How to quit on favorable terms. We formalize the dismissal of an employee during vacation in accordance with all the rules

The legislation does not provide for the option of dismissing an employee on vacation at the initiative of the employer (Article 81 of the Labor Code, Part 6), with the exception of the liquidation of an operating organization or termination of the activities of an individual entrepreneur.

While on vacation, the initiative to quit can come from the employee and he has all the rights to do so. It turns out that if an employer wants to fire an employee who is on vacation, he is obliged to wait for him to return from vacation. The worker himself has the right to resign while on vacation, but the deadline for filing an application must be met.

Notice period

The Labor Code states that when resigning at his own request on a general basis, the employee must notify management about this fact in writing in advance, in this case two weeks before the desired date of departure (Article 80 of the Labor Code, Part 1).

Vacationers need to submit an application 14 days before the end of the vacation (the main thing is that the vacation is more than two weeks, otherwise after it you will have to stay at work until the end of the two-week notice period), during which time the employer must find a replacement for the vacant position.

According to the third part of Article 80 of the Labor Code, employment relationships can be terminated earlier than two weeks, i.e. the date indicated in the application by the employee, if he:

• retires (for the first time);
• enrolls in studies;
• agreed on the date of departure with management;
• when transferring the employee's spouse to work abroad, to another location;
• in case of violation of labor laws by the employer.

Important! To ensure continuity of work, the employer may require the employee to “work” two weeks after the end of the vacation. Such actions on the part of management are unlawful.

We quit while already on vacation

Most likely, vacationers will not have the opportunity to personally bring their resignation letter to the HR department of their own free will. They can send it by registered mail. Then the starting date of the working period (14 days) is considered to be the next day after the employer receives this letter (Article 80 of the Labor Code, Part 1).

The latter is obliged to register the application in the journal of incoming documents and give it an incoming number. The official date of departure is the final day of the 2-week period of service, even if it falls during the vacation period. On this day, the employee is given a work book and full payment is made to him.

Note: The employer does not have the right to recall an employee from vacation on the day of receiving his resignation letter, because at this moment the employee does not fulfill his job duties. Revocation occurs only with the consent of the worker (Article 125 of the Labor Code, Part 2).

Before the end of the work period, an employee on leave can withdraw his application at any time and return to his job. Dismissal in this case will not occur if another employee has not been invited in writing to fill the vacant position and who cannot be refused to conclude an employment contract (Article 80 of the Labor Code, Part 4). During the period of vacation followed by dismissal, you can pick up a resignation letter only before the day of the vacation.

Vacation followed by dismissal

An employee, at his own request, on a general basis, can simultaneously write two applications - one for dismissal, the other for vacation, i.e. You'll get rest followed by care. The employer has the right to refuse to provide an employee with leave with further dismissal; such an obligation is not assigned to him by law.

Rest followed by dismissal can only be obtained as a result of agreements with the manager; the employee’s initiative does not solve anything here.

If the boss has given his permission, then the date of dismissal will be the last day of vacation. Documents are issued and payments are made on the last day worked before going on vacation.

Vacation as an advance

Following the law, employers do not have the right to provide leave of a certain duration in proportion to the time worked. Only after 6 months a worker can use all 28 days of annual paid leave (Article 115 of the Labor Code, Article 122 of the Labor Code).

By agreement with management, the employee has the right to go on vacation before six months have passed since the conclusion of the employment contract (Article 122 of the Labor Code). The following categories of persons can do so upon request:

• those who adopted a child under 3 months of age;
• employees who are under 18 years of age;
• pregnant women before maternity leave, women after it.

Both newly arrived and existing employees fall under these categories, i.e. the employer is not insured against an employee going on vacation who has not yet received the necessary length of service (has not worked for half a year). Part-time employees are provided with annual paid vacation in parallel with vacation from their main job. If a worker in a secondary job has not earned 6 months or more of work experience, then he may be given leave in advance.

Annual paid vacations for the 2nd and subsequent years of service are provided according to the vacation schedule at any time of the year (Article 122 of the Labor Code).

