Who is required to work 2 weeks after dismissal? How to leave without working time when an employee resigns voluntarily? For a working pensioner upon dismissal

The Labor Code of the Russian Federation provides for this need for the employee. That is, the application should be written 14 days before the desired date to leave the current place of work. The legislation does not provide for the need to work off during layoffs. There is also a certain category of workers who are subject to dismissal on the same day. Let's look at the examples in more detail below.

Is it necessary by law to work 2 weeks upon dismissal?

Upon dismissal, the law provides for the need to work for 14 days (especially if the employee wants to first go on vacation and then immediately quit: details). However, this rule has many different nuances that need to be taken into account. In particular, there is no need to work out in the following cases:

• if the employee is dismissed from his position at the request of the employer for a violation;
• by agreement of the parties - to provide for care under the contract without the need to work;
• reduction - the employer is obliged to inform in advance within the established time frame, and then there is no need to work;
• leaving at his own request, if the employee belongs to the category for which the Labor Code provides for the right of everyone not to work for two weeks.

By the way, material on how the last working day is considered when leaving at your own request may also be useful here.

If there is a child

Many people are interested If you have a child, do you need to work 2 weeks upon dismissal? In fact, when leaving, working an extra two weeks is not required in some cases. For many categories it is possible to leave immediately, but there are a number of conditions:

• resigning under such conditions is possible only for women or men who are raising a child themselves;
• a single mother may not work for additional time until the child is 14 years old;
• A woman who has a 3-year-old child may not remain for work, regardless of her marital status;
• no work is required when caring at one's own request for the mother of a disabled child under 18 years of age.

Upon resignation of one's own free will

The law stipulates that when leaving, an employee must be informed of his plans two weeks in advance. The question arises Is it always necessary to work 2 weeks when leaving voluntarily? We can distinguish some categories of citizens who do not have to wait two weeks to leave at will - they can leave immediately as soon as they write an application. The category of those who are allowed to leave upon dismissal of their own free will and not work include:

• working pensioners;
• single mothers and mothers of disabled children;
• pregnant women;
• employees who are starting to study or work for which they were selected through a competition;
• elected to public office;
• moved to another place;
• those who cannot live in the area or continue to work for medical reasons;
• wives of those leaving for duty;
• part-time workers;
• caring for a disabled relative.

Documents and payments to such employees are issued on the same day. Remember that an unemployed person can still get a loan if the amount received is not enough. To do this, fill out an online application:

Vacation followed by dismissal - do I need to work for 2 weeks?

If an employee is on vacation and he wanted to initially take it out with subsequent dismissal, he needs to submit an application in advance. He is required to work for two weeks and therefore his own desire must be expressed in due time. Vacation time can be counted as working time. The application must be written in advance; the last working day will be the day before the vacation.

If a woman is on maternity leave, then she needs to write an application in advance and then pick up the documents after the leave. The same applies to sick leave. Any lawyer can tell you how to apply for sick leave after an application. The work will automatically be covered by sick leave time. If an employee goes on sick leave for a month, he will be entitled to a payment for the time after leaving.

For a working pensioner upon dismissal

The legislation provides that pensioners are entitled to the same social guarantees as all categories of workers. That is, it is impossible to fire an employee without reason only if he or she is a retired boss. The exception is staff reduction. This case involves laying off pensioners first. At his own request, a pensioner can resign whenever he wants. A working pensioner does not need to work 2 weeks upon dismissalO . When retiring, you should usually express your desire to end your working career in advance. The employer cannot force the employee to work overtime for some time later, especially since the pensioner can formally leave immediately the next day.

Is it necessary to work 2 weeks during a probationary period upon dismissal?

If the employee is on a probationary period, then Art. 71 Labor Code of the Russian Federation determines that he can leave by notifying the manager 3 days in advance if the job didn't suit him. That is, working for 14 days is not provided and management’s demands in this matter will be unlawful.

In this article I will tell you how quit without two weeks of work according to the Code of the Labor Code of the Russian Federation.

