How long must an employee work when leaving voluntarily? As a general rule, 2 weeks. It is within this period that the employee is obliged to notify the employer in writing of the termination of the employment contract on his own initiative.

How do you count 14 days upon dismissal? As stated in the Labor Code of the Russian Federation, the specified period begins on the day following the day the employer receives an application for dismissal from the employee (Article 80 of the Labor Code of the Russian Federation). Let's look at a specific example of how 14 days of work is calculated.

Appraiser Pogodin M.V. submitted his resignation letter on January 15, 2020. Then he will start working for 2 weeks on January 16, 2020, and the last day of his work will be January 29, 2020.

Please note that an employer can fire an 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 must an employee work upon dismissal if he decides to terminate the employment contract during the probationary period? For such cases, the Labor Code of the Russian Federation provides for a shorter working period - 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 he indicated in his application without any work off. This applies to those leaving:

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

Dismissal with 2 weeks of work: how to calculate taking into account holidays

Another pressing question is how to count two weeks of work upon dismissal if they cover holidays. For example, an employee notified his employer of his planned dismissal on December 26, 2019. Accordingly, all New Year's holidays were included in the working 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, a period calculated in calendar weeks includes non-working days and expires on the last day of the corresponding week of the period (Article 14 of the Labor Code of the Russian Federation). In addition, there are no special rules in the Code stating that the employee must work the specified 14 days before dismissal - not be on vacation, not be sick, etc. (Letter of Rostrud dated 09/05/2006 N 1551-6). Therefore, when calculating the period of 2-week work, non-working holidays must be taken into account, that is, included in it.

Accordingly, in the example under consideration, the work period (2 weeks) includes holidays from January 1 to January 8, and the employee’s last day of work will be January 9, 2020.

If you decide to change jobs, it is important to take seriously compliance with all formalities and management requirements. One of them is a mandatory two-week work period, and questions often arise about its legality. How legitimate are the employer’s demands and is it possible to avoid this obligation?

You can try to negotiate with your superiors

The very wording “working for two weeks” is not entirely accurate. The Labor Code is not talking about mandatory work, but rather that you are obliged to notify your boss no less than two weeks before the day of dismissal if you leave of your own free will. This rule does not apply to cases of violation by the employer of the employment contract. If you don’t know how to quit without working for 2 weeks, you don’t need to immediately look for violations to do this. There are other reasons to leave without working; in the end, you can come to an agreement with your boss.

All of the above means that if you submitted your resignation and then went on sick leave, for example, which lasted at least two weeks, you no longer need to work after that. Your job is to notify your boss two weeks in advance, but whether you actually worked at that time or not is no longer important.

Cases of violation by a boss of an employment agreement are difficult, because the fact of violation itself must be proven, and this will take time. The first step is to file a complaint with the competent authorities. These could be trade unions, labor dispute commissions, or courts. After this, the verification begins. It is difficult to say in advance whether the authorized body recognizes the violation or not. Non-payment or delay of wages is not a reason specified in the Labor Code, so in this case the outcome is also ambiguous. If the court nevertheless records a violation, and the boss refused to fire you on the due date, he will pay a fine. The period is not always exactly two weeks. There are cases in which you can give notice three days before immediate dismissal:

• If your probation period has not yet ended
• If your job is seasonal
• If you work under an employment contract for a period of at least two months
• Sports coaches and employees holding managerial positions are required to give one month's notice of their resignation.

Do I have the right not to work?

There are cases when an employee may not work, but they are quite arbitrary. For example, people often find out about retirement or moving in advance, which means you can warn your boss some time before leaving so that he has time to take action and find a replacement for you, as well as prepare documents and calculations. The official reasons for dismissal without two weeks of work are:

1. Retirement. Whether a pensioner leaves on time or works in retirement and suddenly decides to leave, he has the right not to work.
2. Moving to another city or country for permanent residence
3. Relocation due to the transfer of a spouse to a new workplace in another city or country
4. Violation of the terms of the employment contract by the employer
5. Enrollment in an educational institution

If your boss has violated the terms of the contract, you do not need to leave immediately until the violation is established. Failure to show up for work within the two-week period will be regarded as absenteeism, which means you can be fired not at your own request, but under the article. There are other reasons that may be considered valid. But since they are not specified in the Labor Code of the Russian Federation, the decision will depend on the employer himself and the authorized bodies. What other reasons could there be?

