If you don’t want to work, how to quit correctly. How to fire for gross violation. How to quit your job without working time - step-by-step instructions

16.04.2019

How to decide to quit your job

Deciding to quit is a difficult step, no matter how problematic your current job may be. To make this decision easier for yourself, you can do the following:

  1. Try the old proven method: write down all the existing pros and, most importantly, cons of your current job. Sometimes you just need to see these arguments on paper - and your determination to act will immediately increase.
  2. Look into the future, try to imagine yourself in this enterprise in five years. Answer the question honestly: what can I achieve in five years given the current state of affairs? Introduced? Are you ready to spend five years of your life to get this picture? If not, it's time to change the situation right now.
  3. Study the labor market. You can simply monitor vacancies, or you can leave a resume and go to several interviews. Without a backup option, it's difficult to leave. Even an extremely problematic but stable job may seem better than the unknown. And things are completely different when you are already expected in another company.

How to quit your job correctly

So, you have decided to change your job. Time to act. There are two different mechanisms for dismissal: by at will employee or by agreement of the parties. The procedure is different in each case, but it always begins the same way: with the employee writing a letter of resignation. It is written in free form and strictly by hand.

Based on this, management issues an order to dismiss the employee. The completion date of the work is also specified in the order.

The company must make the final payment within the last working day. At the same time, the employee is given his work book.

This is a general algorithm for how to competently quit your job. In particular cases there are some small subtleties.

How to quit your job voluntarily

“Dismissal of one’s own free will” is a fairly common wording in applications. Key Feature this form of interruption employment contract with mandatory notification to management two working weeks in advance. These two weeks begin from the day following the day of ACCEPTANCE of the application. Be careful, as this wording allows management to keep you at work without accepting your application. In such a situation, the application must be registered with the secretary. It is also permissible to send it by mail, registered mail with notification. This gives you documentary evidence that your application was accepted by your superiors, and no one will be able to keep you at work longer than required.

The general procedure for this type of dismissal is as follows:

  • Writing an application
  • Work for the required two weeks (or a shorter period by agreement with the manager)
  • Issue of an order indicating the date of dismissal of the employee
  • Receipt of all payments due and return to the employee of his work book upon termination of his employment

How to quit your job by agreement of the parties

The peculiarity of this dismissal option is the ability to stop working at any time, which suits both you and the employer.

The procedure itself looks like this:

  • Writing an application (in the text we indicate the desired date of dismissal and state that we propose to act in accordance with Article 77 of the Labor Code of the Russian Federation, it is this that regulates the dismissal option we are interested in)
  • Drawing up an agreement on termination of the employment contract (the date of dismissal, payments, bonuses, if any, etc. are stated here)
  • Issue of dismissal order

This type of dismissal has a number of advantages, in particular, it allows you to save continuous experience work within a calendar month, and also guarantees larger size payments if the employee joins the labor exchange.

How to quickly quit your job

Sometimes a two-week “work-out” becomes a stumbling block. Things are especially difficult if the atmosphere in the team is unfavorable. It is not surprising that a resigning employee strives to speed up the dismissal process as much as possible.

Fortunately, the notorious two weeks are not always mandatory. By law, you have the right to notify management in just three days, provided that you:

  • Seasonal worker
  • Employee on a fixed-term contract
  • On probation

You also have the right to resign on the same day if:

  • retirement
  • admission to university and the need to start studying
  • conscription into the army

In addition, moving, caring for a sick relative, as well as a deterioration in your health can also cause urgent dismissal.

If the employer violates the rules labor legislation, you also have the right to resign immediately.

Is management delaying wages or not paying them in full? You can safely quit at any time.

And, of course, you can negotiate the terms of dismissal with management, in case of dismissal by so-called consent of the parties.

If none of the above points apply to you, and working for two weeks in a team seems unbearable, there is always the last option: go on vacation or take sick leave. You must understand that labor laws only oblige you to notify management two weeks before dismissal. Norms for any kind of work are not specified in the law.