The Labor Code (LC RF) in force in Russia indicates that an employee, having submitted statement about dismissal, must work for at least two weeks. However, there are ways to avoid this processing. You will learn from this article exactly what an employee should do in order to quit without working.

○ Labor Code and dismissal without service.

The work itself occurs in two cases of dismissal:

1. At your own request - 2 weeks (Article 80 of the Labor Code of the Russian Federation).
2. For staff reduction – 2 months (Article 180 of the Labor Code of the Russian Federation).

However, the second option is usually not considered work-off; in addition, everything here depends entirely on the employer - he has the right to fire the employee earlier, paying compensation for time not worked.

As a rule, the employee is interested in how to resign before the expiration of the two weeks provided for in Art. 80 Labor Code of the Russian Federation. This is possible: for example, if an employee is on a probationary period, then he must notify the employer of dismissal only three days in advance (Article 71 of the Labor Code of the Russian Federation). However, there are other options.

○ Instructions: how to quit without working for 2 weeks?

So, you want to quit, but at the same time you do not want to work the two weeks required by law (let’s say, you are already expected at another job, you are planning to go abroad, or there are other reasons to rush). What can you do here?

1. It should be remembered that the period specified in Art. 80 of the Labor Code of the Russian Federation is not a strict requirement. The same article states that with the consent of the company’s management, you have the right to resign at any time. Therefore, if you have a normal relationship with your employer, you don’t have to work for two weeks.
2. You can also propose to the employer to fire you by agreement of the parties (Article 78 of the Labor Code of the Russian Federation). With this option, all conditions for dismissal can be reduced to two words - “As agreed.” You can agree on the timing of dismissal, you can bargain for severance pay, and you can negotiate other conditions related to termination of the employment contract.
3. In some cases, the law and regulations make exceptions to the general rules and allow dismissal to be demanded on a day that is convenient for the employee. The Labor Code of the Russian Federation refers to such cases:
   • retirement;
   • admission to study;
   • gross violation of labor legislation by the management of the enterprise;
   • other cases when it is impossible to continue work.

   Partially other cases are deciphered in acts, some of which were adopted back in the days of the USSR, but which are still in force. For example, such cases include:

   If the employer does not consider these reasons to be valid, you have the right to file an application with the court or the Rostrudinspektsiya.

   • Moving to another region or city;
   • The employee's spouse is transferred to work in another region or abroad;
   • Impossibility of living in this area, confirmed by the conclusion of a medical commission;
   • Inability to continue working at the enterprise due to illness (also confirmed by medical documents);
   • The need to care for a disabled child or other sick family member;
   • Pregnancy.
4. A resigning employee has the right not to appear at work during his service period if he is on sick leave. In this case, days of illness are counted towards the working time.
5. Finally, with the consent of the employer, you can combine the period of work with vacation by submitting an application for leave with subsequent dismissal.

I hope you find this information useful.

Very often you can hear the following question: “Do I have to work for two weeks when leaving at my own request?” When a person resigns voluntarily, he must follow the requirements of the law and the rules for dismissal.

The provisions of the contract/employment agreement still remain in force for the parties, like other local documents. This period is not strictly mandatory and fixed in all cases, as situations may vary. However, this is the general period established for dismissal at the initiative of the employee.

It would seem that the person is leaving the workplace himself and why does he need work? There is a reasonable explanation for how much work you need to do when leaving at your own request:

1. the employee has legitimate time to think things over, because Often the decision to quit is made “on emotions”. Before the expiration of 14 days, the employee can withdraw the application in accordance with Article 80 of the Labor Code of the Russian Federation and continue to work. Exception: the manager has already found a replacement for him and formalized him.
2. The bosses have time to start looking for a new employee or find a temporary replacement for the employee.

In this case, two-week “work” is a legal practice and a general rule provided for by labor rules, so there are no infringements of rights here. The employee is obliged to work the remaining days, unless otherwise agreed with his superiors.

A two-week period of work upon voluntary dismissal is not the main standard, since you can always agree with the employer on a shorter period or leave the workplace immediately. If the authorities do not make concessions, then general punishment cannot be avoided.

