Termination of an employment contract on the initiative of an employee of the Russian Federation. In what cases does an employee have the right to terminate an employment contract? Conditions for full termination of an employment contract at the initiative of an employee

Termination employment contract at the request of an employee of the company, it is included in the dismissal process on its own initiative. The employee must submit such an application at least 14 days before the expected day of leaving.

Termination of employment contracts at the request of a subordinate: grounds

The labor agreement is always drawn up in a written format and signed by both parties - the subordinate and the boss. It prescribes obligations and rights:

the employee undertakes to perform the work provided in accordance with the requirements of the manager and be responsible for the performance of duties, to obey the rules of the company;
the employer undertakes to provide the subordinate with activities, timely pay wages and create acceptable working conditions.

Every employee has the right to terminate the contractual agreement in the following circumstances:

Reason # 1. The subordinate enters any educational institution.
Reason # 2. Offensive retirement age.
Reason number 3. Moving to another place of residence (city, country).
Reason number 4. Breaking the rules labor legislation RF employer.
Reason number 5. Deterioration of the employee's health, detection of a serious illness, disability.
Reason number 6. Change of ownership of the company (if new employer does not suit for one reason or another).
Reason number 7. Employer creation of worse conditions labor activity.
Reason number 8. The company moves to another place, but the employee is not satisfied with this.

If the employee interrupts the written agreement for the above factors, he has every right not to finalize for 2 weeks. If the working period is set, then during this time the employee may change his mind and stay to work. But only in a situation where the vacant position has not yet been approved new person... On the day of calculation, the subordinate receives labor, all payments (salary, vacation funds, etc.) and the required documents.

Conditions for full termination of an employment contract at the initiative of an employee

The main requirement for dismissal from the company at will is the notification of management 14 days at least before the date of calculation. Prevention is necessary both for the leader and for the person himself. During this period, the manager must find a replacement for the employee, and the employee during this period can change his decision. Other conditions include the following:

you need to submit an appropriate application in the form of a letter;
the employer is obliged to draw up an order to terminate the contract;
the employee must be familiarized with the order (if it is impossible to implement this or the refusal of the citizen, a certain record is made);
registration of an entry with calculations;
mark in personal file employee.

In the Labor Code Russian Federation Art. 80 clearly spelled out the conditions and time for the employee to notify the manager of the termination of the TD. Usually it is 2 weeks, but there are exceptions, depending on the profession, the specifics of the work and the position held:

with seasonal employment, a 2-month document conclusion or in the case when a person is on a probationary period, an application is allowed to be submitted three days before the date of dismissal;
if an employee leaves a managerial position, he is obliged to notify the owner of the company 30 days in advance;
when working in religious organizations or with individual entrepreneurs, the legal warning periods do not apply, since they are established in individually;
terms can be reduced to subordinates under specific circumstances specified in the Labor Code of Russia.

If all parties voluntarily decide to cancel the employment contract (TD) in the desired period, then the application can be written on any day.

How to terminate an employment contract correctly (video)

You can find out about article 80 of the Labor Code of the Russian Federation and the requirements for terminating an agreement at the initiative of an employee from the video provided to your attention:

Termination of a fixed-term employment contract at the request of the employee

Fixed-term contract labor involves its compilation for a certain period of activity. For example, for several weeks or months, but not more than 5 years. This happens during seasonal work, for elective positions, in the case when it is necessary to replace a person for a while (if maternity leave, serious illness, etc.).

Features of termination of a fixed-term employment contract:

If the contract is drawn up for 3 or more months, then for termination the employee must submit a warning application 14 days before the settlement date.
With a 2-month contractual document, it is permissible to notify the employer 3 days in advance.
If the management agrees, then you can resign at any convenient day. The reason for this should be as valid as possible.

Termination of TD by an employee during a probationary period

If a citizen is employed probation, then in order to terminate the TD with the company, he must submit a warning letter of application within three days. At the same time, proceeding from Art. 71 of the Labor Code of the Russian Federation, part 4, the worker is not obliged to explain the reason for the termination of the contract.

In fact, there can be many reasons. For example, an employee is not satisfied with the working conditions, he did not work well with the team, he does not like the attitude of the management, he cannot cope with his job responsibilities etc.