• If you are sick and the illness prevents you from continuing to work
• If you have been selected for a competitive position
• If you are called up for military service
• If you are under 14 years old or a disabled child under 18 years old
• If other family members need care
• If you are pregnant and want to quit
• If the company you work for is liquidated.
• If you are fired due to reduction

Is it possible to go on vacation before quitting?

Perhaps the best solution to avoid detention. You have the right to take paid leave if you have not already done so. But the vacation must last at least two weeks. Standard vacation is 28 days, for teachers it is 42-56 days. So, first you write a statement addressed to your boss, in which you indicate that your dismissal follows after the vacation. But since you need to apply for leave a month in advance, it turns out that you still warned your boss in advance and even earlier than two weeks. The benefit is that the day of dismissal is considered the last day of vacation, plus you receive vacation pay. During this time, it is quite possible to find a new job.

If you don’t want to go on vacation, but you are entitled to it because you haven’t had a vacation this year yet, you have the right to receive compensation. Even if the employee is a minor or is a pregnant woman (they cannot accept compensation or refuse leave), compensation is possible in the event of dismissal.

If you have not taken a vacation for two years in a row, then you can receive monetary compensation for two vacations or take one vacation and receive compensation for the second. You cannot take two paid vacations at once.

If during a legal vacation you get sick and receive sick leave, the vacation can be extended or postponed for the same number of days that you spent on sick leave. You can also take unpaid leave, but in this case you need a good reason. Without good reason, your boss may not let you go. The following have the right to take such leave:

• WWII veterans
• Pensioners continuing to work
• Disabled people
• Parents and spouses of military personnel or those killed during military service
• If you need leave due to the birth of a child, the death of a loved one, or a wedding.

What to do if you change your mind about quitting?

Before the end of your service, you have the right to change your mind and withdraw your resignation letter. However, if you are going on vacation, it is better to do this before you go on vacation. The matter will become more complicated if another employee has already been invited to your position, who also has the right to this job. But in such a situation, it makes sense to require written confirmation of the agreement with the new employee. The phrase “I’ve already hired someone else in your place” has no legal force.

It happens that for some reason an employer refuses to provide written evidence of hiring a new employee for your position. In this case, ask him to put the refusal in writing with a detailed description of the reasons. It is no secret that sometimes an employee is forced to write a letter of resignation of his own free will, citing the fact that everything is being done for his good, otherwise there will be other reasons for dismissal, but under the article. The employee agrees, writes a statement, and then thinks it over carefully and decides to take it away. If you are not allowed to do this, you should go to court.

Now the court is increasingly siding with the employee. After this (if you win in court), you will be reinstated in your position without fail and paid wages for the entire time that the proceedings were ongoing. But if two weeks have already passed, you no longer want to leave work, and the boss has already changed his mind and is in no hurry to count you and give you your work book, that is, in fact, the employment contract has not been officially terminated, the resignation letter is considered invalid, and the employee can continue working.

Documents and calculation

The solution is to go on vacation

On the employee’s last working day, the boss is obliged to pay him, that is, pay his salary, vacation pay or compensation, if any. If this does not happen and the boss delays payments, then for all days of delay he must pay an amount equal to the employee’s average daily salary. The last working day is considered the last day of vacation taken after writing a letter of resignation from the position. Therefore, under such circumstances, all calculations are carried out on the last day of vacation.

Refusal to return the work book after the deadline after writing the application is a serious violation. If this happens, material damage is also compensated for each day the book is retained, since its absence does not allow you to get a new job. In the labor day, the date of dismissal is set to the date when the book was issued to the employee. To do this, you need to write a statement addressed to your former boss stating that you received the book, you were paid compensation and the date of dismissal was changed.

If the employer still does not return the work, feel free to go to court. However, you need to remember that no more than a month should pass from the date of dismissal to go to court. If more than a month has passed, then you need to have good reasons for not going to court for such a long time, better documented. Your boss's chances of winning the case increase as the month passes.

However, the employer is not considered responsible for withholding the employee’s book if the employee himself did not come to pick it up on the day of dismissal or if the employee ignored the notice to appear for the book or to give permission to send it by mail.

This video will tell you how to quit your job the right way:

Quitting without two weeks of work - this issue often causes controversy: employees misinterpret the law, passing off subjective circumstances as the impossibility of continuing work. We tell you whether it is necessary to work for two weeks upon dismissal and how to quit on the day you submit your application.

Is work required?

As a general rule, dismissal at the initiative of the employee is carried out after two weeks, starting from the next day after receiving the relevant application. Calendar days are taken into account, including weekends and holidays. But is it necessary to work two weeks from the point of view of the law? Or are there exceptions or special circumstances that allow you to leave earlier?