Dismissal at your own request during the vacation period, which was provided in advance, is possible. Simply, excessively used vacation pay will be deducted from the amount of due payments upon dismissal (Article 137 of the Labor Code). Arrears of advance leave are withdrawn from the employee’s salary in the cases described in Article 137 of the Labor Code.

Important! On his own initiative, an employee has the right to terminate an employment contract while on vacation, regardless of what kind of vacation he is on, be it maternity leave or maternity leave.

Paperwork

The basis for going on vacation is a generally accepted order or a sample document independently developed by the company is used. Then they draw up a note-calculation (or arbitrary). An employee, on his own initiative, may submit a letter of resignation before the end of his vacation. If management is okay with this, then:

• the originally created vacation order and settlement note are cancelled;
• a new calculation note and an order for a new vacation are issued;
• An accompanying memo is drawn up.

Despite this, the law does not provide for the need to cancel the original order and create a new one in accordance with the new conditions.

In order for the accountant to have written reasons for recalculating vacation pay, it is better to draw up a new vacation order and, based on it, fill out the calculation note again. It would not be superfluous to create an accompanying memo.

The employee is required to submit a letter of resignation in writing, drawn up in accordance with the internal labor regulations forms. If there is no established template, then the application is written in any form, taking into account the basic rules of office work.

Based on the application, a dismissal order is drawn up, which is handed over to the employee for review and signature.

Cash settlements

Difficulties for the employer arise when excess vacation pay is paid to the employee. The Labor Code limits the situations in which a debt can be collected from an employee. Debt retention is an employer's right, but not an obligation.

In cases where there is nothing to withhold the debt from, they forget about it or sue the debtor employee. Before taking measures to collect overpaid funds from your salary, it is worth familiarizing yourself with the grounds for dismissal, because some of them at the legal level do not give the employer the right to make deductions, namely:

• disappeared unknown, death of an employee or individual employer (Article 83 of the Labor Code);
• an emergency has occurred (war, catastrophe, calamity, etc.) (Article 83 of the Labor Code);
• the employee became professionally unsuitable according to medical conclusion (Article 83 of the Labor Code);
• the court or labor inspectorate reinstated the employee to his previous place or area of ​​work (Article 83 of the Labor Code);
• dismissal due to military or alternative civil service (Article 83 of the Labor Code);
• the owner of the company’s property has changed, this applies to the chief accountant, manager and his deputies (Article 81 of the Labor Code);
• liquidation of an organization’s activities or closure of an individual entrepreneur (Article 81 of the Labor Code);
• companies, individual entrepreneurs (Article 81 of the Labor Code);
• the employee refuses to transfer to a job that suits him according to a medical report, and the employer does not have such a job (Article 77 of the Labor Code).

For other reasons for dismissal not described above, a maximum of 20% of the salary is withdrawn from the debtor for each payment. The object of recovery of salary is taken minus personal income tax.

Compensation payments for unused vacation are calculated similarly to vacation pay. Together with them, the employee is paid a salary for the days worked in the month of dismissal and, if it is provided for in a particular case by labor legislation. Vacation is paid no later than three days before it begins, the basis is a vacation order.

02/25/2019, Sashka Bukashka

The procedure for voluntarily dismissal on sick leave:

1. Take sick leave by calling a doctor.
2. Write a resignation letter at home 2 weeks before the expected date.
3. Send your job application by registered mail with a list of attachments.
4. When you go to work, present your sick leave certificate.
5. On the last day of work you will receive a calculation and documents.

The desire of a sick employee to terminate the employment relationship during illness becomes a significant problem for the employer. Let’s figure out how to fire an employee on sick leave without breaking the law.

First of all, we will determine that dismissal of a sick employee is possible only in two ways: by mutual agreement of the parties or by the subordinate’s own free will (at his own request).

Dismissal during sick leave at your own request

The situation in which a resigning employee falls ill and takes out sick leave is not new. It is a mistake to believe that it is impossible to formalize dismissal on sick days. How to proceed in this case depends on the circumstances.

