How to quit without working off two weeks life hacks from a lawyer

The Labor Code provides for dismissal at the employee’s initiative, i.e. at his own request. The resignation letter is written in any form, indicating the date and reason for dismissal. The reason for dismissal is not required to be included in the letter, but it is important if there are grounds for dismissal without working off the notice period.

An employee is required to notify the employer of the upcoming departure in writing two weeks in advance. This is necessary to find a new employee, consistently transfer cases, complete a project or conduct an audit if the person leaving was financially responsible.

Is it possible to quit without working out the notice period by mutual agreement?

The most common option for dismissal without working off is an agreement with the employer. Thus, by agreement of the parties, the employment contract can be terminated at any time before the expiration of the working off period. In this case, an mexico email lead application for termination of the employment contract is written with the wording “by agreement of the parties” and the date of dismissal.

Can I not work if I have a good reason?

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If the employee is unable to continue working, the employer is obliged to terminate the employment contract within the period specified by the employee. Article 80 of the Labor Code of the Russian Federation does not limit the list of reasons for dismissal without working off. It only indicates that such reasons may be enrollment in an educational ge lists institution, retirement or other reasons (for example, when changing place of residence or for childcare, including for health reasons).

Also, due to the impossibility of continuing work, a pregnant woman has the right to quit without working out her notice, as well as a parent, due to the need to care for a child under 14 years of age.

Is it necessary to work off violations on the part of the company?

You can leave without working off your notice if the employer has violated labor laws, local regulations, collective agreement, agreement or employment contract in relation to the employee. In this case, it is important that the violation is established by an authorized body (court, trade union or labor inspectorate). In the absence of a trade union, it is easier to deal with the labor inspectorate, which acts on the employee’s application. In this case, it either requests the necessary documents from the employer or comes to the office for an inspection. Having found violations, the inspectorate will issue an order to eliminate them. If this is not done within the specified time, the company will be punished by law. After discovering violations, you have the opportunity to quit without working off your notice. It is better to file a lawsuit with a lawyer, whose services will subsequently be paid for by the losing party.

If the employer delays the payment of wages for more than 15 days, then the employee has the right to suspend work and write a statement on the suspension of work, as well as a statement of dismissal. If the suspension lasts more than 14 days, then it is not necessary to work for two weeks. The period of suspension of work is considered as days worked.

 

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