Today we will be interested in working out upon dismissal of our own free will. This process worries all workers who decide to terminate the employment contract with their employers. What provides for dismissal on one’s own initiative? What nuances of the procedure will you pay attention to? Is it always necessary to work out the set time? Or maybe there are some secrets that allow you to quickly break off labor relations? The answers to all these questions and not only will be necessarily set forth below.
Who is eligible
What does voluntary dismissal include? Is there a practice in this case or not? Does it always take place?
To understand all this is not difficult. Especially if you carefully read the Labor Code of the Russian Federation. It spells out all the features of labor relations. And dismissal is no exception.
Who is entitled to terminate relations with the employer on their own initiative? Any employee officially employed. So, you can quit after the conclusion of the contract or at the time of the probationary period. The main thing is that no one has the right to hinder this operation.
A warning
According to the corresponding article of the Labor Code of the Russian Federation, dismissal of one's own free will almost always provides for completion. A citizen who decides to leave his former place of work must inform his boss in advance of his intentions.
It is necessary to submit a letter of resignation no later than 14 days before the moment of termination of the relationship of labor type. This rule was invented so that the employer could find a replacement for the dismissed employee.
Working out
What's next? According to the law, working out upon dismissal of our own free will in our country lasts 2 weeks. That is, as soon as a person submits an application for dismissal to the employer, the process begins, leading to the termination of the contract between the employer and the employee. And it is being implemented, starting with mining.
This period, as already mentioned, is required. You won’t be able to quit immediately. This is only possible in exceptional situations.
Dismissal without work
The labor code (article 80) also provides for such an option. Dismissal of one's own free will does not always mean the need to work another 2 weeks. Part 3 of this article states that sometimes you can immediately leave your previous job.
Legislation provides for the lack of mining if:
- a citizen retires upon reaching the appropriate age);
- further fulfillment of labor duties by him is impossible;
- a person is being enrolled in an educational institution;
- the employer violates the laws of the Russian Federation.
In other cases, as a rule, citizens must remain in the workplace for 2 weeks from the date of application for dismissal. Only everything is not as simple as it seems. The Labor Code has a number of inaccuracies that cause controversy on the topic under study.
Actual development
For example, it is safe to say that employees are required to inform in advance of their decision to leave the organization. The legislation of the Russian Federation obliges subordinates to this act. But no more than that.
As soon as compiled and filed a letter of resignation of their own free will, mining begins a reverse time report. Only in Russia there is no clear indication of the actual work after the employer is notified of his intentions to leave work.
What does it mean? As we have already found out, it is the citizen's responsibility to submit an application in the indicated form with a request to dismiss him at his own request. However, mining is optional. There are a number of secrets that will help to avoid this part of the dismissal. All of them are absolutely legal.
Sick
It is clear under what circumstances dismissal of one’s own free will is possible without practicing. Article number 80 of the Labor Code (paragraph 3) indicates that the employer is obliged to terminate the employment relationship with a subordinate at the time indicated in the application. Here, situations are prescribed in which it is impossible to demand development.
But on them the features of termination of relations of the labor type do not end there. Some employees are interested in whether it is possible to take sick leave, and then quit without working out. Does the employer have the right to call a person from sick leave to work before being fired?
The answer is simple: no, the boss cannot do this. As we have already found out, in the legislation of the Russian Federation there are no real indications that the employee is required to actually work a couple of weeks. Therefore, they cannot call him from the sick-list. It doesn’t matter whether a paid break is involved or not. The main thing is that in this case, mining is not required. All requirements to go to work while staying on sick leave are allowed to be ignored.
Vacation
What if the employee is on vacation at the time of the decision on dismissal? Dismissal of one’s free will, without practicing, reveals new secrets to all company employees. What is this about?
While on vacation, an employee, as in the case of sick leave, cannot be invited to work for work. So, you can just go on vacation and wait for the termination of the relationship. A similar technique is used in practice quite often.
