When they work 2 weeks. The procedure for dismissal at the employee's own request - reasons, sample application and calculation procedure. Labor Code and dismissal without working off

10.11.2020

Content

According to article 80 of the Labor Code, dismissal own will occurs at the initiative of the employee due to various reasons: a new offer, relocation or other circumstances. This procedure for terminating the contract is today considered one of the most conflict-free. The reason is that for him, unlike the case at the initiative of the employer due to absenteeism or reduction, arguments, a special procedure and payment of increased compensation are not required. Although the procedure for dismissal is simple, it still has its own rules.

Under what article are they fired at their own request

Article 80 of the Labor Code Russian Federation(Labor Code of the Russian Federation) under the title "Termination of an employment contract at the initiative of an employee (at his own request)" discusses in detail the procedure and rules for this procedure. They relate to reasons, deadlines for filing an application and cases of termination of work before the expiration of the warning period. In addition, the article contains information about the withdrawal of the application.

The procedure for dismissal at will

Any employee, including a pregnant woman, in accordance with paragraph 3 of Article 77 of the Labor Code of the Russian Federation “General Grounds for Terminating an Employment Contract”, has the right to quit on his own initiative due to various circumstances. To do this correctly, it is important to know the specifics and rules for terminating an employment contract. So there will be no conflicts with the employer and other problems that will drag out the process for a long time.

Terms of dismissal

According to the general rule of Article 80 of the Labor Code of the Russian Federation, an employee must notify the employer in writing of dismissal by submitting an application addressed to him 2 weeks before the intended departure. This period begins to count on the day after the registration of the application. It is important that the submission of the application is registered, otherwise the processing period may be pushed back. Other rules for dismissal of an employee at his own request:

  • the two-week period may be canceled by written agreement between the employee and the employer;
  • the law does not oblige the employee to be at the workplace during these 2 weeks (you can go on vacation, on sick leave);
  • the general rule of a two-week working off has exceptions (for a trial period - 3 days, and for a managerial position - 1 month).

The manager has no right to refuse an employee. If this happens, then the employee should know that this is a violation of the law by the employer. Then the application is drawn up in a standard form and sent by mail with a return receipt. So you will know about the receipt of documents by the employer. After 2 weeks, you can stop working in the organization. After this period, the employee must be given work book and calculation. Otherwise, he has the right to apply to the inspection dealing with such illegal situations and labor disputes.

Resignation letter

The first thing an employee must do is to submit a letter of resignation on his own initiative 2 weeks before leaving. The countdown will begin the next day. The law does not define the exact requirements, but it should indicate several important points:

  1. Surname, name, patronymic and position of the head, name of the organization.
  2. Surname, name, patronymic of the applicant, i.е. the employee himself.
  3. The text of the statement. Includes a request to be dismissed from a position on a certain date (it is better to write, for example, “August 1, and not “from August 1”). If necessary, indicate the reason for termination of the contract.
  4. At the end, the date of submission of the application, signature and transcript is put.

Labor law allows you to withdraw your application. This is done in the same form as the application for dismissal at the initiative of the employee. The manager has the right to refuse:

  • if another person has already been accepted to replace the resigning employee, who, according to the law, cannot be denied a job;
  • if the employee went on vacation (he should have withdrawn the application before the start of the vacation).

Reasons for dismissal

According to the Labor Code of the Russian Federation, the following cases are considered valid reasons for maintaining the length of service of an employee:

  • reaching retirement age;
  • the need to move;
  • some diseases;
  • the beginning of education in a higher or secondary specialized institution;
  • caring for a sick family member;
  • violation of the employment contract by the employer.

It is not necessary to indicate the reason, if it is not the basis for any compensation payments or the cancellation of the mandatory working period. In general, you should just write “I ask you to fire me of your own free will.” Additionally, you can specify the reason - "in connection with retirement." In the same way, other circumstances are formulated.

Dismissal order

If the application for dismissal of one's own free will does not have a clear sample, then the order for it is drawn up according to established by law form T-8. It is published in 2 copies, one of which remains in the accounting department for the calculation of material payments. An order for dismissal of one's own free will is issued with certain details, such as:

  • code by all-Russian classifier management activities (OKUD) - 0301006;
  • code according to the all-Russian classifier of enterprises and organizations (OKPO) - it is different for each company;
  • name of company;
  • the text of the order itself;
  • Date of preparation.

