How to resign of your own free will without working off

An employee does not always have to notify the employer of his intention to leave work 2 weeks in advance. There are circumstances that allow him to write a letter of resignation without working and leave the workplace immediately, without waiting for the end of the notice period. But with this option of parting with the employer, it is necessary to take into account some legislative features of the application for dismissal without service, a sample of which we provide in 2022 in this consultation.

Also see:

• Rules for working out upon dismissal of one's own free will
• How long to work when leaving voluntarily

Is it legal to work off upon dismissal?

The work is completely legal (Article 80 of the Labor Code of the Russian Federation). In another way, it is called the warning period - 14 calendar days. The countdown begins on the day following the date of receipt of the application by the employer. This period is given so that he has time to find and prepare a replacement person. For heads of organizations, a different period is established - one month (Article 280 of the Labor Code of the Russian Federation), if the agreement is concluded for a certain period.

Note! Work off is assigned only upon dismissal at one’s own request or by agreement of the parties. If the employment contract is terminated at the initiative of the employer for a gross violation committed by the employee, the latter is dismissed on the day specified in the order.

Legal grounds not to work out

In practice, there are often cases when it is not possible to warn the employer in advance about your intentions. Current legislation takes this point into account and allows you to quit without working in a number of cases:

• upon admission to the full-time department of a secondary vocational or higher educational institution;
• when conscripted for military service;
• if necessary, care for a seriously ill family member;
• upon retirement;
• for health;
• when moving to another region;
• when transferring a spouse to another country.

A significant reason for voluntary dismissal may be a violation of an employee’s rights by the organization’s management. Systematic delay of wages, coercion to perform duties not provided for in the employment contract and other documents, as well as refusal to provide leave allow a citizen to resign without working.

Important

It should be noted that facts of violations in such cases must be documented by regulatory authorities.

In addition, the procedure and conditions for terminating an employment contract without working out can be specified in the internal documents of the enterprise. In some organizations, parents of children under 14 years of age, pregnant women, parents of disabled children, and mothers of many children can count on dismissal “on the same day.”

Current legislation obliges the employee to notify the organization's management in advance about his dismissal, but does not mention that he must remain at the workplace during this period. That is why there are several other ways to quit without working.

Sick leave followed by dismissal

Sick leave is a valid reason for the absence of an officially employed citizen from his workplace. Temporary disability allows you to avoid working off upon dismissal. In this case, several scenarios are possible:

1. The resignation letter was submitted before going on sick leave.. In this case, the period indicated on the certificate of incapacity for work will be counted within the time limits established by law.
   Attention

   If it is closed earlier, the citizen will have to return to his workplace before the date specified in the application. Otherwise, the employee will be dismissed within the specified period, but he will retain the right to sick pay after termination of the employment relationship.

2. The resignation letter was submitted after going on sick leave . If the period specified in the certificate of incapacity for work exceeds the legally established time of 14 days, the employee will not have to return to his workplace. In cases where the sick leave ends before the date specified in the resignation letter, the citizen is obliged to work the remaining days before the termination of the employment contract.

Attention

It should be noted that this method is suitable for those employees who really have health problems, since falsifying a certificate of incapacity for work threatens with criminal punishment.

Vacation followed by dismissal

Another way to avoid working before dismissal is to go on vacation. The Labor Code of the Russian Federation (Article 127) allows employees to use accumulated vacation days before terminating the contract, while:

• the date of dismissal of the employee coincides with the employee’s last day of rest;
• the employee has the right to withdraw his application only before going on vacation, after which he is deprived of such authority.

Article 127 of the Labor Code of the Russian Federation indicates that an employee can use accumulated vacation days before dismissal, but does not oblige employers to provide the employee with such a right. That is why termination of an employment contract in such cases can occur according to two algorithms:

1. With the consent of the employer, the employee submits an application for leave with subsequent dismissal.
   Information

   In such cases, a new employee can be registered for the vacated position on the first day of leave of the dismissed person.

