, contrary to popular belief, is not always 2 weeks. Sometimes an employee does not have to work at all. Read more about this in our material.

The obligation of the employee to apply 2 weeks before the dismissal

An employee who wants to end his labor activity with the employer must notify the latter in advance, and be sure to do this in writing (Article 80 of the Labor Code of the Russian Federation, part 1). The term of notice of dismissal is at least 14 days (2 calendar weeks), however, as follows from the above norm, other terms may be fixed in other legislative norms. Here are examples indicating the norms of the Labor Code of the Russian Federation:

Deadline for dismissal: is it necessary to work after writing an application

Contrary to popular belief 14 days work upon dismissal(actual presence at the workplace) is not mandatory. The concept of "working out" labor law does not contain. We are talking only about the minimum notice period for the upcoming dismissal. Therefore, it does not matter whether the employee actually works during this period, whether he is on vacation or on sick leave. In the last two cases, the notice period is not extended. Rostrud also points to this in one of its letters - “On the procedure for dismissal ...” dated 09/05/2006 No. 1551-6.

With the consent of the management, it is possible to quit before the end of the period under review (part 2 of article 80 of the Labor Code of the Russian Federation). However, grounds for termination labor relations there will be no bilateral agreement, but still the desire of the employee.

How to count 14 days upon dismissal

The term for notification of termination of employment relations is calculated in accordance with the general principles for calculating the terms, enshrined in Art. 14 of the Labor Code of the Russian Federation, - from the day following the day the employee submitted the application. Calendar days are taken into account, not business days. So, if an employee submitted an application on Friday, 12/30/2016, then the period will begin to run from 12/31/2016 (despite the fact that this day is a day off). The deadline will be on the corresponding day of the week after 14 days, in the example given, on Friday, 01/13/2016.

Starting from the day the application was submitted to the employer and until the last day of working off, the employee has the right to withdraw his application. Such a right was granted to him, part 4 of Art. 80 of the Labor Code of the Russian Federation. It seems that the cancellation of the application must be carried out in writing (similar to the application). Upon receipt of the relevant document, the employer is forced to stop all activities related to dismissal.

IMPORTANT! The law establishes one exception: the employee is still subject to dismissal if the employer has already invited another person to take his place, who cannot be denied imprisonment labor contract. The invitation must be documented (be written), otherwise the employee will successfully appeal the dismissal in court.

When a two-week work is not required

The law provides for a number of situations when an employee does not need to wait until a certain period expires for dismissal (part 3 of article 80 of the Labor Code of the Russian Federation). So, the employer is obliged to formalize the dismissal on the day chosen by the employee and indicated by him in the application for dismissal, in cases where the termination of work is due to the following circumstances:

• admission to educational institution to study;
• retirement;
• other cases of inability to work.

This list is open. In practice, the circumstances that give an employee the opportunity to quit without working out are often recognized: the illness of an employee, moving to the place of residence of the spouse, transferring the spouse to work in another region, and some others.

Don't know your rights?

Separately, such a circumstance as a violation by the employer of the norms of labor legislation is singled out. Examples include non-payment or delay of wages, refusal to provide legal rest time, etc. However, such a violation must be recorded in writing by the competent authorities, which may include:

• commission on labor disputes;
• Labour Inspectorate.

This was emphasized by the Supreme Court of the Russian Federation in its decision of March 17, 2004 No. 2 (subparagraph “b”, paragraph 22). However, in practice, the positions of the courts are contradictory. So, in one case, the refusal of the employer to dismiss the employee on the date chosen by him was recognized as lawful, since the fact of violation of labor law norms was not recorded (determination of the Moscow City Court of August 26, 2011 in case No. 33-26923). And in another case, the court pointed out: if violations of the law are confirmed by the case materials, the refusal to early dismissal illegal, despite the absence of fixation of violations by the relevant authorities (appellate ruling of the Moscow City Court dated 08.08.2013 in case No. 11-23649).

How to calculate the last day of work if the date of dismissal is not indicated in the application

Not always employees who have expressed a desire to quit indicate a specific date for the end of employment in the application. And the employer may have a question: on what day to make a dismissal so as not to violate the law?

