Art 80 shopping mall, the possibility of termination, etc. How to quit voluntarily without work

An employer can fire an employee only in cases prescribed by law. But for the working art. 80 Labor Code RF allows dismissal on own will at any time, regardless of the terms of the contract. Let us consider in more detail what the procedure for dismissal at the initiative of an employee is, as well as all the nuances provided for by law.

The concept of an employment contract

An employment contract is a written agreement between a manager and a subordinate that establishes their mutual obligations and rights. According to the agreement, the employee must perform certain work, which is commensurate with his qualifications, and the employer is obliged to provide this work, as well as to ensure conditions and remuneration.

In the Russian Federation, an employment agreement obliges an employee to take responsibility for the performance of work and obey internal regulations companies. This factor is decisive in the drafting of the contract and distinguishes it from other agreements of a civil law nature.

Legal grounds

Dismissal at will on legal grounds is provided for by Art. 80 of the Labor Code of the Russian Federation. The current reaction of the employer may be ambiguous, but nevertheless this reason is the most common among others, even in the case when the dismissal is not at all due to the desire of the employee.

Unlike previously prescribed requirements, modern legislation does not require an employee to have special grounds for terminating an agreement. Now it could be almost any reason.

The most common reasons why an employee may leave workplace, can be attributed to:

• retirement;
• admission at any educational institution;
• violation of the Labor Code of the Russian Federation by the employer;
• changing of the living place;
• inability to continue working due to poor health;
• lack of any perspective;
• having a new job, etc.

Art. 80 of the Labor Code of the Russian Federation does not prohibit employees from early termination of the agreement for any reason, regardless of whether fixed-term contract or perpetual.

An employee has the right to draw up a letter of resignation when it is convenient for him, even while on sick leave or on vacation. The indication of the reason is a purely personal matter of each citizen, it can be indicated, or you can keep silent about it. But if there is a desire to quit as soon as possible, the reason still needs to be identified. Otherwise, you will have to work out on a general basis.

Writing a statement and terminating the agreement is the legal right of the employee, which the employer has no right to neglect. The application is advisory, not permissive. In other words, the employee tells the manager that he is leaving, and does not ask permission to do so. Therefore, the manager cannot refuse to accept the application, as the Labor Code says. Art. 80 of the Labor Code of the Russian Federation, in turn, states that the document must be submitted in writing and in advance, otherwise the employee will violate the law.

Terms

The most important condition for terminating the agreement is an advance warning of this to the employer. In this case, the following conditions must be met:

• the application is submitted only in writing;
• adhering to the established notice periods.

For general cases, the period should be at least two weeks, although earlier notice can be given. Why you need to be warned:

1. To enable the employer to find a new employee.
2. To give a person time to think and, possibly, change his mind, while compiling a review of the dismissal. In this case, the subordinate may, up to the dismissal itself, withdraw the application and continue working in the organization. An exception is the situation when a new employee has already been invited to the position and it is not possible to refuse him due to the requirements of the law.

According to Art. 80 of the Labor Code of the Russian Federation, the two-week period for notice of dismissal may be changed for certain categories of employees.

The term may be:

• Three days if the nature of the work is seasonal or the worker is on probationary period. Incidentally, the same applies to labor agreement concluded for two months.
• A month if an employee in a managerial position leaves.

Special conditions for dismissal are defined for those categories of citizens who work for individual entrepreneurs or in religious organization. Here, the notice periods are not defined by law, but are prescribed individually when concluding an employment agreement with an employee. Under certain circumstances, which are prescribed in the Labor Code of the Russian Federation, the notice period can be reduced, and the employee himself determines the time for writing the application, indicating the reason for leaving.

Art. 80 of the Labor Code of the Russian Federation with comments allows the termination employment contract before the set time, if both parties came to this decision on a voluntary basis.

The employer does not have the right to dismiss the employee ahead of time, while the employee cannot violate labor discipline and leave the workplace earlier than indicated in the application. In this case, he may be dismissed under another article.

Employer Notice

As mentioned above, the dismissal itself is preceded by writing an application, in accordance with Art. 80 of the Labor Code of the Russian Federation. The reaction of the manager may be ambiguous, so the application must be drawn up and submitted in accordance with the rules of the law.

There is no established form for writing a statement, but it always begins with the words "I ask you to fire me ...". The reason may or may not be given. But if you wish not to work out for two weeks, it is better to indicate it. The date in the application is put if the wording of dismissal is not indicated within two weeks.