2. The employee goes on vacation according to a pre-approved vacation schedule, and then submits a letter of resignation 14 days before the date of termination of the employment relationship. Moreover, if there are 2 weeks left until the end of the vacation, the employee will not have to return to his workplace.
   Attention

   In cases where the employee submits an application less than 14 days before starting work, he will have to work the remaining time until the date of dismissal.

It should be noted that an employee on vacation can submit a resignation letter in several ways:

• Personally . The procedure for terminating an employment contract in such situations is no different from the standard one.
• By mail . It must be taken into account that two weeks in such cases begin to be calculated from the day following the date of receipt of the letter by the employer.
• Through a legal representative acting on the basis of a notarized power of attorney.

Often, company management makes concessions and allows an employee who has gone on vacation to declare his intention to terminate his employment relationship later than the legally established deadlines, so as not to return to his workplace after the vacation. That is why possible options for the development of events must be discussed with the employer even before writing a letter of resignation.

Before dismissal, an employee can use basic and additional vacations, in whole or in part. In the latter case, the remaining days will be compensated to the dismissed person in cash.

Reasons for leaving work without work

There are several options for leaving work without working off:

• retirement;
• enrollment in a university or college;
• for medical reasons;
• transfer to another job;
• conscription for compulsory military service;
• moving;
• by agreement with the employer.

These are legal grounds under which the employer is obliged to dismiss an employee on the day specified in the application. Lack of work is usually associated with the inability to continue working, but the parties can agree among themselves in other situations.

Retirement

If an employee retires - a well-deserved rest - the manager does not have the right to assign time off. It is enough to submit a letter of resignation and indicate in it the date on which the contract should be terminated.

There is no need to separately prove the purpose of the pension. Reaching retirement age or years of service is sufficient. Information can be obtained from employee documents that the organization already has.

Enrollment in an educational organization

If an employee has entered a higher or secondary educational institution and cannot continue to work, the manager is obliged to dismiss him without working out. It is enough to submit documents confirming enrollment: for example, an order.

Poor health

According to Art. 73 of the Labor Code of the Russian Federation, the employer is obliged to transfer an employee with poor health to a suitable position in accordance with medical indications. If there is no such position, the employee is temporarily suspended from work while maintaining his job.

If a person himself wants to resign, citing medical indications, that is his right. The manager must terminate the contract on the date specified in the application if further work is impossible due to poor health.

Call for military service

Men called up for compulsory military service can also leave without service at their own request. The employer must provide documents from the military registration and enlistment office confirming the draft.

Transfer to another job

The notice period is not taken into account if the employee is transferred to another position in agreement with the employers. They themselves agree when the person should be transferred. This can be either on the day the transfer agreement is signed or a month later. The deadline is indicated in the document.

Moving to another region or country

Work off is canceled if dismissal is due to relocation. For example, when the spouse of a military personnel who is being transferred to another location asks to terminate the employment contract. The employer may request a document confirming the transfer.

Note: if a person decides to suddenly move, and even has already bought tickets, the manager has the right to refuse to cancel his work. The explanation is simple: you need to think in advance not only about yourself, but also about the interests of the employer.

Agreement with the employer

You can also reach an agreement with your employer to quit without working. No special reasons are needed for this.

Example. Manager Abrosimov O.L. found another job on July 8, he was asked to leave on the 10th. Since he had not yet quit his old job, he had to ask the employer to terminate the employment contract without working off. He complied and fired the employee on July 9.

Dismissal at will - step-by-step instructions and features

Withdrawing a resignation letter at your own request

How to write a statement if it is impossible to continue work

The list of reasons as a result of which an employee loses the opportunity to continue working for an employer is not limited . Only a few of them are listed in the regulations (part 3 of article 80 of the Labor Code of the Russian Federation, clause 22 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2):

• admission to an educational institution;
• retirement;
• moving with your spouse to a new place of residence due to a change in his place of work/service;
• the need to care for a sick relative or a minor child under 3 years of age;
• detection of a serious illness that interferes with the performance of work functions.