Option No. 1. The illness occurred during the two weeks of work before dismissal.

Let’s say an employee wrote a letter of resignation in advance, received approval from the manager, continued working, and then fell ill. In such a situation, there is no need to postpone the dismissal date. The employee ceases to be registered in the organization on the day specified in the application or on the last day of the required work (Rostrud Letter No. 1551-6 dated 09/05/2006). Payment for sick leave under such circumstances is made in the usual manner.

Sidorov S.S. wrote a letter of resignation on 01/11/2018 with 14 days of work, the actual date of Sidorov’s dismissal was 01/25/2018.

On the day the application was submitted, the subordinate fell ill. The period of being on sick leave is from 01/11/2018 to 01/31/2018.

In this case, Sidorov does not need to work the two weeks required by law. The official day of dismissal will be considered 01/25/2018, that is, the day specified in the application for dismissal on sick leave at your own request. The sick leave benefit will be paid in the usual manner, namely as if the employee was simply ill and did not decide to quit.

Option No. 2. The employee fell ill, and only then decided to quit.

In such a situation, the subordinate must write a letter of resignation and then submit the document to his organization. The written decision can be delivered in person or sent by registered mail. At the same time, the employee needs to inform the employer about the method of transferring the work book. For example, by mail or through a proxy.

IMPORTANT! A citizen has the right to withdraw his application for dismissal of his own free will during sick leave at any time from the moment of filing the application until the last working day inclusive. But only if the employer at the time of withdrawal of the application did not accept an obligation to hire a new employee.

Procedure: dismissal on sick leave

So, let’s decide what actions need to be taken in order not to violate the current labor laws. A step-by-step algorithm for how dismissal occurs on sick leave.

Step #1. Regardless of the state of health (the employee is on sick leave or not), we draw up a written resignation letter. The document can be prepared in any form, since officials have not approved a unified form. However, please provide the required contact details:

1. Name of the employing organization, position and full name. the manager in whose name the document is drawn up.
2. FULL NAME. and the position of the employee himself who decided to resign.
3. The name of the document, in our case “application”. Enter the name in the middle of the new line.
4. We indicate the fact of the appeal itself - a request for dismissal. For example, I ask you to dismiss an employee on the initiative of the 10th.
5. Be sure to include the date of the resignation letter. Confirm the application with your own signature.

Step #2. Please forward your request to management or their representative. For example, submit your resignation letter to the secretariat. The document can be delivered in person, by mail or through an authorized representative.

Advice. In controversial situations with the administration of the organization, we recommend preparing an application in two copies. It is acceptable to make a photocopy of the original. Leave the original application itself with the employer or the secretary, and on the copy (second copy) ask for a receipt stamp (date of receipt, position, full name and signature of the person who received the document).

A form with a mark of receipt will eliminate disputes in matters of dismissal at will.

Step #3. Complete your sick leave correctly. If a specialist becomes ill during the two-week period before dismissal, he or she must go to a medical facility. When receiving a sick leave certificate in your hands, check whether the official document is filled out correctly. Pay special attention to:

• your last name;
• name of company;
• availability of signatures and seals of the medical institution;
• terms of sick leave.

Hand over the sick leave certificate to the company’s accounting department, secretary, or personally to the employer.

Step #4. Read the order and the entries in the work book. Regardless of when the sick leave was closed, the resigned employee will have to sign the dismissal order and pick up the work record. Check whether the documents are drawn up correctly.

Step #5. Get a quote. Let us remind you that the employer is obliged to make final payments on the day of dismissal, with the exception of sick leave benefits. This money must be paid only after submitting a certificate of incapacity for work to the accounting department.

For example, an employee resigned of his own free will on November 15, and the sick leave was closed only on November 26 of the same year. Consequently, the employer was obliged to pay wages and compensation for unused vacation on the 15th, and benefits upon submission of the document to the accounting department, for example, with the next payment of wages (advance payment for December).

