How to ask to quit your job. How to properly quit your job. Additional responsibilities as an obstacle to dismissal

18.05.2019

Most employees hold on to work, are afraid of losing it in order not to lose their livelihood, perform whatever duties they are assigned, agree to work overtime for little remuneration. There are many situations when for a conscientious employee, dismissal becomes a lesser evil than continuing to work in the same position. It is important to understand how to properly quit your job.

Difficult decision

Common reasons for dismissal from work:

placement in a higher-paid position;
impossibility of further career growth;
lack of opportunities for creative self-realization;
moving to another area;
identification of a disease that interferes with this work activity;
the need to care for sick relatives, look after small children;
serious and constant conflicts with colleagues, management.

It happens that an employee wants to quit because he has committed any violations. All of them need to be carefully analyzed, weighed all the pros and cons of the work, and then make a final decision. You can ask for advice from relatives, friends, study special materials on this topic.

Of your own free will

This dissolution employment contract at the initiative of the employee. The whole procedure is detailed in the TC. A fixed-term employment contract is terminated earlier than the stipulated period, if the parties agree. There are also civil law contracts, the termination procedure of which is enshrined in them.

Procedure

It would be correct to start with a warning from the boss, preferably 3 weeks before the date of the intended departure.

You should not quit your job:

when there is a serious inspection, an annual report;
there are unfinished projects;
when most employees are on vacation or holidays ahead.

Efforts should be made to ensure that the information that you have decided to leave does not become the property of the collective.

Application and terms of dismissal

The application process is described in the TC. It must be written (14 calendar days) before the date of termination of the employment contract. It is advisable to submit an application immediately after notifying the employer of leaving, it must include the reason and date of leaving, you can make a second copy for yourself. The application can be accepted by specialists of the personnel service, it is imperative to put a mark on it for admission.

If the employer does not agree with the dismissal, then you will have to send a written application by registered mail to the address of the company and attach a receipt to it. This method should only be used as a last resort.

Situations are possible when the employment relationship ends earlier than 14 days. The employee can leave on the date specified in the application:

with a serious illness;
upon retirement;
upon admission to an educational institution;
when moving;
if violations of laws by the employer are recorded.

The employee can be dismissed in these cases on the day the application is drawn up. The manager and the employee can agree that the employee leaves the organization before 2 weeks. A two-week period is set for the quitting employee to complete all work at the workplace, and the company also begins to select a replacement.

Attempts to hold

When writing an application, an employee does not need to state the reasons why he decided to quit this job.

Within 2 weeks, the quitting employee must continue to work in the same amount as before, within the framework of the agreed labor functions. He has no right to leave work earlier, refuse to do something, engage in extraneous matters during working hours. All this can lead to the termination of the employment contract under another article, which will spoil the further work biography.

It is not uncommon for a boss to try to persuade an employee to stay. Such conversations can be supported by appropriate promises:

increase wages;
transfer to a more prestigious position;
change the terms of reference;
send for retraining;
provide extraordinary leave.

Most bosses are understanding about the termination of an employment contract on the initiative of employees. They try to keep the quitting employee if he or she is valuable as a specialist. The employee himself needs to decide what answer options he will give to the manager.

To leave work correctly, you must follow a number of recommendations. It is necessary to take everything useful that was received here, in future life. This applies to experience, skills, best practices, business and friendships. You shouldn't tell everyone about the upcoming new job, describe the advantages over the old one.

If your boss is okay with you, then you should thank him for working together.

If the boss instructs to familiarize the employee who will take your place with the specifics of the work, then you should not object. It is necessary to calmly and methodically bring him up to date, without giving characteristics to management and employees.

Settlements upon dismissal

On the last working day, the employee must receive all the documents in his hands. The following payments must be made to the employee before dismissal:

wages for the actually worked period in the current month;
awards, benefits;
compensation for unused vacation.

On the last working day, the employee must be familiar with the order that he is fired, the order must be signed by the boss. In the personnel department, he must be handed a work book, in which it is necessary to check the availability and accuracy of all records.

The procedure for leaving work does not always go smoothly, personnel officers may not give the work book. In this case, three days after the dismissal, you can make a claim to the organization, the work book can be sent to your home address. If this does not happen, then you can go to court or the prosecutor's office.