The main difference from the usual procedure in such circumstances is that the wording for voluntary dismissal must necessarily include an indication of the reason for the early termination of the employment contract.

IMPORTANT!

In addition to the application, an employee who wishes to resign without working time should attach copies of documents giving him the right to do so.

Circumstances that may serve as grounds for termination of cooperation without working out are not limited to the above list. The employer must evaluate them individually . has no right to refuse it and force the employee to work longer hours .

If the employer refuses to terminate the employment relationship early if there are sufficient grounds, the employee can appeal to the State Labor Inspectorate, the prosecutor's office or the court.

Also see “Illegal dismissal: samples of applications to the State Tax Inspectorate, the prosecutor’s office, claims to court.”

How to resign of your own free will without real work

If there are no legal grounds for leaving without working, but you don’t want to come to work, you can do the following:

• take sick leave;
• take a vacation followed by dismissal.

The notice period is included in both vacation and sick leave. Legally, he is appointed, but he will not actually be present at the workplace.

Registration of sick leave

At your own request, you can leave without working time by filing a sick leave. The last working day falls on the expiration date of the notice period when the employee must be dismissed.

Example. The man decided to quit on the 10th and submitted an application. On the 11th he fell ill and took sick leave, on the 15th it was extended for him, and it was closed on the 19th.

The work must end on the 24th; on this day the contract is terminated and settlement notes are issued. It turns out that the employee actually did not work from the 11th to the 19th; from the 20th to the 24th inclusive, he had to work the required days. But if the sick leave lasted longer and ended after the 24th, there would be no need to work it off.

Vacation followed by dismissal

Another option on how to resign without working legally is to write an application for annual paid leave with subsequent dismissal. A notice period is assigned, but it is included in the vacation.

The day of dismissal will be considered the last day of vacation, but vacation pay is transferred three days before its start.

Example. Administrator Nesterov D.G. submitted an application for leave with subsequent dismissal on February 5, he did not take 14 calendar days off. The notice period begins on February 6, just like vacation. On the 19th, the employment contract is considered terminated.

Dismissal by agreement

According to Art. 78 of the Labor Code of the Russian Federation, dismissal without service is possible by agreement of the parties. The employee and employer independently determine on what day the contract will be terminated. This can be either the day the agreement is concluded or after 10-14 days.

Sample agreement

Dismissal one day at the initiative of the employer

In practice, dismissal in one day without work is often carried out on the initiative of the organization’s management. The grounds for this procedure are given in Article 81 of the Labor Code of the Russian Federation. In particular, the employer has the right to terminate the employment contract if the employee:

• grossly violated work duties once (absenteeism, disclosure of official secrets, etc.);
• does not correspond to the position held due to lack of necessary qualifications (based on certification results);
• repeatedly refused to perform job duties (in the presence of a disciplinary sanction);
• lost trust from the employer due to illegal actions when servicing funds or inventory;
• committed other violations listed in Art. 81 Labor Code of the Russian Federation.

The procedure for dismissal at one's own request without working off

First you need to study for what reasons you can quit without working.
If there are any, they must be stated in the application and the date indicated. If there are no grounds, the application simply indicates the date, and the employer himself determines whether to assign work or not. You can submit an application without specifying a date, but in this case the contract will be terminated after two weeks. Let's take a step-by-step look at what dismissal without working time looks like, if the employer does not mind or there are grounds for canceling the notice period.

Step 1: Apply

The application is submitted by the employee to the human resources department or directly to the employer. What information does it contain:

• name of the organization, full name directors;
• the title of the document is “resignation letter”;
• wording: “I ask you to voluntarily dismiss me from my position on (date) in connection with retirement (for example)”;
• Date of preparation;
• signature with transcript.

