Dismissal without work 2020: how to do it right

Russian labor legislation presupposes freedom of labor relations, meaning that a person has the right to independently choose his field of activity and place of work. If the employee is not satisfied with the place of work, or circumstances have arisen that prevent him from performing his work at his previous place of work, he has the right to apply to the employer for resignation.

In this article we will talk about in what cases the legislator allows the dismissal of a person without two weeks’ notice of the decision.

A document that will allow you to quit without working

Employees often have complaints against their employer - they do not issue pay slips, do not provide personal protective equipment, or allow other violations in the field of labor relations.

The presence of such violations on the part of the employer allows the employee to quit without 2 weeks of work. But there is one important caveat: by the time an employee submits a letter of resignation, the violation must already be documented by official control and supervisory authorities (Cassation ruling of the Kamchatka Regional Court dated January 13, 2011 No. 33-13/2011).

The employer’s violation will be considered confirmed if there is a document from the competent authority: GIT, Rospotrebnadzor, Rostekhnadzor, court, trade union or labor dispute commission (for example, an order to eliminate the violation or a demand from the trade union body to eliminate the violations).

If at the time of dismissal of an employee there is no documentary record of the violation, it will be difficult to quit without working off. The fact is that the process of filing a complaint and its consideration may drag on for a period exceeding a two-week period - the legally established period for consideration of citizens’ complaints can in some cases be up to 2 months (Part 2 of Article 8, Part 1 and Part 2 of Art. 12 of the Law of May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation”).

In such circumstances, it is faster for the employee to resign in the usual manner, having notified the employer of his resignation at least 2 weeks in advance.

Vacation at your own expense before leaving work

In order not to work for another 14 days after submitting your resignation letter, you can take leave at your own expense during this time, however, this type of leave is provided only with the agreement of the director.

However, for some reasons, leave without pay is mandatory:

Leave may be granted to pensioners without pay;
war veterans;
disabled people;
parents and wives (husbands) of military personnel;
spouses and parents of citizens killed during military service;
for employees whose relative has died;
on the occasion of the birth of a child;
in connection with the wedding.

Is your employer delaying your salary? You can quit without working

If the employer delayed payment of wages, he violated labor laws and must be held responsible for this (Article 142 of the Labor Code of the Russian Federation). According to Art. 136 of the Labor Code of the Russian Federation, wages must be paid to employees at least every half month.

In such a situation, the employee has the opportunity to resign without working off if the labor inspectorate has confirmed the fact of a “salary” delay. A literal interpretation of the law allows us to conclude that in these circumstances, what is important is the fact that a violation has been established and the employee’s rights have been violated. For an employer in such a situation, dismissing an employee on the same day (without 2 weeks of work) is a safer option, as it avoids the risks of unnecessary labor disputes.

Dismissal without working for two weeks

An employee can resign without working the mandatory two weeks within a 3-day period. This is possible when the following circumstances occur:

During the probationary period - Art. 71 Labor Code of the Russian Federation
If the employment contract was concluded for a period of less than 2 months - Art. 292 Labor Code of the Russian Federation
If the employee was engaged in seasonal work - Art. 296 Labor Code of the Russian Federation. This period is provided only for the employee. If an employer decides to dismiss a seasonal employee, he must notify the latter 7 calendar days in advance

In order for an employee to be considered a seasonal worker, this must be specified in the employment contract.

Dismissal of a retired employee: to work it off or not?

There are 2 possible situations here:

An employee who has just received a pension is resigning - he is not required to work for two weeks and can resign on any date suitable for him, indicating it in his resignation letter (Article 80 of the Labor Code of the Russian Federation).
A working pensioner is resigning - if he resigns at his own request, he will have to work for two weeks after submitting his letter of resignation to the employer.

This difference in approaches is explained simply: dismissal of an employee on his initiative in connection with retirement is possible only once upon receipt of the right to an insurance pension, since dismissal on this basis is clearly interpreted as the fact of retirement, and not the status of the employee pensioner.

If one day an employee officially quit due to retirement, and subsequently went to work again (with the same or another employer), he does not have an unconditional right to dismissal without two weeks of work. At the same time, he still has the chance of immediate dismissal - by agreement with the employer.