How to quit your job remotely

There are situations when it is not possible to come to management to sign the dismissal in person. In such cases, it is permissible to resign remotely. The procedure is generally identical to the standard dismissal process, with the exception of a few points:

  • You must have the signature on the application certified by a notary.
  • The application must be sent by mail, always by registered mail with notification.
  • In response, the employee is sent a stamped copy of the dismissal order by registered mail, and a note indicating that the letter was sent is included in the original order.
  • In case of remote dismissal, the work book is also sent to the employee by mail.

How to profitably quit your job

If you no longer want to continue working in your current position, there is no point in delaying your resignation. But excessive haste will also not do you any good, because it is important not to forget about your own benefit.
When resigning, you must take into account the specifics of work in each specific organization. These subtleties will help you understand how best to quit your job. For example, you should not quit on the eve of the holiday season if you are an employee in the tourism sector, because it is at this time that earnings are highest. In addition, calculate when you will be entitled to additional bonuses and bonuses. Wait until you receive them before leaving.

You shouldn’t quit “for nothing”: the “downtime” time will be recorded in your work book and may raise questions from potential employers.

And, of course, you shouldn’t quit if the company you work for pays for your education. This can lead to serious fines.

How to quit your job without a scandal

Finally, I would like to talk about dismissal from a purely human point of view. After all, it is important not only to quit your job correctly according to the law, but also to know how to do it without quarrels and scandals. Of course, dismissal in itself is not a pleasant process. But it is important to save face in any situation and know how to leave the company with dignity.

Remember, your boss should be the first person in the company to know about your dismissal. If rumors about this reach him through third parties, there may not be a scandal. So don’t be secretive with your colleagues, and if you leave your resume on job sites, you shouldn’t indicate your last name and current position there.

If you borrow leadership position, it is better to warn your superiors about your intention to leave at least a month in advance. You must have time to hand over, and your management must have time to prepare your replacement.

It will be good if you yourself propose several candidates for your place and assist in their preparation in every possible way.

The last two working weeks before dismissal are not vacation, not holidays, not rest before new job. These are full-time working days, and therefore you should not come to work later than usual or, conversely, leave earlier. Treat your work with the same responsibility, show yourself as a professional.

No matter how difficult life in this team may be, try to leave good memories of yourself with both your colleagues and your superiors. Life is unpredictable and you may still need help former colleagues. Additionally, your future employer can always contact your current boss and ask for feedback on your performance. Remember this and don't slam the door before leaving.

According to Russian labor legislation, an employee who decides to quit is obliged to work the required two weeks. But is it possible to quit earlier? This rule has exceptions, so in certain cases, and you can leave the organization immediately after submitting your application.

By law, a person who decides to leave a job of his own free will must notify the manager of his decision to quit 14 days in advance. This term is called working off.

The legislation also regulates other deadlines for dismissal. This may be in cases where a layoff procedure has been announced at the enterprise, the employee is warned about this two months in advance.

The maximum period during which an employee must perform his duties (two weeks) can be reduced if he was initially accepted by the manager on special conditions. They should be written about in . So, they conclude special conditions in the following:

  • According to, the employee was hired as part of a probationary period.
  • The person is registered to perform seasonal work. If the manager decides to dismiss the employee, then he must be informed seven days before issuing the order.
  • The agreement was drawn up within the framework of Art. 292 TK Russian Federation, and its period does not exceed 2 months.

While complying with the required terms, the employee must also fulfill his obligations related to leaving at his own request:

  • The manager is notified in writing. The application is written 14 days before leaving, and in some cases - on the same day. Therefore, the timing may be different, it all depends on the circumstances.
  • The employee is required to receive a calculation and document on work activity.
  • Receipt.
  • Receiving severance pay. This type of payment is usually provided for in a collective agreement.

When processing is not necessary

Is it possible to be fired without working? There are times when an employee is allowed to quit on the same day as he submits his application. In this case, the terms of the contract are not violated, and the employee does not deprive himself of the payments due to him. But if there is no reason not to work 14 days, then you can ask your boss and spend the rest of the time at home.