The letter of resignation may be given in person or sent by mail. In the first case, it is better to make a copy of the document and certify it with a mark from an authorized person. In the second case - send by registered mail with an inventory. Such measures, according to Art. 80 of the Labor Code of the Russian Federation, will help the employee to avoid unpleasant situations in the future if, for example, the manager refuses to dismiss him due to the fact that no application has been written.

Preparation of documents

After the application is written and submitted to the personnel department, the remaining documents must be prepared, taking into account the provisions of the Labor Code of the Russian Federation and in particular Art. 80 of the Labor Code of the Russian Federation. Dismissal of one's own free will involves the preparation of documents such as:

• dismissal order;
• a work form with a corresponding record of care;
• certificate of insurance premiums;
• salary certificate;
• information about the time of work in this company.

The dismissal order must be issued in the personnel department according to the established model (Resolution of the State Statistics Committee No. 1 of 01/05/04). The order must contain a reference to the dismissal article, namely clause 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation, and information from the employee's application was entered. This document must contain the signature of the resigning and authorized person.

Enrollment in labor

Information about the dismissal is entered in the work book on the last day of the employee's stay at work.

Considering the provisions of Art. 80 of the Labor Code of the Russian Federation, an entry in the labor must be made in accordance with the Decree of the Ministry of Labor No. 69 of 10.10.03 and the Instructions for Maintaining Forms.

In the first column, the entry number following the previous one is put, in the second - the date of dismissal, which must correspond to the date of termination of the agreement, in the third column, based on Art. 80 part 3 of the Labor Code of the Russian Federation, the reason for the dismissal and information about the authorized person are indicated, the fourth column should contain information about the document, based on which the employee was dismissed.

After the employee has received his labor, he must sign in the register of labor forms. This is a guarantee of the company that in the future the citizen will not make any claims.

Calculation

According to Art. 80 p. 3 of the Labor Code of the Russian Federation, termination labor activity at the initiative of the employee is possible at any time and without giving reasons. Accordingly, the employee should be calculated on a general basis. Upon termination of activity, the employee is entitled to all payments that he deserved at the place of work. This includes:

• salary for the entire period before dismissal;
• compensation for unused vacation;
• other payments that were provided for by the employment agreement.

If an advance vacation was used during work, the accounting department must recalculate the amount issued, in other words, withhold money from the salary. Settlement, as well as a work book, are issued on the last day the employee is at the workplace. In some cases, all payments and compensation may be issued on the day following the dismissal, but no later.

Do you need to work

Workout upon dismissal is a rather sensitive issue. Everything will depend on the specific situation. In most cases, an employee works for two weeks when the employer needs to find a new person for the position. But even in this case, working off is not a strict criterion. First, both parties can come to a common consensus and stop labor Relations on the day of application. Secondly, if the employee has already found a new job, and he is forced to work, he can simply go on sick leave or take a vacation. Given time will be counted as working off, and after the exit, the employee can pick up all documents and payments.

So, considering the provisions of Art. 80 part 3 of the Labor Code of the Russian Federation, a citizen is not required to work for two weeks, although the same article gives the employer the right to demand work from an employee. How to bypass processing? Based on all the same legislation, in a letter of resignation, you can indicate the reason for the dismissal (new job, admission to an educational institution, conscription, retirement, illness, etc.).

Another reason to quit at will without working out can be a violation by the head labor law, requirements of regulations and local documents in force in the company. This gives the employee the opportunity to quit within a few days or even on the day of the application.

Employee changed his mind

Considering the position h. 4 Article. 80 of the Labor Code of the Russian Federation, dismissal is the initiative of the employee, if the employer does not take any measures for this, then he eats, does not force him to quit. And just as a subordinate has the right to quit at any time, he may want to stay in his place. The employer has no right to interfere with this fact.

You can withdraw a letter of resignation both during working off and on the last day. A manager can refuse an employee only if a person has already been officially invited to his place. In other cases, there are no obstacles for the employee to stay.

To withdraw a letter of resignation, you need to write another statement refuting the first. Or in the personnel department make an appropriate mark on the document.

If an employee goes on vacation with subsequent departure from work, then he can change his decision only if the official vacation has not yet begun.