The ability to resign on the day you submit your resignation: what the law says

The same article 80 of the Labor Code of the Russian Federation provides the possibility of urgent dismissal if the employee is unable to continue his work activity. These are, for example, cases such as:

employee retirement;
an employee’s enrollment as a full-time student at an educational institution;
conscription of an employee into the army , as well as transfer of the serving spouse to another area;
moving for permanent residence to another city;
violation by the employer of the norms of the Labor Code of the Russian Federation , labor and collective agreements.

In these cases, it is possible to resign within the period specified in the employee’s application, including on the day the application is submitted.

An employment contract can also be terminated by agreement between the employee and the employer before the notice period for dismissal expires.

When an external part-time worker can quit without working off

Labor legislation does not provide special rules for external part-time workers regarding 2-week work. Like main employees, external part-time workers, when leaving at their own request, are required to notify the employer in writing at least 2 weeks in advance (Part 1, Article 80 of the Labor Code of the Russian Federation).

An external part-time worker can resign without working on general grounds: upon retirement, enrollment in an educational organization for study, etc. An external part-time employee can reduce the two-week period or do without working at all if the employer does not object to his immediate dismissal. The law does not prevent such a scenario from happening.

Employee obligations

As the law states, every employee is required to notify his supervisor of his intention to leave his position at least 14 calendar days or two weeks in advance.

The countdown begins from the date of submission of the application to the boss and his acquaintance with him. But it is worth remembering that not all employees must warn management about their desire to leave their job: those who are on a probationary period , as well as employees on seasonal or temporary contracts not exceeding two months, are not required to comply with this regulation. They only need to submit an application three days before actually leaving work.

For your information! For those who, by law, have the right to notify their superiors three days before dismissal, in order to speed up this process, it is most reasonable to choose a period with a large number of weekends or non-working holidays when leaving work. This is very convenient: I wrote an application before holidays or weekends and after them I am already free.

Health status as a basis for dismissal without service

The health condition of the employee himself or his family members may be the reason for his dismissal. Moreover, it is often necessary to terminate the employment contract with the employer immediately.

What should the employer do in this case? Is it legal for him to demand compliance with the two-week deadline or should the employee be released at his request on the day he indicated in the application?

The list of grounds for “without work” dismissal does not contain such grounds as “deteriorating health” or “the need to care for a disabled family member.” However, the list of grounds under Part 3 of Art. 80 of the Labor Code of the Russian Federation is not closed. If the employer considers the reason for the employee’s dismissal to be valid, he has the power to let him go without any work.

An employee applying for dismissal without service must be prepared to provide the employer with a copy of a medical report or other documents confirming the need to care for a family member. Although, according to the law, the employer does not have the right to demand them.

It is possible that the employer will not consider the reason for dismissal given by the employee to be valid enough to let him go without working. Then it is possible that an individual labor dispute may arise with the employee, and in such circumstances the court can evaluate the employer’s actions (Articles 382, 391 of the Labor Code of the Russian Federation).

Let us note that recognizing an employee as completely disabled in accordance with a medical report issued in the prescribed manner is an independent basis for terminating an employment contract under clause 5 of part 1 of art. 83 Labor Code of the Russian Federation.

Payments upon dismissal at one's own request

On the last working day, the dismissed employee is paid settlement payments, which contain:

Wages for actual time worked.
Compensation for unused vacation days.
Other payments provided for by the internal documents of the enterprise.

It is necessary to pay attention to the fact that cash payments are made on the employee’s last working day, and not on the date of dismissal; wages and compensation payments must be received on the card on the day of termination of the employment relationship.

Dismissal without service in the presence of special circumstances

You can resign without service as specified in Art. 80 of the Labor Code of the Russian Federation on grounds (we talked about them in the first section of the article). If you intend to quit for other reasons, and the employer does not want to let you go without two weeks of work, no “special circumstances” will force him to reduce or reset this period. And the law will be on his side.

For example, this is a life situation: a conflict has broken out between employees, and one of them is receiving threats from another employee. In this regard, the employee who received the threats wants to quit immediately. Is it possible in this case to be fired without working?

