Dismissal without working off at the initiative of the employee. How to Quit Your Job Without Burning Your Bridges

Before you burn bridges behind you and notify everyone that you are fired, think about how firm you are in your decision. Let's take a simple example. It is one thing when you have been working for several years in a company where you are constantly deceived, wages are delayed, they cannot distinguish between the duties of employees and are forced to do something that is completely uninteresting to you. And it’s completely different if you just got a job and realized that, in fact, it is very different from the picture that your imagination painted.

well think it over

There are practically no ideal positions - at least you need to grow up to them. And the boss is not always honest and fair. Or the work itself was not as interesting as you thought. In these cases, conduct a resistance analysis and consider whether there is any reason to stay in the workplace and adapt to the difficulties that have arisen.

Cause Analysis

Before you stun your boss with your decision to quit of your own free will, first understand the reasons. Firstly, it is necessary to understand what vacancy to look for next. Secondly, this is the only way to choose a way to part with your current job. You will have the opportunity to understand that the problem is not in what you are doing now, but in you, and a change in position and company will not solve anything.

Low salary

Most people cite this very reason for voluntarily leaving their previous job, although the real percentage of those who are dissatisfied with the salary is lower. Before you write your resignation letter, think about why you are being paid so little money. Maybe it's the general level of wages, which turned out to be below the market (in this particular company). But it often happens that an employee who does not work well is paid little. Or do you lack knowledge and skills?

New job offer

There will always be a better job than this one. And if you change it too often, it will alert HR managers. Therefore, before leaving for a new place, evaluate all the pros and cons of a future position.

Conflicts with the boss

Few people have such relationships with management that a mosquito will not undermine their noses. More often it happens the other way around: it seems to the employee that the manager requires him to perform duties that do not correspond to the job description. Then you need to analyze whether you have problems in order to obey and carry out the orders of other people. Maybe you react aggressively to the demands themselves, although they are justified.

In this regard, talking with someone who is on the opposite side, for example, with a person who holds a similar leadership position, is useful.

Climate in the team

Sometimes relationships don't work out with colleagues. Everyone quarrels, gossip and want to set up. Some part of the responsibility lies with the management of the organization, whose policies determine the organizational culture of the company. If you can't get along with any of your co-workers, maybe there's something wrong with your behavior too.

If the situation has begun to escalate recently, and this is due to some management decisions and working moments that you cannot influence, then dismissal will be an adequate way out. Although there may be a hidden trap in the form of low stress resistance and the inability to adapt to complex changing conditions.

The essence of the work

You have begun to realize that what you are doing no longer brings you satisfaction. More and more often, boredom and irritation become your usual companions during the working day. Perhaps this position was never interesting for you, and you perceived it as a staging post between idleness and a dream job. And then the desire to quit is justified.

You could "grow" out of this position and want more, which in this company they are not ready to give you (but this must be clarified by the boss). Another option, when you just get tired of stability: if calm has come in your professional area, you get bored. There can be two exits. The first is to look for a position in which you will be like a volcano, but you must have high stress tolerance and flexibility. The second is to figure out why you quickly become bored with monotony and stability, which makes you change the situation.

When to notify your boss of your decision

You need to give two weeks' notice before your expected departure date so that he has time to find a replacement for you. But it is difficult to find an employee in such a short time.

Therefore, it is not necessary to delay the notification of the chief. Of course, it all depends on what kind of relationship you have with him. If you look into the eyes of harsh reality, it becomes clear that good leaders do not leave, which means that you have some kind of misunderstanding. You may not want to part amicably with your boss. It is not known how aggressive dismissal can affect your destiny. Therefore, if you have the strength and desire, try to behave decently towards the "future former" boss.

To do this, you need to warn him about the dismissal in advance. Not in two weeks, but somewhere in a month. Do it in a polite but decisive tone. Choose your words, expressions and intonation carefully. Speaking about the reasons why you decided to quit, you should not name the character of the boss, brutal working conditions and boredom. All this will cause aggression in the interlocutor, but there will be no sense. Be correct and accurate - these are the main conditions for a successful conversation. For example, instead of talking about low pay, try saying something like, “I feel like I've hit my ceiling at this company. I would like to continue to grow and develop in order to be more efficient and effective.”

Be prepared for negative emotions from the leader. The news of an employee leaving will stress him out. But you have the right to interrupt communication if the conversation crosses all boundaries and boundaries. Find a balance and your conversation will end well.

