How to quit your job?

How to quit your job?

Content:

How to quit my job without a layoff?

One of the main desires of a person in this case is to “get up and leave,” that is, to quit without working hours. And here we need to remember the rule: to warn about the dismissal should be 2 weeks before the expected date of departure. But how can you quit immediately, and is it possible in principle? Let’s look at the definition, conditions and exceptions to the rule.

What is “time off” before I quit?

In practice, it is the wording “working off before dismissal” that is widespread. But legally, the rule sounds differently: a warning (notice) of dismissal at one’s own request.

It is important to understand the difference, from the point of view of lawyers, how to quit your job without working off. Under the law, an employee does not have to work something off to be fired, but must give advance notice. If in a conflict there is a phrase in the documents that the person was not let go because he did not work, the court will side with him. The Constitution of the Russian Federation defines freedom of labor, and it is impossible to prohibit the termination of the contract.

Regulated furlough in the Labor Code of the RF

Working off before termination is also regulated by law. Before the termination of the employment contract, a person must work a certain number of days. Legislators believe that this is the number of days enough to close current tasks and transfer cases.

Periods of time to work off

For almost everyone, the notice period before dismissal is two weeks. And the term is counted in calendar days, this includes working days, holidays, weekends, vacations, sick days.

A widespread scheme for quitting without working time is: an employee goes on vacation, after which he quits immediately. If he has accumulated vacation days, it is legal.

But if the company has a vacation schedule, it may not work. If there is a schedule, the manager can refuse an “unscheduled” vacation or postpone it. Although by law, every company must have a vacation schedule. But in fact not everyone has one, and much depends on personal agreement.

But there are a number of special situations where it is legal to quit without working two weeks.

According to Article 280 of the RF Labor Code, the general director must give one month’s notice when resigning at his own request. If the employee has a probationary period or a seasonal job, he must work 3 days – three days’ notice must be given.

Dismissal by mutual agreement of the parties

Although the Labor Code requires two weeks’ notice of resignation, it is not a dogma. Can I quit without working hours? Yes, if you personally agree to an early dismissal.

However, you shouldn’t confuse voluntary dismissal without working off and an agreement of the parties. These are different grounds, which will be stated in the documents. Two weeks’ notice must be given, while an agreement of parties can be signed for any date, be it tomorrow, or in a month or three.

Lack of opportunity to continue working

Two situations allow an employee to resign without a period of notice. They are specified in Article 80 of the Labor Code of the Russian Federation – retirement and enrollment in an educational institution with the beginning of studies. Accordingly, the basis for leaving without having to work is the absence of the possibility to continue working.

Violation of labor laws

When else can I quit without working time? The Labor Code gives one more reason to quit without working time. It is a violation by the employer with respect to the employee of the norms of law, the terms of the contract or local acts.

For example, wages were not paid, were allowed to work without special assessment of working conditions, were not given protection equipment. But it must be fixed – by the inspector of the Labor Inspectorate, the trade union or the court.

Having received confirmation (an act of the trade union, an order from the Labor Inspection or a court decision), the person has the right to quit immediately. The grounds for dismissal are more than weighty, but we have hardly seen any such cases in practice.

Working off at resignation

Despite the special status of working off two weeks, there are no peculiarities in it. In fact, working off before resignation is the employee’s normal work for two weeks before the contract is terminated.

It begins on the day following the submission of the letter of resignation. During this time, the employee works according to a normal schedule and performs his tasks according to his job description.

If a successor is found for him, he will also gradually hand over the files to him. No separate documents need to be drawn up for this period. All you need to do is write a letter of resignation without pay.

Firing a person without time off

The law assumes a general basis – the dismissal of an employee at his own request. There is no separate template for dismissal at one’s own request without serving two weeks.

Two key phrases must be included in the resignation letter:

  1. The basis – your own desire: “please terminate me at your own request.”
  2. The exact date of termination, e.g., “August 31st”; do not write: “as of August 31st”.

If you have reasons for quitting without having to work (training, retirement, violation of the law), or if you have agreed with the management to leave immediately, you should indicate the circumstances for early dismissal in addition to the dismissal date, e.g. “please dismiss me in connection with enrollment in higher education and the beginning of training” and put the date you need.

By the way, you should remember that you can withdraw your resignation at any time, even on the last day of work. The company is obliged to accept it and stop the dismissal procedure.

How to avoid working off?

In addition to retirement, the beginning of training, and violation of the law, Article 80 of the RF Labor Code talks about “other cases” of quitting without working two weeks. This means that it is possible to quit without working two weeks in other situations. These are the main difficulty for both companies and employees.

Having studied the practice and court cases in recent years, we have identified a number of situations in which it is possible to quit without working and the courts side with the employees.

Among them:

  • The need to care for a disabled child;
  • Relocation to the place of service of a military spouse;
  • Moving with the spouse to another location;
  • deterioration of health and urgent relocation (it is necessary to take a medical certificate);
  • military service, etc.

But this is not a complete list. If the employee considers his reason to be urgent, he can write a letter of resignation without doing time off. And the reason for urgency he is not required to specify in the document.

The employer will have to let go or find out the reasons for dismissal without work. Moreover, you must also be prepared for court, if the company does not let the person go, and the court finds the reason for dismissal without time off to be valid. This is examined individually each time.