Withdrawal of the application

A two-week period was given to the employee so that he was not in a hurry to finally part with the organization. If he changes his mind, he has the right to stay to work in the same place. This can also happen under the influence of the arguments of the boss. This can be documented in different ways:

the employment contract continues to be valid;
a document is drawn up according to which the letter of resignation should be considered invalid.

The final stage

In order to complete your work activity correctly, on one of the last days of your stay at work, it is good to arrange a buffet table or a feast. You can not only treat the manager and colleagues with something tasty, but also say warm words to them.

It is necessary to leave a good memory of yourself, because you may need to apply to your previous job for recommendations for a new position. There are no exceptions to the situation when an employee after a while again comes to get a job at an old place of work, so it is inappropriate to leave without saying goodbye.

Looking for a new job

You start looking for a new job within 14 days of working. This will distract from the high-quality performance of work duties, cause criticism from the authorities. To protect yourself, you should do this without attracting the attention of colleagues and the manager: do not send a resume from corporate mail, do not have telephone conversations in the office about employment.

Labor Relations between the employee and the employer on a legislative basis can be secured through labor or civil contracts. It often happens that an employee needs to terminate this relationship. If there was a conclusion of an employment contract, then the question naturally arises: "What is the correct way to quit your job of your own free will?"

In this case, the employee writes a statement initiating his dismissal, and the employer only needs to approve it. Before writing a statement, the employee should decide whether he will work at the enterprise for two weeks or not. Depending on the decision option adopted, the text of the application submitted to the employer will vary.

If the option of two-week work is being considered, then in the text of the application it is enough to write down the request for dismissal and the reason "of their own free will." If you want to quit your job correctly, but there is no desire to work off, then the text will have to be supplemented with an indication of the reason why it is not possible to serve 2 weeks at the enterprise. In this case, you will have to show maximum honesty, since the HR department has the right to request documentary evidence of this reason.

What should be written in the application

The Labor Code of the Russian Federation in article 80 (hereinafter referred to as the Labor Code of the Russian Federation) regulates that the application must be sent to the head of the organization in writing. A verbal message from an employee that he intends to quit his job of his own free will will not give the employer a legal basis to draw up a corresponding order.

A written statement in any form must include the following:

the application is written in the name of the owner of the enterprise;
the employee wishes to terminate further employment and resign;
dismissal occurs "of their own free will";
the employee personally certified the statement, writing down the date of the statement, and signing under it.

It is important to know that the date of dismissal and the date of filing the application are different if work is envisaged. In this case, the date of dismissal will be two weeks different from the date of application.

After the letter of resignation is drawn up, it must be handed over to the head of the company or another authorized person. It is recommended to provide two duplicates, and on one of them leave a mark that the application is accepted. After that, keep this sample for yourself. This will help the employee to suppress possible attempts by the employer to prevent him from quitting his job, illegally keeping him at work for longer than the period provided by law.

After that, the personnel department registers the application and issues a dismissal order on a special form T-8. In this case, the order refers to:

article 77, paragraph 3 of the Labor Code of the Russian Federation, notifying that it is the employee's initiative that is the reason for dismissal;
employee statement data.

After the order is approved by the director of the enterprise, it is brought to the attention of the employee. After reading the order, the employee must confirm this in writing. If it is not possible to acquaint the resigning person with the document, a note is made about this, certified by witnesses.

In what ways can you apply:

handing it over personally;
by sending by mail (not email);
by postal courier.

Although the Labor Code of the Russian Federation provides for a period during which it is necessary to warn the employer about dismissal, it is worth remembering that this period is minimal. This means that your intention to quit your job can be “made public” earlier.

An employment contract that defines the relationship between the two parties can be terminated at any time at the request of the employee. In this case, the presence of valid reasons is not a prerequisite. An employee's statement is enough. Only in case of unwillingness to work out the warning period, the employee is obliged to indicate in the application weighty reasons that do not allow him to do this.

If the employment contract was drawn up for a period of up to 2 months, or the type of work is seasonal employment, then according to Art. 292 and Article 296, the employee undertakes to notify the director that he is quitting 3 calendar days in advance.

