Life does not stand still, and sometimes a person has a desire to leave the current job, or, simply put, quit. The desire is quite legitimate, and it is comprehensively regulated by the current Labor Code (LC) of the Russian Federation.

As part 1 of article 80 of the Labor Code of the Russian Federation interprets, an employee, intending to quit, must inform management about this 2 weeks before the planned event. Such a period is provided for in the legislation in the interests of both the employer and the employee himself:

• the employer will look for a replacement for the vacant workplace; at the same time, he must meet 14 days, which are counted from the date following the date of filing the application;
• the employee is allowed to change his intention, and he is given 2 weeks to think; during this time, he has the right to stop the process of dismissal and stay to work in the same place.

It often happens that fluctuations are rejected, moreover, a person does not want to wait for the required 14 days. For a quick release from official duties there are several ways.

The most convenient way to quit quickly is to negotiate with the authorities so that they accept the dismissal option that suits the employee. After all, the manager is not obliged to demand a two-week working off, this is only his right: as Article 77 indicates, an employment contract can be terminated at any time.

Therefore, if there is no harm to the work process, then the employee is released on the day he indicates, albeit the next after the application is submitted.

In this case, there is no need to change the wording of the grounds for dismissal “at the initiative of the employee”, they simply dismiss him before 14 days expire. In order to avoid misunderstandings, it is advisable to draw up a written document, which will indicate the agreed period of working out. The only restriction is that it cannot be more than 14 days.

You can also quit quickly, but with a different wording - "by agreement of the parties." She in recent times has gained a certain popularity, since it is convenient for both the employer and the employee:

• gives the right to avoid working off;
• allows you to provide additional payments, or, conversely, avoid them;
• the application cannot be canceled by one of the parties, mutual consent is required. In contrast to the dismissal own will”, when the employee may unilaterally change his mind about leaving. Such a change of intentions can be extremely inconvenient for the leader.

Dismissal "of one's own free will" without working off

But you can't rely on good will superiors, but to take advantage of the rights that the Labor Code of the Russian Federation gives citizens.

It lists the reasons for the termination of cooperation, which allow you not to work for 2 weeks. Here the opinion of the manager does not play a role, and the dismissal of the employee is carried out immediately after the application is submitted.

The conditions that allow you to leave without working off are supported by the relevant documents, they must be attached to the application for resignation.

Here is a list of reasons that cancel working out in 2 weeks.

1. Part-time workers and disabled people are exempted from work. There is no need for additional documents, they are available from personnel officers.
2. A single mother with a child under 14, or a woman who is in charge of a child (or relative) with a disability, or a pregnant woman are dismissed without work.
3. A woman who has a child under 3 years old, regardless of her marital status, has the right not to work for 2 weeks upon dismissal. Parents with many children, with 3 or more children under 16, also enjoy this right.
4. If you signed a seasonal contract or any other contract for 2 months, or are on a probationary period, then you must notify about your intention to quit 3 days before the expected date. In this case, the processing lasts no more than 3 days.

Depending on the circumstances in which a common person, it is possible to dismiss him without working off. These include the following cases.

1. Conscription to the army, election to public office, enrollment in a university or secondary school for a hospital (a summons, a call to study or other documents are presented).
2. Health problems that interfere with the performance of work duties, or an unsuitable climate. Here justifying documents are provided by medicine.
3. Change of residence, business trip of the spouse at the place of service, including abroad.
4. If the reason for the dismissal was a documented violation of the law by the employer, then there is no question of working off.

With regard to pensioners, the approach is the same as for other citizens. There is only one moment when they are given the right to quit without working off: this is retirement itself.

Assume that a person works in a business or is employed individual entrepreneur, and at some point reaches retirement age. Here he has the right to both quit and continue to work further. He can quit later, at any time convenient for him. At the same time, it must be remembered that the head does not have the right to initiate his dismissal.

If in the end the employee decides to switch to pension provision, then he writes a letter of resignation "in connection with retirement." In general, in accordance with Art. 80 of the Labor Code of the Russian Federation, it is not necessary to indicate the reason, but now it is in the interests of the employee: he receives a benefit in the form of the right to leave without working off.

You can quit “in connection with retirement” once in your life, on the first dismissal after reaching retirement age.