Dismissal by agreement of the parties during sick leave

Termination of an employment contract by mutual consent of the parties during the illness of a subordinate is a legal procedure, since it is possible at any time, regardless of the circumstances ().

In addition to paying wages, compensation for missed vacation and temporary disability benefits, the employee may be paid severance pay. The amount and procedure for calculating severance pay must be set out in the organization’s wage regulations or in a separate local act of the company.

Let us remind you that for some positions there are restrictions on the amount of severance pay (). These positions include managers and their deputies, as well as chief accountants.

Dismissal of an employee on sick leave at the initiative of the employer

First of all, we will determine that it is impossible to terminate an open-ended employment contract on the initiative of the employer during the period of sick leave of a subordinate. This is a direct violation of Art. 81 of the Labor Code of the Russian Federation. If the employer nevertheless committed an unlawful act, the employee should immediately contact the labor inspectorate.

Under such circumstances, the employer will simply be forced to reinstate a specialist who was fired illegally. Moreover, in addition to reinstatement to his position, the employee must be paid compensation - the average salary for the period of forced absences.

According to the law, this sick leave must be. It is legal to fire someone on sick leave only if the contract is fixed-term, that is, it has a specific validity period.

In such a situation, the employer must notify the employee on sick leave of the termination of the contract, that is, of his dismissal. Moreover, this must be done three days before the end of the deadline (). For example, send a notification by mail. Then an entry is made in the work book. The date of dismissal is the expiration date of a fixed-term employment contract.

Also, termination of an employment contract with an employee on sick leave is legal due to the complete liquidation of the company.

There are several ways to terminate your employment relationship with your employer. You can familiarize yourself with them in the Labor Code of the Russian Federation. Labor legislation in most cases is aimed at protecting the rights of workers, not employers. In this regard, the possibility of dismissal during vacation at one's own request is allowed.

As we have already said, the possibility of dismissal at your own request while on vacation is enshrined in law, but before starting dismissal, you need to familiarize yourself with the procedure itself and the nuances that will arise in the process of terminating an employment contract with the employer. The most important nuances are:

• No need to interrupt vacation to quit work;
• Compliance with the deadlines for filing an application, which are provided for by the legislation of the Russian Federation.

Let's consider each of the described points in more detail.

When an employee is serving the required vacation and the need arises to change jobs, there is no need to interrupt the vacation. The employer is obliged to accept the resignation letter and submit it to the HR department for consideration.. To ensure that the review does not take a lot of time and that the requirements for drawing up the application are not refused, you should approach it very carefully. There are a large number of examples of such statements specifically for this purpose. In this article, we will definitely look at a sample resignation letter during voluntary leave, and also talk about what information should be reflected in it.

It should be said that the resignation letter does not have to be submitted in person. You can use postal services and send all the necessary documents by registered mail with a list of attachments.

If the dismissed employee is sure that he will not be able to pick up the work book and other documents in person, then this must be reflected in the documents sent. In this case, all documents will be sent to the address indicated by the employee.

Now let's talk about the mandatory compliance with the deadlines for filing a resignation letter. If we turn to labor legislation, we can find out that the employee is obliged to notify the employer of the desire to terminate employment obligations in advance, and to be more precise, 2 weeks before dismissal.

There is a certain nuance when an employee is on vacation. It lies in the fact that if the employee is on vacation for at least another 2 weeks from the moment the employer notifies the employer of his desire, then the period cannot be increased. Thus, the employee is not obliged to appear at his workplace if he has submitted a letter of resignation, and there are still more than two weeks before the end of his vacation.

In all other cases, you will need to work out the stipulated period, but in most cases, employers will accommodate you and allow you not to work out the stipulated period. This can be useful in cases where a new job has already been found. In this case, a good relationship with the employer can play into your hands.

Dismissal procedure Now let's talk about the procedure for terminating an employment relationship with an employer while on vacation.