If the employee changes his mind about quitting his job before the expiration of 2 weeks, the application may be canceled. However, this will not be possible if another employee is suddenly invited to take his place, with whom an agreement has already been concluded. There is a possibility to early dismiss an employee if the parties agree on this. However, the basis for termination of the contract will still be the employee's own desire, and not the consent of the parties.

Labor legislation gives the employee the right to set in the application a convenient date for dismissal if the employer has violated labor law. In such a situation, the latter is obliged to dismiss the employee with the exact number indicated in the application. It is also the employer's obligation to keep the employee at his workplace during the period of two weeks' work.

At first glance, quitting your job is easy enough. However, there are hidden traps in this business, falling into which the employee can stay at the enterprise longer than he would like.

Therefore, in order to avoid trouble, you should adhere to the following simple rules:

The application must clearly state the date after which the dismissal will take place. Otherwise, the employer may try to detain the employee at the enterprise longer than the notice period.
You cannot write "c" before the date of dismissal. For example, "from July 5". Otherwise, the date of dismissal will be considered not 5, but 4, that is, the previous day. Just the date is registered.
You can submit 2 copies of the applications, and in one of them it should be noted that the application was accepted by the employer. Then leave this copy at home. This will protect against illegal attempts to detain the company for longer than the prescribed time, and will allow you to quit your job on time. This practice is not prohibited by law.

The main result of the article

According to the Labor Code of the Russian Federation, an employee who has entered into an employment contract can terminate it at any time without good reason. At the same time, he will have to work for another two weeks after the director's written notification of his intention to quit his job of his own free will. If the employee cannot fulfill the warning period, he is obliged to inform about good reasons, due to which this cannot be done.

A document confirming the desire to resign of your own free will must be provided in writing 2 weeks before the settlement. It is important to make sure that the document has been accepted by the employer, since the countdown of 2 weeks of work will begin the day after this moment. It is also worth paying close attention to such a point as the date of dismissal indicated in the text of the statement.

How to decide to quit your job

Deciding to quit is a tough step, no matter how challenging your current job is. To make it easier for yourself to make such a decision, you can do the following:

Try the old tried and true method: write down all the pros and, most importantly, the cons of your current job. Sometimes you just need to see these arguments on paper - and the determination to act will immediately increase.
Look into the future, try to imagine yourself in this enterprise in five years. Answer the question honestly: what can I achieve in five years with the current state of affairs. Have you presented? Are you ready to spend five years of your life to get this picture? If not, it's time to change the situation right now.
Study the labor market. You can just monitor vacancies, or you can leave a resume, go to several interviews. With no fallback, it's hard to leave. Even extremely problematic, but stable work may seem better than the unknown. And things are completely different when they are already waiting for you in another company.

How to properly quit your job

So, you have decided on a decision to change your job. Time to act. There are two different mechanisms for dismissal: at the employee's own request or by agreement of the parties. The procedure is different in each case, but it always starts the same: with the employee writing a letter of resignation. It is written in free form and strictly by hand.

On its basis, the management issues an order to dismiss the employee. The date of completion of work is also prescribed in the order.

The company must make the final settlement within the last working day. At the same time, the employee is issued his work book.

This is a general algorithm of how to correctly quit your job. In special cases, there are some small subtleties.

How to quit your job of your own free will

“Dismissal of one's own free will” is a fairly common wording in statements. A key feature of this form of termination of an employment contract is the mandatory notification of management two working weeks in advance. These two weeks begin from the day following the day of ACCEPTANCE of the application. Be careful, as this wording allows superiors to keep you at work without accepting your application. In such a situation, the application must be registered with the secretary. It is also permissible to send it by mail, registered mail with notification. This gives you documentary evidence of the acceptance of the application by your superiors, and no one can keep you at work for longer than the prescribed period.

The general procedure for this type of dismissal is as follows:

Writing a statement
Work within two weeks (or a shorter period by agreement with the manager)
Output of the order, indicating the date of the employee's dismissal
Receipt of all payments due and return to the employee of his work book at the end of his employment

How to quit your job by agreement of the parties

The peculiarity of this dismissal option is the ability to stop working at any time that suits both you and the employer.