If after some time the pensioner gets a job again, then he will already be fired on a general basis: in the event that the usual statement “of his own free will” is written. If it contains an indication that the author is a working pensioner, then the duration of working off is reduced from 2 weeks to 3 days.

How to avoid a two-week presence at work during the working period?

This possibility is provided by Art. 127 of the Labor Code of the Russian Federation, which regulates the granting of leave.

An employee planning to leave writes an application for leave with subsequent dismissal. He leaves work on the day he needs, and working off is counted vacation days, including unused ones.

You can do the same when you go on sick leave - with the subsequent termination of cooperation. Only in this case, in addition to the application, it is necessary to provide a sick leave.

All these options are possible only with the consent of the management. The employer is not obliged to meet the resigning employee. He can show good will, and only if it does not harm the production process.

Features of the dismissal of employees of IP

The Labor Code of the Russian Federation regulates relations between individual entrepreneurs and employees in the same interpretation as in the general case. In essence, individual entrepreneurs are the same participants in civil law relations as commercial companies, and have the same status as an employer.

The basis of the relationship with employees is the contract. Specific grounds for dismissal can be included in it, this allows Art. 307 of the Labor Code of the Russian Federation.

So, the basis for termination of the contract may be the achievement of retirement age by the employee, or another event. By signing the contract, the employee undertakes to recognize the legality of such a clause and agree to its execution.

The terms of the notice of dismissal can also be indicated in the text of the contract. If this is not done, then the IP is guided by the relevant provisions of the Labor Code of the Russian Federation. The employee does the same, if he decides to quit, he warns the employer 2 weeks in advance. If the work is seasonal, or the term of the contract does not exceed 2 months, then you can quit 3 days after submitting the application.

Voluntary dismissal is a wide field for interaction between the employee and the employer. There are many nuances here, which in most cases are regulated by law. Judicial experience, for its part, explains many controversial situations that now and then arise in practice.

Upon entry into labor Relations Both sides need to show forethought and knowledge of the law. This will save workers from losses, and employers from fines and sanctions.

There is such a general opinion about what could be simpler than the procedure and process of dismissal of one's own free will: the employee wrote a statement, the employer calculated it, and also issued a work book - and that's it. But as practice shows, such a termination of work activity does not always go smoothly both for employees and, in principle, for employers. For many people working in an organization, the question may arise with such a dismissal, from what day is the countdown of working two weeks? It is this question that we will consider in the article.

Rules for dismissal and working off

Start over. The basic rules on how to properly dismiss are enshrined in Art. 80 of the Labor Code of the Russian Federation: an employee has the right to quit any organization based on his own desire, but at the same time, he must notify the employer in writing at least 2 weeks in advance. The application must be submitted in two copies. On it, the boss puts a mark on receipt and returns one copy to the employee.

The next important step is working out two weeks. The legislation, in fact, does not provide that the person leaving the institution should work out this period, that is, it is not always necessary to work during this specified period of time. The main thing is to warn the management in advance about the dismissal. And if the employee at this time is on sick leave or on vacation, then this time will also be counted in a 2-week period.

In accordance with Art. 127 of the Labor Code of the Russian Federation, an employee may demand a vacation followed by dismissal after it, and all this will not depend on the duration of the vacation. But the director is obliged to calculate the employee and issue him a work book on his last working day, and not, say, on the last day of vacation.

This means that the answer to the question of which day to count two weeks upon dismissal is quite simple. This period of time always begins on the day after the employer receives the employee's application for termination of the employment contract (Article 41 of the Labor Code of the Russian Federation). It is also worth noting that the period, which is calculated in calendar days or weeks, also includes non-working days. If suddenly the last day of the term falls on a non-working day, then the expiration date of the term is the next working day following it.

What day is the last day of dismissal after working off?

Firstly, a two-week period begins at 00:00 hours of the day following the date of filing an application for termination of the employment agreement with the boss, and this period ends on a certain day of the week. For example, if an employee submitted an application for termination of employment on October 1, 2013, then the 2-week period will begin to be calculated from the 2nd and end on the 15th. It turns out that the employee will work 14 days.