There is no direct answer in labor legislation. Explanations were provided by specialists from the website Onlineinspektsiya.RF. You will have to resign according to the general rules - by notifying the employer in writing at least 2 weeks before dismissal. Again, dismissal without work is quite achievable by agreement with the employer.

The law specifies that if the work assigned to an employee threatens his life and health, for the purpose of self-defense, the employee has the right to refuse to perform it by warning the employer in writing (Part 1 of Article 379 of the Labor Code of the Russian Federation). During the period of refusal to work, the employee retains all labor rights.

Useful information from ConsultantPlus
See a ready-made solution on how to formalize the dismissal of an employee at his own request.

Dismissal at the initiative of the employer without working off

All grounds for separation from an employee at the initiative of the employer do not imply working time. As a result, you can be fired without work for:

inconsistency with the position;
repeated failure to fulfill duties;
one-time gross violation of discipline;
identifying the fact of theft or appearing at the workplace while drunk or in another altered state.

This is an incomplete list of possible reasons for termination of cooperation at the initiative of the employer. After completing the appropriate documentation documenting the violations committed, the employee, as a rule, is fired one day without work.

IMPORTANT!

In case of liquidation or reduction of staff, the employee is first notified 2 months before dismissal. However, this does not deprive him of the right, in agreement with the employer, to leave without waiting for the end of this period.

You can quit without working while on leave without pay

While on leave without pay, an employee has the right to apply for resignation at his own request. You will not have to work if the two-week period required by law to warn the employer has expired during the period of this leave.

This approach is absolutely within the framework of labor legislation - the course of the 2-week period is not interrupted during vacation without pay. If such a notice period completely coincides with a vacation at your own expense, then additional work after the end of the vacation is not required (Part 3 of Article 14, Part 1 of Article 80 of the Labor Code of the Russian Federation, Letter of Rostrud dated 09/05/2006 No. 1551-6).

The situation is different when an employee asks for dismissal without working while on leave without pay, issued for a period of less than 2 weeks. Then the employer has the right to demand that the employee work the remaining time after the vacation before dismissal.

Legal grounds not to work out

In practice, there are often cases when it is not possible to warn the employer in advance about your intentions. Current legislation takes this point into account and allows you to quit without working in a number of cases:

upon admission to the full-time department of a secondary vocational or higher educational institution;
when conscripted for military service;
if necessary, care for a seriously ill family member;
upon retirement;
for health;
when moving to another region;
when transferring a spouse to another country.

A significant reason for voluntary dismissal may be a violation of an employee’s rights by the organization’s management. Systematic delay of wages, coercion to perform duties not provided for in the employment contract and other documents, as well as refusal to provide leave allow a citizen to resign without working.

Important

It should be noted that facts of violations in such cases must be documented by regulatory authorities.

In addition, the procedure and conditions for terminating an employment contract without working out can be specified in the internal documents of the enterprise. In some organizations, parents of children under 14 years of age, pregnant women, parents of disabled children, and mothers of many children can count on dismissal “on the same day.”

Current legislation obliges the employee to notify the organization's management in advance about his dismissal, but does not mention that he must remain at the workplace during this period. That is why there are several other ways to quit without working.

Sick leave followed by dismissal

Sick leave is a valid reason for the absence of an officially employed citizen from his workplace. Temporary disability allows you to avoid working off upon dismissal. In this case, several scenarios are possible:

The resignation letter was submitted before going on sick leave.. In this case, the period indicated on the certificate of incapacity for work will be counted within the time limits established by law.
Attention
If it is closed earlier, the citizen will have to return to his workplace before the date specified in the application. Otherwise, the employee will be dismissed within the specified period, but he will retain the right to sick pay after termination of the employment relationship.
The resignation letter was submitted after going on sick leave . If the period specified in the certificate of incapacity for work exceeds the legally established time of 14 days, the employee will not have to return to his workplace. In cases where the sick leave ends before the date specified in the resignation letter, the citizen is obliged to work the remaining days before the termination of the employment contract.