This method is not without its drawbacks, including the following:

  • the employee is not entitled to compensation for unused vacation, since he uses it;
  • dismissal date - in two weeks;
  • The boss may not allow the resigning employee to go on vacation during this time; the legislation gives the right to decide such an issue to the management.

You can bypass such a formality as working off if you have one. If the person resigning has documentary evidence of a violation of his rights by management, then he also may not work for 2 weeks.

Art. 81 of the Labor Code of the Russian Federation provides for cases when an employee does not need to work 2 weeks after submitting an application. Let's call them:

  • retirement;
  • enrollment in a full-time department of a higher educational institution, and therefore it is impossible to further extend work activity;
  • violations of the law by the employee;
  • other cases.

Other cases include the following situations:

  • new job in another city;
  • the second spouse moves to work outside the country;
  • caring for a child until he reaches the age of 14, a child with physical or mental disabilities or a sick person;
  • care adopted child up to 14 years old;
  • pregnancy.

Is it possible to quit in one day?

How to quit in one day? Dismissal in one day is possible, but this practice is rare. More often, those employees who are simply unreliable and have a record of repeated violations of their employment contracts are quickly released.

There are also official reasons for leaving on the day of application, these are listed in labor code. Some organizations in their collective agreements provide additional reasons for quitting one day.

If the circumstances for which a person would like to urgently leave work without working off work do not fit any of paragraph 81 of Article of the Labor Code of the Russian Federation, then the local acts of the organization in which he works can be reviewed. There may be additional reasons that can be cited.

It should be understood that it is not always possible to receive a settlement so quickly and immediately after notifying your superiors of your decision. Due to certain circumstances, the company's management may need several days.

Registration procedure

The procedure for dismissal without working the required two weeks is no different from the standard process. Except that everything is happening faster. The order of registration looks like this:

  • submitting a written resignation letter to the management of the enterprise;
  • issuance of a dismissal order;
  • settlement with the employee and transfer of all documents to him.

If the dismissal order is issued on the day the application is written, then sometimes you will have to wait for the issuance of documents and receipt of payment. However, the employer must make the payment no later than next day after the employee's dismissal.

Submitting an application

To quit your job, you must submit a notice to management. The document should reflect the fact that the employee wants to quit within 1 day. Besides this, this fact requires documentary evidence.

An application for dismissal of an employee must contain the following information:

  • the position and name of the person who has the right to register these applications;
  • name of the enterprise;
  • position and name of the initiator of this document;
  • Name structural unit, in which the employee who is leaving works;
  • in the application itself it is necessary to state a request to be dismissed from work;
  • the employee indicates that he wants to receive payment without working off;
  • reasons for this desire;
  • a list of papers that must be attached to the application, among which, in particular, there should be papers confirming the need for urgent dismissal;
  • when the whole process occurs with the agreement of the parties, then it is necessary to indicate their details;
  • At the end of the sheet the date, signature and initials of the applicant are affixed.

The application is signed and submitted to the personnel department of the organization or directly to the management of the enterprise. When a document is accepted, an incoming number is stamped on it.

Issuing an order

Filling out a dismissal order is not much different from the standard T-8 form. The only peculiarity of such an order is that the date of its issuance and the date of dismissal may coincide or differ by a day. The details and execution of the order are identical to other forms.

The order signed by the director is submitted to the accounting department for all accruals. The employee must also familiarize himself with the order of his dismissal and sign, which will mean consent to enter such information.

Recording in labor

It doesn’t matter whether the employee works the required 2 weeks or is fired in one day, the entry in the work book will be the same. The article on the basis of which the dismissal was made is entered in the book. An explanation is also written in it.

The entry in the work book and the entry in the order regarding the employee must correspond to each other. They cannot be different. In addition to the entry on the page, the following must be present:

  • date of dismissal;
  • signature of the HR employee who made the entry in work book;
  • company seal.