Secondly, the boss, when accepting a letter of resignation, confirms this with a note indicating the date. Therefore, if suddenly between the date the manager received the application and the day when the employee asked to fire him, the gap is less than 2 weeks, the employer can ignore such a request and count 2 weeks on his own.

Thirdly, the working period cannot be extended.

By the way, it is worth noting that 2 weeks is the total period for a notice of dismissal of one's own free will. However, there are exceptions for certain categories of workers. For example, a director, after receiving an application written by him, can not be fired for a whole month. An employee on a probationary period can work only 3 calendar days if he has expressed a desire to leave work of his own free will.

Cases when you do not need to work out 2 weeks and who may not work them out

As any rule has exceptions, there are those who may not work out upon dismissal. So you can quit without a mandatory two-week working period in the following cases:

1. If there is an agreement between the parties on this issue. For example, a person who is about to leave the company has a good relationship with the employer, and he may well let him go without working off the due date. Either the employer simply has no desire to detain him, or there is already a candidate for this place.
2. enrollment in educational institution. If an employee entered a college, institute or university, then he can quit without any problems and the director, in turn, is obliged to terminate his employment relationship with him on the day when the former worker of the enterprise wrote a statement. But still, in this case, warn of your dismissal in advance.
3. Retirement. Pensioners also do not need to work out, since they are not required already in retirement age work.
4. Moving and a new place of residence or sending a spouse (spouse) to a new area or abroad.
5. Moving to a new place, if it is impossible to live in the previous one, due to health problems (must be confirmed with a medical certificate).
6. Inability to perform their work due to health problems.
7. Caring for a child who has not yet reached the age of 14 or caring for a disabled child can also be caring for a sick relative or disabled person of the 1st group.
8. pregnant women or those who are raising 3 or more children under 16 years of age.

Summing up all of the above, I would like to note once again the date from which the term for working out upon dismissal is set - the countdown starts from the next day, after the employer receives the employee’s statement of desire to quit. On the last day of the working day, the boss must definitely calculate you and give you a work book.

When resigning of their own free will, the employee, after submitting the application, usually has to work for another two weeks. How to count 14 days of working off, explains the Labor Code. However, there are nuances that require special explanation.

Working off two weeks: how to count

Using an example, you can consider how to calculate 14 days of working out upon dismissal if the application was submitted to the employer the day before new year holidays, usually lasting until January 8th. By submitting it, for example, on December 30, the employee has the right to go to work on January 9 and work only 5 days - 9, 10, 11, 12, 13. And then, if only none falls on a day off. On the 13th, a two-week period expires (14 days starting December 31st), and on January 14th he can already rest or start working in a new place.

How to count two weeks of working out upon dismissal if an employee is sick

Similarly, dismissal with working off is calculated in case of illness of an employee who is about to leave the company. It does not matter whether he filed an application while on sick leave, or fell ill after it was submitted - all days of temporary disability of the employee are included in the 2-week period. The Labor Code - Article 81 - prohibits the dismissal of a subordinate during a period of illness (if a sick leave is issued) only at the initiative of the management. Of his own free will, he has the right to write a letter of resignation at any time.

Citizens who categorically do not want to go to work often write a statement while on vacation, on its first day, and counting 2 weeks from this day. This is a completely correct and legal decision, since it is considered to work 14 days and during the period of well-deserved rest by the employee. In such cases, it is enough for the employee to drive to the personnel department on the last day of the vacation for the calculation and work book.

How to count 14 days upon dismissal by agreement of the parties

In the 80th article of the Labor Code, a remark was made: the employee and the employer have the right to agree on dismissal from any day. If both parties agree to do without working off, the law allows this. Therefore, upon dismissal by agreement, it is often not required, since its participants try to maximally observe the interests of each other.

The presence of an official place of employment, under certain circumstances, can become an obstacle for an employee on the way to the implementation of new ideas and plans, the implementation of urgent matters. Hoping for the possibility of immediate exit, the specialist wonders if it is necessary to work out 2 weeks upon dismissal. The answer depends on the existing relationship with the management, the characteristics of the employee's situation and the nature of the reasons forcing him to hastily leave his "familiar" place.