The procedure for terminating the TD on the initiative of a subordinate

As mentioned above, a citizen is obliged to submit a letter of application, which the management undertakes to register.
The employee's application is considered by the personnel officials and directly by the employer.
A dismissal order is being prepared. It is made on a special form (unified form "T-8"). This form must be approved by the decree of the State. Committee of Statistics entitled "Approval of the form of a unified type of the first accounting documents for work and payment." The act must contain: the number of the created order, the date of publication, personal information about the worker, the position he occupies and the reason for leaving. It is imperative to indicate the time of work and the date of the final dismissal.
Further, the employer signs the act, and the quitting employee studies the order and puts his own signature in a special journal.
After that, the document is transferred to the "Accounting" department for drawing up a note-calculation with the accruals due for the citizen.
The work book records information about the dismissal, which corresponds to the definitions of the Labor Code of Russia.
Strictly on the last working day, a resigning citizen is issued employment history, certificate of income for the last 24 months (according to the approved form) and cash... Payments are made on the basis of Art. 84 p. 1 of the Labor Code of the Russian Federation. The accruals should include wages, vacation payments (if the vacation was not used) and, if necessary, compensation.

If the resigning citizen was unable to leave on the last day (went to the hospital, etc.), then the head of the company must send him a notification indicating the time and date of receipt of the above documents and funds.

How to issue a dismissal of your own free will (video)

You can learn more about the features of terminating the contract at the request of the employee from the following video:

Employer Notice

In order to notify your employer about the calculation, you must write an application with your own hand. This does not require special forms and forms. This is not provided for by the TC. It is permissible to write a statement in any form on an A4 sheet of paper with a regular pen with blue or black ink.

In the "header" of the application, the name of the enterprise, full name of the owner of the enterprise must be indicated. As well as your own data, position. Slightly below, strictly in the center, you need to write "Statement". Further, "I ask you to fire ..." with an indication of the reason and date of calculation. At the bottom, be sure to sign and put the date of submission of the document. If you do not want or do not have the opportunity for health reasons to work out the appointed time, be sure to indicate this in the application.

The application applies personally to the personnel department or can be sent by mail. If you refer it yourself, then be sure to make a copy on which the employee of the personnel department must sign the acceptance of the document. If you send it by mail, then fill out the letter in the form of a registered one or with a notification.

This is necessary to avoid trouble. After all, it is not always known with certainty whether the manager will agree to fire you. He can refuse on the grounds that the application has not been received. For the same purposes, it is important to draw up and submit an application in accordance with the rules of the country's legislation.

Each manager has the right to put his own date in the resolution when signing the resignation document. Pay attention to this in a timely manner!

Preparation of documents

After submitting the application letter at the initiative of the employee, the management undertakes to prepare the following documents:

Order-resolution on the dismissal process.
Certificate of contributions to the insurance policy during work in this organization.
Certificate of the amount wages over the past two years.
Certificate of the duration of employment in the company.
Employment book with information about the dismissal.

The order in strict order must be created according to the generally accepted model, which was mentioned above. It contains all the information from the application provided to the subordinate and a link to Art. 77, part 1, paragraph 3 of the Labor Code of the Russian Federation. At the end, the signature of the manager and the resigning employee is put.

Calculation - features

The settlement process of a resigning citizen should be carried out on a general basis, taking into account the Labor Code of Russia. Termination of the employee's activity entails certain payments:

Amount earned for work, including the last working day... If there was a debt on remuneration, the manager is obliged to pay it off in full.
Vacation payments... The full amount of vacation pay is accrued only if the employee has not used vacation in the current year. It also happens that the vacation is used in advance. In this case, the accountant makes a recalculation, as a result of which a certain amount is withheld from the dismissing employee.
Compensation payments are carried out only in situations where the reason for the settlement on the initiative of the employee was a change in working conditions, etc. This clause must be spelled out in the original contract. The amount of compensation is determined on an individual level and is always agreed with the employee.

Calculation with former employee should be done at the time of leaving or no later than the next day.

Return of the work book

Employment documentation must include information about dismissal. It is filled in on the last shift of the resigning person. Recordings are carried out on the basis of the corresponding "Decree of the Ministry of Labor" No. 69 (November 2003). But also taking into account the Instructions for the preparation of forms. The registration of the entry looks like this:

column one - record number;
the second column is the date of dismissal;
column three - the reason for calculating a person on the basis of a certain article of the Labor Law with information about the person providing the job;
section four - information about the application letter, thanks to which the employee leaves.

FAQ

Is working off a necessity?