Employee payments

Payments, due to the employee upon dismissal with service, they are identical to those issued upon dismissal without service. Basic compensation consists of money paid for unused vacation. But provided that there is an unused part of it.

Some companies pay extra money to pregnant women and pensioners. You can find out whether there are such payments or not by reading the collective agreement or this may be indicated in the employment contract.

Additional payments are received by employees who leave old place work by agreement of the parties. To do this, you need to record in the document the exact amount of payments due to the employee.

Thus, you can resign at your own request in one day. But this requires certain circumstances provided for by law. If they are confirmed, the employer is obliged to dismiss the employee on the day the application is submitted.

You might be interested

You have received an attractive job offer and have firmly decided to quit your current job. It would seem that it’s a small matter: inform your boss about this, write a letter of resignation, receive a payment - and hello, new life! But for some reason, your feet keep carrying you past the manager’s office, you put off a difficult conversation, feel awkward in front of your colleagues...

How to quit your job with minimal losses for your career and nervous system? Before you take the plunge, check out the guidelines.

Leave beautifully
This situation is familiar to many: the new employer is already preparing for you workplace, and the current one is not yet aware that the launch of a new project and corporate celebration will take place without your participation. When and how to inform your manager about upcoming changes?

The first rule of competent dismissal is not to burn bridges. Try to save good relationship with colleagues and boss. Often a wide professional circle turns out to be narrow in reality, and it is likely that you will still meet with former colleagues and your manager. This is especially true for small cities.

A difficult conversation with your boss needs to be had face to face. If your office is an open space, then it is better to go to the meeting room: for the time being, colleagues should not know about your plans. How the conversation with the manager goes depends on many things: the work situation, your personal relationships, the situation in the team, etc.

Of course, it is better to talk about the reasons for leaving as sincerely as possible. However, no matter how much you would like to, do not tell your boss that you are not delighted with his team management style, the work seems boring to you, and the salary is small. Diplomacy is a great thing: with its help you can maintain good relations even in a very difficult situation. Explain that you received an interesting offer - a more serious position, a higher salary. Perhaps your family situation has changed and you can no longer travel to the office on the other side of town. Or maybe you are tired of constant overtime and feel emotionally burnt out. These kinds of reasons need to be told honestly, but at the same time delicately. Don’t forget to add that you are very sorry to leave the team, but you are grateful for the experience gained while working in the company.

An adequate leader will understand your motives, but be mentally prepared for a counterproposal. A salary increase, a new position, an unscheduled vacation or an interesting business trip - to retain a valuable employee. It's up to you to decide whether to leave or stay on new terms. The main thing is that the manager does not consider that you are manipulating him for the purpose of promotion in position or salary.

Warn in advance
obliges the employee to give notice of his voluntary dismissal 14 days in advance, however, by agreement with the employer, this period can be reduced. But do you need it? On the contrary, for the sake of maintaining relations with superiors and obtaining good recommendations, perhaps it is worth talking earlier, for example, not two, but three weeks before dismissal. This way, you will give the company more time to find a new employee and finish things off calmly. Your new employer will most likely understand your desire to finish what you started in your old place. In addition, you will show yourself as a responsible person.

Regardless of whether you have the opportunity to warn your manager about leaving early or not, try to make the transition period easier for the company - the time when you will no longer be at the workplace, and new employee won't get into the swing of things yet. If possible, complete current projects, deliver on time, and leave key contacts with the new employee. In short, make life easier for your successor.

The last two weeks of work should not be perceived as something similar to a vacation - on the contrary, it is a kind of summing up. Arrive on time, do not try to leave work early, because the last fourteen days are paid by the employer in the same way as all the previous ones.

Keep traditions
On the last working day, you not only need to pick up your work book, but also say goodbye to your team. Send an email to your colleagues, thanking them for their cooperation and good attitude, because working in the company probably taught you something. Exchange contacts with key employees and with everyone who worked with you in the same department. Colleagues from the department can be presented with a small souvenir in memory of how you prepared reports together, launched projects or fought for clients.

