In modern society, only a few are employed once and for a lifetime. Dissatisfaction with the current job, opening up new prospects or personal circumstances may prompt the thought: “I want to quit my job”. The labor legislation of our country provides several grounds for terminating the relationship between the employer and the employee. These include the agreement of the parties, the termination of the contract, the initiative of one of the parties and others. This article will discuss how to quit without working two weeks.
Dates and types of working out under an employment contract
In the general case, if an employee wants to quit his job, a letter of resignation is written of his own free will. It is served two weeks before the termination of the contract. Thus, during this period you still have to fulfill your duties under the usual regime.
When the employee is the initiator of the dismissal, his interest in finding further at the current position disappears. The manager needs a two-week term so that he completes all his affairs and / or hands them over to his colleagues. An employee often needs to know how to quit without working out for two weeks. Various cases will be considered below.
Staff reduction
If the company reduces its staff, the employer is obliged to inform about this two months before the occurrence of the events in question. Strictly speaking, such a case is not a refinement. The parties to the employment relationship can say goodbye to each other before a certain date. In this case, the rest of the time that remained for the employee as unworked is paid.
Probation
How to quit work quickly? It will turn out to be done on a trial period. If a person feels that a new job is not for him, he begins to think about how to quit on probation. In this case, their intention is expressed by a letter of resignation. The employer, in turn, has the right to refuse the applicant earlier than the decision date ο further cooperation. Such a decision is drawn up by an appropriate order. Then the problem of how to quit on a trial period is quickly solved, because the period of working off is reduced to three days. The same procedure is maintained for three months from the date of signing the employment contract.
Seasonal work
As in other cases, the contract can be terminated during seasonal work on the initiative of one of the parties. The employer reports such a decision with a notice of seven days. In most cases, such a measure is applied during the reorganization of the enterprise or its complete closure. If an employee wants to quit work in season, it is necessary to notify management three days in advance.
Vacation
Many current employees are interested in the question of whether you can quit during the holidays. The answer is yes. A person can at any time express his desire to leave his current place of work. In addition, an employee can simultaneously indicate in a single application a request for paid leave and dismiss immediately after it ends. In this case, you don’t even have to go to work. The date of dismissal will correspond to the last day of vacation. However, the employer is not required to satisfy such a wish. He can refuse to grant leave, then the remaining days are recalculated in monetary compensation. If the employer himself decided to dismiss his employee, and he is on vacation, then this can be done without the consent of the latter only in case of liquidation of the legal entity. Is it possible to quit during a vacation by mutual agreement? Yes, when signing the relevant document.
Health status
From diseases that make work in the current profession impossible, no one is safe. Authorized commissions decide on the compatibility of the disease and the position being replaced. For those who are inclined to recover or do not feel within themselves the strength to pursue a career in this place, it is important to know how to quit due to health reasons.
In this case, the employee may demand the termination of the relationship of their own free will without a two-week training. No one can oblige to write such a statement. If the organization received a medical commission report ο partial disability, it should offer job options suitable for the employee. The salary in this case may be less than the current one, and even such an opportunity is not always found. There is no obligation to specifically introduce a position for the person in question.
Fixed-term employment contract
It's also worth figuring out how to quit contract work. If an employment contract is concluded for a certain period, and there is a need to terminate it earlier, then there are several reasons for this.
In particular, if the employer did not comply with its conditions, and also endangered the life or health of the employee. Such a case, for example, may be full or partial non-issuance of personal protective equipment, which are provided for by the norms. True, in such circumstances, dismissal occurs with the participation of the commission from the labor inspectorate. You can do without these difficulties.
In any case, it is necessary to rely on the terms of the contract. If it contains a clause that the employee must fully fulfill his obligations under the contract and does not have the right to transfer to another place, then he will have to fulfill it. If such a wording is omitted by default, the employee has the right to demand early dismissal.
If the position taken by a person does not correspond to his qualifications, the contract may also terminate. If the employer disagrees with this circumstance, it is necessary to contact the authorized committee, which is engaged in social and labor protection of the population.
If the contract is concluded for a period of less than two months, it can be terminated without a two-week working out. Most often this happens when the employing organization ceases to exist.