This question is quite sensitive, because the result directly depends on the current situation. Based on Art. 80 h. 3, a resigning person is not obliged to work out 14 days. But at the same time, he must warn the management in advance about the possibility of dismissal. This is required by the same article of the Labor Code.

First of all, this is necessary for the manager, since it is important to find a replacement for the employee. To bypass working off, you need to indicate in the application document on dismissal the appropriate reason because of which the urgency of the dismissal is required.

In this capacity, there may be a deteriorating state of health, retirement, a violation labor rights silt or deterioration of working conditions by management. Only in this case, dismissal without working off is possible.

What to do if a person changes his mind about paying?

Article 80 part 4 assumes: if the calculation is initiated by the employee and at the same time the boss has no complaints against him (does not seek dismissal), then the subordinate has the right to cancel the application. The worker can recall it during the working period, up to the last working hour.

For this, another statement is being written, which will refute the previous one. This is only possible when the manager has not yet recruited a new subordinate. There are situations when a person first goes on vacation and immediately quits. This situation assumes that a change in the decision is possible in the period until the day of the official leave begins.

What if the employer does not want to fire (let go)?

Yes, it happens. To prevent this, it is important to record the submission of the application. That is, when submitting it to the personnel department, a copy must be made and signed by an authorized person. In this case, the owner of the company will not be able to retain the employee after 2 weeks of work.

If he still resists, you can safely go to court or Labor inspection... The reason may be, for example, that you are already expected at new job... There can be many reasons. The main thing is to know that the management has no right to detain an employee by force.

Knowing all the subtleties of terminating an employment contract by subordinates, observing all the requirements and conditions of the law, you can safely count on a positive result of dismissal. Remember that the law of the Russian Federation provides for the degree of protection for each employee.

Labor Code of the Russian Federation:

Article 80 of the Labor Code of the Russian Federation. Termination of the employment contract at the initiative of the employee (by on their own)

The employee has the right to terminate the employment contract by notifying the employer about this in writing not later than two weeks, unless another period is established by this Code or other federal law. The course of the specified period begins on the next day after the employer receives the employee's letter of resignation.

By agreement between the employee and the employer, the employment contract may be terminated even before the expiry of the notice of dismissal.

In cases where the employee's application for dismissal on his initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, collective bargaining agreements, agreements or labor contracts, the employer is obliged to terminate the employment contract within the period specified in the employee's statement.

Before the expiry of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not made, unless another employee is invited in his place in writing, to whom, in accordance with this Code and other federal laws may not be refused to conclude an employment contract.

Upon expiration of the term of the notice of dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee with a work book or provide information about labor activity (this Code) with this employer, issue other documents related to the work, upon a written application from the employee, and make a final settlement with him.

If, after the expiry of the notice of dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Return to the table of contents of the document: Labor Code of the Russian Federation in the current edition

Comments on Article 80 of the Labor Code of the Russian Federation, judicial practice of application

Article 80 of the Labor Code of the Russian Federation establishes a general (uniform) procedure and conditions for termination, on the initiative of an employee, of both a fixed-term employment contract and an employment contract concluded for an indefinite period. The employee's right to terminate the employment contract before the expiration of its validity period on his own initiative is not related to the availability of good reason... The employee has the right to terminate at his own request any employment contract at any time. He is only obliged to notify the employer about this in writing no later than For two weeks.

Other terms of warning the employer about dismissal

The employee has the right to terminate the employment contract by notifying the employer in writing not later than two weeks in advance. The following norms of the Labor Code of the Russian Federation establish other periods of notice of dismissal:

. Test result when applying for a job... If, during the trial period, the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request, notifying the employer about this in writing for three days.
. Early termination of an employment contract at the initiative of the head of the organization... The head of the organization has the right to terminate the employment contract ahead of schedule, notifying the employer (owner of the organization's property, his representative) in writing no later than one month.
. Termination of an employment contract... An employee who has entered into an employment contract for up to two months is obliged to notify the employer in writing about three calendar days O early termination labor contract.
. Termination of an employment contract with seasonal workers... An employee engaged in seasonal work is obliged to notify the employer in writing about the early termination of the employment contract for three calendar days.
. Termination of an employment contract (with an employee working for an employer - natural person) ... Terms of notice of dismissal, as well as cases and amounts of severance pay paid upon termination of an employment contract and others compensation payments are determined labor contract.
. Features of termination of an employment contract with an athlete, with a coach... An athlete, a coach have the right to terminate an employment contract on their own initiative (at their own request), notifying the employer about this in writing no later than one month, unless the employment contract is concluded for a period of less than four months.