The current regulations do not introduce the term "mandatory 2-week work upon dismissal." Article 80 of the Labor Code of the Russian Federation states that an employee who wants to end a relationship with an employer is obliged to notify of his intention no later than 14 days before the planned departure.

The specialist needs to write a statement that clearly and unambiguously sets out his intention to leave the company, the exact date when he is going to do this. The designation of specific terms is necessary: ​​the law does not say that the document is written exactly in two weeks, it can be prepared in a month or a year.

A two-week working off exists for citizens who leave on their own initiative. This period is given to the employer to find a replacement for the departing specialist. The employee himself gets time to think: if a successor is not found in his place, he has the right to withdraw the application and remain in the organization.

The law on working off 2 weeks upon dismissal does not apply to situations where a person is removed at the initiative of the administration. Such cases do not imply the need to obtain a written application from a specialist.

Situations where you do not need to work include the following:

• a person is fired for a disciplinary violation, on guilty grounds;
• dismissal is made by agreement of the parties;
• the employee leaves the organization due to downsizing or liquidation (bankruptcy) of a legal entity;
• a person belongs to the category of persons who are not required to notify the employer of leaving two weeks in advance.

Working off 14 days is not provided for citizens who go on vacation or on sick leave with subsequent dismissal. The law does not prescribe the requirement of actually being in the service for a two-week period, it only stipulates the need to notify the administration in advance of your intention.

During the period of practice, the specialist can contact the management at any time to withdraw the application. The administration has no right to refuse him this desire. The only exception is if a new specialist is found for the vacant position, who has given written consent to start work.

Reasons for voluntary resignation

For whom is a three-day working off established?

The regulations mention the categories of persons who have the right to quit without working off two weeks. They need to notify the employer of their intention to say goodbye three days in advance. This rule applies to persons passing probation in the organization (according to article 71 of the Labor Code of the Russian Federation).

The essence of the "trial" three-month period is to enable the parties to get to know each other better and decide on the advisability of further cooperation. If an employee has realized that a particular place of employment does not suit him, he can say goodbye to the company within three days. The administration's requirement to work for two weeks would be, by definition, illegal.

The right to warn the employer three days before the alleged rupture of relations applies to persons working under a seasonal and temporary contract drawn up for a period of two months or less (according to Articles 292, 296 of the Labor Code of the Russian Federation).

Do I need to work two weeks upon dismissal

According to the provisions of the current legislation, the requirement of a two-week working off is a right, and not an obligation, of the employing company. The Labor Code of the Russian Federation provides for situations when a specialist can leave the company at a convenient time for him. There are the following options:

1. Voluntary agreement of the parties

An employee who needs to urgently leave the organization can go to management and discuss their plans. According to Art. 77 of the Labor Code of the Russian Federation, labor contract may be terminated at any time agreed by the parties.

This option is optimal for employees of small commercial structures who are not faced with the task of performing a predetermined amount of work. If you have access to a top manager who makes decisions, it makes sense to talk directly, talk about the reasons for dismissal, the problems that have arisen. It is likely that the management will listen to the arguments and approve the date chosen by the specialist.

An application for dismissal without working off two weeks is written with the number of termination of labor relations agreed with the administration. If an employee decides to be self-willed and reduces the period of tenure in the service without the permission of the management, it has the right not to sign the paper.

Important! Absence on the days prescribed by law without the approval of the administration is regarded as absenteeism. A person who has shown arbitrariness is entitled to be fired not of his own free will, but according to a guilty article. This is a stain on his official reputation.

1. Indication of the impossibility of continuing work due to valid circumstances

The legislation calls the following objective circumstances valid:

• deterioration in the health of a specialist, the presence of medical indications that do not allow him to continue his service;
• situations that entail the need to leave a particular region in connection with medical recommendations, migration to another country or subject of the Russian Federation;
• reaching retirement age;
• the presence in the family of children under 14 years of age;
• the fact of having many children (from three children in a family up to 16 years old and up to 18 if they study full-time);
• the need to care for a close relative with a serious illness or disability;
• admission to full-time education at a university;
• transfer of a spouse to serve in another region or another country.

By general rule pregnant women are exempted from the need to work.

How to leave without working for 2 weeks in the presence of special circumstances? A valid reason must be documented. For example, to provide the employer with a certificate of having many children or disability of a family member, medical testimony, papers on admission to a university, on the transfer of a spouse to another area, etc.