Persons entitled to not work for two weeks upon dismissal
A number of persons have the right to demand the termination of employment from the date indicated in the application, namely:
- full-time student;
- pensioner;
- a person caring for a disabled person of the first group, either a minor or a disabled child;
- a person changing his place of residence;
- Worker with a disease
- disabled;
- draftee;
- pregnant woman;
- large parent.
The indicated reasons for dismissal in the application are supported by supporting documents. As already noted, if the employer violated labor laws and such a violation was confirmed, then the contract is terminated without completion.
Decor
If, on reflection, having weighed all the pros and cons, the citizen still wants to quit his job, you need to proceed. They begin by writing a statement. It must contain the following information:
- position, surname and initials of the head to which the employee refers;
- data ο the applicant - last name, first name, middle name, position and other;
- grounds for dismissal (one of the circumstances specified in article 80 of the Labor Code);
- the date from which they are asked to be relieved of their post;
- provide data that says that there is no need for mining (discussed above);
- the attached documents (it may be necessary to confirm the circumstances of the early termination of the contract, for example, in case of dismissal due to health reasons);
- date of writing and signature of the applicant.
A strict form of application, regulated at the legislative level, does not exist. Typically, an enterprise has a form or template for a case in which the minimum necessary information is indicated. It can be expanded by additional circumstances.
How to make a voluntary resignation right? In order for the application not to be lost or not to be considered for a long time, it is recommended to register it with the personnel department or with the secretary. Then they will have to consider it, and the loss of the original will not start the chain again.
The management does not sign the statement, the procedure
Many people have come across a situation where a letter of resignation is not even accepted, they tear it, postpone it until better times, or simply the head refuses to sign the document. In this case, you should not despair. You can decide how to quit without the consent of the director.
According to the Labor Code, the permission of management or other persons is not required, the employee can resign at his own request. Usually, such an opportunity is prescribed in the employment contract itself. It is only necessary to inform ο of your intention in two weeks.
Despite the fact that voluntary dismissal is prescribed by law, some managers, as well as employees of the personnel department, either do not know him or neglect it, creating arbitrariness. So how do you quit if you don't get fired? You should always try to solve the problem peacefully - through negotiations. An employee who has lost the desire to continue to work in the current place is unlikely to be as effective as before. Therefore, most employers do not create obstacles to dismissal, or surrender after additional conversations and the arguments given by the employee.
If peace talks didn’t help
If this does not help, then follow the instructions below. First of all, you need to follow the recommendations on confirmation of receipt of the application by the organization. It is best to have two copies of it, put on your own the incoming number and date of registration.
It should be clear that the document was received by the current employer, therefore there should be a special stamp for registering incoming mail with the name of the organization. If it is not there, you must demand to write it manually. In case of refusal of registration, you can get a record ο receipt by an authorized employee of correspondence indicating his position, last name, initials, name of organization, signature and date.
In case of resistance to these actions, the application may be sent by mail. However, in such a case, confirmation of receipt of the described document is also necessary, therefore, the letter is sent by registered mail, with an inventory and notification. So the process of dismissal will be delayed, but otherwise it may take much more time to negotiate.
After receiving the application by the employing organization, the employee performs his duties in full for another two weeks, after which he can safely contact the personnel department or another authorized person for a work book and calculation.
Resolving the issue of dismissal with the help of third-party organizations
In case of refusal of dismissal of their own free will, it is necessary to contact the labor inspectorate. Subject to the procedure for submitting an application, she will write the corresponding order. The employer will be required to fulfill it, otherwise the court will oblige him to do so.
Conclusion
Changing a job or just leaving a job is always stressful. I want to get rid of him as soon as possible and start a new life. Therefore, the need to quit without working out arises quite often. For employers, in most cases, such a decision comes as a surprise, so a conflict-free and quick solution to the issue does not always occur. Each person should be ready for such a development of events, navigate labor laws and achieve satisfaction of their legitimate requirements.
The main thing is not to show aggression from the very beginning. We are all human, so you can try to explain something. Many enter the situation and do not build obstacles to dismissal from a given workplace. It is only necessary to correctly explain the situation to the employer.
Of course, if the employer flatly refuses to comply with legal requirements, then it is necessary to proceed to active measures, starting from presenting requirements to the employer and ending with an appeal to special commissions or courts. More time will be spent, but the interests of the citizen will certainly be protected.