Employer won't let go

What to do if, at your request, it is already written on new job wait, but the boss does not want to fire? Are his actions legal?

The first thing to do is to record the moment of delivery of the application. To do this, it is written in several copies, one of which remains with the personnel officer, and on the second the authorized person must put a visa stating that the document was accepted, who accepted it and when. If the employee refuses to register the application, it should be sent by registered mail with an inventory to the address of the organization. In this case, if the employer refuses to dismiss, the employee will have two documents in his hands: a receipt for payment for the letter and a notification of receipt. But here, the processing will begin from the moment the organization receives the letter.

If on the last day the authorized person does not issue a work book and settlement funds, the employee has the right to apply to the labor inspectorate or to the court. In the first case, an application is written to the authority, which is considered within a month. After this time, the labor inspectorate must issue an order eliminating the violation. In most cases, the employee only has to threaten to contact the inspectorate so that all issues are immediately resolved. No employer will contact these authorities. In the second case, the application can be submitted on the basis that the employee is deprived of the opportunity to start a new job, and also request compensation for the delay in documents.

Article 80

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

In cases where the employee's application for dismissal on his own initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's statement.

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out if another employee is not invited in his place in writing, who, in accordance with this Code and other federal laws cannot refuse to conclude an employment contract.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to issue a work book to the employee or provide information on labor activity (Article 66.1 of this Code) to this employer, issue other documents related to the work, at the written request of the employee and make the final settlement with him.

If the employment contract has not been terminated after the expiration of the term of notice of dismissal and the employee does not insist on dismissal, then the employment contract continues.

Commentary on Art. 80 Labor Code of the Russian Federation

1. An employment contract - fixed-term or with an indefinite period of validity - may be terminated at the initiative of the employee with a mandatory written warning of this to the employer at least two weeks before dismissal, unless another period is established by the Labor Code or other federal law (see commentary to Art. 280, 292, 296 of the Labor Code).2. Dismissal of an employee of his own free will before the expiration of the notice period is possible both by agreement of the parties, and if there are good reasons (retirement, enrollment in education, etc.), as well as in cases of established violation by the employer of the labor rights of employees (see clause 22 RF PPVS dated March 17, 2004 N 2).3. When an employee withdraws an application before the expiration of the warning period, dismissal is not carried out, except in cases established by the Labor Code and other federal laws (see commentary to Article 64 of the Labor Code). After the expiration of the warning period, the employer does not have the right to detain the employee and must dismiss him with the issuance of a work book on the last day of work and the final settlement (see commentary to Article 84.1 of the Labor Code) .5. If, after the expiration of the warning period, the employment contract has not been terminated, i.e. the corresponding order (instruction) of the employer was not issued, and the employee does not insist on dismissal, the employment contract continues.

Judicial practice under article 80 of the Labor Code of the Russian Federation

The decision of the Supreme Court of the Russian Federation of 20.08.2002 N GKPI2002-771

Labor Code Russian Federation does not regulate relations on compulsory social insurance, therefore the applicant's arguments about the inconsistency of the provisions of the contested normative acts with Art. 6 of the International Covenant on Economic, Social and Cultural Rights art. Art. , , , of the Labor Code of the Russian Federation and the violation of the applicant's rights to freely dispose of his abilities for work are not based on law.

Determination of the Constitutional Court of the Russian Federation of January 22, 2004 N 11-O

1. In his complaint to the Constitutional Court of the Russian Federation, citizen Yu.V. Rogov asks to recognize as contradicting Article 37 (parts 1, 2 and 3) of the Constitution of the Russian Federation, part three of Article of the Labor Code of the Russian Federation, according to which, in cases of established violation by the employer of laws and other regulatory legal acts containing labor law norms, the terms of a collective agreement, agreement or of the employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's application.

Determination of the Supreme Court of the Russian Federation of July 28, 2006 N 75-В06-12

By the decision of the Lakhdenpokhsky District Court of the Republic of Karelia dated December 14, 2004, the claims were partially satisfied. The wording of the grounds for the dismissal of G. has been changed, entry No. 25 in work book G. declared invalid. The obligation was imposed on the children's music school in Lahdenpokhya to make an entry in its work book about the invalidity of entry No. 25 and the entry "dismissed on September 1, 2004 of her own free will on the basis of Art. Labor Code of the Russian Federation." From the nursery music school Lakhdenpokhya in favor of G. recovered 18,290 rubles. 88 kop. during the delay in issuing a work book, compensation for non-pecuniary damage in the amount of 3,000 rubles., in reimbursement of costs associated with the consideration of the case, 525 rubles. The rest of G.'s claim was denied.