Important! The law does not limit the list of personal circumstances that make it possible to avoid working off upon dismissal. The main task of the employee is to prove the need for urgent termination documented.

The employer's administration reviews the papers submitted by the specialist and, in the absence of questions and doubts about their authenticity, gives the go-ahead for dismissal by the chosen date.

1. Indication of the impossibility of continuing work in connection with a violation by the employer of previously accepted obligations

The employee has the right to leave the company at any convenient date if he proves that the management violated his rights under the current legislation, local regulations or collective agreements.

It is necessary to collect documents and other evidence, indicating, for example, that a specialist was detained wages, did not transfer vacation pay in a timely manner, were regularly involved in overtime work without due pay, etc.

If, upon consideration of the evidence, the administration considers them convincing and serious, it will answer the question of whether it is possible to quit without working for two weeks, positively.

1. The use of special "tools": leave and sick leave

If the medical diagnosis does not allow the specialist to conduct labor activity further, he may receive a certificate of incapacity for work and not go to the service. The period of illness is included in the working off.

Vacation - more thorny path. If the intention to go on vacation is expressed simultaneously with the story of plans to quit, the administration has the right to answer negatively on the first paragraph, especially if the vacation is not indicated in the schedule approved by the company on an annual basis.

If an employee tried legal options on how to leave without working out for 2 weeks, but was refused by management, he has the right to defend his rights in court. This method of exposure has a significant drawback - duration. Disputes between an employer and an employee can take months to resolve. If you want to leave the company quickly, it is better to look for peaceful ways to resolve the issue.

How is the working period calculated?

As a general rule, the terms of working off do not begin from the moment the application is written, but from the date the management is familiarized with it. The difference in terms occurs when a specialist sends a document through postal services or by telegram.

To avoid disputes and conflicts, it is recommended to prepare an application in duplicate. One stays in personnel service enterprise and is subject to mandatory registration, the second remains with the employee with the signature of the head, confirming the fact of familiarization with the document.

Working off 2 weeks after dismissal is considered as follows: 14 calendar days are added to the date of receipt of the application by the administration. Holidays, weekends, sick days, vacations and time off are not deducted from the specified period.

On the last working day, the specialist is not released from execution official duties. In addition, he must perform deeds related to the termination labor relations: read the dismissal order, get personnel documents and settlement money.

Is it necessary to work two weeks upon dismissal? The answer depends on the presence of objective circumstances and the relationship of the parties. The employer has the right to reduce the terms if appropriate agreements are reached between him and the employee. If a specialist has the legal right to leave the company without working off, the administration has no right to interfere with his decision.

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Question: I want to quit my job, but they won't let me go without work. I work on a rotational basis. Is it possible to quit without working 2 weeks? What article is on this subject in the labor code?

Official place of work, reflected in the entry in work book, at some point may be an obstacle to the implementation of new plans or the implementation of some urgent matters. The reason for this may not be fatigue or a "harmful boss", but anything. Sometimes, you don’t want to leave your work team at all, but you need to quit.

Moreover, you need to do this as soon as possible - quit without working for 2 weeks, which obliges Labor Code RF. This rule is regulated by articles Nos. 77, 78 and 80, which give the employee the right to terminate employment contract on personal initiative after a written request. Notify the employer exactly two weeks before the desired date of departure.

It is obvious that the very fact of writing such a statement does not give the employee the long-awaited freedom from the employer and ahead of him are those very mandatory two weeks of working off.

There are indeed ways to quit without going through the due date. Moreover, for this you do not need to break the law or somehow "cunning". Everything is not so difficult, read and remember, this publication will give an exhaustive answer to this, for someone not just an important, but an urgent question.

Rights and obligations of an employee upon dismissal

First, some more theory. The term of working off - 14 days - keeps his account not from the moment of writing (and, importantly, signing by the head!) of the letter of resignation, but starting from the next day. You only need to count calendar days, regardless of the number of work shifts in this period.