Senior Citizens and Dismissal
In fact, the issue under study has a huge number of features. For example, dismissing a pensioner of his own free will without working out is not always possible.
From the foregoing, it follows that such a right is granted only to citizens who decide to take a well-deserved rest after reaching their retirement age for the first time, that is, to receive a pension.
If the pensioner is again employed, then the general dismissal rules apply to him. This means that an elderly person must warn in advance about the desire to leave the organization and work out the 14 days prescribed by law. Or a pensioner can take advantage of the previously proposed secrets in order to avoid additional labor.
Quick dismissal
There is also a way to terminate an employment relationship in three days. This alignment in real life occurs. When is it possible?
Workout upon dismissal of one’s will is not required if:
- a person is employed in temporary / seasonal work (Article 296);
- the contract is concluded for 2 months and no more (Article 292);
- a citizen is on probation (Article 71).
Accordingly, you will have to fill out a letter of resignation according to all the rules and wait 3 days. This period is considered mining, but all the secrets previously brought to attention apply to it. For example, you can take sick leave for these 3 days.
Other circumstances
The life of a modern person is multifaceted and unpredictable. Therefore, the labor legislation of the Russian Federation is trying to provide for various life situations related to the dismissal of a person.
Do you want to lay off voluntarily without practicing? In the same article 80 of the Labor Code, there are many reasons why this right is granted to citizens. Most of them are known to us.
Other circumstances exempting from mining include:
- moving a citizen to another area for work;
- departure of a spouse to work abroad;
- moving for medical reasons to another city;
- caring for a disabled child up to 14 years old, as well as for sick family members.
Of course, all these circumstances will have to be documented. The papers are attached to the letter of resignation. Otherwise, it is necessary to work out the legal 2 weeks.
Workout pay
Despite the fact that there is no actual practice in the Russian Federation, some citizens prefer to agree with it and do not apply the suggested tricks for additional rest before leaving. But why?
The thing is that the working time is mandatory. After all, in fact, a person is still listed as an employee. Accordingly, upon termination of the labor-type relationship, it will be possible to receive money for the time worked. The calculation is made without any features, taking into account the salary of the subordinate.
About statement
How does the voluntary dismissal occur without working out? A sample statement will be presented below. This is just a small template that will help to realize the task.
It is recommended, if there is reason to be exempted from working, to ask the employer for a quick dismissal. To do this, the statement writes something like: "Please dismiss me without working off for a reason ...".
The application form is written. An oral agreement is not valid in this case. If you want not to work out the required time just like that, then together with the letter of resignation, a request for vacation or sick leave is submitted. It is advisable to first go on vacation, and only then to inform about intentions to leave the previous place of work.
Resignation Obligations
It is important to remember that the operation under study provides for the fulfillment of certain obligations by both the employee and the boss.
So, a subordinate upon dismissal on his own initiative is obliged to notify the authorities about his decision in writing in 2 weeks. On this his responsibilities end. Ideally, you need to work out a couple of weeks before leaving work, but this can be avoided. They do not compel him under the law.
But the employer has more obligations. He must:
- accept a letter of resignation;
- issue an appropriate order and familiarize the subordinate with it;
- make a note in the employee’s work book;
- Settle with the employee after 2 weeks (on the day of dismissal);
- to issue certain documents - a work book, a pay slip, a certificate of income.
It is impossible to prevent the dismissal of an employee. And to refuse to terminate his employment is also prohibited.
Instead of a conclusion
Now it’s clear what kind of dismissal is regulated by article. Testing in this situation is possible, but nobody is obligated to it. Employees can take advantage of the tricks of the law and not work out the time.
In fact, for the employee, the studied method of dismissal is the simplest. But the employer must take into account the many subtleties of the Labor Code. Only in this case will the procedure be considered legal. In case of violation of the current legislation by the head, the employee can contact the Labor Inspectorate. It will bring a lot of trouble to a negligent employer.