Written letter of resignation is required... An employee's oral statement on termination of an employment contract cannot be the basis for the employer to issue a corresponding order of dismissal

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration the deadline warnings. It should be borne in mind that in this case the basis for dismissal will be the employee's own desire, and not the agreement of the parties, provided for in paragraph 1 of Part 1 of Art. 77 of the Labor Code of the Russian Federation.

Clarifications of the Supreme Court of the Russian Federation

In clause 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation Labor Code Russian Federation "contains the following clarifications:

Termination of an employment contract at the initiative of an employee

When considering disputes on termination of an employment contract concluded for an indefinite period, as well as a fixed-term employment contract (clause 3 of part one of Article 77, Article 80 of the Labor Code of the Russian Federation), the courts need to keep in mind the following:

a) termination of the employment contract on the initiative of the employee is permissible in the case when the submission of the application for dismissal was his voluntary expression of will. If the plaintiff claims that the employer forced him to file a resignation letter of his own free will, then this circumstance is subject to verification and the obligation to prove it rests with the employee;
b) the employment contract may be terminated on the initiative of the employee and before the expiration of the two-week notice period for dismissal by agreement between the employee and the employer.
c) based on the content of part four of Article 80 and part four of Article 127 of the Labor Code of the Russian Federation, an employee who warned the employer about termination of the employment contract is entitled before the expiration of the warning period (and when granting leave from subsequent dismissal- before the day of the start of the vacation) withdraw your application, and dismissal in this case is not made, provided that another employee is not invited in his place in writing ... (for more details, see paragraph 22 of the Resolution).

Positions of the Constitutional Court of the Russian Federation

Part 1 of Art. 80 of the Labor Code of the Russian Federation on the possibility of an employee to quit at any time does not contradict the Constitution

Having provided in part one of Article 80 of the Labor Code of the Russian Federation the opportunity for an employee to resign at any time on his own initiative and having established the only requirement - to notify the employer about this no later than two weeks in advance, the federal legislator created a legal mechanism to ensure the implementation of the right of citizens to free disposal of their abilities for work. In addition, in order to maximally take into account the interests of employees, part four of the same article grants the employee the right to withdraw his application before the expiration of the notice of dismissal (unless another employee is invited in his place in writing, who cannot be refused to conclude an employment contract).

Wherein Supreme Court Of the Russian Federation in the Resolution of the Plenum of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" indicates the need for courts to check when considering disputes on termination of an employment contract on the initiative of an employee of the statement about the absence of a voluntary expression of the employee's will to dismiss (subparagraph "a "paragraph 22).

Thus, the indicated legal regulation is aimed at protecting the labor rights of workers and cannot be considered as violating the constitutional rights of the applicant (definition The Constitutional Court RF dated 20.11.2014 N 2577-O)

Part 3 of Art. 80 of the Labor Code of the Russian Federation on the possibility of an employee to quit at any time if the employer violates the law does not contradict the Constitution

Part three of Article 80 of the Labor Code of the Russian Federation provides the employee with the opportunity to terminate labor Relations within a period chosen by him / her in the event that the employer violates the requirements of labor laws, regulations and other regulatory legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract; this norm is of a guarantee nature and in itself cannot be regarded as violating any constitutional rights of citizens (definition of the Constitutional Court of the Russian Federation of 06/23/2015 N 1242-О)

Part 3 of Art. 80 of the Labor Code of the Russian Federation on the possibility of an employee to quit at any time in case of retirement does not contradict the Constitution

The Labor Code of the Russian Federation provides for the right of the employee to terminate the employment contract with the employer, notifying him of this in advance in writing. At the same time, as previously noted by the Constitutional Court of the Russian Federation, the requirement addressed to the employee to warn the employer about his dismissal, according to general rule, no later than two weeks (part one of Article 80 of the Labor Code of the Russian Federation) is due to the need to provide the employer with the opportunity to promptly select a new employee for the vacant position, and the employee's right, enshrined in part four of the same article, to withdraw his application before the expiration of the notice of dismissal (if his place is not invited in writing by another employee who cannot be refused to conclude an employment contract) is aimed at protecting the employee's labor rights (definitions of January 25, 2007 N 131-O-O and of March 22, 2011 N 297-O- O).

