determine other validity periods of employment contracts.

The conditions under which it is possible to enter into labor obligations for a specifically defined period are prescribed in Article 59 of the Labor Code.

Thus, the ability to conclude labor agreements, indicating their end date or the duration of the parties’ stay in such relations, is, in essence, an exception to the general rule of constructing labor relations in Russia.

Vacation and subsequent dismissal

This option can be considered a way to quit without working out.

The employee needs to do the following:

• agree at least verbally with the boss;
• submit a petition by writing an application to the police department (Ministry of Internal Affairs) to be sent on leave, indicating there that he will then resign;
• leave while he is resting, the accounting department will make the calculation and then pay the employee.

Now the last working day of a resigning employee will be considered the end of his vacation.

Important: this option is only suitable for those who have unused vacation days “in reserve”. Then he will not receive compensation for them.

Employer obligations

By law, the head of any organization is obliged to dismiss an employee without requiring him to work for two weeks, if the latter draws up and provides him with an application containing a request for this.

However, there are several cases when one statement is not enough and some more documents are needed to confirm that the severance of business relations should indeed take place without work.

The type of such additional documents directly depends on the reason for which the employee stops working.

For example, if an employee has a relative who is disabled, then a medical certificate must also be attached to the application.

If dismissal occurs due to pregnancy or change of residence due to unsatisfactory health conditions, a doctor’s certificate will also be required. If the employee’s husband or wife has been reassigned to a new place of work located abroad, then his/her employer must provide you with a document confirming this fact.

REFERENCE: If the application indicates a specific reason for leaving the workplace, which by law implies the absence of a working period, and also requires confirmation with the help of any documents, but the employer does not receive them, then he cannot dismiss the employee on the basis of one application.

Thus, when writing an application to terminate an employment contract without work on the initiative of the employee, the main thing is to correctly formulate the reason for dismissal and indicate a specific legislative act confirming the legality of these actions. Also, do not forget about the structure of the document and indicate only reliable information in it. Thanks to the article, you have become acquainted with samples of applications for dismissal with and without service at your own request. We hope they will be useful to you!

Methods of dismissal without work

Labor legislation quite clearly sets out the circumstances under which an employee can leave his place of work early. However, in addition to legislative methods of dismissal, there are other methods to avoid working off. They all depend on life situations and relationships with superiors.

By agreement of the parties

The fastest way to be released from labor duties is by agreement of the parties. This method is prescribed in Art. 77 of the Labor Code of the Russian Federation and implies the conclusion of a settlement agreement with the employer. Through an agreement, it is possible to transfer to another place of work, as well as complete release from work duties if both parties to the employment relationship agree.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The agreement is made in writing. The document is signed by all participants in the relationship (director and employee) and must be drawn up in two forms for each party.

The dismissal process consists of the following steps:

• signing an agreement;
• submitting an application and affixing a management visa;
• execution of the order by the personnel department and its signing by the dismissed person;
• putting a mark in the labor report;
• calculation of the dismissed person.

There is no need to explain the circumstances of the termination of work. However, if the dismissal occurred for one of the reasons reflected in Art. 80 of the Labor Code, you must provide a link to this norm.

When leaving a job on the initiative of an employee, payment of dismissal benefits is not made.

The process of dismissal through transfer is as follows

1. Coordination with employers - the employee needs to find a new job, and then coordinate the transition with the management of both enterprises.
2. A letter is sent to the current employer from the new employer with a request to release the employee from duties with further transfer. The letter indicates the day of settlement and the grounds for it.
3. If there are no objections from management, the request is granted, the application is signed, and the employee, having received a work book, can begin a new activity.

This is important to know: Letter of resignation from a director to the founder: sample 2021

In this way, a specialist can quit instantly, without a two-week delay. At the same time, it is worth considering some nuances:

• the papers reflect the clause on the employee’s familiarization with the transfer process, as well as consent to the procedure;
• the statement contains the definition “Dismissal by transfer”;
• the new employer undertakes to hire the person for the agreed position;
• The transfer does not provide for a probationary period.