It is recommended in such a situation to dismiss the employee on the last day of the notice period for the termination of the employment contract (in the general case, on the 14th day after the application is submitted). Dismissal both earlier and later than this day may be considered unlawful.

Thus, dismissal before a 2-week period by the court can be regarded as a violation of the employee's right to withdraw his application before the last day of work. After all, by virtue of part 6 of Art. 80 of the Labor Code of the Russian Federation, labor relations are considered continued if, after 14 days, the employee does not insist on dismissal and continues to perform his labor functions.

At the same time, dismissal at a later date may be recognized as a violation of the employee's right to take up duties at a new place of work.

Thus, dismissal earlier or later than the legal term of the notice of dismissal may threaten the employer:

• the imposition by the court of the obligation to pay the employee the average salary for the time of the forced absence from work, to reinstate the employee due to the illegality of the dismissal;
• the imposition of administrative fines under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

In view of the foregoing, the employer needs to calculate the last day of work based on the fact that it will be the 14th day after the employee submits the application.

The last day of work is a day off: from what day is the employee considered fired

Often the last day of working out upon dismissal coincides with the day off (according to the work schedule). What is the date to fire an employee? The answer is unequivocal: on the same 14th (3rd, if we are talking about seasonal workers, etc.) day.

Part 3 Art. 84.1 of the Labor Code of the Russian Federation contains general rule: The employment relationship ends on the last day of the employee's work. The only exceptions are situations where the employee did not actually work, but the average salary was kept for him.

Thus, the day off according to the schedule is for the worker during the day when he actually did not work, but was in an employment relationship. On such a day, the Labor Code of the Russian Federation does not prohibit dismissal. In addition, the employer has no reason to arbitrarily change the date of termination of employment contrary to the will of the employee, expressed in the application.

The dismissal of an employee on a different day may entail the consequences indicated above.

Let's summarize. Calculating the date of dismissal upon dismissal of an employee at his request is not particularly difficult. However, the employer should not arbitrarily change the term of dismissal, unless the employee requests it (in writing).

How long does an employee have to work upon dismissal? own will? By general rule 2 weeks. It is for such a period that the employee is obliged to notify the employer in writing about the termination employment contract on their own initiative.

And how to count 14 days upon dismissal? As indicated in the Labor Code of the Russian Federation, the specified period begins on the day following the day the employer receives an application from the employee for dismissal (Article 80 of the Labor Code of the Russian Federation). Let's look at specific example, as considered working out 14 days.

Appraiser Pogodin M.V. filed a voluntary resignation letter on January 17, 2017. Then he will start working for 2 weeks on January 18, 2017, and the last day of his work will be January 31, 2017.

Note that the employer can dismiss the employee earlier, without requiring him to work for 2 weeks. This issue is resolved by agreement between the employee and the management of the organization.

Exceptions to the rule

How many days the employee must work upon dismissal if he decides to terminate the employment contract during the period of probationary period? For such cases, the Labor Code of the Russian Federation provides for more short term working off - only 3 days (Article 71 of the Labor Code of the Russian Federation).

In addition, in some cases, the employer must completely dismiss the employee on the day that he indicated in his application without any working off. This applies to those leaving:

• pensioners by age;
• employees enrolled in an educational organization;

Dismissal with working off 2 weeks: how to count taking into account holidays

Another actual question how to count two weeks of working off upon dismissal if they capture holidays. For example, an employee notified his employer of his planned layoff on December 28, 2016. Accordingly, all New Year's holidays were included in the working off period (Article 112 of the Labor Code of the Russian Federation). Does it need to be extended now?

In accordance with the Labor Code of the Russian Federation, the period calculated calendar weeks, includes non-working days and expires in last number the corresponding week of the term (Article 14 of the Labor Code of the Russian Federation). In addition, there are no special rules in the Code that the employee must work for the specified 14 days before dismissal - not to be on vacation, not to get sick, etc. (Letter of Rostrud dated 05.09.2006 N 1551-6). Therefore, when calculating the period of 2-week work, non-working holidays should be taken into account, that is, included in it.