In the exception of general rule on the need to work two weeks from the moment of filing an application for dismissal of his own free will, part three of Article 80 of the Labor Code of the Russian Federation obliges the employer to terminate the employment contract within the period specified in the employee's application, if the dismissal is due to the impossibility of continuing work (enrollment in an educational organization, retirement and other cases).

Thus, the contested legal provision, allowing to determine the date of dismissal in the letter of dismissal of their own free will, acts as an additional guarantee for persons wishing to leave work in connection with retirement, is aimed at taking into account their interests as much as possible in a situation where it is impossible for them to continue working, and does not violate the constitutional rights of the applicant (determination of the Constitutional Court of the Russian Federation of 03.07.2014 N 1487-О)

Termination of an employment contract means the dismissal of an employee from his position. It is during dismissal that violations of the law often occur. And the employee is forced to use one or more methods.

We propose to consider how and under what circumstances the termination of an employment contract is carried out. What you need to know when leaving, and how to do it right.

Grounds for termination of an employment contract

The labor legislation provides for the following grounds for termination of employment:

employee initiative
employer-employee agreement
employer's initiative
expiration of an employment agreement
with the consent of the employee
refusal of an employee to continue working due to changes in working conditions
refusal to transfer to another job due to the employee's health
violation of the law when entering into an employment agreement
circumstances beyond the control of the parties
refusal to move to another area with the employer
refusal to continue working due to a change in the owner of the organization, a change in jurisdiction, type of institution, etc.

The employer is responsible for entering accurate information on the grounds for termination (termination). In case of violation, you can contact with.

The procedure for terminating an employment contract

Upon termination of the employment contract, the employer issues an order (order) to dismiss a specific employee. The order indicates his number and date of publication, the full surname, name and patronymic of the employee, the full name of the position he holds, the grounds for dismissal with reference to a specific norm of the Labor Code of the Russian Federation.

The order indicates the date of the employee's dismissal. The date of issue of the order and the date of dismissal of the employee may not coincide. That is, an order can be issued to dismiss an employee today, but tomorrow. On the date of dismissal, the employee must work full time.

The order is made in writing, signed by the head. It is handed over to the employee for review against signature. In situations where the employee refuses to familiarize themselves, an appropriate one is drawn up.

On the last working day, the employer makes a full settlement with the employee and issues him a work book with a note of dismissal. If on the day of his dismissal the employee did not appear for his documents, a message is sent to him about the need to obtain them. An employee who has not received documents in a timely manner can apply to. In this case, the employer must issue documents within three days.

An employee working under a fixed-term employment contract, the employer sends a written letter three days before dismissal.

Last changes: January 2020

The parties to the employment relationship have the right to conclude contract of employment and terminate it at your sole discretion. Every employed citizen can terminate labor contract, acting in a strictly defined order. Termination of an employment contract on the initiative of an employee is governed by the provisions of Articles 77 and 80 of the Labor Code of the Russian Federation, other legislative norms establishing the sequence of actions upon dismissal.

General provisions of the law

Regardless of whether the contract (hereinafter referred to as TD) is unlimited or urgent, an employed citizen has the right to apply to the employer with a request to terminate the employment relationship. A description of actions to terminate the contract at the request of a person is given in Art. 77 (paragraph 3) and Art. 80 of the main labor legislation. Thus, a single sequence of steps is established when registering a separation between an employee and an employer.

By allowing the termination of an employment contract on the initiative of an employee, the law does not limit the rights of employees working on a temporary or perpetual contract, without requiring them to disclose the reasons for dismissal. It is enough to have good will and inform the administration about it in advance. Depending on the circumstances, preliminary notification of leaving is done 2 weeks or 1 month in advance (according to Art.280 of the Labor Code of the Russian Federation), if the resigning citizen holds a leading position at the enterprise.

The notification period can be shortened if the person is on probation. According to Part 4 of Art. 71, 3 days are given for notification. A similar period is set for notifying the employer for seasonal employment or short-term contracts no more than 2 months (Art. 292 and Art. 296).

The period required for warning when hired by an individual, according to Part 2 of Art. 307, may be more and less than 2 weeks if this is established by the paragraphs of the prisoner TD.

Grounds for termination if the contract is urgent

When an employee works on the basis of an open-ended contract, the reasons for termination will be the expression of the will of one of the parties to the contract, or a mutual decision (by agreement of the parties).