What laws protect me

The Labor Code of the Russian Federation is on your side. Chapter 13 of this document is entirely devoted to dismissal. Article No. 77 provides a general list of grounds for termination of employment relations. These include the agreement of the parties, the initiative of the employee or employer, the expiration of the employment contract, the refusal to continue the employment relationship due to a change in the owner of the company, etc.

The boss is notified at least fourteen days before the expected date of dismissal, which will need to be worked out. However, not everyone knows that there are exceptions to this rule. For example, if the organization is not your main place of work, and you work as a part-time job. Or subject to the conclusion of a fixed-term contract or a contract for seasonal work - in these cases, the notice period is reduced to three days. This is reported to us by Article No. 292 of the Labor Code of the Russian Federation.

What documents are required for dismissal

To begin with, you will have to write a letter of resignation in the prescribed form. If the authorities are loyal to you, then you can simply leave a statement in the personnel department. If there may be problems with the solution of this issue, then you should fix the fact of its submission. To do this, print out the application in two copies and either send it by registered mail or send it to the manager through the secretary with the signature of the latter on two versions of the document. This date will be considered the day of your withdrawal notice.

In two weeks, the manager must sign an order for your dismissal. You go to the personnel department and there you receive all the documents related to work, a work book and the final payment, backed up by a memo. This amount should include compensation for unused vacation days. The last document you have to meet is the notice of termination of the employment contract.

How to tell co-workers you're fired

If you have a tense relationship with colleagues, then you do not have to tell them anything at all. The same applies to circumstances where it is customary in a company to let all the dogs out on a departing employee. You need to take care of yourself and your nerves. Politely say goodbye to former colleagues when the day X comes, and go "to freedom with a clear conscience."

You can act completely differently if normal or even friendly relations have developed in the team. Then you can tell your colleagues about your dismissal a couple of weeks before the final departure. This will make it easier for them to adapt to the changes, and together you can make your exit as painless as possible.

On the day of departure, you can offer former colleagues to drink tea and cakes right at work. Mark the positive moments in communicating with them: how they helped you, what you learned. This will not make your departure less sad, but it will leave a bright and pleasant impression of it.

What obstacles may be encountered

Anger from future former colleagues. Colleagues and especially the boss, most likely, will not be happy with your departure. Sometimes this results in persecution of a "careless" employee. It remains to be advised to be morally stable, not to succumb to their provocations and remember that this will end soon.

Legal traps. In order not to pay you half the salary, the manager may try to fire you against his own will. All the grounds for this are listed in article No. 80 of the Labor Code of the Russian Federation. Therefore, during the two-week working period, in no case should you be late, skip, etc. Remember about trade secrets. It may include any information about the activities of the company. If you signed this obligation, then neither during nor after your dismissal do you have the right to tell anything about the internal affairs of the organization.

Payment delay. Of course, the Labor Code says that you must be paid on the day of your dismissal. If not paid, then you need to contact the labor inspectorate with a corresponding statement. Employers are afraid of inspectors, and it's easier to pay you off than expose the organization to serious fines.

How to behave in the remaining two weeks

The most important thing is to be decent in relation to the former employer. He is already having a hard time, because the news of your dismissal forces him to look for a new employee, train him, puzzle over whether he will fit into the team.

So try to be loyal and patient. If the boss's nervous breakdowns are kept within the boundaries of ethical norms, then it is best to simply endure them. Work duties must be performed well, then the employer will not have a reason to find fault with you, and you will prove yourself as a responsible and decent person. Colleagues also do not want to do your work for you yet.

It is not known when and where you will need their help. Don't burn bridges in your old position. How to quit your job without it? Thank colleagues for the time spent together. You can remember the positive things. Adequately respond to requests for help in these two weeks, try to be helpful and friendly - and then your former colleagues are more likely to remember you with a kind word.

When to look for a new job

You need to start looking for a job already when you have made a firm decision to quit. Or even a little earlier: studying this question will help you navigate the situation that has developed in your professional field. Is there a shortage of personnel there, what is the level of salaries and the necessary competence - all this is important to know. It happens that the requirements for the employer are somewhat overstated and you should think about lowering them.

If you are sure that you need to find a job by the expected date of dismissal, then you can’t hesitate with this. Actively explore sites with vacancies, send out resumes, call companies with a profile that interests you. HR managers are now going to meet applicants and schedule interviews outside of working hours. But be careful! A boss who finds out about his employee’s job search can be very scary in anger, so do everything to “open his eyes” on your own and at the right time.