Decision of the Supreme Court of the Russian Federation of November 16, 2006 N GKPI06-1188

As the Applicant points out, paragraph 7.2 of the disputed normative legal act in part of the words: "for good reasons" contradicts the third part of Article of the Labor Code of the Russian Federation.

On August 18, 2005, she addressed the administration kindergarten with a letter of resignation due to moving to permanent residence in the city of Moscow from the moment the application was submitted. The administration refused to terminate the employment contract with her before the expiration of the two-week period.

Determination of the Supreme Court of the Russian Federation dated February 8, 2007 N KAS06-550

Ya. applied to the Supreme Court of the Russian Federation with an application to invalidate clause 7.2 of the Clarification regarding the words "for good reasons". At the same time, the applicant pointed out that this paragraph of the Clarification in the part of the words: “for good reasons” contradicts part three of Article of the Labor Code of the Russian Federation.

Review of judicial practice, Appendix to the letter of the FSS of the Russian Federation dated July 11, 2005 N 02-18 / 07-6203

According to an article of the Labor Code, an employee has the right to terminate an employment contract by notifying the employer in writing two weeks in advance.

By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

Determination of the Constitutional Court of the Russian Federation of January 25, 2007 N 131-О-О

According to Article 37 (Part 1) of the Constitution of the Russian Federation, labor is free; Everyone has the right to freely dispose of their abilities to work, to choose the type of activity and profession. In accordance with these constitutional provisions, the employee has the right to terminate the employment contract with the employer at any time by notifying him of this in advance in writing. At the same time, the requirement addressed to the employee to warn the employer of his dismissal no later than general rule than two weeks (part one of article of the Labor Code of the Russian Federation) is due to the need to provide the employer with the opportunity to timely select a new employee for the vacant position, and the right of the employee, enshrined in part four of the same article, to withdraw his application before the expiration of the notice of dismissal (if in his place not invited in writing to another employee who cannot be refused to conclude an employment contract) is aimed at protecting the labor rights of the employee.

Determination of the Supreme Court of the Russian Federation of July 28, 2006 N 51-В06-4

Kh. filed a lawsuit against the district administration for reinstatement, recovery wages during forced absenteeism and compensation for non-pecuniary damage. She motivated her demands by the fact that she was dismissed in violation of the procedure established by Art. Labor Code of the Russian Federation.

Determination of the Supreme Court of the Russian Federation of September 29, 2005 N 71-Г05-12

The representative of T., by proxy I., did not agree with B.'s demands, explaining that the applicant did not indicate what the violation of his rights consisted of. G., to whom T. was directly subordinate, has now gone on vacation in connection with his participation in the upcoming elections and the grounds provided for by subparagraph “l” of Part 1 of Art. 29 of the Federal Law "On Basic Guarantees ...", which prevents T. from holding the position of chairman and member of the territorial election commission, has disappeared. In addition, on August 30, 2005, he submitted a letter of resignation from the post of head of the Municipal Unitary Enterprise Zelenogradskaya Chisto from August 31, 2005 in accordance with Part 3 of Art. of the Labor Code of the Russian Federation in connection with earlier violations of labor legislation in relation to him by the head municipality G., but his dismissal was unreasonably denied.

Determination of the Supreme Court of the Russian Federation of September 26, 2008 N 6-В08-12

K.A. filed a lawsuit against the fire brigade N 31 State Fire Service for the protection of p.g.t. Alexander Nevsky State institution of the Ryazan Region "Center for Fire Safety, Civil Defense and Emergencies" on reinstatement, recovery of average earnings for the time of forced absenteeism and compensation for non-pecuniary damage, referring to the fact that he was wrongfully dismissed on the grounds established by the article of the Labor Code of the Russian Federation i.e. voluntarily.

Determination of the Supreme Court of the Russian Federation of July 11, 2008 N 48-В08-6

Meanwhile, this conclusion of the court does not comply with the articles and the Labor Code of the Russian Federation, since on February 9, 2007, at the time of the withdrawal of the letter of resignation, M. continued to work at the same place, the defendant had not yet become obliged to conclude an employment contract with her, in admission to work in the transfer order she could be denied.

