In order to leave work with minimal losses, it is necessary to think over this process in advance. It is advisable to leave voluntarily. This is the least troublesome option. But it has its own nuances. Citizens, faced with these, do not know how to behave. For example, with practicing. What is a 2-week dismissal? How to consider it? But to avoid? Answers to all these questions and not only will be presented below. In reality, everything is simpler than it seems.
Definition
How to consider dismissal with a 2-week working time? First of all, you need to understand what is at stake.
Let's start by defining the term mining. This is the name given to the time allotted to a person for work in the company after notification of departure. During this period, the employer can find a replacement for the outgoing staff, and the potential dismissed one can earn.
Mining is fully paid. It can be avoided, the main thing is to know how to act in one case or another.
Duty or right
Work out for 2 weeks upon dismissal - is it the obligation of each dismissed or his right? To give the most accurate answer, you must turn to the Labor Code of the Russian Federation.
It states that citizens should notify their superiors in advance of their intentions to leave work. Namely, 14 days before the expected date of departure. After notification, mining begins.
But it, as already mentioned, can be avoided. Sometimes completely, sometimes partially. In fact, this is a duty, but it has many indulgences and ways to get around officially.
How to count?
How to consider dismissal with a 2-week working time? To clarify the answer to this question, you must again turn to the Labor Code of the Russian Federation.
According to the law, it is necessary to start working off the next day after notification of resignation from the previous place of employment.
About the day of dismissal
Has it been working out for 2 weeks? What is dismissal day? Not every employed person understands when exactly he can not come back to his former place of work.
The day of dismissal is considered to be the last working day. That is, the end of practicing the time allotted by law.
Work leaving procedure
What else do you need to know for every working citizen? All subordinates are protected by the Labor Code of the Russian Federation. And therefore, the dismissal procedure must comply with the rules thereof. The exception is officially unemployed. They are not given any guarantees or protection.
As already mentioned, the easiest solution is to leave the previous place of work at the request of the employee. Under such circumstances, you will need:
- Make a notice of the established sample. How to do this is described below.
- Notify your employer of the decision.
- Work out the time prescribed by law.
- On the last day of mining, sign a dismissal order, receive a calculation and the required documents.
- Sign in accounting books.
- Get a calculation for the hours worked.
After that, a citizen is considered to be expelled from the staff. There is nothing difficult or incomprehensible in the procedure.
What should they give?
How to consider dismissal with a 2-week working-off, understandably. And what else should each employee and employer know about leaving work in this case?
For example, what documents need to be given to the dismissed person. According to the law, they include:
- income statements;
- work book;
- sanitary book (if it was required for work);
- settlement sheet.
Based on the latter, a subordinate will be calculated for the hours worked. In addition, the employee can request any documents from his personal file.
Important: the calculation is based on the average daily wage of a citizen.
How to make a notification?
A huge role in leaving work is played by the notice of termination of employment. It is recommended to prepare it in advance. To cope with the task is very simple.
A letter of resignation with a 2-week period of work is a normal notice of termination of employment. It must be prepared taking into account the rules of conducting business correspondence.
To achieve the desired result, you will need:
- At the top of the A4 sheet, in the right corner, make a header. It writes the data of the employer and information about the dismissed.
- In the center of the page write the word "statement". Under it, write the clarification "on dismissal at will."
- In the main part of the document, indicate the request to dismiss with working off. It is advisable to write the day of reference laid down for 14 days.
- Put the date of application, signature and initials.
Such a document will be enough. Now it can be taken to its boss and wait for the signature thereof. This sometimes causes problems. For example, if the employer wants to keep his employee in the company.
Is it necessary to lay off with a 2-week working-off? A sample statement can be seen above. This is just a template, but it can be used to notify the employer of their intentions.
That there were no problems
Not every employer behaves in good faith. Therefore, employees are advised to insure themselves. There is one convenient way to notify you that you intend to leave work. If you use it, development will begin from the moment you receive the appropriate document.
This will require:
- Make a letter of resignation in duplicate.
- Send one copy of the document by registered mail with a notification of receipt to yourself, and the other to the employer.
As soon as the boss receives a letter, two weeks will begin working off. If the letter of resignation and the application is not signed after this period, you can safely not go to work. And the employer will have to file a complaint.
For seniors
Is compulsory 2 weeks working time upon dismissal? If a person leaves of his own free will, it is usually necessary to work out the indicated period. But there are exceptions. There are not so few of them, just not everyone knows about them.
For example, a pensioner cannot be required to work out for two weeks. More precisely, a person who is fired due to retirement. If requested by the relevant employee, he should be excluded from the company’s personnel on the day of applying for the application in the established form.
This right can only be exercised once. If a person who has received pensioner status earlier leaves, the corresponding procedure will take place on a general basis.
How to avoid extra working hours?
When an employee is dismissed, 2 weeks of work is considered mandatory. If desired, it can be avoided. In this case, the corresponding period of time will not be paid.
A citizen may:
- Go on vacation and from it submit an application of the established form.
- Take sick leave. Being on it, inform about intentions to leave the company.
- Go on maternity leave or parental leave. To inform about the dismissal, without leaving the previous place of work.
Such situations are most often encountered in practice. But there is another very interesting solution. It allows, with maximum benefit for all, to leave the former place of work.
The parties agreed
The termination of relations by agreement of the parties is implied. In such circumstances, the employee or subordinate is talking about leaving the company, the other side offers its conditions. When the boss and his employee come to a consensus, an agreement on dismissal is concluded by mutual agreement.
In this situation, you can ask the authorities to release the dismissed person from working out. This is a very common occurrence. It is completely legal.
Conclusion
How to consider dismissal with a 2-week working off, we found out. And what to do in order to protect yourself, too. In reality, everything is simpler than it seems.
It is advisable not to look for workarounds and work out the time. So it will be possible to get more money from the employer. As already mentioned, mining time is paid.
More than the specified period, no employer can force to remain in the company. This is a violation of applicable law. It is worth complaining about the relevant actions as soon as possible and, if necessary, go to court.