Attention

It should be noted that this method is suitable for those employees who really have health problems, since falsifying a certificate of incapacity for work threatens with criminal punishment.

Vacation followed by dismissal

Another way to avoid working before dismissal is to go on vacation. The Labor Code of the Russian Federation (Article 127) allows employees to use accumulated vacation days before terminating the contract, while:

the date of dismissal of the employee coincides with the employee’s last day of rest;
the employee has the right to withdraw his application only before going on vacation, after which he is deprived of such authority.

Article 127 of the Labor Code of the Russian Federation indicates that an employee can use accumulated vacation days before dismissal, but does not oblige employers to provide the employee with such a right. That is why termination of an employment contract in such cases can occur according to two algorithms:

With the consent of the employer, the employee submits an application for leave with subsequent dismissal.
Information
In such cases, a new employee can be registered for the vacated position on the first day of leave of the dismissed person.
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The employee goes on vacation according to a pre-approved vacation schedule, and then submits a letter of resignation 14 days before the date of termination of the employment relationship. Moreover, if there are 2 weeks left until the end of the vacation, the employee will not have to return to his workplace.
Attention
In cases where the employee submits an application less than 14 days before starting work, he will have to work the remaining time until the date of dismissal.

It should be noted that an employee on vacation can submit a resignation letter in several ways:

Personally . The procedure for terminating an employment contract in such situations is no different from the standard one.
By mail . It must be taken into account that two weeks in such cases begin to be calculated from the day following the date of receipt of the letter by the employer.
Through a legal representative acting on the basis of a notarized power of attorney.

Often, company management makes concessions and allows an employee who has gone on vacation to declare his intention to terminate his employment relationship later than the legally established deadlines, so as not to return to his workplace after the vacation. That is why possible options for the development of events must be discussed with the employer even before writing a letter of resignation.

Before dismissal, an employee can use basic and additional vacations, in whole or in part. In the latter case, the remaining days will be compensated to the dismissed person in cash.

Do you want to leave without work? You risk being fired for absenteeism

In connection with your dismissal, the employer has to resolve a number of organizational issues and he needs time for this. For example, find a new suitable employee for a vacant position. These circumstances do not coincide with the wishes of the resigning employee if it is vital for him to resign immediately without working for two weeks.

The best option here is to come to an agreement with the employer on the issue of reducing the working period or the mutual desire of the parties to do without it altogether.

If you decide to just drop everything and leave, without finding a compromise with the company administration regarding the two-week work period and in the absence of recorded violations on the part of the employer, there is a serious risk of being fired for absenteeism (clause “c”, clause “d”, clause 39 Resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2).

And although judges in such court proceedings usually side with the employee, no one will return you the time and nerves spent going through the courts.

Dismissal procedure

As mentioned above, in order to resign you need to fill out an application and send it to the employer. To do this, you need to fill out the document with the necessary information and submit it to the HR department or, in its absence, transfer the document to the employer. In the vast majority of cases, it is the managers who receive applications from their subordinates, after which they transfer them to the personnel department.

On a working day, this person fills in the reason for dismissal, as well as the position and department in which the citizen performs his work duties, after which he is called by phone or the possibility of coming is discussed in advance. At the appointed time, the person is given a work book with full payment.

For your information

If there are no reasons for resigning voluntarily without the need to work, but the person does not want to work in his company for another day, he can submit a corresponding statement to the manager, and then go on sick leave the very next day.

At the same time, do not forget that after the end of the sick leave you will need to bring the relevant documents to the employer, which will confirm that the leave was justified. In this case, in addition to standard compensation, the person also receives an additional amount for the sick leave provided.

The standard dismissal procedure in this case will look like this:

The employee submits a resignation letter of his own free will in writing.
Authorized personnel department employees issue a dismissal order, filling it out in accordance with Form T-8.
The employee is provided with a sample order for review.
On the last working day, all required payments are transferred to the person’s account, and a work book is provided.

For your information

If a person does not have the opportunity to independently pick up the work book from the manager, the employer is given the opportunity to send it to the specified address by registered mail with an inventory, but for this, the application submitted by the former employee must contain a corresponding note. If necessary, you can also use mail to submit an application, without the need to visit the employer in person.