What to live on after being fired

Put five to ten percent of every paycheck into a “crisis savings fund.” If you stick to this scheme, then you will not have such a question.

Leave beautifully

Regardless of how far in advance you warned the employer about your departure, you need to make this period easier for the company. Of course, the temptation to sit back all this time is great, but it is simply dishonorable to do so! You need to complete the projects in which you took part, put things in order and leave all the information on work (for example, contacts) to the new employee.

The last two weeks at work have nothing to do with vacation. Rather, on the contrary, it is like summing up and bringing all cases to a finished state. Therefore, behave like an ordinary worker: come on time, do not be lazy, conscientiously fulfill your duties. The employer pays for these two weeks of your work, so take care of a decent return.

If a stormy send-off is accepted in the company, then do not resist the offer to go with colleagues to a nearby cafe after work.

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Labor Code and dismissal without working off

By itself, working off occurs in two cases of dismissal:

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

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

As a rule, the employee is interested in how to quit before the expiration of the two weeks provided for in Art. 80 of the Labor Code of the Russian Federation. This is possible: for example, if an employee is on probation, 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.

Dismissal on own initiative

Articles 77, 78, 80 of the Labor Code of the Russian Federation give the employee the right to terminate the employment relationship on his initiative, warning the management of his decision 14 days in advance. These days are for warning and are actually working off. But the same article 80 indicates the possibility of quitting without working off, if it is impossible to continue working due to the prevailing circumstances for a good reason.

In Art. 81 of the Labor Code of the Russian Federation lists cases when an employee may not work for 2 prescribed weeks. These are cases like:

Inability to continue their labor activity in connection with enrollment in a university or educational institutions of a bachelor's degree and a master's degree in the full-time department
An employee's retirement
Violation by an employee of labor legislation, as well as local acts and provisions of labor and collective agreements
Other cases

Other cases of labor law include:

Moving to another area for work
Sending the second spouse to work abroad
Moving to a new place of residence or for medical reasons
Caring for a sick family member, a disabled child or a child under 14 years of age

Pensioners and pregnant women, as well as mothers and adoptive parents with a child under 14 years old, can quit without working off.

If an employee has applied for a voluntary resignation, which implies working off, and insists on an earlier date of dismissal, allegedly having the right to do so, this will be wrong. When he really has the right not to work out the due time for the reasons indicated above, he is obliged to notify the employer in writing.

E if the employee has legal grounds for early termination of employment, they must be indicated in the application and provide copies of documents proving this (for example, a certificate of enrollment in an institute, a certificate of transfer of a spouse to another locality for service). Otherwise, he can earn absenteeism and be fired under the relevant article.

Carefully read your employment contract - the reasons for leaving without working off can be spelled out in the collective agreement or in the internal labor rules of the organization.

It must be said that the 2-week period of working off specified in Article 80 of the Labor Code of the Russian Federation is not a strict condition, the same article says that if the employer and employee are mutually interested in terminating further labor cooperation, then the management of the enterprise can fire him without working off on the day of writing the application or another agreed date.

Dismissal without working two weeks

An employee can quit without working out the mandatory two weeks in a 3-day period. This is possible under the following circumstances:

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

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

Letter of resignation without work

In order to quit, the employee must write a statement addressed to the employer. Exactly the same procedure applies if an employee leaves without working off. In the application, it is necessary to indicate “I ask you to fire me without the obligatory working off of a 2-week period for the reason ....”

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

Leave followed by dismissal

Another option to quit, avoiding working out, is to write a statement with a request to provide non-vacation days and terminate the employment relationship immediately after. The date of dismissal, that is, the final working day, will be the day the vacation ends. On the same day, the employee must receive the due cash payments and work book.

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

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

Dismissal one day without working off

Another way not to work out is to ask for dismissal by agreement of the parties (Article 78 of the Labor Code of the Russian Federation) when it occurs on the specified date.

In this case, it is necessary to correctly compose the application itself. Writing “I ask you to fire me from such and such a date” is wrong, since it turns out that this is a dismissal at the initiative of the employee, and therefore implies legal working off.

It would be correct to indicate: “I ask you to dismiss me by agreement of the parties (clause 1, article 77 of the Labor Code of the Russian Federation). Or submit not an application, but a proposal to terminate the employment relationship on the same basis from such and such a date with a request to provide a written response to this proposal before such and such a date.