REFERENCE: A letter of resignation is not a “panacea” for violations of labor discipline. If the employee does not want to work the remaining days, he will be immediately dismissed under Art. 81 Labor Code of the Russian Federation. Management classifies this action as absenteeism.

Is it necessary to work 2 weeks when leaving voluntarily, and more specifically, can the period be changed? The two-week period is just a general working period, but situations vary.

The legislator gives the parties the opportunity to independently agree on a different period of time and period of service upon dismissal at their own request.

In this case, the only important point here is the consent of the authorities. It will decide how many days to work when leaving voluntarily or not to do it at all.

It is noteworthy that there is no such concept as “working off” in the Labor Code. This definition is a kind of “slang” for both resigning employees and “personnel officers”. But how much work you need to do when you quit at your own request is reflected in the law.

According to the legislator, “working off” is just a period of warning to superiors about your departure, which can be, according to Article 80, 280 of the Labor Code of the Russian Federation:

• 3 days;
• 14 days;
• month;
• different period.

Thus, the decision about how many days you need to work when leaving at your own request may depend on various reasons. We'll talk more about this later.

What does the deadline depend on?

The law provides for all circumstances and life situations that automatically increase or decrease the working period. The general principle of Article 80 of the Labor Code of the Russian Federation does not apply to all employees.

Here we can highlight several reasons that determine how many days you need to work when leaving at your own request:

• position and status of the employee;
• working conditions;
• personal circumstances of the employee;
• agreement with the employer.

The law also provides for cases when you have to work for more than 2 weeks, but this is possible in strictly limited situations.

Or it may be that whether work is needed upon dismissal of one’s own free will will simply be decided by the manager.

Longer work is de jure provided for the following workers:

• the head of the organization represented by the General Director, the head of the institution;
• athlete or coach.

These categories of persons are required to notify the employer of their resignation exactly one month in advance. Accordingly, their working period in this case will be equal to a monthly period. This is not provided for any other employees, but the agreement with management may be different. Is service required upon voluntary dismissal for such employees? Yes, but again, situations and solutions are different.

Perhaps the employee, of his own free will, wants to work in the organization for more than 2 weeks until management finds a replacement for him.

IMPORTANT! Athletes or coaches work for a month upon dismissal, and this is provided that an employment agreement has been concluded with them for a period of more than 4 months.

In other cases, employees are required to work the remaining 14 days according to the general rule. It does not matter who they are by position, specialty, or whether they are part of the management team.

An employee can immediately leave the workplace or the law gives him a minimum time limit for this, but this is possible under certain circumstances. Certain categories of workers must work only 3 days, i.e. This is exactly the amount of time they need to notify management about their departure.

This is permissible if the following reasons exist:

• dismissal during the probationary period (Article 71 of the Labor Code of the Russian Federation);
• work under a fixed-term employment agreement concluded for a period of less than 2 months;
• seasonal performance of labor duties.

Under such circumstances, the working period will be minimal, and management can dismiss the employee on the same day and there is no need for him to appear in the organization.

The employee can immediately leave the workplace without any work.

This will be possible if there are significant legal facts that make it impossible to continue to work. These include (Article 80 of the Labor Code of the Russian Federation):

• disease;
• retirement;
• enrollment in a university or any other educational institution;
• pregnancy;
• moving to another city/locality/country or spouse working abroad;
• caring for a sick child or relative;
• other circumstances.

There is no complete list of reasons for immediate resignation from work, because such issues are resolved jointly with the employer.

However, management may require the employee to present relevant certificates and documents confirming the presence of certain valid reasons.

REFERENCE: If a person practically skipped work or worked for the company for a week at most, then the employment agreement is simply canceled and no payments are made. A work book is issued without any entries. There is no mention of working periods here.

Do I need to work 2 weeks if I quit voluntarily?

As previously stated, a departing employee usually works for the organization for the last 14 days. This is an axiom of the provisions of Art. 80 Labor Code of the Russian Federation.