Sample application

Step 2: signing of the application by the manager

The application is signed by the manager and then sent to the HR department. There they usually prepare an order signed by the employer. Then the documents are submitted to the accounting department for calculations and certificates.

Step 3: placing an order

An order in form T-8 is usually issued on the last working day. Even if it is done by a personnel officer, the boss’s signature must be there. Then the resigning employee is introduced to the order and signed, and if necessary, given a copy.

Step 4: filling out the work book

The work book is filled out by the personnel officer on the last working day. It states:

• serial number of the record;
• date of;
• wording: “dismissed at his own request due to retirement (recruitment, etc.), paragraph 3 of part 77 of the Labor Code of the Russian Federation”;
• signature, full name and the position of the employee filling out the book;
• basis for making an entry - order, date and number).

Step 5: issuance of documents and final payment

On the last day of work, the quitter must be given:

1. Work book.
2. Diploma and other educational documents.
3. A certificate of the amount of earnings for the last two years.
4. Certificate SZV-M about the amounts paid to the Pension Fund for the employee.
5. Certificate STD-R containing information from the electronic work book.

Important! At the request of the resigning employee, documents related to work activities must also be completed. For example, a copy of the order on employment or dismissal, on transfer to another position, a certificate of average earnings for the last three months for the Employment Center.

Final payment means payment of wages for time worked, compensation for unused vacation days. If the employee cannot receive the money in person, it must be paid no later than the day following the date of presentation of the corresponding request. If the salary is transferred to bank cards, then it is paid immediately, even if the employee is absent.

The procedure for terminating an employment contract at the initiative of the employee

Termination of an employment contract at the initiative of an employee without work requires the following procedure:

1. The employee provides the management of the organization with a written application for dismissal, attaching to it documents indicating the right to terminate the employment relationship without working out (application for leave, summons from the military registration and enlistment office, conclusion of a medical examination, certificate from the attending physician, notice of retirement).
   Attention

   The dismissed person can submit documents in person, by registered mail, by fax or through a legal representative acting on the basis of a notarized power of attorney.

2. The employer accepts the employee’s resignation and confirms his consent to terminate the employment contract with his signature.
3. Before the day specified in the application, the organization issues a dismissal order (form T-8), which is certified by the signatures of the manager. The personnel service of the enterprise makes the latest changes to the employee’s personal card, then the documents are handed over to the dismissed person for review and signing.
4. On the last working day, the employee receives a paycheck and a work book. Upon additional request, he may be provided with a 2-NDFL certificate and other documents.

All papers can be handed over to the owner personally or sent by registered mail. In cases where dismissal was preceded by sick leave, the citizen must contact the former employer with a certificate of incapacity for work to calculate and pay benefits.

Important

Art. 1 Federal Law No. 255 (dated December 12, 1996) limits the period for transferring sick leave to the employer to 6 months from the date of its closure.

How to quit without working during a probationary period or with a fixed-term employment contract

According to Art. 71 of the Labor Code of the Russian Federation, an employee can resign at will by notifying the manager in writing three days in advance. Otherwise, the rules are the same as for permanent employment.

What features are important to consider:

1. If the probationary period is over, but the person continues to perform his duties, he is considered to have passed the test. He can be fired on a general basis, with or without two weeks of work.
2. If the manager believes that the employee on probation is not suitable for him and wants to dismiss him, he must notify him at least three days in advance, indicating the reasons.

If you need to leave without three days of work, you can try to negotiate with your employer. But he has the right to refuse and leave the employee for another three days.

The same applies to people working under fixed-term employment contracts of up to two months. They must give notice of dismissal at least three days in advance (Article 292 of the Labor Code of the Russian Federation).