Legal dismissal after three days of work

Certain categories of employees are not subject to this obligation and may demand their dismissal within three days. These include company employees who are on probation (Article 71 of the Labor Code of the Russian Federation). The same list includes specialists with whom only a temporary (Article 292 of the Labor Code of the Russian Federation) or seasonal (Article 296 of the Labor Code of the Russian Federation) contract is concluded, the term of which is limited to two months. Representatives of these categories of employees have the right to leave work in the company three days after notifying the manager of this desire.

But force majeure happens and time cannot be turned back, what to do?

Do not neglect the opportunity to talk with the management about the early resignation of obligations. The employer has such a right - to dismiss without requiring working off. Article 77 mentioned above allows termination of the contract by agreement of both parties at any time.

This version is very real for an employee of a small private company in the absence of the need to complete a certain amount of work. If there is direct access to the person making such decisions, then it is worth talking directly. A tête-à-tête conversation, in which an employee can explain the motives for an early separation, can cause an understanding of the manager, who will go to the worker towards. The received signature in the application for resignation of one's own free will - and you can begin to say goodbye to colleagues, and the next morning forget the way to the office.

However, what to do when it is necessary to quit without working for two weeks, but the management does not want to delve into the essence and enter into the position of an employee? Strong arguments can be the so-called special circumstances. They will need to be described in the application and be prepared to provide evidence or documentary evidence. Here you also need to indicate the desired term of dismissal. If the demand of the employee after filing this kind of application is ignored, he can apply to the court.

Other cases and "special circumstances" for the possibility of instant dismissal

Applicants have the right to early termination of the work process educational institutions. This fact must be confirmed by a certificate of admission, which will be issued by the university. It is allowed to quit without work for people who have reached the retirement age, as well as for currently working pensioners and the disabled.

Conflict situation with the employer due to violation of the Labor Code and other regulatory legal acts describing the norms labor law, abuse of authority and other illegal actions is another weighty argument that obliges the employer to terminate the contract at a time convenient for the employee.

It is worth focusing on cases of delayed wages, non-compliance with the deadlines for paying vacation pay (no later than three days before the start of the vacation), the absence of a properly equipped workplace - all this can become arguments for terminating the contract on the day that the employee himself indicates in the application.

Article 80 of the Labor Code of the Russian Federation will tell in more detail about the reasons for the early dismissal described above. It also describes opportunities to quit quickly in connection with other cases. However, any list of possible circumstances that may be good reasons for the dismissal of an employee at the time he wants, is not given in the Labor Code. Here, by-laws and established practice will become a guideline, which considers the following options to be respectful:

• It is realistic to quit without working off for various reasons related to circumstances in the family or the sphere of personal life. The laws allow for such possibilities, but they will have to be documented, which may be difficult.
• The reason for the early termination of work may be the relocation of the spouse for a long time to another region or country. A common case is a long business trip of a husband or wife, which entails the relocation of the entire family. This is a very good reason, which may be asked to be documented.
• Undoubtedly, the legislation considers all cases of deterioration in the health of an employee to be valid, which entail the need to leave the region with confirmation of this fact by a medical report. An illness that prevents an employee from performing his duties is also included in the list of cases that do not require a two-week working off.
• Having children will help you quit as soon as possible. We are talking about families where there are children and teenagers under 14 years old. Any parent of a large family who has three or more dependent children under 16 years of age can demand the earliest termination of an employment contract. Or the children in such a family have not reached the age of 18, provided that all of them are students of general educational institutions.
• A good reason is caring for a disabled child or a sick family member, as well as a disabled person of the 1st group, which, as you might guess, must be confirmed by a medical report.
• Pregnant women are exempted from mandatory work.

Vacation instead of work

Finally, to avoid being present at work on the days of the required working off, the presence of unused vacation days will allow. If a written application for such leave is agreed, then the last day of legal rest may become the day of dismissal.

Judgment or Peace?

What if suitable options are found that, according to the Labor Code, allow you to quit without working off a two-week period, but the management insists on such a need? Going to court would be the right move. At the same time, you should not count on the fact that the process will be quick, it usually lasts up to several months. It makes sense to look for ways to peacefully resolve the issue or work out the prescribed period. And as an option - offer a replacement.

As you can see, there are ways to quit quickly, and there are many of them; the best option would be to plan for the proposed changes and dismissal on general terms.