Working time

The standard turnaround time is 2 weeks. It starts the day after the application is submitted. But this period is not always kept. You can not work out 2 weeks in case of:

  • the employer does not see the need for this;
  • the employee has good reasons - admission to full-time study, urgent relocation, becoming a pensioner);
  • the employer violated labor contract;
  • the employee is on sick leave.

Leave before leaving

An employee has the right to quit on his own initiative even during or before vacation. The application in this case is written in the same form. More often, it contains the phrase “I ask you to provide leave with subsequent dismissal at will.” In accordance with Article 127 of the Labor Code of the Russian Federation, the last day of vacation is considered the last working day. In this case, you do not need to work out 2 weeks.

List of documents upon dismissal of one's own free will

The employee only needs to submit a letter of resignation. In response, he will be issued official documents from the following list:

  • a work book with an entry made in it on the grounds for dismissal, issued by the personnel department;
  • certificate 2-NDFL, confirming the amount of income received and withheld personal income tax;
  • certificate of payment of wages for the last 2 calendar years;
  • information on payments and other remuneration, on the insurance experience of the insured employee.

Rights upon dismissal at will

Each party has its own rights. For the employee, this is the opportunity to withdraw the application at any time. The employment contract remains in force if the employee was not fired on the last day. The employer has the right to demand from him the full performance of duties up to and including dismissal. If the manager violates the employment contract, the employee may not work for 2 weeks, but only if he was able to prove this in court.

Calculation upon dismissal of one's own free will

It must be made on the day of dismissal, i.e. last worker after 2 weeks of work. The final settlement includes the payment of all amounts due to the employee. These include:

Dismissal on sick leave

An employee can apply even if the date of dismissal falls within a period of temporary incapacity for work. The employer has no right to change it. After a 2-week period, the management makes a calculation, issues an order with a note about the absence of an employee. You can come for documents and amounts due at any time. The only condition for the dismissal procedure is that temporary disability benefits are assigned within 10 days after the sick leave is granted. It will be paid on the next pay day.

On holiday

All calculations in this case and the issuance of a work book in this case are made on the last working day before the vacation. The employee writes a letter of resignation of his own free will on the same conditions. In addition to wages, the employee must be given vacation pay. Compensation for unused vacation already excluded. An employee can receive it if he refuses to provide him with rest.

After vacation

If the employee has already used the vacation and decided to quit after it, then he will have to work for 2 weeks on a general basis after writing the application. Payments in this case are the same as when leaving work at any other time. They include wages and payments under an employment or collective agreement. If the application was submitted before the vacation with a note of dismissal after it, then the calculation is made on the last working day. Then they issue a work book. If the vacation was granted in advance, then the amount of overpaid vacation pay in the amount of 20% is withheld from the dismissed person.

After sick leave

If the employee cannot continue to work after the end of the period of incapacity for work, then in the application he refers to this reason and confirms it with documents. In this case, he can be dismissed on the same day with the calculation and issuance of a work book. A person receives compensation for unused vacation, salary and sick leave.

Dismissal in one day

If it is impossible for an employee to continue working, the organization is obliged to terminate the contract with him within the period specified in the application. To do this, you need to provide supporting documents, for example, a certificate from a medical institution about a disease, from an institute on admission, etc. Writing an application, filling out an order and familiarizing yourself with it in case of early dismissal occurs in one day. The calculation can be made no later than the next day, including salary and compensation payments for vacation.

If you decide to change jobs, it is important to take seriously compliance with all the formalities and requirements of the management. One of them is a mandatory two-week deferment, and there are often questions about its legality. How legitimate are the demands of the employer and is it possible to avoid this obligation?

You can try to negotiate with the authorities

The very wording "working out for two weeks" is not entirely accurate. The Labor Code is not talking about compulsory work at all, but that you are obliged to notify your boss at least two weeks before the day of dismissal if you leave of your own free will. This rule does not apply to cases of violation by the employer of an employment contract. If you don’t know how to quit without working for 2 weeks, you don’t need to immediately look for violations in order to do this. There are other reasons to leave without working, in the end you can agree with the boss.