Duration of work

The Labor Code of the Russian Federation does not contain such a term as “ working off ”. This concept means the period calculated from the date of filing the application until the day of dismissal. According to Article 80 of the above legislative act, the employee is obliged to notify the organization’s management of his intention no later than 2 weeks before the expected date, unless otherwise provided in the current legislation. The last note is important to take into account, since the standard working period is not provided for all employees, for example:

• Persons in management positions are required to notify the company's owners of their intention to terminate their employment relationship no later than 1 month before the date of dismissal (Article 280).
• Citizens hired on the basis of a temporary employment contract (for a period of up to 2 months) have the right to submit an application for dismissal three days before the expected date (Article 292).
• Persons involved in seasonal work are required to notify management of their intention three days in advance (Article 296).
• Athletes or members of the coaching staff are required to notify the employer of dismissal no later than a month before the expected date (Article 348.12).
• Employees on a probationary period also have the right to apply for resignation three days before the specified date.

The above list is not exhaustive. According to Section XII of the Labor Code of the Russian Federation, the dismissal procedure for homeworkers, employees of religious organizations, as well as employees of micro-enterprises is regulated by local acts of the economic entity.

Important

Current legislative acts do not prevent the termination of an employment contract even before the expiration of the established deadlines with the consent of the parties. That is why it is advisable to discuss all the nuances with the management of the organization even before writing the application.

What to do if the employer refuses to fire you without working off

If an employee has legal grounds for canceling the notice period, but the employer forces him to work, does not sign the application and does not issue an order, you can complain to the Labor Inspectorate online or in person. It is important to take into account that applications are considered there within 30 calendar days.

The person resigning here is in a more disadvantageous position: even if you submit an application to the secretary and ask to put a mark on the registration of the incoming document on the second copy, and then simply do not go to work, the employer may not issue a dismissal order. Consequently, pay slips and documents from the HR department will not be issued.

If there are no reasons for terminating the contract without observing the notice period, and the employer insists on working off, you will have to go for another two weeks. But there is no point in complaining to the labor inspectorate - the law is on the manager’s side.

Note: if an employer deprives a resigning employee of the opportunity to work elsewhere without issuing a work book, he may be held liable under Art. 234 Labor Code of the Russian Federation. You will have to reimburse the employee for any unearned wages. Administrative liability may also arise under Art. 5.27 Code of Administrative Offenses of the Russian Federation. For example, if upon retirement you are forced to work 14 days, or your salary is delayed upon final payment.

Resignation requests may vary

It would seem that such a simple document that almost everyone has written more than once in their life, and it turns out that it can be written in different ways. The conditions of dismissal will depend on this. Let's list the options:

1. The standard option is an application for voluntary resignation, which requires mandatory work within two weeks (unless we are talking about a director, for whom the notice period is different).
2. Application for dismissal by agreement of the parties (read about all the nuances in the article on our portal “Procedure for dismissal by agreement of the parties”).
3. An application for dismissal without service is a variation of the second type. In this case, by agreement with the employer, you don’t have to work and you don’t have to go to work the very next day after submitting your application.
4. An application for dismissal during a probationary period will differ from the standard one in that the period in which the employer must be notified is only 3 days.

In some cases, an employee has every right to quit without working, without waiting for the employer’s consent. This is possible if there are certain reasons for this. For example, an employee:

• entered an educational institution;
• retired;
• changed his place of residence;
• must take care of a disabled person of group 1.

Lawyer's answers to private questions

Is it possible to submit a resignation letter without working hours remotely if the employer is located in one region and I work in another?

Yes. The application can be submitted electronically if there is an enhanced qualified electronic signature. It is also possible to send documents by Russian Post by registered mail.

I want to resign of my own free will without work, I entered the university as a part-time student. Is it possible?

It all depends on when the session starts. You need to take a summons certificate. If lectures begin immediately after admission, the employer is obliged to terminate the contract without notice. If lectures are only a few weeks away, the employee has the opportunity to work. Therefore, detention can be assigned.

Can I quit without working time if I need to care for a seriously ill relative?

Yes, but you will need a medical certificate confirming the need for ongoing care.

I want to quit my job without work, I have a disabled child. Is it possible not to work for 2 weeks?

Yes, if you can reach an agreement with the employer or there are documents confirming that the child needs the 24-hour presence and care of a parent.