In some teams, on the occasion of dismissal, it is customary to invite colleagues to a nearby cafe after work or treat them during their lunch break in the office. Don't break traditions and let your colleagues congratulate you on a new step in your career.

Know your rights
Unfortunately, the dismissal procedure does not always go smoothly. It happens that an employer, having learned about an employee’s decision to quit, begins to behave like a feudal lord, trying to keep him. They're on the move different methods: from promises of golden mountains and high positions to threats to fire under article or not sign a letter of resignation.

But even in such situations you shouldn’t get lost. As is known, serfdom in Russia it was abolished 150 years ago, and you can quit without waiting for the manager’s signature. To do this, you need to document the fact of filing a resignation letter, either by handing it over to the manager through the office in compliance with all formalities, or by sending it by registered mail with notification. The date of notification that the letter was delivered is the date of your notice of dismissal. After 14 days, the employer is obliged to issue you a work book and a paycheck, which, among other things, should include compensation for unused vacation. Keep in mind that you can refuse it and take a vacation with subsequent dismissal. In this case last day work in the company will be the last day of vacation.

But how to survive two weeks under pressure from a manager who is offended by your “infidelity”? Do not give in to provocations, do your job, strictly follow all paper formalities, do not be late and do not give reasons for making comments to you. In the worst case scenario, it can help you out sick leave: While the employee is sick, two weeks of work progress as usual.

Whatever your last days in the company, remember: before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. And although there is an opinion among both employees and employers that there is no turning back for those who decide to leave the company, there are still exceptions.

In the life of any person, situations may arise when you urgently need to quit your job. For example, you have been offered a good vacancy and are asked to start work as soon as possible. It would be useful for any employee to learn how to quickly quit a job.

The general rule, which is probably known to all employees, is that voluntary dismissal is possible upon written application, which is submitted no later than 2 weeks before the date of dismissal.

Exceptions to the general rule

Every rule has exceptions. Thus, in the following cases, the notice period for dismissal is reduced to three days:

  • if your probation has not yet expired (Article 71 of the Labor Code of the Russian Federation);
  • if your work is seasonal (Article 296 of the Labor Code of the Russian Federation);
  • if you work under a fixed-term employment contract concluded for a period of up to two months (Article 292 of the Labor Code of the Russian Federation).

In addition, in some situations, the employer is obliged to dismiss the employee on the day that he indicates in the application. These are cases where the employee cannot continue working for valid reasons. The Labor Code of the Russian Federation calls such reasons: retirement, admission to educational institution. This is just a sample list of reasons. This may include admission to military service conscription, caring for a sick relative, moving to another city. However, there may be disagreements with the employer regarding the presence or absence of such grounds, since the concept of “good reason” is evaluative.

You can also quit on the desired day if the employer violates labor laws, an employment contract, etc. (Article 80 of the Labor Code of the Russian Federation). However, such a violation, according to the Labor Code of the Russian Federation, must be established. This is a violation that was identified by authorized entities (labor inspectorate, trade union, labor dispute commission, court) and documented. For example, the labor inspectorate discovered a delay in the payment of wages and subsequently issued a decision to bring the employer to administrative liability. This circumstance absolutely makes it possible to resign within the period specified in the application.

In general, non-payment of wages (like many other cases) is an obvious violation, but you cannot be sure that the employer will agree with your wording in the statement if the violation is not recorded.

The law provides for the possibility of dismissing an employee by agreement with the employer. This means that, if the employer does not object, you can quit on any day specified in the application (including the day it was written). Not every employer will agree to this. We will provide tips that can facilitate peaceful dismissal by agreement of the parties.

There is no need to inform colleagues in advance about your intention to quit and consult with them on how best to do this. Sometimes this can cause negative consequences. So, one of your colleagues may begin to regard you as a “traitor”, and may not be averse to annoying you.