The peculiarity of such dismissal is in the correct execution of documentation. This option is most preferable for employees of government agencies, when moving from one structure to another, or for employees of partner companies.

Family circumstances

As a rule, people leave their place of work with the remark “for family reasons” in the following situations:

1. Transformation of the employer's organization followed by relocation of employees
2. Relocation of spouses to other regions with the need for dismissal due to the relocation of all family members.
3. Serious illnesses of children, parents and other loved ones requiring care. At the request of management, it is necessary to provide proof of relationship.

This is an exhaustive list of circumstances in connection with which an employee has the right to leave his place of work without working for 2 weeks. In other situations, the employee is obliged to either work for the required period or coordinate his departure with his superiors, hoping for understanding.

In any case, the employee must submit an application addressed to the employer, requesting release from duties without work. In the case of early dismissal, the reasons must be explained.

Under any circumstances, the employee must write a letter of resignation. It is written in a standard form. But if an employee wants to quit without working, then he should indicate the reason for his resignation.

Dismissal after illness

The law does not provide for the dismissal of an employee on sick leave. However, practice shows that such situations are quite real. An ill employee can resign without a mandatory two-week period of work in one of the following ways:

• write a standard resignation letter, which will indicate the need for work, then open a sick leave - thus, during this period, the dismissed person will be freed from the obligation to attend the workplace;
• if an employee is injured or ill and therefore cannot continue working, it is possible to submit an application from a medical institution.

Release from work in both situations occurs two weeks after the application for dismissal, regardless of whether the person is on sick leave or continues to work. However, if the leave from sick leave took place before the end of work, the person being dismissed needs to re-issue the application and indicate the exact day the work activity ends. It is not possible to dismiss on any other day.

Who and when can quit without working for two weeks?

Remember that you cannot shorten the period by two weeks or even quit “day to day” without a reason. But the legislation establishes cases when it is not necessary to work for two weeks.

The most common situations relate to enrollment in an educational institution or in the armed forces. They won’t wait either here or there, so the scheme is simplified.

Retirement is another option.

Election to office. Typically, the positions to which one is elected cannot be combined with other paid work, so one has to choose. And if the choice is made in favor of the elective one, then the existing one must be released immediately.

Transfer of a military husband to another city. The wife is fired immediately after registering the corresponding complaint.

Disease. In this case, the illness should exclude the possibility of continuing to work. Or a relative who needs care may become ill.

All these cases allow you to quit “day to day”. Write an application for resignation of your own free will without work, we will draw up a sample for 2021 for it below.

Cases when an employee can leave work without two weeks' notice

There are a number of conditions that regulate the dismissal of an employee without warning, in other words, working off. And the employer must agree with them. We list the necessary conditions:

1. Studying at a higher or secondary specialized educational institution, full-time;
2. Retirement;
3. Dismissal due to departure to another region/republic/territory. The employee has either found another job or is leaving for health reasons;
4. Departure of the employee’s spouse abroad or to another region of the country;
5. The need to care for a child under 14 years of age for medical reasons or a relative declared incompetent;
6. The employee’s labor rights have been violated by the organization’s management or significant changes have been made to the terms of labor and collective agreements.

The employer himself can fire him without having to work an additional 14 days. This happens for the following reasons:

• The employee violated discipline and did not comply with the orders of his superiors;
• The employee is transferred to another division of the same company or to another enterprise. The employee does not have to work if the reason for the severance of the employment relationship was an agreement between the parties. This procedure is provided for in Article 78 of the Labor Code of the Russian Federation.

Dismissal is formalized as follows:

1. The employer draws up an agreement, which is signed by both parties;
2. The parties themselves set the completion date of the work or agree on the absence of a working period;

Once an agreement is signed, it cannot be unilaterally canceled. However, at the initiative of one party and the approval of the second, the terms of the agreement can be supplemented or changed.

Vacation followed by dismissal

Any employee has the right to go on vacation with further dismissal. Then you won’t have to work out the allotted time on purpose. The employee uses the rest days that have accumulated at the time of dismissal and is considered dismissed on the day the vacation ends.