The procedure itself looks like this:

Writing a statement (in the text we indicate the desired date of dismissal and prescribe that we propose to act in accordance with Article 77 of the Labor Code of the Russian Federation, it is she who regulates the option of dismissal that interests us)
Drawing up an agreement on termination of an employment contract (the date of dismissal, payments, bonuses, if any, etc. are prescribed here)
Release of the order of dismissal

This type of dismissal has a number of advantages, in particular, it allows you to maintain continuous work experience during a calendar month, and also guarantees a larger amount of payments if the employee joins the labor exchange.

How to quickly quit your job

Sometimes a two-week "working off" becomes a stumbling block. Things are especially difficult if the atmosphere in the team is unfavorable. Not surprisingly, the quitting employee seeks to speed up the quitting process as much as possible.

Fortunately, the notorious two weeks are not always required. By law, you have the right to notify management in just three days, provided that you:

Seasonal worker
Fixed-term employee
On probation

You also have the right to quit your job on the same day if:

retirement
admission to a university and the need to start studies
military conscription

In addition, moving, caring for a sick relative, as well as deterioration in your health can also cause an urgent dismissal.

If the employer violates the labor law, you also have the right to resign immediately.

Is management delaying wages or not paying them in full? You can safely resign at any time.

And, of course, you can negotiate the terms of dismissal with the management, in case of dismissal by the so-called consent of the parties.

If none of the above points apply to you, and working for two weeks in a team seems unbearable, it always remains last option: go on vacation or take sick leave. You should understand that labor law requires you only to notify management two weeks before dismissal. The norms of some work off are not spelled out in the law.

How to quit your job remotely

There are situations when it is not possible to appear before the management to sign the dismissal in person. In such cases, it is permissible to quit remotely. The procedure is generally identical to the standard termination process, except for a few points:

You must have your signature on the application certified by a notary.
The application should be sent by mail, necessarily by registered mail with notification.
In response, a copy of the order of dismissal with a seal is sent to the employee by registered mail, and a mark on the sending of the letter is made in the original of the order.
The work book for remote dismissal is also sent to the employee by mail.

How profitable it is to quit your job

If you no longer want to continue working in your current place, you should not delay the dismissal. But too much haste will not do you any good either, because it is important not to forget about your own benefit.
When leaving, it is imperative to take into account the specifics of work in each specific organization. These subtleties will help you figure out how best to quit your job. For example, you should not quit on the eve of the holiday season if you are an employee of the tourism sector, because it is at this time that the highest earnings are there. In addition, calculate when you will be entitled to additional bonuses and bonuses. Wait for them to be received before leaving.

You should not quit "nowhere": the "downtime" time will be recorded in your work book and may raise questions from potential employers.

And, of course, you shouldn't quit if the company you work for pays for your education. This can lead to serious fines.

How to quit your job without scandal

Finally, I would like to talk about dismissal from a purely human point of view. After all, it is important not only to properly quit your job according to the law, but also to know how to do it without quarrels and scandals. Of course, dismissal in itself is not a pleasant process. But it is important to keep face in any situation and know how to leave the company with dignity.

Remember, your boss should be the first person in the company to hear about your dismissal. If rumors about this reach him through third parties, it may not do without a scandal. So do not be secretive with your colleagues, and if you leave your resume on job sites, you should not indicate your last name and current position there.

If you are in a managerial position, it is best to notify your superiors of your intention to leave at least a month in advance. You should have time to hand over cases, and your management should have time to prepare a replacement for you.

It will be good if you yourself propose several candidates for your position and do your best to assist in their preparation.

The last two working weeks before leaving are not vacations, not vacations, not rest before a new job. These are full working days, and therefore you should not come to work later than usual or, on the contrary, leave earlier. Treat your work with the same responsibility, show yourself as a professional.

No matter how difficult life in this team may be, try to leave good memories of yourself both with your colleagues and with your superiors. Life is unpredictable, and you may still need the help of your former colleagues. In addition, your future employer can always contact your current boss and ask for feedback on your work. Remember this and don't slam the door before leaving.

27.11.2014 01:50

Many people ask the question of what is the best way to quit - not just to leave, but to leave without conflicts, beautifully. This question is really very important: correct and intelligent behavior during the layoff process is a guarantee that you have created the optimal conditions for your future success.

We can talk about some of the key principles that need to be followed when leaving. They will be discussed in this article.

The most important rule is never leave in bad conditions! This applies to both the employer and colleagues and business partners, and - most importantly - you as a professional and mature person.

