According to labor law, an employee must warn in advance of his dismissal. As a general rule, a subordinate is required to submit an application for resignation in two weeks, since during this period the employer must look for another candidate in his place and settle other organizational issues. However, in some cases, dismissal without working out is possible.
How much should you work out?
Usually the dismissal procedure is as follows: a person submits a letter of resignation to the boss, then works for another two weeks and leaves with a pure soul. Management, in turn, on the last day of his work pays him a salary and other due payments. However, there are a number of exceptions.
Probation
So, when is dismissal possible without working out for two weeks? This rule does not apply to employees who are on probation. If an employee was hired with a test, then a shorter period for working out is provided for him.
The Labor Code of the Russian Federation established that if such a period not finished then a citizen has the right to apply for resignation in just three days. He then does not need to still be in the service for two weeks, he simply works out 3 days and receives the final payment and the work book. If the employer insists on working more than three days, immediately contact the labor inspectorate or the prosecutor's office, as this is regarded as a violation of the law.
Seasonal work
Dismissal without working out a 2-week period is also possible for workers who are engaged in seasonal work. By law, these types of work can last no more than 6 months. In addition, only activities specified in a special list may relate to seasonal work. Subordinates who are involved in such work can quit as they wish, after spending an additional 3 days at work.
Fixed-term contract
As you know, if an urgent labor contract is concluded with a citizen, then upon dismissal, on his own initiative, he must also work 2 weeks. However, if an urgent agreement is concluded with an employee for a period of less than 2 months, then dismissal is carried out without working two weeks. In this situation, you can quit at any time by informing the boss about it in three days.
Extended term
In addition to shortened mining periods, there are also extended ones. So, there are certain features when terminating an employment contract with coaches and athletes. According to Art. 348.12 of the Labor Code of the Russian Federation, such persons must submit an application for dismissal not two weeks, but a month before leaving. Although for athletes there are exceptions. If he has entered into an employment contract for a period of up to 4 months, then the requirement for a monthly working period does not apply.
The 1 month termination notice rule also applies to employees in senior positions. Such requirements are due to the fact that it is often difficult to find a competent trainer or leader in just 14 days.
Writing a statement
If the employee intends to quit, he submits to the boss an application with the following data:
1. Name of the organization, full name of the head, position and full name of the employee.
2. Indicate that you intend to leave the service as you wish. You can not indicate the reasons and motives. But if we are talking about dismissal on my own without practicing, then it is necessary to formulate the reason for my departure. Otherwise, leaving work earlier than 14 days will fail.In addition, you need to provide evidence that you no longer have an objective opportunity to continue to work. For example, if you move to another region, then, of course, you physically cannot be present at your workplace for another two weeks.
3. Date and signature.
Indisputable reasons for exemption from mining
Labor legislation provides for cases when a person can pay on the same day when the letter of resignation was written without practicing:
- study at a university;
- retirement by age;
- relocation to another region;
- the direction of the husband (wife) abroad.
In all these cases, the citizen can terminate the labor agreement at the time that he indicated. The fact is that not a single normative act regulates the full list of reasons that give the right to dismiss without working 2 weeks. Each case must be dealt with individually by the boss. If the manager considers the reason for leaving indicated by the employee to be valid, then he may allow him not to work out for 14 days.
Confirmation of reasons for leaving
The employee must not only formulate the reason for dismissal, but also provide the manager with written evidence that confirms that he really can not continue to work. For urgent dismissal a citizen submits:
- If a person has entered a university, a certificate from the place of study with data on the start time of the classes is submitted.
- When transferring a spouse abroad, you need to take a certificate from the personnel department in his (her) organization about the date of commencement of work duties in another country.
- In case of dismissal due to the need to care for disabled family members, a medical certificate (opinion) will be required. Very often women indicate in the application such a reason for terminating the contract as caring for a child under 14 years of age. However, such a basis does not give the right to dismiss from work without practicing.
