In accordance with article 80 of the Labor Code of the Russian Federation, each employee has the right to resign at his own request. But he must notify the employer about this in writing no later than 2 weeks before the expected date of dismissal. Does this mean that he has to work these 2 weeks?
The 2-week period specified in Article 80 of the Labor Code of the Russian Federation is the period for the employee to warn his employer about the intention to quit, and is not at all an obligation to work out 14 days before the dismissal. Moreover, the employee may be on vacation all this time, on sick leave or absent from the workplace for other valid reasons.
These 2 weeks are stipulated by law as a period for which the employer will have time to find a replacement for the quitting employee. In this case, the date of submission of the letter of resignation is not counted in this period.
In what cases can you quit before 14 days
The employee and the employer can agree between themselves to terminate the employment contract earlier than 14 days from the date of filing the letter of resignation. To do this, the employee must indicate in his application the desired date of dismissal.
At the same time, the employer may also refuse the employee to leave earlier. However, the employer is obliged to terminate the employment contract on the date specified by the employee if:
- dismissal is due to the inability to perform work duties (for example, retirement, enrollment in an educational institution and other similar reasons);
- the dismissal is associated with a violation by the employer of labor law, terms of an employment contract, a collective agreement.
Employees have the right to quit 3 days after the submission of the application:
- employed in seasonal work;
- undergoing a probationary period;
- working under a fixed-term employment contract concluded for a period of up to 2 months.
Withdrawal of the letter of resignation
An employee has the right to withdraw his / her letter of resignation at any time, as long as the 2-week notice period has not expired. The following scenarios are possible here:
- In place of the quitting employee, another employee was not invited in writing. Then the employer cannot refuse an employee who has changed his mind to quit. Therefore, if, after the expiry of the warning period, the employment contract has not been terminated and the employee no longer insists on dismissal, the employment contract continues to operate.
- At the time of the withdrawal of the letter of resignation, the employer had already invited another employee in writing to the vacated position. At the same time, the invited employee cannot be denied to conclude an employment contract if he agrees to transfer to a new place. Therefore, a retiring employee can remain in his place only if the invited employee refuses the offer.
In the latter case, the employer may offer another position to the employee who changed his mind to resign, if there is such an opportunity, but is not obliged to do so. If the employee agrees to a new place of work, then employment will be carried out only after the termination of the previous employment contract.