A written response is required in case of disagreement. The notorious 14-day notice period is used for a reason. After all, it is necessary to find a replacement for the departing employee and transfer cases and all calculations with him.

If the employer does not consider that the current circumstance is the basis for dismissing the employee in one day, the latter may apply to the labor commission or to the court to protect their rights.

Sample letter of resignation

Instructions: how to quit without working 2 weeks?

So, you want to quit, but at the same time you don’t want to work out the two weeks required by law (say, you are already waiting for another job, you are planning to leave abroad, or there are other reasons to hurry). What can be done 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 management of the enterprise, you have the right to quit at any time. Therefore, if you have a normal relationship with the employer, you can not work for two weeks

2. You can also offer the employer to fire you by agreement of the parties (Article 78 of the Labor Code of the Russian Federation). With this option, all the conditions for dismissal can be reduced to two words - "As agreed." You can agree on the terms of dismissal, you can bargain for yourself a severance pay, you can also negotiate other conditions related to the termination of the employment contract

3. For some cases, the law and by-laws make exceptions to the general rules and allow you to demand dismissal on the day when it 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, these cases include:

In the event that the employer does not consider these reasons valid, you have the right to apply to the court or the Federal Labor Inspectorate.

Moving to another region or city
The spouse (wife) of the employee is transferred to work in another region or abroad
The impossibility of living in this area, confirmed by the conclusion of the medical commission
Inability to continue working at the enterprise due to illness (also confirmed by medical documents)
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 working off if he is on sick leave. In this case, days of illness are counted towards working off.

5. Finally, with the consent of the employer, you can combine the period of working with vacation by submitting an application for leave with subsequent dismissal.

Source: trudinspection.ru, 2016.life, topurist.ru

According to objective statistics, half of the working population works in constant nervous tension, which is often the cause job change.

Someone was offered a more profitable job or their rights were simply violated, others are forced by family circumstances: health problems, caring for sick relatives, moving to a new place of residence.

If an employee expressed a demand to terminate the employment contract and at the same time go on vacation, then in accordance with Art. 127 of the Labor Code of the Russian Federation, the day of dismissal will be the last day of vacation.

The date on the application or the terms of the due work do not play a role here, even if the application indicates the period that will come after the end of the vacation.

On the last day before the vacation, the employer is obliged to issue a work book with a legally correct entry to the resigning employee and make a full payment.

Probation

To test the qualifications of new employees, many enterprises appoint a probationary period of various lengths when hiring. Such a rule does not mean that a beginner cannot.

If he realized that this job is not for him, the specialist can quit, warning the administration 3 days in advance. Working off in such cases does not apply, after 3 days the law obliges the employer.

Sick leave followed by dismissal

The employer does not have the right to dismiss a subordinate on his own initiative. It is possible to terminate the employment relationship during this period at the request of the employee himself.

Regardless of whether the sick leave is closed, the date of dismissal will be the 15th day from the date of the proposed work. An important point is the payment of such sick leave: according to the norms of Federal Law No. 255, Article 5, it must be paid in full, regardless of the date of dismissal.

Business trip

A separate case of dismissal is considered the issue of being on a business trip. If an employee communicates his intentions before a business trip, he is not released from his duties, especially if the work is related to travel.

When sending on a business trip, a 14-day period is taken into account; if the departure exceeds it, the employee is withdrawn or asked to cancel the application in order to submit it at a later date. Such actions are related to the powers that a resigning employee loses if he does not have the right to represent the interests of the company with access to proprietary information.

Early due to reduction

It is difficult to call a dismissal during a reduction a voluntary departure, but if the employee has a desire to terminate the agreement before the deadline expires, it can be conditionally considered as such.

The employer does not have the right to refuse, but there are some nuances here.

Art. 180 of the Labor Code of the Russian Federation emphasizes the importance of formulating the reason for dismissal. With the consent to early dismissal, a severance pay is due, calculated in proportion to the days remaining until the reduction date provided earlier. If the application indicates the reason for dismissal of one's own free will, then the allowance is not due.

With student agreement

The term of working out at the conclusion of a student agreement has its own characteristics. Often, enterprises send their employees for retraining or advanced training with the condition of working out in a new position for a certain period.