• The dismissal process in this case consists of the following stages:
• Drawing up an application in the prescribed form;
• Formation and publication of a document according to which the employee is considered dismissed. In most organizations, an order is drawn up under a certain number;
• Full settlement with the dismissed employee;

Receipt of all necessary documents.

Particular attention should be paid to the process of receiving payments. Some unscrupulous employers may fail to pay the required amount of money. To prevent this from happening, you again need to refer to the labor code, which reflects all the payments due to the dismissed employee.

The HR department is responsible for documenting the termination of the employment contract. They are the ones who formulate the order and indicate the reason for dismissal. It is the employer's responsibility to inform the employee of the order. After review, the employee is required to sign, which confirms the correct formulation of the reason for dismissal, but in our case, the employer is not obliged to send an order, and dismissal occurs without the personal participation of the employee. In this regard, employers may indicate a certain article as a reason for dismissal, with which finding a new place may be problematic.

If the employer has been sent an application with a request to dismiss an employee on his personal initiative, and the work record book indicates a violation of labor discipline (for example, absenteeism) as a reason, then you should immediately contact the judicial authorities with a demand to hold the employer accountable. The delay in issuing documents is also a violation of the labor legislation of the Russian Federation.

Sample application

Drawing up a resignation letter is the simplest step. At the moment, you can find a large number of samples of resignation letters during voluntary leave. We will tell you what information must be included in the application without fail, but before that we must say that the document being drawn up can be written by hand or compiled on a computer. When forming it, you must adhere to the rules of business writing, and also avoid obscene language and insults. If the document does not meet the described requirements, then it will most likely be rejected.

As we have already said, the application must contain certain information, and the document itself can be divided into 3 parts:

• Preamble;
• Main part;
• Conclusion.

Each of these parts has its own design, which can be seen in the sample, and must also contain the necessary information. Let's look at each of the parts in more detail:

• Preamble. It is an introduction and is located in the upper right corner. This part indicates the full name of the organization. You also need to indicate the details of the person to whom the document is sent. The supervisor is responsible for reviewing and satisfying such applications, so the application must be addressed to the immediate supervisor;
• Main part. This part includes wording informing management of the desire to terminate the employment contract at their own request. The employee has the right to indicate the reason for dismissal, but this is not mandatory information. Next, you should indicate the date of dismissal and when indicating it, you should remember that you need to notify the employer of dismissal at least two weeks in advance;
• Conclusion. Includes the applicant's signature and the date the document was drawn up.

Since in our case the employee is on vacation, the application must be sent by registered mail with subsequent notification of delivery and receipt.

Sending by registered mail is due to the fact that some employers may throw away the documents received, and it will be impossible to prove the fact of unlawful actions on the part of the employer without evidence.

Working off

Working out a two-week period upon termination of an employment contract is at the discretion of the employer.

There are several ways to avoid it, and dismissal during vacation is the most convenient option.

If you can’t take a vacation at a convenient time, you can try to negotiate with the employer. The need to work off is reflected in the Labor Code of the Russian Federation, but the employer has every right to dismiss an employee in one day. If you have a good relationship with your superiors, you can ask for documents to be completed as soon as possible, and in most cases, the superiors will accommodate their employees halfway.

All employees have not only responsibilities, but also rights, the observance of which is guaranteed by the Labor Code of the Russian Federation. One of these rights is that, at will, the employer cannot fire an employee during his vacation (Article 81 of the Labor Code of the Russian Federation). But the employee, in turn, has the right to dismissal during vacation at his own request, even if he did not manage to use all the days of his rest! In this case, the employment contract along with employment obligations are legally terminated. But is it possible to quit during vacation without working? Should the employer then recalculate vacation pay? How do you formalize your dismissal while on vacation? Let's figure it out.

According to Part 1 of Article 80 of the Labor Code of the Russian Federation, an employee who wants to resign should communicate his desire and state his request in writing. An employee can write a resignation letter at any time during vacation, but no later than 2 working weeks in advance. This is necessary so that the manager can find a replacement for the resigning employee. The next day after the employer receives written notice of dismissal, the 2 weeks of work required by the Labor Code of the Russian Federation will begin to count.