Working out 2 weeks upon dismissal is not necessary when there is a probationary period - it allows you to leave after three days (Article 71 of the Labor Code of the Russian Federation). A similar short notice period is established for temporary and seasonal workers, whose contract period is limited to two months. The procedure is regulated by Art. 292 and 296 of the Labor Code of the Russian Federation, respectively. They can leave the organization three days after warning the employer about this.

If you cannot avoid working time, and it is no longer possible to be present at the workplace, you can take the remaining days of vacation. If there are 14 of them, then the last day of rest will become the day of dismissal. In this case, you need to write a corresponding application for leave with subsequent dismissal.

If dismissal is by agreement of the parties

Is it possible to quit without working by agreement of the parties? It is impossible to oblige the employer to meet you halfway, but such a possibility exists in itself. Article 77 in part 1 establishes the agreement of the parties as the basis for termination of an employment contract. Reference norm: Article 78 of the Labor Code of the Russian Federation states that the parties can exercise this right at any time.

Is it necessary to work off upon dismissal by agreement of the parties? It turns out that no. More precisely, there is no mandatory 14 days - the period is determined by the parties.

In the application, the employee must indicate that he is asking to be dismissed by agreement of the parties from a certain date. The director’s resolution must express agreement with the employee’s will, which will serve as the basis for further execution of the order and making an entry in the work book.

This basis does not provide additional payments or other benefits. There is only one benefit - there is no 14-day work period.

How to leave without working due to objective circumstances

Objective circumstances are circumstances that the employee cannot influence. But not all events meet these criteria. Article 80 of the Labor Code of the Russian Federation indicates the possibility of leaving without working in the case of:

• enrollment in an educational institution;
• relocation of one of the spouses to another city or even another country;
• deterioration of health;
• the presence of children for whom there is no one to look after;
• caring for a disabled child or sick family member;
• pregnancy;
• other reasons.

It turns out that the Labor Code does not contain an exhaustive list of such circumstances or criteria by which the incident can be classified into a similar category. Because of this, in practice, conflicts arise between the parties. The employee tries to adapt any reason to “another reason,” and the administration demands evidence of the impossibility of continuing work. And yet, how can you leave without working for 2 weeks?

Labor legislation provides some grounds for terminating a contract before 14 days, but they need to be proven.

It is usually quite simple to prove the reasons for imminent dismissal. To do this, you need to attach the relevant certificates to the application for dismissal without service. This could include health certificates from medical institutions, calls from educational institutions, certificates about the closure of preschool educational institutions, and so on.

Do I need to work off work due to a change of residence?

Is it possible to quit without working for two weeks if? Moving on a man's own initiative is not grounds for shortening his term of service. There is one nuance with women. If she is forced to leave her workplace due to the transfer of her military husband to a new duty station, then she must be released early. It’s easy to prove - just bring a certificate from your spouse’s place of service confirming the transfer.

In practice, employees present the purchased tickets, considering this an argument that should play a decisive role in the director’s decision-making. But in reality, the tickets purchased are the employee’s problem. They will not affect the final decision in any way.

Is work required when quitting because of children?

Do I need to work 2 weeks if I am fired for this reason? Simply having children is not a reason to leave quickly. Often women write a statement indicating what they need.

The law connects the lack of work with the impossibility of continuing work. Why yesterday a child did not interfere with visiting the workplace, but today the same child acts as an objective impossibility of continuing the labor relationship? The mother will have to prove her position. For example, a child went to kindergarten, which was closed, or the nanny quit. Or the child is sick and needs constant care (prove with a certificate or doctor’s report). That is, before the baby was accommodated, but now he is not.

Does a pensioner need to work?

What to do in this situation? Does a pensioner work 2 weeks upon dismissal? Retirement is the basis for early retirement from work, according to Art. 80 Labor Code of the Russian Federation. But we are talking about initial retirement, and if a working pensioner decides to quit (he had already quit before retiring), then he will have to work. This is similar to child care: if a pensioner worked yesterday, it means that the pensioner status itself did not prevent him from working.

Is it possible to quit without working due to special circumstances?

When analyzing the question of whether it is possible to quit without working for two weeks, you need to pay special attention to the circumstances of making this decision. Special circumstances are considered:

• admission to the University;
• conflict situation with the employer;
• the employer exceeds his powers;
• violation of deadlines for payment of wages;
• an inadequately equipped workplace, and so on.