Accordingly, in the example under consideration, working off (2 weeks) includes holidays from January 1 to January 8, and the last day of the employee’s work will be January 11, 2017.

Few workers are surprised at the need to work out upon dismissal. But with the calculation of the last day of work, disputes often arise. Learn how to correctly calculate working hours, taking into account weekends and holidays, and from what date to start and end the countdown.

Read our article:

Dismissal with working off 2 weeks: how to count

Issues related to the termination of the contract are regulated by Art. 80 of the Labor Code of the Russian Federation. Working off a retiring employee depends only on the desire of the employer, the period may vary, but should not exceed two weeks.

A reduced period is set for a person,. It is only 3 calendar days (Article 71 of the Labor Code of the Russian Federation). And employees who leave due to retirement or enrollment in an educational institution can leave on the day the application is submitted (Article 80 of the Labor Code of the Russian Federation). Please note that in this case, the application must state the reason and attach the relevant documents confirming the need for urgent care.

You should be very careful about retirement. For this reason, a person, therefore, before starting the procedure, it is worth checking work book employee for such records.

In what cases is it necessary to work out 14 days

To work out for a departing person or not - the company determines. If there is a need for the presence of this particular employee at this particular period of time, then working off is indispensable. None legitimate reasons for release from work does not exist, only good will employer.

Often in enterprises there is controversial issue when there is a dismissal with a working off of 2 weeks: how to count these days? According to the law, if an employee decides to leave work of his own free will, the administration of the enterprise has no right to refuse him. If the parties agree, then the employment contract can be terminated immediately, but if the employee needs to look for a replacement, the administration has the right to demand to work for 2 weeks upon dismissal. And here there are nuances.

How to make an application

Since the employee is about to leave, it is this desire that must be clearly reflected in the application. It is better to use the wording of termination of the employment contract, dismissal, termination of employment.

If, however, the desire to quit is called dismissal from one's position or resignation, the content will become ambiguous and cannot be the basis for issuing a dismissal order. In this case, the employer has the right to demand that the application be rewritten, more clearly stating the intentions.

The next "slippery" place in the letter of resignation is the date of termination of the contract. It will be an employee’s mistake not to indicate the desired date of dismissal, because the Labor Code says that the employer is warned “no later than 2 weeks in advance”. Therefore, to hope that a statement with an “open” date automatically implies a period of two weeks is a clear mistake. The phrase "no later than 2 weeks" can mean a month or six months.

When does the expiration date start

It would seem, what is easier: wrote a statement and be free in a couple of weeks. The next mistake of many employees is the belief that the countdown of the working period should be started immediately, as soon as the application is written. It is on this basis that many conflict situations. Do not get excited and engage in pointless disputes, it is easier to familiarize yourself with the procedure based on legislative framework. The basic rules for dismissal are described in the 80th Art. Labor Code.

The employee writes the application in his own hand. After approval by the head of the application, you can make a photocopy or you can immediately write it in two copies: one with a visa is returned to the employee, and the second is transferred to the personnel department or accounting department for registration with the assignment of an incoming number. When the boss imposes his resolution on the document, he must indicate the date of approval. The term begins to count down the next day after the employer receives a written warning from the worker about his desire to quit.

When does the expiration date end?

Working days can be calculated according to the usual calendar: from the next day after the application is submitted, 14 calendar days(not only workers), and the 14th day will be the last day of work, at the end of which the employee must receive Required documents and full cash. An entry in the work book is also made on this day.

Two weeks is a general term, but some categories of workers are not subject to it, or exceptions are possible for them.

If a person has entered into an agreement for a period of not more than 2 months or his work is seasonal, he can notify the employer 3 days before the desired term of dismissal (Articles 292, 296 and 71 of the Labor Code of the Russian Federation). An employee who is on probation may do the same. If the head of the organization decides to quit, he warns his employer no later than a month before the desired date (280th article of the Labor Code). To avoid further misunderstandings, the date of dismissal must be clearly stated in the application, without using any pretexts:

• “I ask you to consider April 15, 20 .. as the last working day”;
• "I ask you to dismiss on April 15, 20..".