If the application was sent in the form of a registered letter by mail, then as many days will be added to the last day worked as it took to deliver the application by mail. The boss, having received the application, must enter it as an incoming document with a number in a special journal.

In general, the employee must notify the employer of his dismissal no later than 2 weeks, which will be counted from the day following the day the employer receives the application (Article 80 of the Labor Code of the Russian Federation). Accordingly, if an employee sends an application by mail, then when determining his last working day, additional days spent on mailing will be added to the work period.

How does the dismissal process work?

If, while on legal vacation, an employee writes a letter of resignation, then he may not have to work two working weeks, since they may fall during his vacation period. The boss does not need to wait until the employee’s rest days are over. He will be obliged to fire him on the last day of the two weeks worked.

It is possible to resign during vacation of your own free will without working off. Moreover: while on vacation, the employee may not show up for work on the last day of work. The employer is obliged to issue a dismissal order within the prescribed period. In this case, there is no need to recalculate vacation pay already paid.

After the expiration of the two-week period, an order is drawn up to terminate further cooperation, a corresponding entry is made in the work book, and all funds earned by the person are transferred (vacation pay, unpaid salaries, bonuses, etc.). Payments must be made in the same way as before - in cash or by card (Article 84, paragraph 1 of the Labor Code of the Russian Federation).

To give a former employee his work book, the employer needs to contact him and inform him that all documents have been prepared. You just need to pick them up, and not necessarily on the day of dismissal, but when the employee himself is able to do so (possibly the next day after the end of his vacation).

How to quit while on vacation: options

There are two ways to quit while on vacation:

1. When applying for leave, provide a letter of resignation on your own initiative.
2. While on vacation, submit your resignation letter.

When, in the first case, the boss finds out about the employee’s departure, he has the right to deny him the opportunity to go on vacation. The law will be on the side of the organization’s management, since the boss has the right to allow or, conversely, not to allow the employee to go on vacation (especially if the employee goes on vacation not according to the vacation schedule).

In the second case, when applying for resignation during vacation, it is worth remembering that the employee is under the terms of the employment contract until the very last day of vacation. And if there are less than two weeks left until the end of the vacation, and the employee decides to quit, then after the end of the vacation, he should go back to work for such a number of days as to fully cover the two-week period.

Other cases of dismissal without work

The Labor Code of the Russian Federation provides for the possibility of resigning without two weeks of service (Part 3, Article 80 of the Labor Code of the Russian Federation). But this is only in exceptional cases. For example, a person retires, goes to study at a higher educational institution, or due to health or family circumstances he can no longer go to work. The employer, in this situation, cannot retain the employee. The contract must be terminated, and the employee is released from labor obligations from the period from which he indicated in the application.

Conclusion: Is it possible to fire someone while on vacation? Only at the request of the manager - no! At the initiative of the employee or by mutual agreement of the two parties - yes! You must submit your application at least 2 weeks in advance + 2 weeks of work. But if in the next two weeks after receiving the application from the employee he is still on vacation, then he will need to be dismissed without working off.

Can they be fired during vacation: various situations

There are several situations in which a boss can fire an employee while he is on vacation:

• during vacation, the organization where the employee worked ceased to exist (collapsed or went bankrupt). When a business breaks up, employees must be notified in advance that the entire staff will be laid off;
• the initiative and desire to resign comes from the employee himself (we have already described this situation in detail above);
• dismissal during vacation by agreement of the parties. In this case, a bilateral agreement between the management and the employee is filled out in duplicate - one remains with the employer, the other with the resigned employee. It indicates the request for dismissal and the date from which the person no longer works in the organization.

One of the simplest and most accessible ways to resign is to write a statement of your own free will. But you should remember that you will need to work for two whole weeks. However, there are several completely legal ways to avoid detention.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Is it possible

The legislation in force in the Russian Federation allows you to terminate an employment contract between an officially employed employee and his employer in various ways.