When entering a university, employees usually leave before September 1st. Despite the fact that enrollment is known much earlier than this deadline, many want to finish their studies before the end of the summer. In this case, if you wish to resign without service, you must attach a certificate from the educational institution confirming enrollment to your application.

If the employer violates the Labor Code, there is a long delay in wages, vacation pay or maternity pay, and even more so if the employer behaves inappropriately, there is also a desire to leave work without working for two weeks. It is often difficult to prove this, so the best way is to reach an agreement peacefully.

If the employer is against

In the absence of the grounds discussed above, there are no ways to influence the employer. We'll have to hold out for two weeks. But you can “get sick”, since the days spent on sick leave are included in the working period.

However, you can try to negotiate peacefully. One option is to independently find a qualified worker to replace you. Usually, in this case, the employer makes concessions and agrees to sign a letter of resignation without work.

If we are talking about the employer’s refusal if there are legal grounds for leaving on the day specified in the application, then write a complaint or go to court, or, for example, to the labor inspectorate. The complaint can be submitted in person, by mail or electronically. You need to complain to the inspectorate of the district in which the organization is registered. There is one disadvantage to this: the proceedings can drag on for months.

Sample application for dismissal without service

An application, if it is necessary to resign without working for two weeks, is drawn up in the same way as a standard application for dismissal. The only caveat is that the text must reflect your desire to resign without work.

The document must contain the following information:

• the position and initials of the manager who decides on the opportunity to leave work without working for two weeks;
• Name of the organization;
• position and initials of the person leaving;
• text. It could be like this: “I ask you to dismiss me on October 1, 2019, without work due to the need to care for a child for 5 years”;
• list of documents confirming the reasons for dismissal. In our case, this could be, for example, a certificate of closure of a kindergarten;
• date and signature with transcript.

An application without processing can be completed either by hand or using printing technology. But you must sign it yourself.

After approval of the application, you need to make sure that all work files are in order and ready to be transferred to another employee. You also need to pick up all the documents required upon dismissal and wait for the final payment, taking into account compensation for unpaid vacation.

Ask questions and we will supplement the article with answers and explanations!

As a general rule, in accordance with part one of the Labor Code of the Russian Federation, an employee has the right at any time, on his own initiative, to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by the Russian Federation or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

Before the expiration of the notice period for dismissal, the employment contract can be terminated by agreement between the employee and the employer (part two of the Labor Code of the Russian Federation). In this case, to terminate the employment contract on the day specified by the employee, only the consent of the employer is sufficient.

Labor legislation also defines cases when the employer is obliged to terminate employment within the period specified in the employee’s application, regardless of the period of notice to the employer of termination of the employment contract.

Thus, the employer is obliged to terminate the employment contract within the period specified in the employee’s application, when the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work.

In other words, the employer’s obligation to terminate the employment contract within the period specified in the employee’s application occurs if there are certain objective reasons that make it impossible for the employee to continue working. This was confirmed by the Supreme Court of the Russian Federation dated November 16, 2006 N GKPI06-1188.

The Labor Code of the Russian Federation gives as an example only two circumstances of dismissal of an employee due to the inability to continue work, noting that others are possible.

In this regard, we note that in paragraph 7.2 of the explanation of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated October 25, 1983 N 8/22-31 “On some issues related to the application of legislation on strengthening labor discipline” along with cases of enrollment in an educational institution, access to retirement, moving to another area was cited as a valid reason for not continuing to work. The Plenum of the Supreme Court of the Russian Federation also classifies as valid reasons for dismissal the inability to continue working due to the sending of a husband or wife to work abroad, to a new place of service (clause 22 of the resolution of March 17, 2004 No. 2 “On the application of the Russian Federation by the courts of the Russian Federation” ( hereinafter - Resolution No. 2)).

Thus, the employee's inability to continue working must be determined on a case-by-case basis, taking into account the specific circumstances.

In addition, the employer is obliged to terminate the employment contract within the period specified in the employee’s application in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract. These violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor legislation, trade unions, labor dispute commissions, and the court (clause 22 of Resolution No. 2).

In other cases, the employee, within two weeks after submitting the application, is not released from performing his job duties. Failure to comply with them may lead to the dismissal of the employee for absenteeism (clause 39 of Resolution No. 2, Lipetsk Regional Court dated 08/11/2008 N 33-1446/2008, Moscow City Court dated 06/24/2010 N 33-16033).

The answer was prepared by:

Expert of the Legal Consulting Service GARANT

Naumchik Ivan

Response quality control:

Reviewer of the Legal Consulting Service GARANT

Voronova Elena

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.