to work off his job for a certain period of time . However, there are circumstances the presence of which makes it possible to terminate the employment contract in one day or within the period specified by the employee in the application. There are also features of voluntary dismissal during vacation or sick leave. So, voluntary dismissal 2021: with or without work?
Also see:
- A pensioner quits: should he work for 2 weeks?
- How long to work when leaving voluntarily
Causes
According to the law, dismissal is the interruption of the employment relationship between the employee and the employer. When it's possible?
- by agreement of both parties;
- according to the employer's wishes;
- on the initiative of the worker himself.
Speaking about the desire of the employee himself, he must still work for two weeks after writing his application. For what? So that the company can not interrupt the production process and find a worthy replacement for the departed employee.
Working period upon dismissal of one's own free will
This number is 14 days. How is everything going? — It is important to write the application correctly and register it in the responsible office.
Sample letter of resignation with 2 weeks of work.
Such a document must be drawn up in writing. A verbal request to resign will not be heard. Documentary evidence will be required. Namely, a statement. Be sure to indicate in the header the name of whom (director) and from whom (employee details). In the text, write your desire to leave work, and from what date. No one requires you to describe specific reasons for leaving; you can simply indicate “at your own request.” And of course, put the date and personal signature. Otherwise, the document will not be considered valid. You can take such a paper personally to the director or to the human resources department. It is possible to send by mail, but preferably by a valuable letter with acknowledgment of delivery. This is to protect the worker himself.
How work is recorded upon dismissal during vacation or sick leave
Termination of an employment relationship at the initiative of an employee is classified as grounds for dismissal, which can also be applied during sick leave or vacation. At the same time, calculating the period of service in such situations has its own characteristics .
Thus, the working period if the employee wrote a letter of resignation before the start of sick leave or while on sick leave or on vacation is not extended . This time is counted towards the period established by law for warning the employer. The employee is fired based on the date specified in the application.
EXAMPLE
The employee was on sick leave from 03/10/2020 to 03/20/2020. He wrote a letter of resignation on March 15, 202020. The employer did not agree to dismiss him without working and asked to rewrite the application with a notice period of 2 weeks - according to Art. 80 Labor Code of the Russian Federation. Thus, the employee must indicate in the application the date of dismissal of 03/28/2020. In this case, sick leave time counts towards the working period.
Employee rights
Article 80 of the Labor Code of the Russian Federation specifies the working time for up to 2 weeks. Is the employee required to work during this period? - No. In Russia there is no such condition. He does not have to be at the enterprise during this entire period; he can be on sick leave or on vacation at his own expense. If, before the end of this period, a person has been found to fill the vacancy, then the period of service will be reduced (by agreement). It is important that the new person has already been officially accepted into the position.
After two weeks of service, upon dismissal of his own free will, the employee ceases his activities at the enterprise. The entrepreneur, for his part, must pay off his subordinate by paying him all the proper money and handing over the completed work report. The dates of departure and the date recorded in the work record must be identical.
A practical example looks like this: The application was written and registered by the HR department on January 15, 2021. January 16 will be the first day of work. Having counted down 14 days, we arrive at January 29th. This will be the last day. This is the date on which all documents will be processed.
Last day of work
Employees who want to resign often forget to indicate in their application the desired date of leaving work. In this case, the employer can decide for himself how many days to work when leaving at his own request. The day of dismissal almost always coincides with the last day after filing the application.
The employer is unlikely to indicate a different period unless there are personal agreements with the subordinate. The company has no right to force you to work more than expected. Dismissal before the end of the 14-day period may be considered a violation of the employee's right to withdraw his or her resignation before the last day of work at the current place.
Working days begin to be counted from the moment the application is submitted. Weekends, holidays and sick days are also considered: the employee continues to remain in an employment relationship, the contract is valid, the period is counted. The last day of work indicated in the application may also be a day off - the Labor Code does not prohibit layoffs on weekends.
From the moment the application is submitted until the last working day, the employee must perform his job duties as usual.
All time worked will be paid in full along with any unused vacation time. On the last day of work, the following actions occur:
- The employee is given a work book and a payslip.
- Recently, companies have also been issuing a 2-NDFL certificate. If the company does not provide it itself, then it is advisable to ask for it and pick it up, since this document will be useful in the future.
- A full financial settlement is made.
- The dismissal order comes into force and the employment contract is terminated.
- The employee's personal file is closed.
If the last day of work falls on a weekend, the employee is paid on the next working day.
All documents are given immediately; for their receipt you need to sign in a special log book. When receiving a financial calculation, you should take into account: if the full vacation is 28 days, then a month of work is counted as 2 days of vacation. Consequently, six months of work without vacation will be paid upon dismissal, as 14 days of vacation. Partial vacation days are rounded up to full days and paid accordingly. After receiving the calculation and documents, the employee can consider himself free from labor obligations.
How to calculate the date of dismissal with working hours?