The most commonly used today is voluntary dismissal. This procedure for terminating an employment relationship is the simplest and fastest; it is as convenient as possible for the organization and the employee. It has a large number of different advantages.

The issue of voluntary dismissal is discussed in as much detail as possible in the Labor Code of the Russian Federation dated December 30, 2001, as amended by the law, in “Termination of an employment contract at the initiative of the employee.”

The only drawback of this method of terminating an employment contract is the need to notify your employer at least 14 days in advance.

At the same time, the employee is obliged to fulfill his official duties throughout this period. But there are ways to avoid this.

For example, this is voluntary dismissal during sick leave - without processing this can be done quite simply.

The two-week period includes sick leave and vacation. Thus, you can simply not attend detention, providing your employer with only sick leave in the future.

Also, without two weeks of work, one day, an employee has the right to resign in the following cases:

• if the employer violates labor laws;
• on the basis of non-payment of wages - in accordance with the Labor Code of the Russian Federation.

Dismissal without service is allowed if something happens to the employee’s child, as well as to any of his close relatives.

But this is only possible with agreement with the employer. If an agreement in such a situation is not reached, the employee has every right to go to court.

Practice shows that in most cases, it is individuals who win such cases.

By agreement with the employer, you can quit without any serious reason if he decides to make concessions to his employee.

Rules for dismissal at will without work

There are many nuances associated with voluntary dismissal without work. Both the employer and the employee themselves need to know them.

Since violation of the dismissal procedure gives the former employee the opportunity to go to court and demand payment of compensation.

The most important nuances of voluntary dismissal without work are the following:

• the employee is obliged to notify of dismissal in writing;
• an application requesting termination of an employment contract can be withdrawn by the employee himself at any time;
• even if the employer refuses to dismiss the employee, he has the right to stop working after 2 weeks from the date of the written warning.

On the last working day, the employer is obliged to:

• issue the employee with a work book with the corresponding entry made in it;
• calculate and pay the remaining wages.

The person resigning must necessarily check the wording in the work book. There must be a reference to Article No. 80 of the Labor Code of the Russian Federation.

If the entry is different, then this is a serious violation and the employee has the right to go to court.

Upon dismissal, the last date for transferring debts to former employees is the day following the date of dismissal. If for some reason the employer does not transfer the funds on time, a penalty will be charged.

Payments must include compensation for vacation, as well as bonuses and other funds that the employer is obliged to pay to its employee.

Moreover, all income is subject to personal income tax. Moreover, this fee must be paid to the budget by the enterprise itself, but not by the employee.

What could be the reasons

The list of reasons why you can resign of your own free will and not work for two weeks is quite limited in the law.

But at the same time, there are factors in the presence of which it is advisable for the employer to terminate the employment contract at the request of the employee as soon as possible.

This list includes the following:

• employee illness;
• presence of disability of any group;
• upon retirement or if the employee has already reached retirement age;
• there was a need to care for a seriously ill relative;
• admission to a higher educational institution;
• relocation of the employee or his spouse to another city;
• need to care for a disabled minor.

Most of the reasons mentioned above are not reflected in any way in the Labor Code or the laws of the Russian Federation.

But if one of the above factors was identified as an explanation for the need to fire an employee without working, then you should not insist on the opposite. Since in this case the employee can go to court and, most likely, will win it.

To be dismissed without work, the employee himself must remember that he will need to provide documents at the place of work confirming the existence of difficult circumstances.

These may be certificates from medical institutions, IDs of a pensioner or a disabled person, etc. It must be remembered that forgery of documents is punishable by the legislation in force on the territory of the Russian Federation, the corresponding article of the criminal code.

Procedure

The procedure for voluntary dismissal is quite simple; it is implemented in the following order:

• the employee writes a statement asking to terminate the employment contract;
• The personnel service is obliged to formulate an appropriate order of the type;
• the employee must be familiar with the text of the order against signature;
• on the day of dismissal or the next day, the salary for the position is transferred, and a work book is also issued.

