Work at the dismissal on their own. Is it possible to do without it?
Situations when working off is not required
If an employee makes a decision to quit due to some reasons, he must notify the management of this at least two weeks in advance. Usually, it is required to work out at the time of dismissal at one's own will for a period of two weeks, but in exceptional cases it is possible to do without it. For example, if the employer agrees to release the employee without working off, this dismissal will be by agreement of the parties. In some cases, the employer offers the employee compensation of wages, for example, for 4 months, and this is where they differ from the world. Another example: while on vacation or on sick leave, an employee decided that this job no longer satisfied him, submitted a letter of resignation, and the date of his dismissal would come before he went to work.Restrictions on dismissal without working for two weeks (if the employee is on sick leave or on vacation) can be only if the decision is made not by the employee, but by his employer. Testing for self-dismissal is not required also in the event that:
- the employee cannot continue further work, for example, due to retirement or for other valid reasons (enrollment in an educational institution);
- there was a violation of the rights of the employee, enshrined in the employment contract. The violation of rights must be recorded by the labor inspectorate or by the court;
- there will be a change of place of residence by an employee with a move to another city.
Dismissal on probation
If the employee made the decision to quit, when his probationary period has not expired, then working out at his own discretion will be three days. The same (3 days) working off is required if the employee leaves the seasonal work or the employment contract was signed for no more than two months.
Situations when you can withdraw a statement
In the event that an employee, during the process of working out after signing a letter of resignation, has decided not to quit, he may at any time withdraw a statement written by him.However, this can be done only if the employer has not yet managed to give this place to another employee who cannot be denied the vacancy (for example, if the employee is invited by a transfer from another organization). If working out at the time of dismissal at one's own will came to an end, and the order for dismissal never came out, the employee has the full right to continue working under the conditions stipulated by the employment contract earlier.
If the order came out, and the day of dismissal came:
- in the workbook are required to make the appropriate entry: "Fired at will";
- with the employee must make the final payment;
- they must give him a work book.
All these actions are prescribed by the Labor Code. Dismissal without working off is also described there.
Employer's liability in cases of violation of the TC
In the event of a delay in issuing a workbook, the employee has the full right to
compensation of material damage corresponding to the amount of possible earnings during the retention of this document. In the event of a delay in the calculation of an employee upon dismissal, the employer will be obliged to pay him compensation (interest) corresponding to 1/300 of the refinancing rate currently in effect.Compensation for each day of delay is charged on the full amount that is not paid on time. For an organization that did not pay on time, fines of 30,000 to 50,000 rubles are provided for, and for officials, from 1,000 to 5,000 rubles.