So, from what day is work counted upon dismissal? From what was said earlier, we can conclude that the day that follows the day of registration of the application is the first day of that period. That is, if a person wrote and brought an application to the company on February 5, the working day begins on the 6th. It should be remembered that if it was sent by mail, it will be accepted later. For example: it was sent on February 5th, it took 5 days for shipping, registration took place on the 11th, then the first day falls on 12.02.
Working two weeks upon dismissal includes both weekends and holidays. No one, including the manager, can demand to work for another period, motivating this by the past weekend. The law of our country states that the number of days worked is calculated in calendar days, not working days.
There is still one caveat. If the last day falls on a weekend or holiday, the next day will be the last day. For example: an employee was supposed to be fired on July 3, and this is Saturday. Therefore, he will be fired on Monday 5 (since 4 is Sunday).
Sick leave
If suddenly, during this 14-day period, an employee falls ill, he does not undertake to work more days than indicated. That is, it has no effect. The employer must do everything as agreed, on the same day. But for the employee, in turn, it is important to provide written proof of his illness (sick leave). All payments will be issued in full. And not only. Further, for thirty days, if this person is sick, the former company, according to the law, will pay him for his disability. And the amount of compensation will be no less than 60 percent of the usual payment. But, only in the case that the former employee does not officially work at another enterprise.
On his last day at the company, the employee, while personally at work, must sign a bypass sheet and submit it to the HR department. On the same day all payments are made to him in full.
If suddenly, for some reason, the quitter was absent, then all compensation and payments must be made no later than the next day from the stated desire of the employee. A dismissed person can count on help from the state, including the judiciary, if the employer completely refuses to make a full payment, or even some part of it. In this case, fines will be imposed on him, depending on the debt and in accordance with Article 236 of the Labor Code of the Russian Federation.
So, according to Art. 80 paragraph 1 of the Russian labor law, you can terminate a work relationship agreement, but you need to work out a certain period. There is no exception for working pensioners. The working period for voluntary dismissal is 14 days. And these 2 weeks of work upon dismissal are paid in full by the employer. Therefore, it is important to know the different points of this issue, since they will serve as protection at the right time.
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Features of testing
Contrary to popular belief, the Labor Code does not require service upon dismissal of one's own free will. The document does not contain such a thing as working off. Actual presence at the workplace is provided for a 14-day period, within which the employer must consider the submitted application and issue a dismissal order.
The law does not stipulate how many days you need to work after submitting your application for dismissal. The employee can write any desired date of departure: either in two weeks or in several months. Until the specified date, the employee continues to be on the staff and is not considered dismissed, and therefore must perform his duties on a general basis.
You can end your work in a specific company by agreement with your superiors. If the employer cooperates, the resignation letter can be signed on the same day. The Labor Code provides for this possibility; in this case, voluntary dismissal with 14 days of work will not be required.
If the employer agrees to sign the application immediately, there is a chance to receive documents and calculations from the accounting department on the same day and not come to work from the next day.
According to the Labor Code, working for 2 weeks (Article of the Labor Code of the Russian Federation, Art. 80) is optional in the following cases:
- if the employee’s dismissal is related to retirement;
- if the dismissal is related to the start of studies at an educational institution;
- other reasons why continuation of work is impossible or incompatible with other activities.
This list is not final; in practice, much depends on the relationship between the subordinate and the superior. Typically, an employer does not need to retain an employee who wants to leave the company. Therefore, the following may be recognized as sufficient grounds for instant dismissal at will: moving to another place of residence, transfer of a spouse to work in another city, serious illness, family circumstances, etc.
Maternity leave, pensioners and directors
Directors, retirees, probationers and employees on maternity leave are subject to the amended termination rules.
You can postpone dismissal from maternity leave: the employer cannot dismiss employees on maternity leave on its own initiative.
If the contract is terminated at the employee’s request, it is impossible to call the person back from maternity leave to work.
Pensioners can write a statement the day before dismissal; management does not have the right to refuse them. Service upon leaving work is not required for persons who have reached retirement age.
The director of the company must give one month's notice of his resignation and delegate authority to other persons. Dismissal of employees in other management positions is carried out in accordance with the general procedure. For example, the chief accountant also delegates authority to another person, the documentation is checked and the 14-day period expires.
Persons on a probationary period must notify the employer of their desire to stop working 3 days before severing the employment relationship. There are no other differences from the general rules.
Violation of labor laws
The Labor Code provides for an exception in which employees do not have to work at the company before leaving. This rule begins to work if the company ceases to properly fulfill its obligations to employees in accordance with the Labor Code. An example of such violations is the lack of payment on time, non-payment of wages, refusal to provide leave required by law, refusal to provide sick leave, etc. For this exception to work, written proof of the violation received by the competent authorities is necessary:
- the court's decision;
- conclusion of the Labor Inspectorate;
- decision of the labor dispute commission.
It should be noted that even court decisions are sometimes contradictory. Sometimes the court does not consider an employer’s refusal to fire an employee on a certain date to be illegal, since the violation of labor laws has not been proven.