If the employee expressed a desire to quit early, he is required to compensate for the cost of training. There are two ways out of this situation: pay the required amount or challenge it in court.

Often, the employer inflates both the cost and the terms, which can be challenged in court. Even if the company is declared bankrupt, the court helps to return the money.

Labor law does not provide an exhaustive list of good reasons, for which you can not work out. It all depends on the situation that has developed at the enterprise, and the employer's interest in the loss of a valuable employee.

In conclusion, it is worth reminding the employer that timely and complete compliance with the requirements of the legislation of the Russian Federation in matters, first of all, will protect him and the enterprise from lawsuits on claims of dismissed workers.

In order to move on, you need to say goodbye to the past. You have to quit your favorite job and say goodbye to your best colleagues. How do you know when it's time to quit? What problems can arise during dismissal? How to maintain good relations with colleagues and superiors? Experts identify 15 points that will answer the question of how to quit your job properly without hurting yourself and others.

What is the right way to quit your job? We leave with our heads up

1. Leave before you feel like running away.

The decision to leave should not be spontaneous. Don't quit when you face the first problem. Any conflict must be resolved. You should only think about dismissal if the problem is systematic and you do not see ways to solve it. In this case, start browsing the vacancies. Don't wait until your working conditions become unbearable. Prepare ahead of time.

2. Take off your rose-colored glasses

Sometimes we feel like our employer underestimates us. There is an expectation that by changing jobs, we will start a new, brilliant career. Maybe it will. But another option is also possible. It is necessary to sensibly evaluate yourself, your working conditions. For comparison, you can go to several interviews. You may not find anything better than what you already have. Then you should think about upgrading your skills.

3. Keep the secret or open all the cards - the choice is yours

Answering the question of how to quit your job correctly, experts do not recommend informing your management and team about your intention until you find a new job. Even if you had a great relationship with your boss and employees, the moment you announce that you are planning to quit, you become a stranger among your own.

If you do not have prior arrangements with your future employer, it is best not to disclose your plans

4. Look for treasure at home

Let's pretend you're lucky. You work for a great company where every employee is valued. But you are not satisfied with the lack of career growth. You seem to have hit the ceiling and you have nowhere to grow further. In this case, before leaving, talk about your career with management. Competent leaders value people and seek to unlock their potential. Who knows, you might not have to quit. If a conversation with management does not satisfy you, dismissal will be a logical and justified step.

5. Break the news

If you are determined to leave, you need to get the news across to management and co-workers the right way. Don't leave this conversation to the last minute. You will need time to transfer cases. The manager should learn about your decision from you, and not from your colleagues. Pick a quiet moment to talk to, when your boss isn't busy with urgent work. Think in advance how he can react to your decision, think over your reaction to his words. Play mentally several options for the development of the conversation. Then think about what you will say to your colleagues. What questions might you be asked. What will you answer

6. Let Go of Guilt

Often, the employee who quits feels guilty. The collective considers him a traitor who escapes. But in fact, everything is not so. Give up and don't get emotional. Let the dismissal process be correct. Inform about your intention to quit, transfer cases, save the accumulated information base, thank for the experience.

7. Hand over your cases

To make the process of leaving smoother and painless, both for you and for the company, competently transfer all your affairs.

Don't try to end up hurting the company. Organize all your work information

Prepare folder and job archives. Make the process of transferring cases as easy as possible for yourself and as clear as possible for those people to whom you will transfer cases.

8. Stay active until the end

Even the most responsible employees in the last days before dismissal can afford to be negligent in their work. This is noticed by colleagues and management. It is better not to follow this pattern of behavior. Stay active until the end. Inform your customers and partners that you are leaving the company. Introduce them to the person to whom you are transferring cases. When transferring cases, do not forget to clarify the nuances of working with a particular client

9. Leave a successor

To maintain a good relationship after being fired, you need to leave behind a successor. Most companies have a talent pool system. Your deputy will be able to painlessly take your place. If, for some reason, you do not have a deputy, prepare a successor for yourself in advance. Pass on your skills and knowledge to this person. Upon dismissal, you will be able to recommend this person to your place.

10. Don't burn bridges behind you.

No one knows how your career will turn out in another company. Many employers are comfortable with the issue of rehiring former employees. Therefore, you should not leave with a scandal, burning all bridges.

