Causes for the desire or need to stopwork in a particular organization today, any employee can have a lot. However, the labor legislation provides for compulsory testing after writing the application for dismissal. Is it possible to not fulfill this condition and how to quit without working 2 weeks?
Rules and obligations of employees
The Labor Code of the Russian Federation states that anythe employee is obliged to notify the employer of his intention to resign at will in at least two weeks (14 days). In this case, calendar days are taken into account, regardless of the number of shifts in them. The specified term is counted from the day following the submission of the application to the head and his acquaintance with him. For some categories of employees, the question: "How to quit without working through the specified period?" Is absolutely irrelevant. We are talking about employees undergoing probationary period, and specialists working for temporary / seasonal contracts, the total term of which is not more than 2 months. Representatives of these categories of workers have the right to notify their employers of their intention to terminate the employment contract three days before the actual dismissal.
Agree with the leadership at will or law?
The employer has the right to dismiss anyemployee at his request without working off. This is a real chance for employees of small companies who have the opportunity to communicate directly with their superiors. Enough in an informal atmosphere to express their request, and if the leadership will meet, leave the workplace can be even the day after the signing of the application. How to quit without working 2 weeks, if very much necessary, but the boss does not want to enter the position of an employee? In the presence of special circumstances, this is real. But remember that the reason should be indicated in the application, and also (at the request of the management) to confirm documentary. The term of dismissal is indicated by the applicant himself. If the claim stated in the application is not satisfied, the employee has the right to file a claim with the court.
Special circumstances for a quick dismissal
Terminate their labor activities are entitledstudents enrolled in an educational institution. To confirm this fact, you need a certificate from the university. Also, retirees leave without working out when they reach the retirement age. To leave on own desire in the shortest terms it is possible and in the event that the employer exceeds the powers, operates improperly or breaks the labor legislation in other ways. When dismissing on this occasion, it is necessary to have evidence of violations. These three reasons are listed in Article 80 of the LC RF, the same article allows for the possibility of dismissal in the time required by the employee under other valid circumstances. There is no detailed list of other reasons in the labor code, it is necessary to focus on by-laws.
Other reasons for dismissal without working off
Can I quit without working, if the reasonsIs this decision related to the family or other area of the employee's personal life? The laws of our state allow such a possibility, but the employee needs to be prepared for the fact that the need for urgent dismissal will have to be confirmed, as in the case with the main reasons prescribed in the TC. The reason for the termination of the employment contract is the change of the region of the permanent residence, as well as the long working trip of the spouse to another country / region with the provision of a place for the whole family to live, the deterioration of the state of health that makes it impossible to stay in the region or the performance of official duties in the office. Those who do not know how to quit without working off, can help their own children. The pregnant woman or mother of a child under 14 years old can terminate the contract with the employer at any time. Also, any of the parents can leave without working out if the family has many children (from three children) and all children have not reached 16 years old, or 18, but on condition that the latter are students or students of general educational institutions. The reason for fast dismissal is the need to take care of a sick family member (this requires an appropriate medical prescription) or an invalid of the first group.
Do you want to quit? It's time to get sick!
In the labor legislation of the Russian Federationthere is no indication that after the notice of dismissal the employee must work. This is an excellent and, most importantly, absolutely legal loophole. Have you already understood how to quit without working 2 weeks? It's simple - just notify your management about the day before you leave for the sick leave or after opening it. The worker in this case writes a statement of his own volition and sends it to his superiors. Then he goes to a medical institution and draws up a sick leave sheet. Accordingly, the employee has the right not to go to work due to illness in the terms specified in the certificate of illness. In this case, exactly two weeks after the writing of the application, you can demand a calculation and a work record in the personnel department.
How to leave without working off, having issued a vacation?
Workers who have a leave in reserve, withThe dismissal has the right to demand material compensation or to issue leave for the remaining two weeks of work. If possible, it is worth coordinating your decision with management in advance. But even without personal agreement, the authorities do not have the right not to let the employee go on a paid vacation or to refuse to leave immediately after the rest. If the matter is not in urgency, but in the unwillingness to work, then it is worth choosing for the dismissal period with a large number of days off. For example, those who are on probation, you can retire without working out for three days. It is enough to write an application on Friday (with the schedule 5/2). And on Monday, after the standard weekend, you can demand actual dismissal.
Sample application
Application for dismissal at own willmay have any shape. In his "cap" indicates the addressee - the CEO of the company and the full name of the organization itself. Do not forget on the bottom line of the "caps" to indicate the position held and the full name. The statement indicates your wish (“to dismiss on your own will”). If there are special reasons, they should also be indicated along with the desired date of dismissal. Documents confirming the importance of the circumstances should be attached, and make an inventory at the bottom of the statement itself. If the employee is going to quit his job without working out for health reasons, a certificate from the medical institution is attached. In the description it is necessary to call it that way. For some documents, copies will suffice, for example, if these are internal orders of the organization in which the applicant's spouse works, about his transfer to another region. The final part of the application is the date of its filing and the signature with the decoding of the applicant's passport data.
To sue or accept?
What if the employee knows how to quit,without working for 2 weeks, and found a suitable option for myself from the permissible TCs, and the employer insists on working off? This is a violation of labor laws, provided that the former did everything correctly and correctly executed the documents. The correct decision of the employee whose rights are violated, will go to court. But to rely on a quick trial is not necessary, most likely, the hearing and study of materials will take several months. So maybe it's really better to try to negotiate peacefully with the authorities and work out the necessary time or recommend a specialist with a good resume to your place? There are really several ways to quit quickly, but it is much easier to plan such serious changes in your own life in advance and quit on general terms.