1. Assess the situation

First, make sure your firing is the right decision. Do not leave just to attract the attention of the whole company to your person. Weigh the pros and cons. Think if there is anything you can do to improve on the aspects of work that piss you off? Can you get another job at the company? Have you talked to your boss and knows that you are going to quit (if you feel there are good reasons to stay)? Was he able to understand your needs?

2. Check the legal aspects

Carefully check all the documents you signed while working at your current job. Does it contain a condition to fulfill certain period in a company, etc.? You should also consider the financial impact of being fired, especially if you have not found another job.

3. Choose the right time

Quit on a high note, not when you're feeling drained. After conducting a full analysis of the situation and drawing certain conclusions (which is better to quit), write a statement.

4. Report it personally

Don't be afraid. Make an appointment with your line manager. Don't email him about your termination. You have to tell him about it one-on-one. VERY IMPORTANT: Tell your manager about the layoff before anyone else knows about it. He deserves to be the first to hear the news.

5. Apply for resignation

The statement should be written in a formal style, without emotion. This should be a short and polite letter stating your intention to resign from such and such a date. Apply early so you have enough time to fulfill your obligations to your colleagues.

6. Be prepared to answer the question about the reasons for dismissal

Respond as honestly, tactfully, and respectfully as possible. This is a good opportunity to give your manager (or someone else) constructive feedback. Be fair, mention all factors and justify them. Regardless of the reasons that led you to quit, be consistent. Get ready to get feedback from colleagues and others.

If your company uses a termination exit interview that seeks to identify the “real” reasons for leaving, take part in it. Answer the questions in a meaningful way, do not burn bridges by expressing something negative.

7. Wait for the manager's reaction

If your manager is a professional, then he will definitely express regret about your dismissal. If you already have a new job, he will congratulate you. Most importantly, he must respect your decision.

Explain to him the reasons for your action and promise that you will support him and the team in the remaining time so that they feel your departure as less painfully as possible.

8. Expect your company to react

How did your employer react to employees who left before that? What does management prefer: that people leave after a certain time or leave on the same day? In any case, be prepared for the second scenario: clean your computer of unnecessary files, delete personal information, collect personal belongings. Don't take anything that belongs to the company.

If you are a valuable employee in the company, be prepared for the employer to counter-offer you to keep you. It is worth considering in advance on what conditions you might accept it.

9. Take what you earned

Make sure that all compensation and wage issues are fairly settled and that you have not forgotten to list anything.

10. Quit quietly

Do your best to complete and organize all the cases, complete the rest of the work. If time and situation permitting, help train the person who will replace you. Some even leave a phone number so that colleagues, if necessary, can allow and ask something if they have questions. This kindness is often highly regarded by the company. Overall, this is one of those episodes that will help your colleagues leave a good memory of working with you.

11. Respect confidentiality

Do not talk about your dismissal until it becomes official information. When you quit, do not notify all your acquaintances about it at once. Don't start talking about your firing until you have discussed all the details with your manager.

12. Don't express negativity

When talking about leaving your coworkers, focus only on the positive aspects - mainly on how beneficial the work in this company has been for you. Don't brag about your new job. Be humble and appreciate what the company and colleagues are doing for you. When you quit, don't say bad things about your former employer, supervisors, or coworkers.

13. Work hard until the last day and fulfill all commitments.

The attitude of a person to responsibilities at the stage of dismissal is something that separates the grain from the chaff. It is during this period that true professionals come to light. Be as loyal as ever. Don't act like a temporary worker and avoid engaging in conversations with disgruntled coworkers. Unfortunately, many people who quit unexpectedly sometimes forget all the years they worked hard to build their careers in the company they are leaving. Over the course of several weeks or days, they damage their past and often future reputation without realizing it. Don't be stupid!

14. Inform your colleagues and business partners about the dismissal

After talking with your line manager, report the news to other managers and key employees with whom you worked. Thank these people for their successful collaboration and career development.

15. Say goodbye

Before you get off the train, say goodbye to everyone. Express your gratitude to your colleagues, managers and business partners. On the last day of work, you can organize a small table with treats. Your colleagues will remember this. Try to keep in touch with some of them, be sure to exchange contacts with key people. Send a goodbye email to those you cannot meet in person.