If concluded fixed-term contract for a specific period of time, the termination of the temporary employment contract may occur under the following circumstances:

End of the contract period.
Early exit for the work of a person whose duties he performed temporary worker.
Completion of scope or end of season.
Homecoming (for foreign workers).
The grounds given in Art. 59 TC.

If, 3 days before the end of the work activity, the employer has not notified of the termination of the fixed-term employment contract, in accordance with Art. 79, the contract becomes indefinite.

The procedure for terminating an employment contract on the initiative of an employee

The execution of the termination of the contract does not present any difficulties. On the part of the hired employee, only a correctly drawn up statement and control over the employer's compliance with the norms established by law are required.

Briefly, the stages of terminating a TD are represented by the following steps:

Submission of an application to the management for approval. The administration does not have the right to prohibit resignation, however, it can agree on the duration of work from the moment of filing an application within 2 weeks.
During the period of working off, the person continues to perform work duties, and the enterprise solves personnel issues with the replacement of a new employee.
On the last day of work, the employee receives the last settlement funds - the salary for the last period and compensation for the accumulated, but not part-timed, vacation days.
Acquaintance with the order and signature on acquaintance.
Making the last entry in the labor book and handing out the book with reference to Art. 77 TC.

Any deviation from the procedure is a violation of the law and entails liability. For example, if you do not extradite labor worker has the right to file a claim with the court demanding to recover payment of compensation for each missed day.

Application form

The basis for starting the TD termination procedure is a written statement written personally by the employee. No verbal agreement is a sufficient basis for termination of the contract.

The application is drawn up according to the approved template and contains the following structure:

information about the manager in whose name the application is being submitted;
personal information about the retiring employee and the position held;
in the main part, they express a desire to voluntarily terminate the employment relationship with an indication of the last working day (taking into account the proposed work);
date and signature at the bottom of the document with a transcript of the signature.

The application is submitted to the management for consideration, and after receiving the approval visa, an internal personnel order is prepared on the basis of the document. (Form T-8)

What is given out upon dismissal

When leaving, the employee, at his request, is given a package of papers confirming the fact of his labor activity during a certain period at a specific enterprise:

copy;
other internal orders, including transfer, promotion, bonuses;
a certificate from the accounting department in the form of 2-NDFL and in the form of the enterprise, drawn up in accordance with the order of the Ministry of Labor of the Russian Federation No. 182n;
work book with the last record of the dismissal.

When agreeing on the terms of termination of the TD, the duration of working off and its necessity play an important role. As a rule, the parties agree in advance about the need for working off, or refuse it by mutual agreement, on the basis of the documentation in force at the enterprise and the standards of the Labor Code.

Is working out required

The procedure for terminating a contract with an employer on the initiative of an employee involves working off. A two-week period is a standard amount of work, which allows you to prepare in advance for the departure of an employee, arrange for his replacement and pay due compensation.

However, it must be remembered that the TC considers 2 weeks as the minimum period, and if a different period is mentioned in the company's internal regulations, they proceed from the provisions adopted in the organization.

Upon receipt of an application from hired personnel, the employer is not authorized to cancel the termination of the TD, however, it may affect the appointment of the separation date. The last day of work may come earlier than 2 weeks if the parties come to the general conclusion that working off is not required.

When the employment contract is terminated, personnel service and the accounting department is obliged to prepare in a timely manner estimated payment and return personal documents with prepared certificates.

When is working off optional?

Depending on the personal circumstances of the employee and the employer's willingness to release the specialist before the expiration date, it is allowed to avoid working off by agreement of the parties. The basis for issuing the relevant personnel order will become the management resolution on the application form.

Situations in which dismissal is possible immediately after receiving a written application are provided for by Article 80 of the Labor Code of the Russian Federation:

Personal objective circumstances of the employee in which further work impossible. This can be enrollment in a university, military service, reaching retirement age.
Violations of the norms of the Labor Code by the employer, as well as non-compliance by the latter with the internal regulations of the organization, the collective agreement, the provisions of the TD.

Separation from the employer on the personal initiative of the hired specialist is often practiced as a reliable way to avoid possible subsequent claims from the employee. It is important to remember that the application must be submitted by a person solely at his own request, without coercion. In the event that a person changes his mind about resigning during the term of the service, he has the right to do this before the dismissal is legally formalized.

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