How to leave without working

How should work

In the Labor Code do not have the term "working out." We are talking about normalArticle 80 of the LC RF. Termination of employment contract by the employeeWhich obliges the employee to inform the head of the dismissal, not later than 14 days prior to departure. Accordingly, you can share the plans for three weeks or two months - it's legal.

Rule of two weeks does not act at all. SeasonalArticle 296 of the LC RF. Termination of an employment contract with the employee engaged in seasonal work workers, employees on a testArticle 71 of the LC RF. Test result in hiring term and specialists hired for a period of up to twoArticle 292 of the LC RF. Termination of employment contract months may notify caring for 3 days. trainersThe Labor Code § 348.12. Features of the termination of the employment contract with the athlete, coach, Athletes and executivesArticle 280 of the LC RF. Early termination of an employment contract on the initiative of the head of the organization Organizations period is extended to one month.

Accordingly, in most cases, will have to work until the time limit expires. But there are a few legitimate ways to quit without working.

How to leave without working

1. To negotiate with the employer

If management agrees to let you go without mining lawArticle 80 of the LC RF. Termination of employment contract by the employee this allows. So what's left to explain the authorities, why can not you wait two weeks.

2. Take a vacation

If you does not matter when you get your hands on work record, you can use the right to holiday followed by firingArticle 127 of the LC RF. Exercising the right to leave at dismissal of the employee. To do this, write the corresponding statement in free form. In it should be specified as the last day of the holiday when you want to be fired.

Accordingly, the leave must be no shorter than two weeks.

3. Confirm the impossibility of further work

Labor Code obligesArticle 80 of the LC RF. Termination of employment contract by the employee the employer fire you without working, if you are the valid reasons can not continue to work on. In the Labor Code these two reasons:

1. Enrollment in educational organization.
2. access to the pension.

Both circumstances easily confirmed by a document - a certificate from an educational institution or a pension fund. Other reasons for dismissal without working hiding behind fuzzy wording "other cases". rulingResolution of the Plenum of the Supreme Court of 17.03.2004 number 2 (ed. from 24.11.2015) "On application by the courts of the Russian Federation Labor Code of the Russian Federation" Plenum of the Supreme Court adds to the list of one more good reason - the direction of the husband or wife to work abroad, to the new post.

In addition, the grounds for dismissal without working could be:

1. Need to care for a sick family member in the presence of an appropriate medical certificate.
2. The disease, which it is impossible to continue working.
3. The call for military service.
4. Entry into force of the court.

In practice, much depends on how you explain the leaders can not continue to work. If he does not go forward, you will have to prove his innocence in courtBut obviously it will take more than two weeks.

4. To catch the employer's violations

If your company has violated legislation relating to employment law, you have to dismiss you at a convenient time. That you have the leverage, it is better to choose the flaws that are easy to prove. For example, you withhold wages, do not pay holiday pay for threeArticle 136 of the LC RF. The procedure, venue and timing of payment of wages the day before the holiday.

How to write a letter of resignation

If an employer lets you without problems and additional requirements apply standard statement of resignation on his own request. It is written in free form.

I ask me to fire on their own on the basis of Article 80 of the Labor Code. The dismissal request to produce .

But if you anticipate conflicts and want to refer to the inability to continue to work or to violations by the employer, the reasons for the dismissal is better to register in the document. As a basis we can take it as a standard application. Refer to the 80-th article of the Labor Code, but specify additional wording of the law, and describe what motivates you to care.

I ask me to fire at his own request on the basis of Article 80 of the Labor Code of the Russian Federation due to the impossibility of continuing work by me in connection with his retirement. The dismissal request to produce .

To be sure, better to write a statement in duplicate and get on your document is stamped with the date of acceptance of papers. But in such cases the traditional letter with a list of contents and the return receipt is suitable enough, since there is a risk that it will come later than the mandatory expire in two weeks.

With the result that

1. 14 work days is not necessary if management is willing to let you go first.
2. Recalcitrant chiefs can to convinceIf you have good reasons for urgent dismissal or evidence of a breach by the labor law.
3. You can sue if you no matter what, do not want to let go. But it can take a lot more laid two weeks. So, perhaps, it is easier to work on time.