But the wording “I ask you to dismiss from April 15” will be considered vague. It becomes unclear whether the employee is going to work that day or not. In this case, the employee must be asked to rewrite the application. If he refuses, then the procedure for notifying the employee about the incorrectness of the wording of the application and the lack of information for his dismissal is carried out in writing under the signature.

Last day of shift work

According to the 14th Art. The Labor Code of the Russian Federation shall consider the expiration date of any period to be the next business day if this date falls on a weekend. But when working in shifts on the interpretation of this paragraph, you have to thoroughly rack your brains: upon dismissal with working off for 2 weeks, how to count and what to do if the last day of working off falls on the actual day off of an employee or organization?

For example, the dismissal should occur on April 15, but on the 14th and 15th the employee has a day off. The administration does not have the right to dismiss him earlier (April 13, on the actual last day of work), since the law still retains him until the 15th workplace.

Such situations should be foreseen by the employer at the stage of receiving the application and immediately work out an agreement with the employee, finding out whether this particular day of dismissal is important for him. The easiest way would be to rewrite the application so that the date of dismissal is a day that is not a day off for either the employee or employees of the personnel and accounting department.

But if an employee indicated a specific date and insists on it, and it falls on Sunday (moreover, the person leaving works on this day, but the organization does not), you will have to calculate it on that day. The order can be issued in advance and familiarize the employee with it, and the employee of the accounting department and the personnel department will have to be taken to work in order to issue a calculation and a work book. But for this you have to get their consent.

Unfortunately, labor law does not clearly describe the procedure for dismissal on weekends with rotating work schedules, so it is easiest to work out compromise conditions in such cases.

Very often you can hear the following question: “Is it necessary to work for two weeks upon dismissal of one’s own free will?”. When a person resigns of his own free will, he must follow the requirements of the law and the rules for dismissal.

At the same time, the provisions of the contract / labor agreement still remain in force for the parties, as well as other local documents. This period is not strictly binding and fixed in all cases, as situations may be different. Nevertheless, this is the general period established upon dismissal at the initiative of the employee.

It would seem that a person himself leaves the workplace and why does he need a working off? There is a reasonable explanation for how much you need to work out upon dismissal of your own free will:

1. the employee has a legitimate time to think things over, because often the decision to quit is made “on emotions”. The employee, before the expiration of 14 days, 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 it.
2. Bosses have time to start looking for a new employee or find a temporary replacement for an employee.

In such a case, a two-week “work off” is a legal practice and a general rule provided for labor rules so there is no infringement here. The employee is obliged to work the remaining days, unless otherwise agreed with the superiors.

Two-week working off upon dismissal of one's own free will is not the main standard, since you can always agree with the employer on shorter terms or leave the workplace immediately. If the authorities do not make concessions, then general working off cannot be avoided.

REFERENCE: Application for dismissal is not a "panacea" for violations labor discipline. In case of unwillingness to work out the remaining days, the employee will be immediately dismissed under Art. 81 of the Labor Code of the Russian Federation. The manual qualifies such an action as absenteeism.

Is it necessary to work out 2 weeks upon dismissal of one's own free will, and more specifically, can the period be changed? The two-week period is just a general period of working out, but situations are different.

The legislator gives the parties the opportunity to independently agree on a different period of time and the period of working out upon dismissal of their own free will.

In this case important point here is only the consent of the authorities. It is it that will decide how many days to work out upon dismissal of their own free will or not to do it at all.

It is noteworthy that such a concept as "working out" in Labor Code no. This definition is a kind of "slang" for both retiring employees and "personnel officers". But how much you need to work out upon dismissal of your own free will is reflected in the law.

According to the legislator, "development" is just a term for warning the authorities about their departure, which can be according to Article 80, , 280 of the Labor Code of the Russian Federation:

• 3 days;
• 14 days;
• month;
• other term.

Thus, the decision on how many days you need to work out upon dismissal of your own free will may depend on various reasons. We'll talk more about this later.

What does the term depend on?