If for some reason the employee is not able to pick up the work permit himself, then the employer can send it by registered mail with a list of attachments.

To do this, the person resigning must make the appropriate note in his application.

Even if the dismissal is carried out after a vacation, the procedure for this legally important action remains the same and does not change.

It is important to remember that if for some reason an employee is not able to write a letter of resignation in person and deliver it to the place of employment, as well as all the documents necessary for this, then this can always be done by mail.

To dismiss an employee, it is advisable for personnel to use the T-8 form. It was approved by a resolution of the State Statistics Committee dated January 5, 2004.

At the same time, the order itself must necessarily contain a reference to the article of the Labor Code on the basis of which the dismissal was initiated.

In the case under consideration - the Labor Code of the Russian Federation. It is also required to indicate the details of the employee himself, as well as the reason for dismissal.

If for some reason it is not possible to familiarize the employee with the text of the order, then a corresponding entry is made on the document.

It is important to remember: when dismissing without service, the employer has the right to demand an explanation from his employee. Whereas with the standard dismissal procedure, with working off, the enterprise does not have such a right.

Often employees use vacation in advance. In this case, it must be remembered that the employer has the right to withhold a certain amount.

But at the same time, its value cannot exceed 20% of wages. Moreover, in some cases, retention is not only impossible, but illegal. A complete list of such situations is indicated in the Labor Code of the Russian Federation.

But at the same time, it should be remembered that in order to be retained upon dismissal without service, the consent of the employee himself is required.

In its absence, the employer simply cannot perform such actions. His solution may be to go to court.

But such litigation is not always economically justified. Therefore, in some cases, employers simply “forget” about the employee’s debt. This is only possible if the amount is small.

How to write an application

It is necessary that the written application must meet certain criteria. At the same time, there is no strictly established form.

This document must contain the following information:

• last name, first name and patronymic:
  • manager;
  • HR employee;
  • the employee himself;
• employee signature;
• date of dismissal and submission of the application itself.

The text of the application should formulate as briefly and accurately as possible the request for dismissal with references to the legislation, making it possible to terminate the employment contract without working off. The reason for dismissal should also be stated.

If for some reason the employee is not at odds with management, he should mark the acceptance of this application in the HR department, or simply send it by mail.

Since there are often cases when such documents are simply sent to the trash bin. A mark of acceptance or sending by mail makes such an action simply impossible; the employer will be obliged to accept the application from his employee.

Dismissal of a disabled person

It is important to remember that the presence of a disability in itself is not grounds for dismissal without service.

The procedure for terminating an employment contract with disabled people is similar to this procedure carried out with completely healthy people - according to Article No. 80 of the Labor Code of the Russian Federation.

The only case when a contract can be terminated without work is if the employee provides documentary evidence that the work cannot be continued by him for any serious reasons.

This may be a complication of a disease due to which a disability is assigned or something else. In all other cases, an employee, even one with a disability of group III or II, is required to work for 2 weeks - at the request of his employer.

In the absence of serious reasons, a disabled person may resign earlier than 14 days from the date of writing the application only with the consent of the management.

This point is fixed at the legislative level. The situation is similar with dismissal of one's own free will without working a part-time job.

Due to the move

According to the law, relocation is one of the fairly serious reasons on the basis of which an employee can write a letter of resignation without work.

But at the same time, the employer is not obliged to provide his employee with the opportunity to resign before the expiration of the two-week period - this is his right.

There can be only two alternatives:

• find a compromise with your superiors;
• sue.

Moreover, the trial in this case sometimes takes much longer than 2 weeks.

Also, such events involve not only a waste of time, but also money. That is why, if the employer refuses to fire his employee without working time, the easiest way is to postpone the move.

An exception is a change of place of residence for some serious reason - illness, death of close relatives or something similar.

In this case, the employer should avoid refusing to dismiss without working off. Because otherwise, the employee may file a lawsuit demanding compensation for moral and material damage.