Ask your manager, colleagues or business partners if they are ready to give you recommendations. They can do this by e-mail, phone, or write on professional social networks, for example, LinkedIn.

The style of dismissal says a lot about a person's character, so you need to behave with dignity in this situation. Today, when many are connected to each other (at least virtually), the chances are high that one person knows the other with whom you worked. You can also cross paths with many people from your past job in the future. It is not uncommon for a person to be re-hired by a former employer.

Translation: Stepan Dobrodumov

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The procedure for dismissal from work is worked out in the legislation to the smallest detail - in most cases, the employee must warn the manager by writing a letter of resignation and work for another 2 weeks. The question of how to quit without working off may be relevant for those employees who leave work of their own free will, but due to life circumstances are unable to work for another 2 weeks. For example, this may be due to life circumstances - a state of health or moving to another area.

Is it possible to quit without working two weeks

Article 80 of the Labor Code of the Russian Federation examines in detail the issues related to dismissal at the initiative of an employee, and it is precisely here that the need to work out the prescribed two weeks is determined by law. This period begins to count on the day the director receives the letter of resignation, regardless of when he endorses it and the preparation of the corresponding order begins.

At the same time, those who are looking for an answer to the question of whether it is necessary to work out 2 weeks upon dismissal, you need to know that this article of the Labor Code of the Russian Federation also says about situations when an employment contract must be terminated at the time specified by the employee, or the termination of labor relations by mutual agreement between the employee and the employer in terms of working hours.

Terms for dismissal in the Labor Code of the Russian Federation

If you approach strictly formally, then Art. 80 of the Labor Code of the Russian Federation does not require a 2-week working off, but states that it is necessary to warn the manager within this period (so that he can pick up a replacement, etc.). For example, if an employee writes a statement on the termination of employment before going on 28-day leave, then immediately after the end of the rest, he will be dismissed of his own free will without work. The term is also considered if the employee warns the director while on sick leave - upon presentation then to the personnel department of the certificate of incapacity for work, the days of illness can be taken into account.

Three days

The legislation of our country provides for situations when you can write a letter of resignation without working off and stop working in the organization after 3 days. This applies when:

the employee has not yet completed the probationary period (Article 71 of the Labor Code of the Russian Federation);
the term of the contract concluded with him is less than 2 months (Article 292 of the Labor Code of the Russian Federation);
the employee was involved in seasonal work (Article 296 of the Labor Code of the Russian Federation).

2 weeks

According to the Labor Code, a two-week period is the period in which you need to notify your boss that you want to change jobs. In this case, the employee needs to work out the prescribed two weeks from the moment of writing the application, and receive a calculation and work book in the personnel department in order to get a new job. In fact, the date of dismissal is determined by the management, by agreement with which, you can terminate the employment contract earlier. In this case, it is mandatory to have written proof of the agreement reached (for example, a visa on your application).

Conveniently, if the situation changes and the employee changes his mind to quit, the application may be withdrawn. In the event that the employment relationship is terminated by agreement of the parties or upon dismissal after vacation, this cannot be done. However, if another person was found in the place of the quitting employee who prepares documents for employment, then it will not be possible to withdraw the application.

1 month when working in a managerial position

Separately, the Labor Code of the Russian Federation provides for situations when it comes to the dismissal of an executive employee. Art. 280 states the need for a month's notice from the time the employer received the completed application. Similar requirements apply to coaches and athletes - upon dismissal, they are entitled to work for a month (unless the contract provides for another, usually longer period). In all the cases under consideration, this is due to the specifics of labor, which does not allow immediately leaving the previous job.

For what reasons can you quit without working out

According to Art. 80 of the Labor Code of the Russian Federation, a mandatory attribute is not working off, but the timely notification of the head of dismissal through the signing of an application, and it makes no difference whether the employee will work for this period or will be on sick leave. Therefore, from a legal point of view, it would be more correct to talk not about how an employee can quit without working off, but how to terminate an employment relationship with a minimum warning period or without it at all (for example, for pensioners). As a rule, this is due to the presence of valid reasons, to which the legislation refers:

Admission to an educational institution - a university or a secondary school for a full-time course of study, when the study schedule does not allow for the normal performance of labor duties. In this case, supporting documents should be attached to the application.
Retirement for those employees who have reached the retirement age defined by Russian law. At the same time, if such an employee of retirement age gets a job again, he loses the right to be fired without work.
According to the resolution of the Plenum of the Supreme Court of the Russian Federation on March 7, 2004 No. 2, a good reason for solving the problem of how to quit without work is also a new appointment of a spouse with a change of residence - moving to another city or country. In this case, a certificate of the spouse's transfer to another job is attached to the application.