Important! A resigning employee may withdraw the submitted resignation letter if he changes his mind about leaving his job. However, this must be done before the start of the vacation; it is no longer possible to withdraw the application later.

It is worth noting that an employee can avoid working in this way if the employer meets him halfway. This is done at the free will of the employer, since only the employee’s right is stipulated by law, but not the employer’s obligation to agree with it. Therefore, there are two ways here:

1. The employee coordinates his departure on leave associated with further dismissal and writes a statement; 2. The employee takes a planned vacation, the application is drawn up two weeks before dismissal. You will not have to return to work unless your vacation exceeds two weeks.

The employee can agree with management that he will write a statement later than the deadline - so as not to return to the workplace after leave to work. All this needs to be discussed in advance.

It is not necessary to take the entire vacation off; the employer can pay the employee for unused rest days, that is, pay compensation. It is worth adding that an employee on vacation does not have to submit an application in person. He can send it by mail. And the countdown of two weeks will then begin from the next day after the organization receives the letter. The application can be brought to the organization by the employee’s legal representative. To do this, a power of attorney is issued by a notary.

The employee should also know that he cannot be fired while he is on vacation. This is allowed only in the event of liquidation of the organization or termination of the activities of the individual entrepreneur. Leaving a job is possible only if the employee himself wants to quit while on vacation. The main thing here is not to violate the deadlines for processing documents and to follow the entire procedure.

Sick leave and dismissal

An employee on sick leave does not have to be notified in advance of his dismissal. In this case, there can be two scenarios for the development of events: If the employee knows even before going on sick leave that he will quit, then he writes a statement and the period of incapacity for work will be considered “working off”. You can submit an application already having an open certificate of incapacity for work. If sick leave is issued for more than two weeks, you do not need to return to work. If the sick leave ends before the date of dismissal, the remaining time until this date will have to be worked.

Dismissal of a disabled person without work

There are no special conditions for disabled people of the second and third groups. Differences are made for disabled people of the first group. They have the right to resign immediately, providing documents confirming their inability to continue working. They are a certificate of incapacity for work or a conclusion from a medical commission. At the same time, the employer is obliged to make an offer to the employee to take another position in the organization if there is a position suitable for the employee due to health reasons.

Points to pay attention to when retiring a pensioner:

1. An employee does not have to work if he retires.
2. Due to insufficient information in the current legal acts on this matter, the following practice has developed: a pensioner is deprived of the right to leave work without working off work if he has already exercised this right before. Employers usually insist on this.

Regarding this situation, people often go to court and the courts make different decisions. Since judicial practice is contradictory, Rostrud recommends that employers allow pensioners to resign without warning, regardless of whether they have already done so or not, in order to avoid conflicts.

Dismissal during a probationary period without work

During the probationary period, management must be notified three days before dismissal.

Important! A three-day work period is possible under one condition: if the employee’s completion of the probationary period is specified in the employment contract.

Working off is not mandatory for such an employee under the same conditions as for other employees, that is, when going on vacation or due to disability. (Even if he has not yet worked for six months and is not entitled to full leave, a certain amount of rest has still accumulated). We emphasize that the number of days worked for some positions and working conditions changes.

How to draw up an application for resignation of your own free will without working off

There are no strict regulations for writing an application. It can be written in any form. But most often such a document looks like this: on a sheet of A4 format, the employee indicates his last name, first name, patronymic, position and department in which he works, and also writes the addressee’s full name and position. Next, after the “header”, the name of the document is indicated - a statement, and then its contents. The employee sets out his request to dismiss him, with the wording “his own desire” and a reference to an article of the Labor Code. Next, the reason is indicated that gives the right to be removed without service. At the end, the employee puts the date on which the document is filled out and puts his signature. In general, the content of such a statement is no different from the usual one, the only difference is the indication of the reasons for dismissal without mandatory service.