11. Protect your boundaries

Discuss with management a clear procedure for your dismissal. By adhering to the established agreements, you can save yourself from problems with obtaining a work book and salary. Many aspects of your dismissal depend on the head of the company. Clear agreements will help you avoid unpleasant situations.

12. Light a fire first

If the reason for your dismissal was professional burnout, changing jobs will not help you. You will take your problems with you. To start a new career, you need to recover.

You must be in working condition - physically, mentally and socially. You can only go to work if you have the strength and the desire to look ahead.

13. Conquer the fear of the unknown

It is the fear of the unknown that keeps people working for years at a job they hate. Get rid of this fear. Focus on good expectations for the new job. If you quit in fear, your behavior will be nervous and tense. Decide why you are changing jobs. If you decide on the main criteria for future activities, then how to quit your job correctly will not be difficult for you.

14. Feedback

The moment everyone learns about your decision to quit, the attitude towards you may change. You will see how the people around you actually treated you. You can ask your colleagues and manager to tell you something about you. From the outside, all the positive and negative features are always more visible. Do not take criticism to heart. Use the information received as motivation for development. People will talk not about who you are, but about how they perceived you. By listening to people's opinions, you can build stronger relationships with colleagues in your new workplace.

15. Leave on a positive note.

Try to leave on a positive note. You might want to throw a farewell party. Perhaps colleagues will arrange such an evening for you. It depends on the corporate ethics in a particular company. Even if you have a very difficult relationship with a company, leave with a positive attitude. Any experience has value, even if the experience is negative.

According to the rules familiar to everyone, before you quit, you need to work for two weeks. This standard statement is not always true. There are situations when mining is not required, or may not occur for a number of reasons. Labor law explains how to quit your job without working off. Let us consider cases when an employee can quit without working out of his own free will, and when this is required by the current situation at the enterprise.

In what cases can you not work out

Resigning at will, you can find a way not to work out the two-week time required by law.

By writing a letter of resignation of his own free will before going on vacation, the two weeks that the employee will be on vacation will be taken into account in the period of work;
While on parental leave, you can quit without leaving your vacation, then you won’t have to work;
You can also apply for dismissal on sick leave, in this case, working off does not take place after the fact, sick leave days are counted in a two-week work experience.

In practice, there are situations when an employee quits of his own free will due to non-payment of wages to him, and in fact, according to the law, he also has to work. In this case, you can use the provisions of Art. 142 of the Labor Code of the Russian Federation. That is, in case of non-payment of wages for more than fifteen days in a row, the employee has every right to write to the manager a statement that he is suspending work due to non-payment of wages. These applications can be submitted immediately, on the same day. One is about dismissal, and the second is about stopping work. In this case, the employee may not go to work.

If until the moment of dismissal of the employee, wages are not paid to him, then he then leaves without working off, because the days of stoppage in work are counted in the length of service, so working off is not needed. And for payment, the employee will already go to court. The employer has no right to apply sanctions to such an employee. This article also establishes restrictions on employees of which enterprises and positions do not have the right to announce a stoppage in work (for example, civil servants, firefighters, etc.).

In case of illness of a relative, a child, or in other force majeure circumstances, dismissal without working off is allowed. But only in agreement with the employer. If such an employee was denied dismissal without working off, he has the right to appeal to the court the decision of the head.

How to write a letter of resignation without work

Article 80 of the Labor Code of the Russian Federation regulates the possibility of an employee to quit without working off on a letter of resignation. The application must be written in such a way that it contains the employee's request to dismiss him by a certain number, without working off, with the obligatory indication of the reason for the release from working off.

Such reasons may be: retirement, admission to study at an educational institution, in case of violation by the employer of the terms of the contract or the law. In case of violation by the enterprise of the norms of the law in relation to the employee, the employer is obliged to dismiss the employee on the day specified in the application. Due to established practice, good reasons for dismissal without working off are:

moving to another place of residence (to another area);
moving to a new place of work of the husband (wife);
if there is a medical conclusion about the impossibility of working in the area;
in case of impossibility to work in this position for health reasons;
caring for young children or sick relatives;
if a pregnant woman wants to quit.

But again, it all depends on the agreements with the employer. Sometimes, if an employee has found another job, it is possible to agree with the employer on dismissal without working off, although getting a new position is not a direct reason not to work the allotted time.

There is also the opportunity not to work out if the employee does not leave of his own free will, but by agreement with the employer. Then working off is not mandatory, and therefore the dismissal occurs by a certain agreement between the parties, by number.