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

In cases where the employee's application for dismissal on his initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing norms of labor law, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's application.

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be refused to conclude an employment contract.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to issue a work book to the employee or provide information about labor activity (Article 66.1 of this Code) with this employer, issue other documents related to work, at the written request of the employee and make the final settlement with him.

If the employment contract has not been terminated after the expiration of the term of notice of dismissal and the employee does not insist on dismissal, then the employment contract continues.

Comments to Art. 80 of the Labor Code of the Russian Federation

1. On the transfer by the employer on the day of dismissal of information on accrued and paid insurance premiums for state pension insurance, see Federal Law of April 1, 1996 N 27-FZ "On Individual (Personalized) Accounting in the System of Compulsory Pension Insurance".

2. If the employment contract has not been terminated after the expiration of the termination notice and the employee does not insist on dismissal, then the employment contract continues.

3. The employer is obliged to compensate the employee for the earnings not received by him in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, occurs if earnings are not received as a result of the employee’s illegal removal from work, his dismissal or transfer to another job (Article 234 of the Labor Code).

4. 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 transfer order (Article 127 of the Labor Code).

5. The wording of the dismissal on this basis is as follows: "Fired of his own free will, paragraph 1 of Article 77 of the Labor Code of the Russian Federation."

6. Two weeks is 14 calendar days, because according to Art. 14 of the Labor Code, the terms calculated in weeks expire on the corresponding day of the week. The period calculated in calendar weeks or days includes non-working days. If the last day of the term falls on a non-working day, the expiration date of the term shall be the next working day following it.

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Any time is any point in time during the warning period, including the last minute of the warning, even if all termination paperwork has been completed. The employee is deprived of the right to withdraw his letter of resignation if the employer invited another employee in writing.

The form of revocation of the application for termination of the employment contract before the expiration of the notice of dismissal of the Labor Code is not established, therefore, the employee can choose it: a written response or an oral one.

7. The employer is obliged to terminate the employment contract within the period specified in the employee's application in cases where: 1) the employee is unable to continue working. The reasons that make it impossible to continue working are named in the Labor Code: a) enrollment in an educational institution; b) retirement; c) other similar cases; 2) a violation by the employer of labor legislation and other normative legal acts containing labor law norms, local normative acts, terms of a collective agreement, agreement or labor contract has been established.

8. When considering disputes on termination at the initiative of an employee of an employment contract concluded for an indefinite period, as well as a fixed-term employment contract (clause 3, part 1, article 77, article 80 of the Labor Code), the courts must keep in mind the following:

a) termination of the employment contract at the initiative of the employee is permissible in the case when the filing of an application for dismissal was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a resignation letter of his own free will, then this circumstance is subject to verification and the obligation to prove it rests with the employee;

b) the employment contract may be terminated at the initiative of the employee and before the expiration of the two-week notice period for dismissal by agreement between the employee and the employer. If the employee's application is due to the impossibility of continuing his work, as well as in cases of established violation by the employer of labor legislation, etc. (see paragraph 7 of the commentary above), the employer is obliged to terminate the employment contract within the period specified in the employee's application. At the same time, it must be borne in mind that these violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor laws, trade unions, the CCC, the court;

c) based on the content of Part 4 of Art. 80 and part 4 of Art. 127 of the Labor Code, an employee who has warned the employer about the termination of the employment contract has the right to withdraw his application before the expiration of the warning period (and if leave is granted with subsequent dismissal - before the day the vacation begins), and dismissal in this case is not carried out, provided that in its place in writing form, another employee is not invited, who, in accordance with the Labor Code and other federal laws, cannot be refused to conclude an employment contract (for example, by virtue of part 4 of article 64 of the Labor Code, it is prohibited to refuse to conclude an employment contract to employees invited in writing to work in order of transfer from another employer, within 1 month from the date of dismissal from former place work). If, after the expiration of the warning period, the employment contract has not been terminated and the employee does not insist on dismissal, the employment contract is considered continued (part 6 of article 80 of the Labor Code) (clause 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2).

9. The employer has no reason why he can refuse the employee to terminate the employment contract. If the employee is legal basis must pay the employer a sum of money (for example, to compensate for losses), the employer can file a corresponding lawsuit against the employee in court.

10. The employee may warn the employer about the termination of the employment contract at the time when he is in an employment relationship: during work, sick leave, business trips, vacations, etc.