The law provides for all circumstances and life situations, which automatically increase or decrease the working period. Not applicable to all employees general principle article 80 of the Labor Code of the Russian Federation.

There are several reasons here, on which depends how many days you need to work out upon dismissal of your own free will:

• 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 head.

Longer working off de jure is provided for the following employees:

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

These categories of persons are required to notify the employer of their departure exactly one month in advance. Accordingly, their terms of working out in this case will be equal to the monthly period. This is not provided for any other employees, but the agreement with the authorities may be different. Is it mandatory to work out upon dismissal of one's own free will 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 the management finds a replacement for him.

IMPORTANT! Athletes or coaches work out 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 in accordance with the general rule. At the same time, it does not matter who they are by position, specialty, and whether they are members of the management team.

An employee can immediately leave the workplace or the law gives him a minimum period for this, but this is possible under certain circumstances. Separate categories of workers should work only 3 days, i.е. it is for such a period that they need to warn management about their departure.

This is acceptable if there are the following reasons:

• 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 the smallest, and management can calculate the employee on the same day and there is no need for him to appear in the organization.

The employee may immediately leave the workplace without any working off.

This will be possible if there are significant legal facts that make it impossible to stay at 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's work abroad;
• caring for a sick child or relative;
• other circumstances.

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

However, the authorities may require the employee to present relevant certificates, documents confirming the presence of certain good reasons.

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

Do I need to work 2 weeks upon dismissal of my own free will?

As mentioned earlier, a departing employee usually works in the organization for the last 14 days. This is an axiom of the provisions of Art. 80 of the 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, one desire is not enough, therefore, it is necessary to draw up an application addressed to the head 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 should be drawn up in accordance with the well-established basics of office work.

In the upper right corner they write the so-called "cap", where the following data is indicated:

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

In the middle of the sheet, the word “Statement” is written, and then comes the main text, where the employee briefly states his desire to leave the workplace. You do not need to specify in detail the reason for leaving and somehow motivate your actions in 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 mind / 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 “of their own free will” 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 authorities will dismiss the employee under Article 78 of the Labor Code of the Russian Federation.

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

If there is reason to leave work immediately, then all medical certificates and other documentary evidence confirming the right to immediate dismissal must be attached to the application.

How are days calculated?

And when does work begin upon dismissal of one's own free will, from what day? Remaining days labor activity are calculated simply.

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

Accordingly, if the date of writing “January 26, 2017” is indicated in the application, then the countdown of the remaining days starts from January 27, 2017.

And how much is it necessary to work out upon dismissal of one's own free will, taking into account holidays and weekends?

It should be remembered that any development is calculated calendar. This means that in a fortnight and another set time 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 calculate how many days to work out when you are dismissed of your own free will and reduce the actual workers.

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

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

It often happens that an employee “at the wrong time” falls ill. What is specific here? It is worth knowing that the days of temporary disability are also included in the remaining period of work, that is, the terms are not transferred or extended.

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

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

Upon termination, the employee is paid financial compensation for all unused vacations.

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

In the event of dismissal due to the expiration of the term of the employment contract, leave with subsequent dismissal may also be granted when the time of leave completely or partially goes 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 application for dismissal before the day the vacation begins, if another employee is not invited to his place in the order of transfer.

This means that the 2-week working time 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 the dismissal of one's own free will with working off 14 days is already included in vacation days. The employee works as if nominally, but at the same time he officially rests.

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.

You need to write something like the following in the document: “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, in fact, you will have to work only before the start of the holiday.

This is acceptable if the employee has remaining vacation days or his rest time has come up 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 the employee just wants to quit, bypassing the vacation, then he needs to ask the management in a statement to pay compensation in cash for the remaining vacation days.

At the very last moment, the authorities return the completed work book to their hands and fully pay off the employee. At this stage, he is considered officially dismissed.

In conclusion of the conversation on the topic of whether it is necessary to work out two weeks upon dismissal of one's own free will, it must be said that “working off” the remaining days is not a very suitable definition for this case. There is no such definition in the law.

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

Total working time last days– 2 weeks, but this period is not strictly fixed. Legal situations are different, and you can agree with your superiors on any time frame.