There are moments in life when circumstances appear on the horizon that make one decide not to stay at a given place of work, but to urgently prepare for a conversation with superiors about an early dismissal. How to quit one day? Possible questions on this topic will be discussed below.
Standard rules
The employment contract most often stipulates that before leaving your workplace, you must work at least two weeks. Such a legal claim may take place in a particular situation, but this rule can be circumvented. There are certain reasons for which mining is not required. The labor legislation contains the necessary information about whether it is possible to quit one day and what is needed for this.
It is worth considering some situations when an employee has the right to leave at his own request without working out the required hours.
Resignation statement
In order to avoid two weeks of work before leaving, you can do the following:
- write a statement before going on a well-deserved vacation, so the vacation time will be counted into working hours;
- paper is written during maternity leave, which also guarantees dismissal without the prescribed two weeks of work;
- being on the sick leave, you draw up a dismissal, while the treatment days become days of working off;
An exceptional case is the dismissal of an employee of his own free will in connection with periodic non-payments - when you want a speedy “release” from an unconscious employer, and the law speaks of working out.
In this case, it is recommended to refer to the requirements of Article 142 of the Labor Code of the Russian Federation, which states that if you fail to pay more than 15 consecutive days, the employee has the right to provide the manager with a statement on the suspension of work due to non-payment of wages. How to quit one day without working out under such conditions? Simultaneously submit two applications: on suspension of work and on dismissal. At the same time, you can not go out on your shift. Most often, payment is required through the courts, and the employer himself understands that in such a situation he does not have the right to apply any sanctions.
We write by example
A correctly written statement ensures that management signs it. To qualify for dismissal without practicing, you must specify the following information in it:
- in the “header” of the profile must be indicated the initials and surname of the authorized person who accepts such documents;
- name of the firm or company of the employer;
- data of the resigning employee, his position, structural unit (if any);
- The text of the statement in which the request is written: relieve from duty from a specific date, without working out. Why did the employee decide to quit one day (reasons and circumstances), a list of documents confirming the legality of the shortened procedure, or details of the agreement between the parties;
- The date of writing, signature and its decoding are indicated.
To avoid additional questions, it is recommended to write a statement on the company letterhead. If this is not available, on an ordinary A4 white sheet.
Force Majeure
The decision to leave is not always comprehended for months or weeks. Sometimes sudden circumstances force one to make a decision quickly, without hesitation. In cases where, for example, a child or relative falls ill, which provides for long-term courtship and guardianship, which is impossible with a full return to the work process. Force majeure is a good reason for dismissal without practicing, but by agreement with the head. If you refuse such a request, you can appeal the decision of the employer in court.
The right approach to business
Many are interested in whether it is possible to quit one day without working out? Yes, it is possible, but you need to correctly approach the preparation of the statement. It is important to indicate in it a request to dismiss a certain number, excluding working off, be sure to discuss the reason for exemption from it (the beginning of studies at a university, retirement, violation by the head of the contract or any clause of the law, etc.). Good reasons may be a change of place of residence, place of work of the spouse, caring for young children or sick relatives, the desire of a woman in a position to stop working due to health reasons.
New perspectives
Getting a new position higher than the previous one at another place of work is not considered a good reason for exemption from work, but the right approach and agreement with the manager will help in quickly and peacefully solving the problem. There is no guarantee that the director of the enterprise will meet the employee and agree with his “I want to quit one day!”. No one wants to lose a valuable employee. In addition, it takes time to find another specialist in the place of the departing.
But it’s worth a try, in some cases a three-day period is set, which is enough to settle all the disagreements. Such a minimum period is given for temporary employees on probation, seasonal workers. This is spelled out in Art. 292 TC.
Employee Obligations
As mentioned above, quitting the law within one day is real. And practiced in modern life. But there are a number of specific actions that should not be neglected:
- notification of management of upcoming departure from 2 weeks before the day of dismissal;
- take with you a work book accompanying it full calculation, including salary for hours worked, vacation compensation, severance pay (provided in some cases, may be indicated in the collective agreement).
How to quit one day according to the law? Without conflict, this can be done by evaluating correctly your situation, the reason why such an urgent need arose, and in conjunction with the human factor - understanding of higher-ranking individuals. By writing a statement in the morning, in the evening with a work book you can safely leave your workplace forever.
Judicial decision
Consider another option of misunderstanding between the management and the employee, when all legal grounds are available for dismissal without working out, and the employer refuses to fulfill his duties and insists on the contrary. Then how to quit in 1 day?
Most often, in order to avoid another “headache” and disputes with superiors, the employee silently fulfills the specified period and leaves the place of his activity. But the more determined choose the fight against unconscious employers and sue them.
The main negative side of this choice is temporary uncertainty. Litigation can last weeks, months, or even a year. This inconvenience most often does not suit opponents and the search for the terms of a peace agreement begins.
The employee should also make concessions and propose in his place another specialist who will soon be able to begin to perform duties. In most cases, this option is suitable for managers, and the dispute is resolved by itself. In other circumstances, you will have to wait for a court decision.
Exceptional Cases
To date, the list of special circumstances that may contribute to approving the dismissal of an employee without working out is expanding. Frequently encountered situations are officially noted in labor legislation:
- written agreement of the parties (Article 77 of the Labor Code);
- admission to an educational institution, which gives the right to dismiss on the eve of September 1 before the start of the school year. A leaving person needs a certificate confirming admission to the university;
- achievement of retirement age, refusal to extend the contract and labor relations by the employee;
- a conflict arising from a violation of labor law;
- insult or abuse of authority by an authority in relation to an employee;
- periodic delay in wages, maternity allowance, sick leave, etc .;
- ignoring the needs of the worker in equipping his workplace, which impedes the fulfillment of his duties in full force;
- personal circumstances, as evidenced by relevant documents;
- moving an employee, his spouse or spouse to another city / country, which also requires documentary evidence;
- deterioration of health, which makes it difficult to work, and medical certificates are also required;
- the presence of children under 14 years old, as well as being dependent on more than three children under the age of 16 years;
- the emergence of the need to care for a disabled person;
- pregnancy.
How to quit one day? It is recommended to collect all the necessary information. It is important that the presence of a woman’s abdomen cannot be evidence of her pregnancy. The manual will require written confirmation with all associated stamps and signatures. If all the documents are in order, then the authorities will have no idea to argue and leave the person to work out.