All of the above means that if you applied for a dismissal, and then went on sick leave, for example, which lasted at least two weeks, then you no longer need to work. Your job is to notify your boss two weeks in advance, and whether you actually worked at that time or not is no longer important.

Cases of violation of the labor agreement by the boss are difficult, because the very fact of the violation must be proven, and this will take time. The first step is to file a complaint with the competent authorities. These may be trade unions, commissions for labor disputes, court. After that, the verification begins. It is difficult to say in advance whether the competent authority recognizes the violation or not. Non-payment or delay of wages is not the reason specified in the TC, therefore, in this case, the outcome is also ambiguous. If the court still fixes the violation, and the boss refused to fire you on the due day, he pays a fine. Not always the period is exactly two weeks. There are cases in which you can warn three days before the immediate dismissal:

  • If your probationary period has not yet ended
  • If your job is seasonal
  • If you are working under an employment contract for a period of at least two months
  • Sports coaches and employees in leadership positions are required to give a month's notice of their departure.

Do I have the right not to work?

There are cases when an employee may not work, but they are rather conditional. For example, they often find out about retirement or moving in advance, which means that some time before leaving, you can warn your boss so that he can take action and find a replacement for you, as well as prepare documents and calculations. The official reasons for dismissal without a two-week working are:

  1. Retirement. Whether a pensioner leaves on time or works in retirement and suddenly decides to leave, he has the right not to work.
  2. Moving to another city or country for permanent residence
  3. Moving due to the transfer of a spouse to a new one workplace in another city, country
  4. Violation of the terms of the employment contract by the employer
  5. Enrollment in an educational institution

If the boss violated the terms of the contract, you do not need to leave immediately, until the fact of violation is established. Failure to appear at work within a two-week working off will be regarded as absenteeism, which means that they can be fired not of their own free will, but according to the article. There are other reasons that can be considered valid. But since they are not specified in the Labor Code of the Russian Federation, the decision will depend on the employer himself and the authorized bodies. What other reasons could there be?

  • If you become ill and the illness prevents you from continuing to work
  • If you have been selected for a competitive position
  • If you have been called up for military service
  • If you are under 14 or a disabled child under 18
  • If other family members need care
  • If you are pregnant and wish to retire
  • If the company you work for goes into liquidation.
  • If you are fired due to layoffs

Can I go on vacation before leaving?

Perhaps, The best decision to avoid processing. You have the right to take paid leave if you have not already done so. But the vacation must last at least two weeks. The standard leave is 28 days, for teachers - 42-56 days. So, first you write a statement addressed to the boss, in which you indicate that your dismissal follows after the vacation. But since you need to apply for a vacation a month in advance, it turns out that you still warned your boss in advance and even earlier than two weeks. The benefit is that the last day of vacation is considered the day of dismissal, plus you get vacation pay. During this time it is quite possible to find new job.

If you do not want to go on vacation, but you are entitled to it, since you have not rested this year, you have the right to receive compensation. Even if the employee is a minor or is a pregnant woman (they cannot take compensation and refuse vacation), compensation is possible in case of dismissal.

If you have not taken a vacation for two years in a row, then you can get monetary compensation for two vacations or take one vacation, and receive compensation for the second. You can’t “walk away” two paid holidays at once.

If you fall ill during your legal holiday and receive sick leave, vacation can be extended or rescheduled for the same number of days that you spent on sick leave. You can also take unpaid leave, but in this case, you need a good reason. Without good reason, the boss may not let you go. The following persons are entitled to take such leave:

  • WWII veterans
  • Retirees continuing to work
  • Disabled
  • Parents and spouses of military personnel or those who died during military service
  • If you need a vacation in connection with the birth of a child, the death of a loved one, or a wedding.

What to do if you change your mind about quitting?

You have the right to change your mind and withdraw your resignation before the end of the service. However, if you're going on vacation, it's best to do so before you leave. The matter will become more complicated if another employee who is also entitled to this workplace has already been invited to your position. But in such a situation, it makes sense to require written confirmation of the agreement with the new employee. The phrase “And I have already taken another in your place” has no legal force.

