Getting fired on the first day - dementia or courage?

Is it possible to fire an employee in one day? Russian labor legislation requires that an employee notify the employer of an upcoming voluntary dismissal at least 2 weeks in advance and work it off. This is provided so that the employer has the opportunity to find a replacement for him. If an employee refuses to go to work, this will be considered a disciplinary violation and the employer will be able to fire him for absenteeism in accordance with Art. 81 Labor Code of the Russian Federation.

But for an employee who has already found a new job, it is very important to quit his previous job as soon as possible. Here, much will depend on whether the employer meets him halfway. Note that in some cases, dismissal in one day without working out a two-week period is still possible and a person will be able to receive a payment immediately after submitting an application.

Methods for terminating labor relations provided for by the Labor Code of the Russian Federation

The Labor Code of the Russian Federation provides the following grounds for termination of an employment contract:

• at the initiative of the employee himself (Article of the Labor Code of the Russian Federation);
• at the initiative of the employer - this option is possible if the continuation of the employment relationship becomes impossible for a number of reasons, including due to the liquidation of the organization (Article of the Labor Code of the Russian Federation);
• by agreement of the parties, the employee and the employer agree on the terms of termination of the employment contract in a separate document (Article of the Labor Code of the Russian Federation);
• termination of labor relations due to circumstances beyond the control of the parties (Article of the Labor Code of the Russian Federation).

General grounds for termination of employment relationships can be found in Art. Labor Code of the Russian Federation.

Obligation to dismiss without work

Based on the wording of Article 80 of the Labor Code of the Russian Federation, there are situations that oblige management to pay off an employee within the period specified in the application, which makes it possible to resign of his own free will without working off, i.e. one day, indicating the expression of will in the application.

The obligation to pay early includes the following situations:

1. Enrollment in full-time study at a higher or secondary vocational institution, graduate school or residency if there is a call to study from an educational institution.
2. Retirement upon reaching retirement age and dismissal on this basis for the first time. In the future, the pensioner can find a job and leave a number of employers, but the right to the benefit in the form of dismissal at his own request in one day is granted once, which is recorded in the work book.
3. Recorded violation by the employer of labor law norms enshrined in the local documents of the business entity.
4. The inability to continue to perform a job function, confirmed by a medical report, or the need to care for a sick relative.
5. The period of pregnancy and the period of work with the right to be on maternity leave if the small child has not reached the three-year age mark.
6. Single parents, guardians and adoptive parents, if there are children under 14 years of age.
7. Conscription of an employee for military service in the ranks of the Armed Forces of the country.
8. Termination of employment relations occurs in connection with a move to another locality, either by the employee’s personal direction, by the direction of a spouse, or by a voluntary change of place of residence. To resign in one day, you must present extracts from the passport office confirming the departure or assignment to another region of the second half, including an order for a long business trip.

By means of internal local documents, the employer has the right to establish additional grounds and rules for dismissal at his own request without service, which will be mandatory for both parties. Management has the right to decide whether to require supporting documents or release the employee based on an explanation.

Dismissal in one day in the Labor Code of the Russian Federation: what the current legislation says

The Labor Code does not prohibit dismissal in one day, incl. part 2 art. 80 states that an employment contract can be terminated before the expiration of the period allotted for compulsory service, that is, before the end of 2 weeks after the employer’s written warning of dismissal by the employee, if the parties agree on this.

In Art. 81 of the Labor Code of the Russian Federation considers cases when the employer has the right to initiate the dismissal of personnel.

The period of service upon dismissal may be less than 2 weeks. So no more than 3 days you need to work:

• upon termination of the contract at the request of the employee before the end of the probationary period (Article of the Labor Code of the Russian Federation);
• upon termination of a fixed-term contract concluded for no more than 2 months (Article 292 of the Labor Code of the Russian Federation);
• upon termination of a fixed-term contract of a “seasonal” nature (Article 296 of the Labor Code of the Russian Federation).

What days are covered?

As we wrote earlier, weekends and holidays are included in the working hours.

It is worth noting the option of dismissal in December. If an employee submitted an application at the end of December, and work ends during the New Year holidays, the day of dismissal will still be considered the first working day of January.

Let's look at an example.

If you apply for dismissal on December 23, your work will end on January 6. But the employee will be fired only on January 9. For the remaining days, the employer must make accruals in the usual manner.

In this example, it would be better to reduce the working days and finish the work on the last working day of this year.

Dismissal with time off in case of employee illness is calculated in a similar way.

It should be noted that the labor code prohibits dismissing an employee at the initiative of the employer while he is on sick leave. But an employee can write a statement of his own free will at any time.

It doesn’t matter if the employee submitted the application while on sick leave or fell ill during work, all days of temporary disability will be included in the two-week work period.

It often happens that citizens write a letter of resignation and go on vacation. Thus, the work takes place during vacation.

This is a legal decision, since work is also considered during the period of well-deserved vacation. At the end of your vacation, you need to go to the HR department and pick up your work book and paycheck.

If an employee resigns by agreement of the parties, he has the right to agree with the employer on dismissal from any day. If both parties agree, no follow-up is needed.

In case of external and internal part-time work, the procedure is subject to the general procedure for terminating employment relations. A part-time worker may be assigned 2 weeks of work upon dismissal.

Dismissal in one day without work on the initiative of the employee

Dismissal of an employee in one day without mandatory two-week work is possible in the cases listed incl. in Art. 80 Labor Code of the Russian Federation:

• enrollment in an educational institution;
• retirement;
• moving for permanent residence to another city or another country;
• serious health problems, medical contraindications to continue working;
• violation by the employer of labor law standards (delays in payment of wages, denial of annual leave, etc.);
• the need to care for a disabled relative;
• other reasons due to which a citizen cannot continue to perform labor functions.

If such circumstances occur, the employee is obliged to provide supporting documents to the employer.

Also, pregnant women and conscripts can count on dismissal in one day at their own request. In addition, an employee can write a letter of resignation from work while on vacation and without leaving it if the entire period of work falls on rest days. The situation is similar with sick leave: after leaving sick leave, the employee must provide documents confirming his illness (sick leave), and then he can receive a payment.

You can always try to negotiate dismissal from work one day with your employer. But if the management of the organization refuses to meet the employee halfway and demands to work the required 2 weeks, this can only be avoided by having a good reason and providing supporting documents. You need to understand that the employer is not obliged to fulfill the employee’s requirements, therefore, in the absence of confirmation, he has the right to require him to work the required two-week period.

Notice period for dismissal

By law, a person who decides to leave his job voluntarily must notify his 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 the employment contract. So, the special conditions are as follows:

• According to Art. 71 of the Labor Code of the Russian Federation, the employee was hired within the framework 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 of the Labor Code of the 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.
• Receiving compensation for unused vacation.
• 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 for unused vacation 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 a sick leave certificate. 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;
• changing of the living place;
• 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 for an adopted child under 14 years of age;
• pregnancy.

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.