Sample application 1

How to write a statement if dismissal without work has been agreed upon with the employer

The employee has the right to appeal to the manager with a request to leave without waiting for the expiration of the 14-day period, and the employer can take into account the employee’s wishes. The verbal agreement is recorded on paper. The wording when writing an application remains the same as in the case of working off. The application indicates the date agreed with the employer; the absence of work is not indicated. The document is endorsed by the manager. The resolution contains information that there are no objections to the termination of employment relations; the director puts the date of dismissal agreed with the employee and his signature on the document. After this, the application is transferred for further processing of all papers.

Sample application 2

Application form

An application for dismissal must be submitted in writing.

In the upper right corner is written the name of the employing organization and the surname of the manager, full name. applicant indicating the position.

The text of the petition indicates the request itself, with an explanation of the reason for dismissal, the date, or the phrase “I ask to be dismissed without work.”

The application must be personally endorsed and dated. The date of termination of the employment contract must be stated by the employer’s authorized representative in the resolution on the application.

The application can be handed over to the manager personally, through an authorized body (HR department, secretariat) or sent by registered mail.

Possible situations upon dismissal

The law provides that dismissal by mutual agreement of the parties can occur at any time, even if the employee fails to fulfill his official duties.

Thus, termination of an employment relationship is possible when an employee on vacation has written a letter of resignation or is on sick leave.

Upon dismissal, the employer is obliged to pay wages in full, including the last day of work. If these obligations are not fulfilled, the employee may file a claim in court for forced collection of wages.

According to Art. 127 of the Labor Code, a hired worker who did not use his annual leave is required to pay monetary compensation. Art. 178 of the Labor Code provides for the provision of severance pay upon dismissal by agreement of the parties, the amount of which may be specified in a collective or labor agreement, or established by decision of the employer.

Upon dismissal, by agreement of the parties, personal income tax is paid to the budget on the full amount of salary received, including the last day of work. The transfer of funds for personal income tax must be made no later than the day the funds are received in the bank account (Article 223 of the Tax Code).

Options for quitting before 2 weeks

You can resign on the day the application is written by agreement of the parties. If the employer does not object to the termination of the employment contract, he puts the resolution “Dismiss from such and such a date” on the application (registration of the application). On this basis an order will be prepared.

Also, early termination of employment relations is possible in the following cases:

• Departure for contract service in the army.
• Admission to the University.
• Moving to another place of residence associated with a change of job.
• If the employee falls into a preferential category (pregnant women, single mothers, parents of many children, disabled people). It is better if this condition is agreed upon in advance when drawing up the employment contract.
• According to medical prescription.
• Retirement.
• Competitive entry to another job.
• When significant changes are made to the terms of the contract without the agreement of the employee (redirecting the employee to work in a representative office in another city, providing work that the employee cannot perform for medical reasons, etc.).
• Important changes in the operating conditions of the enterprise (change of owner, staff reduction, etc.).

In fact, the list of valid reasons is much wider; the real reason for the impossibility of working the required two weeks must be indicated. The extent to which the reason is valid is determined by agreement of the parties. If an agreement is not reached, the employee has the right to contact the labor inspectorate. In difficult situations, the problem can be resolved through court.

If an employee’s rights are violated or unlawful actions are taken against the employee, he has the right to file a complaint with the labor commission. It should be in every enterprise and organization and its function is to protect the rights of employees.

Explanations of Rostrud for pensioners

In 2021, to retire, a man must reach the age of 60, a woman - 55. Immediately after this, they can retire, but this is optional.

There are two exit options:

• upon reaching a certain age, citizens do not lose their jobs, and the person can continue to work;
• the employee retires but plans to return to his position with status only.

In the first case, according to Article No. 80 of the Labor Code of the Russian Federation, the employee has the right to resign immediately after reaching the specified age and not fulfill the two-week period of work.

If an employee has received the appropriate status, but wants to return to his workplace, then before resigning, he must notify management.

The reasons for dismissal without service, which are indicated above, also apply to pensioners.

According to Article No. 28 of the Labor Code of the Russian Federation, any working pensioner can take leave at his own expense, which does not exceed 14 days.