A quick dismissal will be facilitated by finding a candidate for your place of work, or better yet, several candidates. Of course, employees are not required to do this. But in some cases it will be much easier to come to an agreement.

Have a heart-to-heart talk with your boss, explaining the reasons why you need to quit quickly. Perhaps, as a result of the conversation, you will be offered favorable working conditions, and you will change your mind about quitting.

Very often, employees are interested in whether they can write a letter of resignation and go on vacation or sick leave. And can the employer force them to “work” 14 days. Most often, such questions arise if the employer does not make concessions and can only be won by cunning.

First, let's define the concepts. “Working out” is not a labor law concept, but everyone is used to using it. We should talk about the notice period for the employer about dismissal. You have an obligation to notify the employer 14 days before the date of dismissal, but you do not have an obligation to work anything off. Therefore, you can quit while on vacation or sick leave. It doesn’t matter what you do during these 14 days - work, get sick, rest.

If you decide to quit while on vacation or sick leave, then the best option The resignation letter will be sent by registered mail with notification and a list of attachments.

According to the rules, familiar to everyone, you need to work for two weeks before quitting. This standard statement is not always true. There are situations when working out is not required, or may not occur for a number of reasons. Labor legislation explains how to quit a job without working off. Let's consider cases when an employee can resign without working at his own request, and when this is required by the current situation at the enterprise.

In what cases can you not work out

By resigning of your own free will, you can find a way not to work the two-week time required by law.

  1. By writing a letter of resignation before going on vacation, the two weeks that the employee will be on vacation will be counted towards the required work period;
  2. While on maternity leave, you can resign without leaving your vacation, and then you won’t have to work;
  3. You can also submit a letter of resignation while on sick leave; in this case, work off does not occur after the fact; the days of sick leave are taken into account in the two-week period of service.

In practice, there are situations when an employee resigns of his own free will due to non-payment of wages, although by law he must also work. In this case, you can use the provisions of Art. 142 Labor Code of the Russian Federation. That is, if wages are not paid for more than fifteen days in a row, the employee has every right write to the manager a statement that he is suspending work due to non-payment of wages. These applications can be submitted immediately, on the same day. One is about dismissal, and the second is about stopping work. At the same time, the employee may not go to work.

If, before the employee is dismissed, wages he is not paid, then he quits without working off, because the days of stoppage in work are counted as length of service, so working off is not necessary. And the employee will have to go to court for payment. The employer does not have the right to apply sanctions to such an employee. This article also establishes restrictions on which employees of enterprises and positions do not have the right to announce a work stoppage (for example, civil servants, firefighters, etc.).

In the event of illness of a relative, child, or other force majeure circumstances, dismissal without service is permitted. But only by agreement with the employer. If such an employee is denied dismissal without service, he has the right to appeal the manager’s decision to court.

How to write a letter of resignation without work

Article 80 of the Labor Code of the Russian Federation regulates the ability of an employee to resign without working on a resignation letter. The application must be written in such a way that it contains the employee’s request to dismiss him on a certain date, without working off, with a mandatory indication of the reason for the release from working off.

Such reasons may be: retirement, admission to study at educational institution, if the employer violates the terms of the contract or the law. If an enterprise violates the law in relation to an employee, the employer is obliged to dismiss the employee on the day specified in the application. Due to established practice, good reasons for dismissal without service, serve:

  1. moving to another place of residence (to another area);
  2. moving to a new place of work of the husband (wife);
  3. if there is a medical certificate stating that it is impossible to work in the given area;
  4. if it is impossible to work in this position due to health reasons;
  5. caring for young children or sick relatives;
  6. if a pregnant woman wants to quit.

But again, it all depends on the agreements with the employer. Sometimes, if an employee has found another job, you can agree with the employer on dismissal without working, although getting a new position is not a direct reason not to work the allotted time.

There is also the possibility of not working if the employee quits not of his own free will, but by agreement with the employer. Then the work is not mandatory, and therefore the dismissal occurs by a certain agreement between the parties, the date.