No one has the right to prevent an employee from making such a decision, because freedom of labor is the main constitutional norm. In order to fully leave work, desire alone is not enough, so it is necessary to draw up an application addressed to the manager with a corresponding request.

The application is drawn up on A4 paper in free form. Most often it is written by hand or typed on a computer. This is not so important, but such a document must be drawn up in accordance with the established principles of office work.

In the upper right corner they write the so-called “header”, where the following data is indicated:

1. name of the institution;
2. Full name and position of the manager;
3. Full name, position of the resigning employee;
4. contact number.

In the middle of the sheet, the word “Statement” is written, followed by the main text, where the employee briefly states his desire to leave the workplace. There is no need to indicate in detail the reason for leaving or to motivate your actions in any detail. It is enough to write: “I ask you to fire me on March 14, 2017 of your own free will.”

The date must be indicated in the document, which, as a general rule, is counted within 2 weeks after the application is written.

Nevertheless, there are no prohibitions for the employee to write his date, but in this case, the manager can put the following marks on the document: “I do not object / Agreed” or vice versa: “I object, dismiss under Article 80 of the Labor Code of the Russian Federation.” In the second case, this means that the employee will have to work for the remaining 14 days.

IMPORTANT! The phrase “at one’s own request” must be written in such documents, since this is the official reason for leaving and the reason for applying Article 80 of the Labor Code of the Russian Federation, otherwise the management will fire the employee under Article 78 of the Labor Code of the Russian Federation.

At the bottom, after writing the main text, they usually put a date and a signature with a transcript.

If there are grounds to leave your job immediately, then you must attach to your application all medical certificates and other documentary evidence confirming your right to immediate dismissal.

How are days calculated?

And when does work begin upon dismissal of one’s own free will, from what day? The remaining days of work are calculated simply.

If, after writing the application, the employee still needs to be present at work for some time, then the start of his work begins on the next day after the date specified in the document.

Accordingly, if the application indicates the date of writing “January 26, 2017,” then the countdown of the remaining days begins from January 27, 2017.

How long are you supposed to work when leaving at your own request, taking into account holidays and weekends?

It should be remembered that any work is calculated on a calendar basis. This means that the two-week and other established period includes all weekends and holidays. This is the principle formulated in Article 14 of the Labor Code of the Russian Federation. The remaining days upon dismissal are not transferred anywhere, and their period is not automatically extended. So you can count the days how many to work when leaving at your own request and reduce the actual workers.

It is in the interests of an employee who wants to leave the workplace as quickly as possible to submit an application before long holidays. The end date of work is the date that the employee independently indicated in the application, calculating 14 days. For example, if the application is written on March 2, then the last working day is March 17.

IMPORTANT! If the last day of work falls on a weekend/holiday, then it is automatically transferred to the next weekday in accordance with Article 14 of the Labor Code of the Russian Federation.

It often happens that an employee gets sick at the wrong time. What is specific here? It is worth knowing that days of temporary disability are also included in the remaining period of work, that is, the deadlines are not postponed or extended.

An employee can easily get sick, since nothing threatens him from the law. If an employee quits and goes on annual leave, then Art. 127 Labor Code of the Russian Federation.

Article 127. Exercise of the right to leave upon dismissal of an employee

Upon dismissal, the employee is paid monetary compensation for all unused vacations.

Upon written request from the employee, unused vacations may be granted to him with subsequent dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.

Upon dismissal due to the expiration of the employment contract, leave with subsequent dismissal may be granted even when the vacation time completely or partially extends beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation.

When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his resignation letter before the start date of the leave, unless another employee is invited to take his place by transfer.

This means that the 2-week work period is applicable here in a special way, since in this situation the last working day is the final calendar day of rest.

It turns out that voluntary dismissal with 14 days of work is already included in vacation days. The employee works nominally, but at the same time he is officially on vacation.

In addition, the employee has the right to withdraw his application only immediately before the start of the vacation days, so he will not be able to change his mind after this period.

In the document you need to write something like the following: “I ask you to provide me with annual paid leave from October 25, 2017 for 30 calendar days, followed by dismissal of my own free will.”

In this situation, you will actually have to work only until the start of rest.