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

In cases where the employee's application for dismissal on his initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing norms of labor law, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's application.

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be refused to conclude an employment contract.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.

If the employment contract has not been terminated after the expiration of the term of notice of dismissal and the employee does not insist on dismissal, then the employment contract continues.

The provisions of Article 80 of the Labor Code of the Russian Federation are used in the following articles:

Labor relations are inherent in almost every person, because it is quite problematic to feed yourself and your family if you do not have an official place of work. Interaction with the employer is determined by the provisions of the Labor Code of the Russian Federation - it is on the basis of this regulatory legal act that the main criteria for the activity of a particular position are built.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Not every person is capable for a long time sit in one place. Many decide to move or change activities - out of necessity or desire. In this regard, there is a need for dismissal from work.

For such situations, the law provides for certain rules. In particular, in almost all situations, a citizen must notify the employer in advance of his intention to leave the organization within up to 2 weeks.

However, not all people have enough time. Therefore, they should study what Article 80 of the Labor Code of the Russian Federation says about dismissal of their own free will without working off in 2020.

Additionally, it will be necessary to clarify individual situations according to which the employer may refuse to satisfy the request, as well as cases when an agreement can be reached without using the provisions of the article of interest.

The right to terminate an employment contract unilaterally can be used by any citizen. Legislation provides regulations for this initiative, Art. 80 of the Labor Code of the Russian Federation.

So, for dismissal, it is enough to write a written application. It does not matter what the real reason for leaving and what position the person occupies.

However, legislation protecting the rights ordinary people, does not forget about the employer. To maintain his interests, the so-called working off period is provided - a two-week period during which the resigning person “hands over things”, and the management is looking for a new person for the vacant vacancy.

There are different deadlines for certain categories. For example, a month before dismissal, heads of organizations, as well as athletes and coaches who have entered into an agreement for a period exceeding 4 months, must warn.

It is strictly forbidden to increase the working period, except for those cases provided for by law. Even this moment enshrined in the regulations of the organization, the citizen has every right to ignore them.

If there is no need for working out, the parties may agree on early termination of the employment contract.

However, there are certain situations where an employee may leave early.

Article notes

Can an employer require additional work if, after filing a letter of resignation, there was immediately a sick leave?

According to Part 1 of Art. 80 of the Labor Code of the Russian Federation, the employee is obliged to give notice of dismissal no later than 2 weeks in advance. However, in this provision there is nothing about whether the employee will actually perform the assigned functional duties.

Thus, the legislation determines only the timely notification of the employer about his actions. In fact, the term "dismissal without working off" has no legal basis, therefore, in the case of the need to finalize the last days, this is already a matter of relations between management and employee.

Additionally, it is worth noting that a citizen has the right not to warn his employer of imminent dismissal if the latter has violations in the field of labor legislation or other legal acts containing labor relations norms.

Central formalities and conditions

Important information

The legislation of the Russian Federation identifies several ways to terminate an employment contract.

In the case of voluntary dismissal, there are certain advantages for both the employee and the employer. As already noted, the employee will have to finalize the last 2 weeks - although this is not sufficiently reflected in the Labor Code of the Russian Federation, it is nevertheless implemented everywhere, since if the conditions are not met, this period will be considered absenteeism.

Obviously, this will negatively affect the entries in the work book, which will not greatly contribute to further employment.

Certain subtleties of the legislation provide for the possibility of avoiding mandatory working off in the following cases:

• going on maternity leave;
• reaching retirement age;
• admission to a higher educational institution;
• relocation of the spouse to another locality;
• the need to care for a sick relative or children under 14;
• receipt .

In these situations, the employer does not have the right to prevent immediate dismissal. It should be understood that in order to prove such reasons, appropriate documents are needed, without which it will not be so easy to obtain freedom.

step by step guide

So, it is possible to avoid working out in various ways, some of them should be analyzed in more detail:

On sick leave	Leave of this nature can not be agreed with the management. It will be enough to provide a certificate from medical institution, on the basis of which the weekend will be issued. The authorities only need to sign the document. After that, you can immediately draw up a letter of resignation. All relevant regulations will be followed. The employer does not have the opportunity to cancel the sick leave.
On Decree	Such leave also cannot be canceled, as it is allocated for medical reasons. In particular, when applying, it is allowed to act in two ways. The first is to first notify the management of the dismissal, and then submit the papers for the decree. As for part 2, while on vacation, a pregnant woman can send a decision on leaving to the company. In any of the situations, the authorities cannot refuse to satisfy the request.
On a standard holiday	One of the most controversial options. But it should also be noted that this method is not the most convenient, since the employer often changes the vacation schedule after receiving notification. Such actions are also against the law, but they take place.