Is it possible to quit without working 2 weeks if I need to undergo surgery?

Yes, hospitalization is grounds for canceling the warning period, because... the employee will not be able to work. The manager needs to provide medical documents for confirmation to avoid disputes.

Dismissal without work for a disabled person

Termination of an employment contract with disabled people of groups 2 and 3 occurs according to the standard algorithm. The current legislation does not provide for privileges for such employees.

Important

Disabled persons of the 1st non-working group have the right to expect dismissal “on the same day” if they have documents confirming their inability to continue working.

In such cases, the employment contract must be terminated after the provision of a certificate of incapacity for work or the conclusion of a medical commission. The employer must first offer the employee a transfer to another position that meets medical requirements, if any.

More information about terminating an employment relationship without working with a disabled person can be found here.

The procedure for dismissal from a state enterprise, LLC and individual entrepreneur

The procedure as a whole depends little on the type of enterprise in which the individual is registered as an employee. However, each organization may have its own rules for terminating an employment contract, provided that they do not contradict the Labor Code of the Russian Federation.

Submitting an application

Dismissal at personal request must begin with the preparation of an application, which must take into account the timing of termination of the employment contract. They are calculated based on the duration of work in a particular case.

Important! It is necessary to notify management about leaving your position only in writing. Words have no legal force. For this reason, it is important to date the application.

The document can be submitted to management in person, by registered mail or by email. In the latter case, the manager must have an electronic signature to be able to sign the application.

After the expiration of the time allocated for working off, the head of the organization must issue an order to terminate the employment relationship. According to the details of the order, entries are made in the work book of the former employee, which must be issued to him on the day of dismissal along with the pay slip.

What to do if the employer does not accept the application

In some situations, a manager may refuse to accept a letter of resignation, which in most cases is illegal. The administration has the right not to sign applications that are drawn up incorrectly or with marks, as well as those that contain deliberately false information. In all other cases, the manager’s refusal will be considered unlawful. In such a situation you should:

1. Write an application according to the established rules.
2. Send the document by registered mail with notification to the organization's address.
3. Continue to perform job duties during the work period (if necessary).

After 14 days, the employee has the right to demand his work book and pay slip.

If the employer continues to prevent the termination of the employment relationship, the ex-employee has the right to contact various regulatory authorities. This could be the Labor Inspectorate, the Tax Service, the prosecutor's office or even the court.

Other calculation nuances

Violations of the Labor Code of the Russian Federation by managers are not uncommon. Therefore, it is important to know all the nuances of terminating a contract on personal initiative. Thus, the law allows an employee to withdraw his application to terminate the employment contract if the manager has not found a replacement for him or has not notified the candidate for the position of his acceptance in writing. You should also know that management does not have the right to extend work until it closes the “gap” in the staff without the consent of the hired worker.

There are situations when the application is deliberately lost or withheld in order to extend the work. To avoid such situations, it is better to make 2 copies, certify both and keep one. In various controversial situations, the document will be proof of correctness, in contrast to words that have no legal force.

The dismissal procedure can go as smoothly as possible if you comply with all the norms prescribed by law. Knowing not only your rights, but also your responsibilities will increase the chances of a peaceful end to your work relationship.

One day dismissal process

Urgent dismissal is carried out on the same principle as regular dismissal. To do this, the employee must first of all write a statement, which should contain information such as:

• information about the recipient : full name, position of manager;
• information about the applicant : full name, position;
• the main part is in free form, the main thing is that the text contains the following phrase : “I ask you to dismiss at your own request without working from... (desired date)”, as well as the reasons and circumstances of dismissal;
• appendix – a list of attached documents, in this case giving the right to dismissal without service;
• signature and date.

Required documents

Documents proving the right to urgent dismissal may be:

• copy of the order for enrollment from the educational institution;
• documents for purchased real estate in another city;
• summons or certificate of transfer from the RF Armed Forces , etc.