Sometimes, due to various circumstances, you are forced to leave your job, apply for dismissal. The reasons for this can be very different: for example, moving to another city, which is related to the work of the spouse, caring for the elderly relatives, health problems that do not allow you to work in the rhythm required by your work, etc. The need to quit can arise at any moment and sometimes it is extremely difficult to convince the bosses to easily "let go" the employee. Although the employer can be understood - he also has to urgently look for a substitute, in turn, to spend time and money on training a new subordinate.
Consider the articles of the Labor Code of the Russian Federation and the Labor Code of Ukraine, helping to understand how to quit without working off.
To leave work without working off
So, Article 77 of the Labor Code of the Russian Federation and Art. 38 Labor Code of Ukraine states that the employment contract can be annulled on the initiative of the employee. The latter, in turn, has the right to apply for dismissal, having warned his superior in writing not later than two weeks before the required date of dismissal. The flow of the above 2 weeks begins on the day following the day after the employer has received from you an application for dismissal.
An employee may be dismissed on the day of filing an application after the agreement reached. In order to avoid violations of the above articles, you need to take into account that the date of your dismissal on the application with the date of writing your application for resignation from work must coincide. And on the account of whether it is possible to quit without working off, there is an implicit rule that it is not only the duty of the employee, but also his right, to work for two weeks. But in accordance with the fourth part of Article 80 of the Labor Code of the Russian Federation and Art. 42 of the Labor Code of Ukraine, you can withdraw your application before the end of the term concerning the dismissal notice.
Article 80 of the RF Customs Code also provides for the possibility of your dismissal on time, which is specified in the application, in the event that your further continuation of work is impossible for valid reasons:
- You are retiring.
- Enrollment in any educational institution.
- If an employer has established a violation of labor law.
- Other reasons.
"Other reasons" as such have no clear legislative basis, but they are referred to:
- Moving you to another locality.
- Transfer your spouse to work in another city (but you need to confirm this with a certificate of transfer from the workplace of the spouse).
- Referral of spouse to work abroad.
- Moving to a new place of residence (you need to confirm, for example, a passport with a note on the discharge).
- Impossibility of residing in the given locality (to confirm with the medical conclusion).
- The presence of a disease that prevents the continuation of your work (also need medical confirmation).
- Care of a child before reaching the age of 14 years old or a child with a disability.
- Dismissal at will, if you belong to a group of pensioners or invalids.
- Care for a sick member of your family or an invalid of the 1st group (to confirm with medical conclusion).
- Dismissal of pregnant women and mothers who have children under 14 years of age.
- Dismissal of parents who have three or more dependent children under the age of 16, and students who have not reached the age of 18
years. - Competitive admission to work (this is confirmed by the necessary document, indicating your enrollment for this work by the competition)
In conclusion, it should be noted that regardless of the terms of termination of your employment contract, you may be subject to all obligations that are fixed in the labor law. The best, acceptable for you, the option of dismissal without working off, will be if the chief can understand your situation and will be signed dismissal by agreement of the parties.