Sometimes you can leave work without completing two weeks. All situations where such behavior is legal are set out in the Labor Code of the Russian Federation.
We will tell you how and when you can leave work “one day” – without a “wolf ticket” and with severance pay.
How do people usually leave?
If the initiative to leave is yours, you need to write a letter of resignation of your own free will. After that, the document is sent to the personnel department or signed by the head independently – depending on how the company is established.
The application is submitted at least two weeks before dismissal – this time is established by the Labor Code of the Russian Federation. The time for working is counted from the next day from the date of submission of documents.
It is not necessary to go to work during these two weeks: if you have days of vacation or time off, you can use them in the account of working time. The company will still pay you your salary. If there are no rest days, you can take a sick leave – the employer will pay for it if it does not exceed fourteen days.
You can still change your mind – withdraw the application and return to your previous workplace. The company cannot fire you without breaking the law, even if it supposedly has already found a replacement for you.
Is it possible not to work for two weeks?
If you work under an employment contract, the law allows this in three cases:
|Dismissal by agreement of the parties|| The most “bloodless” option is to agree with the employer to leave work peacefully. In this case, the law will allow resigning without two weeks’ work – all that remains is to discuss with the company the timing of the dismissal and, for example, the size of the severance compensation.
For dismissal by agreement of the parties, it is enough to write a statement in free form.
|Unable to continue||For example, if you go to college, join the army, or retire. By law, you will not be forced to work, but if you want to stay on good terms with your employer, it is better to notify him in advance.|
|Non-payment of wages||You can leave without working off if the employer violates the Labor Code of the Russian Federation – forces you to overwork without paying for labor, cannot ensure the safety of the workplace, or, for example, engages in extortion.|
Probationary period, urgent and seasonal work
If during the probationary period the desire to stay in the company disappeared, leave on your own without working off – the law is on your side. Write a statement to the manager three days before leaving, without giving a reason.
It happens the other way around: you like the employer, but he doesn’t like you. Then the company can terminate the contract – also three days before the end of the actual work, having previously warned that you have not passed the trial period.
Such termination can be appealed in court – grounds are needed for dismissal, such as acts of disciplinary violations or memoranda on the inadequate quality of work.
From urgent – when the contract is concluded for less than two months – and seasonal jobs are dismissed in three days. Sometimes a fixed-term contract is concluded when an employee is hired to replace an absent employee. After the return of the “main” employee, the employment contract is terminated the same day, nothing needs to be worked out.
My case is not on the list. Can I just not go to work?
From the point of view of the Labor Code of the Russian Federation – it is impossible. This, like any absence from the workplace for more than four hours without a good reason, is considered absenteeism – the company can fire you under the article, without paying compensation, and fix the violation in the work book.
In any case, it is better to disagree with the employer peacefully – this way you can count on maintaining your business reputation, the absence of serious problems in further employment and material compensation.
Illustrations: Georgy Vishnevsky