How to quit without working off

How much to work out

In the Labor Code of the Russian Federation there is no term "working off". This is a rule that obliges the employee to inform the manager of the dismissal no later than 14 days before leaving. Accordingly, you can share plans three weeks or two months in advance - that's legal.

The rule of two weeks does not apply to everyone. Seasonal workers, probationers, and professionals hired for periods of up to two months can give 3 days' notice of care. For coaches, athletes and leaders of organizations, the period is increased to a month.

Accordingly, in most cases you will have to work until this period expires. But there are several legal ways to quit without a job.

How to quit without working off

1. Agree with the employer

If the management agrees to let you go without detention, the law allows it. So what remains is to explain to your bosses why you cannot wait two weeks.

2. Go on vacation

If it doesn't matter to you when you get your work book in your hands, you can use the right to leave with subsequent dismissal. To do this, you need to write the corresponding in free form. In it, you must indicate as the last day of vacation the one when you want to be fired.

Accordingly, the vacation should be at least two weeks.

3. Confirm the impossibility of further work

The Labor Code obliges the employer to fire you without work if you cannot continue to work for valid reasons. In the Labor Code of the Russian Federation, there are two such reasons:

Enrollment in an educational organization.
Retirement.

Both circumstances are easily confirmed by documents - a certificate from an educational institution or the Pension Fund. The rest of the reasons for dismissal without working off are hidden behind the vague wording "and other cases." The resolution of the Plenum of the Supreme Court of the Russian Federation adds another good reason to the list - sending a husband or wife to work abroad, to a new place of service.

In addition, the basis for dismissal without working off may be:

The need to care for a sick family member with an appropriate medical certificate.
A disease with which it is impossible to continue working.
Draft conscription.
Entry into force of the court decision.

In practice, a lot depends on how you explain to the manager the inability to continue working. If he does not meet halfway, you will have to prove your case in court, and this will obviously take more than two weeks.

4. To convince the employer of violations

If a company violates labor law, you must be fired at a time convenient to you. In order for you to have leverage, it is better to choose flaws that are easy to prove. For example, your salary is delayed, vacation pay is not paid three days before the vacation.

How to write a letter of resignation

If the employer lets you go without problems and additional requirements, file a standard dismissal of your own free will. It is written in free form.

Please dismiss me of my own free will on the basis of Article 80 of the Labor Code of the Russian Federation. I ask you to dismiss.

But if you foresee contradictions and want to refer to the inability to continue working or to violations on the part of the employer, it is better to write down the reasons for dismissal in the document. You can take the same standard statement as a basis. Refer to Article 80 of the Labor Code of the Russian Federation, but indicate in addition the wording of the law and describe what motivated you to leave.

Please dismiss me of my own free will on the basis of Article 80 of the Labor Code of the Russian Federation due to the impossibility of continuing my work in connection with my retirement. I ask you to dismiss.

For fidelity, it is better to write a statement in duplicate and get a stamp on your document with the date of acceptance of the papers. But the traditional letter for such cases with an inventory of the contents and a return receipt is not suitable, since there is a risk that it will come later than the obligatory two weeks have expired.

What is the bottom line

It is not necessary to work 14 days if the management is ready to let you go earlier.
Uncooperative bosses can be persuaded if you have valid reasons for an urgent dismissal or proof of a company's violation of labor law.
You can sue if, in spite of everything, they do not want to release you. But it can take much longer than the prescribed two weeks. So it might be easier to complete the deadline.