To issue a dismissal order, you need to use the standard T-8 form, since it is indicated in the relevant Resolution of the State Statistics Committee. Also, if a citizen was unable to familiarize himself with the order, it must be marked accordingly.

Sample application

There is no specific form in accordance with which such an application must be filled out, since the current legislation does not provide an example of this document. However, there are several rules that need to be taken into account when filling out all the necessary information without fail.

The application must be completed in writing in your own hand, but this does not mean that if it is printed out on a computer, it will not be accepted. The document is drawn up in the name of an authorized representative of the director of the company or in his name personally, but there is no need to indicate the name of the immediate head of the structural unit.

In the header of the document you must indicate the position and full name of the employer, its name indicating the organizational and legal form, as well as the name of the structural unit in which the applicant works, the position held and full name.

The following outlines the essence of the application under consideration, and in particular, you will need to write:

the date from which the applicant intends to leave his position;
the reason why the person made this decision;
if before leaving a person plans to take off previously unused vacation time, this is indicated in the application;
signature and date of completion of the document.

Recording in labor

After a person submits an application along with documents confirming his right to dismissal on the day of application, he must be given a settlement along with a work book.

Read more: “How to correctly make an entry in the employment record when leaving on your own.”

At the same time, we should not forget that a person is fired without work often only if there are good reasons, and all of them will be reflected in the work book provided to him.

Important

If the employer refuses in every possible way to release a citizen from his work duties for one day and does not consider the stated reasons as valid, the person can go to court or a labor commission to protect his rights.

Payments

Along with the work book, the manager must also transfer to his employee a certain amount of funds calculated for him based on the results of the end of his working life.

In this case, the amount includes the standard salary for the last month worked or that part of it during which the person performed his duties, as well as vacation pay and severance pay, if provided by the enterprise.

Read more: “Payments upon dismissal of one’s own free will.”

If a settlement based on the dismissal did not occur and the manager tries in every possible way to delay payments, then in this case for all days he will have to transfer the amount that corresponds to the employee’s average daily salary.

Let's sum it up

You can quit without working for two weeks: by agreeing on this directly with the employer;
when enrolling in an educational organization, upon retirement, or in other circumstances when an employee cannot continue the employment relationship, the employer has no right to interfere (Article 80 of the Labor Code of the Russian Federation);
if there are facts of violations by the employer of labor legislation, a collective or labor agreement documented by the competent authorities (delay of wages, failure to issue personal protective equipment or pay slips, etc.).
by providing the employer with a medical certificate issued in accordance with the legislation of the Russian Federation stating that it is impossible to continue working for health reasons (clause 5, part 1, article 83 of the Labor Code of the Russian Federation).

An employee who does not return to work immediately after the employer’s notice of dismissal and has not received consent from the employer to leave without working, risks being fired for absenteeism.

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Alternative options

An employee who does not want to work a two-week period has the right to write an application for leave with subsequent dismissal. The second option is to submit a second one after writing the application - for vacation. In this case, the employer will not be able to get the employee to work off.

Some employees who do not want to be fired early go on sick leave. It's also legal.

If an employee believes that he has a valid reason for terminating his employment without working off, but the employer does not let him go, the employee has the right to go to court with a complaint against the organization.

The most convenient option is to contact the employer with a proposal - not to bring the matter to court. Since the legal process can drag on for several months, organizations most often make concessions.

It is possible to terminate an employment contract without working out. To do this, you need to come to an amicable agreement with the manager or provide the boss with documents about the existence of valid reasons for early dismissal.

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One day dismissal without work

Even in the absence of the above reasons, an employee can quit in one day if he reaches an appropriate agreement with his immediate supervisor. In this case, a person writes a letter of resignation as standard, after which he is given a work book along with a payment on the same day.

In addition to the above reasons, a collective agreement may include a number of other circumstances that provide for the possibility of dismissing a person in one day.

Important

If the employer, for one reason or another, refuses in every possible way to recognize the existing circumstances as a valid reason for dismissing a person one day, the latter can file a complaint with the labor inspectorate or court.