What are the benefits of termination without time off?

When an employee is fired without serving two weeks, he or she receives the standard benefits to which he or she is entitled when he or she resigns.

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This includes pay for time worked, including the last day of work, compensation for unused vacation days, if any. If the company has mandatory payments and they are included in the Payroll Regulations, the employee must receive them as well. Most often, these are bonuses, bonuses, etc.

What is the quickest and easiest way to quit?

The easiest way to legally resign without doing your time off is if you are retiring or starting school. Then you simply write an application with the desired date of termination. The employer must accept the document and let you go.

The situation is the same in the case of violations of the law. Simply in the application for dismissal you should specify the reason – due to violation of labor rights or the law.

If the situation is serious, but personal and not specified in the law, it is better to talk to the boss about dismissal without working. An honest and open relationship leads to an optimal solution, and surely the manager will let you go.

Yes, you can not negotiate and just take the document to human resources, stating the date of termination. The company can find out the reason from you, but you have the right not to answer, and it is the employee who is in the winning position. However, I can point out that a possible conflict in such a situation is not necessary for either the employer or the employee.

Cover photo: Shutterstock / Tero Vesalainen

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Dismissal at will

Dismissal at will (in other words, at the employee’s own initiative) is one of the most common reasons for terminating an employment contract. The initiative to terminate the employment relationship comes from the employee and does not imply its approval by the employer, because you cannot force a person to work against his will. However, even at resignation at one’s own request, certain rules must be observed.

The procedure of resignation

The procedure of resignation at one’s own request implies, first of all, writing a statement of resignation by the employee. The statement must state the date and reason for the resignation (“at one’s own request”), and must be signed by the employee, indicating the date of the statement.

It is not necessary to specify the reason for resignation in the application. However, if the circumstances require resignation without a period of notice, the reason must be stated, and the personnel department employees may be asked to confirm it with documentation. In other cases, the phrase “please resign on such and such date” is sufficient.

Once the application for termination is submitted to the HR department, an order for termination is issued. Usually uses a standardized form of the order (form number T-8), approved by the State Statistics Committee of 05.01.2004 ¹ 1. The order should refer to clause 3 of part 1 of article 77 of the Labour Code of the Russian Federation and give the details of the employee’s application. The employee must be acquainted with the dismissal order against his signature. If the order cannot be communicated to the dismissed employee (the employee is absent or refuses to read the order), an appropriate record is made on the document.

Terms of dismissal at will

According to the general rule laid down in the Labor Code, an employee must give his employer at least two weeks’ notice of his impending dismissal. This period begins the day after the employer receives the notice of termination.

However, the so-called two-week notice period can be shortened by agreement between the employee and the employer. In addition, the law does not oblige the employee to stay at the workplace during the notice period. You can go on vacation, sick leave, etc., and the notice period will not change.

There are statutory exceptions to the general rule of two weeks’ notice. For example, the notice period is three days for dismissal during the trial period and one month for dismissal of the head of the company.

Self Dismissal Calculation of Dismissal

Payments at resignation at own will, as well as on other grounds, must be made on the day of dismissal, that is, on the last day of work. The calculation at resignation involves payment of all amounts due to the employee: wages, compensation for unused vacations, payments provided by the collective and labor agreement. If the dismissed employee used leave in advance, vacation pay is recalculated and the corresponding amount is withheld from wages in the final calculation.

If an employee is absent from work on the day of dismissal and is unable to receive payment, he/she is entitled to apply for it at any other time. The amount owed must be paid no later than the day following the request.

Dismissal at one’s own request during a vacation

There is nothing forbidden by law to resign during leave. This is only for employer-initiated termination. The employee is entitled to apply for resignation while on leave, or he/she can apply for the period of leave on the date of his/her intended dismissal.

If an employee wants to apply for dismissal while on leave, it is not necessary to recall him/her from leave.

The employee may also resign at his or her own request after using the leave. It should be noted that it is the employer’s right, not the employer’s obligation, to grant leave with subsequent resignation. In the case of granting such leave, the day of dismissal is the last day of the leave. However, for the purposes of settlements with the employee, the last day of work in this case is the day preceding the beginning of the leave. On that day, the employee should be issued a work record book or provide employment history information on Form STD-P, and all necessary payments should be made. This is a kind of exception to the general rule above, confirmed by court practice.

Dismissal at one’s own request while on sick leave

It is possible to resign at one’s own request while on sick leave. The law prohibits such dismissal only at the employer’s initiative.

The employee has the right to apply for resignation during a period of temporary incapacity for work. There can also be a situation where a previously agreed date of dismissal falls on the period of sick leave. In this case, the employer will process the dismissal on the date specified in the notice of termination, provided that the employee has not withdrawn the notice. The employer is not allowed to change the dismissal date himself.

On the last day of work, even if it falls during a period of illness, the employer makes the final payment, issues an order of dismissal, in which he makes a note about the absence of the employee and the impossibility to familiarize him with the order. The employee will come for his/her work record book after he/she recovers or, with his/her consent, it will be sent to him/her by mail. All amounts due to the employee will be paid to him/her no later than the day following the day on which he/she submits the relevant claim. However, the temporary disability allowance will be granted by the employer within 10 days from the day the sick leave is granted and will be paid on the nearest payroll day set by the organization after it is granted.

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