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The reasons for the desire or need to stop working in a particular organization today, any employee can have a lot. However, labor law provides for mandatory completion after writing a letter of resignation. Is it possible not to fulfill this condition and how to quit without fulfilling 2 weeks?
Rules and obligations of employees
The labor code of the Russian Federation states that any employee must notify the employer of his intention to resign at his own request in at least two weeks (14 days). In this case, calendar days are taken into account, regardless of the number of work shifts in them. The indicated period is counted from the day after the submission of the application to the head and familiarization with him. For some categories of employees, the question is: “How to quit without working out the indicated period?” absolutely not relevant. We are talking about employees undergoing a probationary period and specialists working on temporary / seasonal contracts, the total period of which is no 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 management at will or in law?
The employer has the right to dismiss any employee at his request without practicing. This is a real chance for employees of small companies who have the opportunity to communicate with superiors directly. It is enough in an informal atmosphere to express your request, and if the management will meet, you can leave the workplace even the next day after signing the statement. How to quit without working 2 weeks, if you really need to, and 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 will have to be indicated in the statement, as well as (at the request of management) documented. The term of dismissal is indicated by the applicant independently. If the requirement set forth in the application is not satisfied, the employee has the right to file a lawsuit.
Special circumstances for quick dismissal
Students who have entered the educational institution have the right to stop their labor activity. To confirm this fact, you need an appropriate certificate from the university. Also, pensioners quit without working out upon reaching the retirement date. You can leave as you wish as soon as possible even if the employer exceeds his authority, acts illegally or violates labor laws in other ways. When dismissing on this occasion, you must have evidence of violations. These three reasons are listed in article No. 80 of the Labor Code of the Russian Federation, the same article allows the possibility of dismissal within the time required by the employee under other valid circumstances. There is no detailed list of other reasons in the labor code, you should focus on by-laws.
Other reasons for dismissal without practicing
Is it possible to quit without working out if the reasons for this decision are related to the family or another area of the employee’s personal life? The laws of our state allow this possibility, but the employee needs to be prepared for the fact that the need for urgent dismissal will have to be confirmed, as is the case with the main reasons spelled out in the Labor Code. The grounds for termination of the employment contract are the change of the region of permanent residence, as well as the long working trip of the spouse to another country / region with the provision of a place to live for the whole family, the deterioration of health that makes it impossible to stay in this region, or the performance of official duties in the current position. Those who do not know how to quit without working out can help their own children. A pregnant woman or mother of a child under 14 can terminate the contract with the employer at any time. Also, any of the parents can quit without working out, if the family is large (from three children), and all the children have not reached the age of 16, or 18, but provided that the latter are students or students of general educational institutions. The reason for the quick dismissal is the need to care for a sick family member (this requires an appropriate medical prescription) or a disabled person of the first group.
Want to quit? It's time to get sick!
The labor legislation of the Russian Federation does not indicate that an employee must work after a dismissal warning. This is an excellent and, most importantly, absolutely legal loophole. Do you already understand how to quit without working 2 weeks? Everything is simple - it is enough to notify management of their intention on the eve of leaving the sick-list or after its opening. In this case, the employee writes a statement of his own free will and sends it to his superiors. Then he turns to a medical institution and draws up a sick leave. Accordingly, the employee has the right not to go to work due to illness within the time period specified in the certificate of illness. Moreover, exactly two weeks after writing the application, you can require a calculation and a work book in the personnel department.
How to quit without practicing, having a vacation?
Workers who have in stock vacations, upon dismissal, have the right to demand material compensation or to arrange vacations for the remaining two weeks of work. If possible, it is worth coordinating your decision with management in advance. But even without a personal agreement, the authorities have no right not to let the employee go on paid leave or refuse to dismiss immediately after the end of the holiday. If the matter is not in urgency, but in the unwillingness to work, then it is worth choosing a period with a large number of days off for dismissal. For example, those who are on probation, you can quit without working out in three days. It is enough to write a statement on Friday (with the schedule 5/2). And on Monday, after the standard weekend, you can demand the actual dismissal.
Sample Application
The voluntary application for dismissal may take any form. In his "cap" the addressee is indicated - the general director of the company and the full name of the organization itself. Do not forget to indicate the position and name on the bottom line of the “heading”. The application shall indicate his wish (“dismiss at his own request”). If there are special reasons, they should also be indicated along with the desired date of dismissal. Documents confirming the importance of the circumstances must be attached, and an inventory should be made at the bottom of the application itself. If an employee is going to quit work without working out for health reasons, a certificate from a medical institution is attached. In the description it must be called that. For some documents, copies will be sufficient, for example, if these are internal orders of the organization in which the applicant’s spouse is working, on his transfer to another region. The final part of the application is the date of its filing and signature with the transcript of the applicant's passport data.
To sue or accept?
What should I do if an employee knows how to quit without working for 2 weeks and has found a suitable option from acceptable TCs, and the employer insists on working out? This is a violation of labor law, provided that the first did everything correctly and correctly executed documents. The correct decision of an employee whose rights are violated will be to go to court. But you can’t count on a quick trial, most likely, hearing and studying the materials will take several months. So maybe it’s really better to try to agree peacefully with the bosses and work out the time or recommend a specialist with a good resume in his place? There really are several ways to quit quickly, but it is much easier to plan such major changes in your life in advance and quit on general terms.