Earlier Holiday to care for the child up to 14 years old made it possible not to interrupt experience. Now, the demand for continuity of service has sunk into oblivion, and this reason does not give the right to carry out the procedure for urgent dismissal.
Application form
An application for termination of the employment agreement on their own initiative is necessary in a standard form. It should contain a phrase about the term of dismissal. The employee certainly indicates "such and such a number", and not "from such and such a number." The personnel department, having received a statement stating “to dismiss from October 7th,” has all the authority to draw up the order retroactively, so the employee will be dismissed a day earlier than planned.
You can write a statement by hand or type on a computer. The main thing is that it contains the signature of the employee with the decryption. This paper is also registered with the secretary.
Retirement
According to the law, after reaching retirement age (60 years for men and 55 years for women), a citizen can resign without working out. At the request of a pensioner, he can quit the number that he indicated in his application. However, be sure to indicate that you want to terminate the contract due to retirement.
An employee who has reached retirement age may also quit at the end of an employment contract. However, the transfer of such an employee from a perpetual contract to a fixed-term contract is prohibited.
Some nuances for senior citizens
As already mentioned, an employee who is going to retire may indicate in a statement that he wants to quit without working out. Many lawyers express the opinion that an employee who has just received pensioner status and a citizen already retired has such a right. That is, he can use this opportunity an unlimited number of times. In addition, a pensioner can go on vacation for 14 days without maintenance, and quit after it.The Labor Code of the Russian Federation states that the employer must provide this type of vacation to retirees by age without any additional conditions.
Violation of the employment agreement
There is one more reason when dismissal without practicing is possible. In case of violation by the employer of labor law or other local regulations, the subordinate himself can also decide what date to terminate the employment contract. However, the initial complaint against the employer must be examined by the competent authorities. A decision on the claim must be made within 2 weeks.
More options
If you are not supposed to be fired without practicing, then you will have to consider other options. Pregnant women may not delay another 14 days after writing the application. In order to “deflect” from working out, you can go on vacation (including without maintenance) or arrange sick leave.
In order not to work out, you can take:
- annual vacation;
- leave at your own expense.
The main thing is that its duration should be at least 2 weeks. If you have safely walked off your legal paid annual leave, then you will have to go on leave at your own expense. However, to get a "vacation" without saving wages, you need to have good reasons. Without fail, such leave is granted:
- working pensioners;
- WWII veterans (they can take up to 35 days a year);
- spouse (spouse) or parent of a serviceman, employee of executive services, employee who has been injured, sick due to the service, or who died (up to 14 days);
- disabled people are granted up to 60 days;
- employees in connection with the birth of a child, death of relatives, wedding (up to 5 days).
But how, in this case, is the termination of the contract and what does the Labor Code say about this? Dismissal without practicing will be possible if you write 2 applications, one for dismissal, and the other for vacation. At the same time, all this is allowed to be combined into one statement. Also indicate from which date the vacation should begin, and from which you plan to quit. As an application, use papers confirming a good reason (for example, a medical certificate on a person’s disability, certificate of participation in the Second World War, etc.). In this case, the boss will definitely not be able to refuse you.
Last day at the service
On the day of dismissal, the subordinate is done employment record (under Art. 80 of the Labor Code of the Russian Federation), after which it is issued to the employee. The salary due is issued, the days of unused vacation, other due payments (if any) are compensated. They also issue a statement of income for the previous 2 years and a certificate of insurance amounts paid to the Pension Fund. At the request of the employee, they are required to issue a copy dismissal order and other papers that are directly related to his work (for example, orders for admission, transfer, etc.).
Employee memo
Let's now summarize the requirements of the TC. Dismissal without practicing is, of course, the best option for the employee, especially if he has already found another place. However, it is important to remember that leaving without warning will not work, because such actions can be regarded as truancy.
Therefore, we carefully prepare the application and work out the remaining time in a quality manner so that the employer does not have any complaints about you. Also keep in mind that the law on dismissal without working out is valid only for labor relations, if you have entered into a civil contract, then there are no such terms and compensations for unused vacation or sick leave.