This is permissible if the employee has remaining vacation days or his rest time has come according to the schedule. In addition, this provision does not apply if the contract with the employee was terminated for a guilty act (Article 81 of the Labor Code of the Russian Federation).

If an employee simply wants to quit without taking vacation, then he needs to ask management in a statement to pay compensation in cash for the remaining vacation days.

At the very last moment, the management returns the completed work book and pays the employee in full. At this stage he is considered officially dismissed.

In conclusion of the conversation on the topic of whether it is necessary to work for two weeks when leaving voluntarily, it must be said that “working off” the remaining days is not a completely suitable definition for this case. There is no such definition in the law at all.

The employee only warns management about his decision to leave 14 days in advance, as stated in Art. 80 Labor Code of the Russian Federation. However, in everyday life this concept is readily used in informal work environments.

The general period for working the last days is 2 weeks, but this period is not strictly fixed. Legal situations are different, but you can agree with your superiors on any period of time.

How to quit without working without violating legal requirements, and is this even possible? This is exactly what we will talk about in our article, so how to quit without work sometimes it is simply necessary. There can be many reasons for such dismissal - from the need to urgently change jobs to a banal reluctance to work at a given enterprise.

Do you always have to work two weeks when you quit?

Let's figure it out Is it possible to quit without working? So Is it mandatory to work 2 weeks upon dismissal?. Everything here will depend on the specific situation, so it is impossible to answer these questions unambiguously.

As a rule, a 2-week work period is provided if an employee resigns of his own free will and the employer needs to find a replacement. However, it should be said that such work is not at all a strict requirement: if both the employee and the employer are ready to terminate the employment relationship earlier than this period (for example, on the day of filing the application), then it is not necessary to wait for its expiration.

If the contract is terminated at the initiative of the employer (it should be taken into account that cases when the employer has the right to dismiss an employee are specifically stipulated by law), then there is no need to write a resignation letter and work it out.

Quite often situations arise when an employee goes on sick leave or vacation with subsequent dismissal. In this case, will the employee need to work an additional 2 weeks after the end of rest or illness? No, you won't have to. The current legislation establishes only the maximum period after which an employee must be dismissed when filing an application, but does not say that he needs to work out these notorious 2 weeks. If an employee goes on vacation or sick leave for these 2 weeks, this period will be counted as working time.

Don't know your rights?

It must also be said that if an employee has to work out this period before dismissal, then no one deprives him of the right to change his mind and withdraw his application. That is, at any day the employee can demand it back and, therefore, continue to work for this employer. This rule has only one exception: if another candidate has already been found to replace the employee and he is invited to work in writing, the advantage will be given to the applicant who cannot be denied an employment contract.

Is it possible to quit without working for 2 weeks and is it possible to quit at your own request without working?

So, we found out that 2 weeks of work upon dismissal is not always required. Now let's talk about when you can do without it, how to quit without working 2 weeks and is this possible if you resign at your own request?

Art. 80 of the Labor Code of the Russian Federation not only establishes the employer’s right to require an employee to work 2 weeks after filing an application, but also provides for cases when an employee may not do this. For example, if an employee terminates an employment contract due to the impossibility of further continuing his work activity, then how to quit without work he is forced by the circumstances. Examples of such situations include retirement, conscription into the army for service, admission to a higher education institution for full-time study, etc.

The next reason for dismissal without work may be the employer’s violation of the requirements of labor legislation or local legal acts in force in the organization. In such cases, the employer will be obliged to terminate the employment contract with the employee within the period specified by the employee in the application - up to the day of its submission (the main thing is that the period does not exceed 2 weeks).

So, how to quit without work? There are several options:

1. You can agree with the employer to terminate the contract before the expiration of the 2-week period or even on the day of submission of the application. This is the most correct and simple version of the development of events.
2. You can take another vacation for 2 weeks, having first submitted a letter of resignation (or issued a sick leave). True, problems may arise with the implementation of this method, since you may not be allowed to go on vacation, and there may simply be no reason to issue a sick leave. However, this option can be considered as one of the possibilities.
3. If it is impossible to further perform labor functions for any reason or the employer violates the employee’s rights provided for by law or local regulations.