Design details

When filling out a letter of resignation without working off within the framework of the law, the following positions should be reflected:

1. Grounds for termination of the contract - Art. 80 of the Labor Code of the Russian Federation.
2. Date of dismissal - the employer may refuse the selected time, then you will have to solve the problem together.
3. Name of the employee.
4. Indicate the reason for leaving without working off - only those options that are defined by law are accepted.
5. List of attached documents.
6. Date and signature.

There is no strict form for the application, but it is still recommended to use a general template in order to avoid errors.

The document is drawn up in two copies: one is given to the authorities, the incoming number and date are affixed on the second, after which it is transferred to the employee.

In the absence of claims against the employee, the manager approves his application and draws up an order to leave (usually on the official bank of the company).

The text of the document contains the following information:

• full name, contact details and details of the company;
• the nature of the paper;
• appropriate instructions for accounting and personnel;
• information about the dismissed person;
• date of expiration of the contract and the signature of the head;
• date of familiarization with the contents and signature of the employee.

This order is also issued in two copies: one remains with the authorities, the second is sent to the personnel. Additionally, a copy is provided to the employee.

Based on this paper, personnel specialists make up all Required documents and put down marks in the personal card and work book of the resigning person.

Information about pensioners

The dismissal of a person who has reached retirement age is somewhat different. For example, working out is optional, and it is enough to give a warning only 3 days before leaving. This moment is conditioned by Part 3 of Art. 80 of the Labor Code of the Russian Federation.

However, in the case of the absence of claims from the employee towards his management, it is recommended to warn them in advance. A period of 2 weeks is necessary in order to optimize the workflow, taking into account the dismissal or to find a new specialist.

Nevertheless, a pensioner can quit even the next day after signing the application - the employer can in no way prevent this.

Other actions

It is not uncommon that a person, when resigning, is guided not by adequate reflections, but by emotional outbursts. Therefore, later he begins to regret the premature decision and begins to believe that it is not so bad in the company.

For such cases, the current labor legislation provides for a way out.

So, as long as a person is officially listed as an employee of the organization, he can send a request to the management to cancel the previous appeal.

The norms do not establish in what form this appeal should be drawn up, however, in practice it is drawn up in writing.

In particular, the whole process is expressed in the following positions:

1. The initiator draws up the document.
2. Submit to management for consideration.
3. He studies it and instructs HR specialists cancel the previous statement.
4. Those, in turn, make an appropriate mark in the registration list of documents.

It should be further noted that such an opportunity is available until the person is fired. Whereas with the final departure, re-employment should take place on a general basis.

You also need to take into account one more point: you can withdraw your own application only if a replacement for a vacant workplace has not been chosen.

Moreover, this restriction is relevant in two conditions: the applicant must be informed in writing about the possibility of being accepted into the company, and it is prohibited by law to refuse such a person.

Violations

In almost 50% of cases, upon dismissal, the employer violates the rights of his employee.

In particular, the most common options are:

• the head refuses to accept the application;
• dismissal occurred ahead of schedule;
• the required calculation has not been completed.

It should be understood that if the boss requires the employee to write a letter of resignation of his own free will without the desire of the citizen himself - this is an illegal action. Often, the management of enterprises does not take into account the rights of their subordinates, pursuing only the goal of their own well-being.

In such cases, it is necessary to file a complaint about the violation of rights with the judicial structures or the prosecutor's office (the request form can be taken from the same structures). The appeal should describe the whole situation in detail. At the same time, payment of the state fee comes from the budget of the enterprise, and not the employee.

If in the course of legal proceedings, the management was found guilty, then the victim is either paid compensation, the amount of which is determined based on individual circumstances, or given the right to continue working in the same place.

So, dismissal of one's own free will without working off is quite possible - it is enough to comply with the provisions defined in Art. 80 of the Labor Code of the Russian Federation.

It should be understood that in other situations it is rather problematic to achieve the desired result - this can be implemented only after reaching agreements between the employee and the employer.

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