Special circumstances provided for by law

Labor legislation considers special situations when an employee may not work for 2 weeks upon dismissal. These are situations such as:

Pregnancy and other family reasons (caring for a sick family member, a disabled child, the presence of three or more minor children) with appropriate documentary evidence.
Non-compliance / violation by the company's administration of the norms of the Labor Code of the Russian Federation or local regulations. Delay situation wages more than 15 days is considered in Art. 142 of the Labor Code of the Russian Federation - in this case, the employee has the right to suspend the performance of his duties. If at the same time he asks for dismissal, and the company does not pay wages for another two weeks, then nothing needs to be worked out. A similar situation occurs in case of violation of the rules of payment for the period of sick leave, transfer of benefits to pregnant women, etc. Judicial practice shows that justice in these cases will be on the side of the employee.

How to quit your job without working off

Since this procedure can have several different reasons, depending on the situation, the actions of the employee or employer will also be different. This may include:

minimization of the period before termination of the employment contract if the employee needs to quit as soon as possible (for example, if a more attractive job was found);
reducing the time spent at work (for example, in a conflict with the team, the employee experiences discomfort in such an environment).

By agreement of the parties

In the event of an agreement between the parties, the employee can be dismissed without working two weeks, if the manager is not against such a termination of labor relations and documented this decision, referring to Article 80 of the Labor Code of the Russian Federation. In many cases, this position will be more convenient for the employee than two weeks' work. However, in this case, it may take some time, because it is necessary to issue the appropriate order, the accounting department to make the calculation, and the personnel department to fill out the work book.

Sick leave

While on sick leave, and having received an appropriate medical opinion about the impossibility of fulfilling previous duties (for example, due to injury), the employee can resign of his own free will. In this case, he provides a certificate of incapacity for work to the person responsible for maintaining the report card in the organization, and can be dismissed immediately upon completion of the sick leave. If the period is less than the 14 days established by law for warning the director, the issue can be resolved by agreement of the parties.

Vacation followed by dismissal

According to the law, you can go on another vacation and quit immediately after its completion. These may be situations permitted by labor law when:

The employee wants to "walk" the days allotted to him and asks for leave, because he has the right to do so.
An employee, for various reasons (for example, a suddenly found new job), decides to issue an application while already on vacation. In this case, if there are 14 days or more left until the end of the vacation period, he will be dismissed immediately upon leaving the vacation. If this period is longer, then the issue can be resolved by agreement of the parties.

At the initiative of the employer

Article 81 of the Labor Code of the Russian Federation considers situations when dismissal occurs at the initiative of the employer. These reasons can be divided into two groups. The first includes reasons beyond the employee's control (for example, downsizing, about which he must be notified no later than two months in advance). The second group is associated with the fault of the employee himself and does not provide for working off. This may be due to:

gross violation of labor discipline (absenteeism, appearance at work in a state of intoxication, disclosure of entrusted secrets, an accident due to violation of labor protection rules, commission of a property crime);
repeated failure to perform labor functions without good reason;
when working with material values - committing an act that undermines trust;
immoral actions of a person performing educational functions.

Sample statement of care

In this case, the document is drawn up in the name of the director of the organization in which the employee works. The text is written in free form, but there should be all the necessary information:

In the head of the document it is written to whom it is intended and from whom, for example, “Director of LLC“ Boomerang ”Smirnov A.V. from the driver AS Ivanov ".
Further, in the center of the line, the name of the document is written - "Application".
The basic part contains a request for dismissal without working off, if necessary, supported by a reference to the legislation, for example, “I ask you to dismiss me of my own free will without working off (according to article 80 of the Labor Code of the Russian Federation) from 1.11.2017 due to the transfer of my wife to work in another city (the certificate is attached ) ".
The date and signature are added at the end.