Relations between employee and employer are regulated by the Labor Code of the Russian Federation. At the same time, the law takes into account various situations that arise during the administrative and economic activities of enterprises and organizations. A large volume of articles of the law is devoted to the relationship between employer and employee. The period of employment and dismissal from the enterprise is significant. At the same time, most dismissals occur on the initiative of the employee and this act is called voluntary dismissal. Do I need to work 2 weeks upon dismissal?

Forms of dismissal at the request of the employee

You can resign of your own free will from an organization or enterprise at any time. But at the same time it is necessary fulfill a number of conditions, which naturally follow from production relations. Neither previously nor now is it customary to keep people in reserve in production teams. Everyone is responsible for some area of ​​activity. Therefore, if an employee decides to quit, it would be ethical to warn the manager so that a new person can be found in his place. But Article 80, Part 1, Clause 3 also speaks about this. The law regulates cases when dismissal occurs:

• required to work for a period of 2 weeks;
• three days' notice of dismissal;

In addition to the first interpretation of the article, another purpose can be noted. Do I need to work for two weeks upon dismissal? It may take the manager two weeks to find arguments for the person needed by the production to change his decision. It may be necessary to allow the employee to calm down if it is taken during a conflict situation. But the law cannot provide for all the nuances, and therefore it is prescribed that you notify the manager of your decision two weeks before the deadline set by the worker himself.

Such a statement should be written, registered and a copy is issued to the employee. In this case, the applicant can be sure that his application will not be lost and on the appointed day he will will receive a calculation and all documents:

• work book with a record of voluntary dismissal;
• certificate form 2 personal income tax;
• certificate of average salary;
• upon application, other personnel documents relating to work at the enterprise.

On the other hand, the employee is given the right to withdraw his application at any time before the end of the term of resignation and continue working. An obstacle may arise if a new person is already being hired to take his place. Then leaving becomes inevitable. If, after finishing working, a person continues to work, then the application is considered invalid. That is why a period of two weeks is necessary not only for the manager, but also for the employee.

There is a certain category of workers and reasons for leaving when it is not possible to detain the employee. So, Article 77 of the code exempts from work upon enrollment in studies, retirement due to reaching age and in case of obvious violations of the employee’s rights by the manager, only this must be noted by authorized inspectors.

The manager can meet halfway and let go without work on the day of the application for someone who leaves for another place of residence for family reasons or cannot work due to health conditions. You may need constant care for a sick relative. By agreement of the employee and manager, dismissal can occur without working off.

But if working even for two weeks is unbearable, and the manager does not meet halfway, without breaking the law you can go on a two week vacation, while leaving a letter of resignation. Of course, you need to make a copy for yourself. After two weeks, absence from work will automatically confirm the decision. If you are “lucky” to get sick, then these days are also included in the working period.

Widespread types of work are part-time and part-time. However, the law does not single out this group of workers. You must also submit your resignation two weeks before the fact, and work it off like everyone else. The application can be sent to the manager by registered mail or telegram. It is legal. But the email message raises questions for the court. It seems that with the electronic signature currently being introduced, this issue will be legalized. In the meantime, the judges believe that there is no primary carrier with a signature on such statements.

Notification to manager is allowed three days before dismissal at their own request for those who work with a probationary period of up to three months and this period has not yet expired. Specialists hired for temporary work for up to two months and seasonal workers can also apply for dismissal three days in advance. This period is required for processing documents and calculating wages with compensation for vacation days.

Consequences of absenteeism

Your own desire to leave your job may turn out to be dismissal for absenteeism, if the employee, without receiving permission to quit from the manager, left production without work. The entry in the work book will be completely different and will create difficulties in future employment. Does the person leaving need this? It’s better to work honestly and quit according to the law.

Does it make sense to enter into conflict with the manager if the company practices issuing gray salaries? The calculation, if not worked out, may be absolutely legal, but much less than the expected amount. The courts deal only with official salaries.