It happens that the employer, for some reason, refuses to provide written evidence of hiring a new employee for your own position. In this case, ask him to issue a refusal in writing with detailed description reasons. It is no secret that sometimes an employee is forced to write a letter of resignation of his own free will, motivated by the fact that everything is done for his good, otherwise there are other reasons to dismiss, but already under the article. The employee agrees, writes a statement, and then carefully considers everything and decides to pick it up. If you are not allowed to do this, you should go to court.

Now the court is increasingly taking the side of the worker. After that (if you win in court), you will be reinstated without fail and paid wages for the duration of the proceedings. But if two weeks have already passed, you no longer want to leave work, and the boss has already changed his mind and is in no hurry to count you and give you a work book, that is, in fact, the employment contract has not been officially terminated, the resignation letter is considered invalid, and the employee may continue working.

Documents and calculation

How to go on vacation

On the last working day of the employee, the boss is obliged to calculate it, that is, to pay salary, vacation pay or compensation, if any. If this did not happen and the boss delays payments, then for all the days of the delay he must pay an amount equal to the average daily salary of the employee. The last working day is considered the last day of vacation taken after writing a letter of resignation. Therefore, under such circumstances, all calculations are carried out on the last day of the vacation.

Refusal to return the work book after the expiration of the period after writing the application is a serious violation. If this happens, material damage is also compensated for each day the book is kept, since its absence does not allow you to get a new job. In the labor date, the date of dismissal is set by the number when the book was handed over to the employee. To do this, you must write a statement addressed to the former boss stating that you received a book, you were paid compensation and changed the date of dismissal.

If the employer still did not return the labor, feel free to go to court. However, it must be remembered that no more than a month should pass from the day of dismissal to apply to the court. If more than a month has passed, then you need to have good reasons for not going to court for such a long time, better documented. Your boss's chances of winning the trial increase as the month progresses.

However, the employer is not considered responsible for keeping the employee's book if the employee himself did not come to collect it on the day of dismissal or if the employee ignored the notification to come for the book or give permission to send it by mail.

How to quit your job, the video will tell:

It is imperative to know how long working out upon dismissal lasts - 14 calendar days or working days. The difference is significant, so an unscrupulous boss can take advantage of this. And you will have to work not for two weeks, but for three.

General information

If an employee leaves, he must stay for another two weeks of work. Working off is usually appointed by the head, since he needs to find a replacement for such an employee. But there are several categories of workers who are not subject to dismissal with 2 weeks of work. And therefore, their date of dismissal coincides with the date of the application:

  • pensioners;
  • workers enrolled in educational institutions;
  • when a person moves to another settlement;
  • in violation of the terms of the contract or the law.

If the boss violates this rule and makes them work, the citizen has two options for the development of the situation. He can work out the due time and leave or go to court. The latter option will require not only costs, but also quite a lot of time. And while the court makes a decision, the dismissal will already be carried out.

As for the timing, it is not always about 14 days. For example, processing CEO is 1 month. And for employees on probation and seasonal workers - only 3 days. In the event of a reduction in the number of subordinates in the enterprise, nothing needs to be worked out.

For all other employees, upon dismissal of their own free will, a two-week working off is an obligation. But if desired, the employer can dismiss the employee without working off upon dismissal. And this is his right. If the subordinate leaves work without completing the due date, this will be absenteeism, and he will be fired under the article.

Not everyone knows from what day the working off begins and how many calendar or working days need to be counted. First you need to understand when the countdown begins. This will always be the day after the application is submitted. From this day on, count the required number of days. Further, answering the question of how long the employee's work lasts upon dismissal - 14 calendar days or working days, it should be clarified that records are kept exclusively in calendar days.

Reference: 2 weeks upon dismissal are considered according to the calendar, that is, working days, weekends and holidays are taken into account.

Statement

A sample letter of resignation with working off can be found on the Internet or taken from a personnel officer. Using an example, it is written much faster, but if there is no sample, then you should not be upset. It is enough to know the simple rules for compiling such documents. Often, organizations develop a special application form.

If you have to write yourself, then you must follow the rules:

  1. Document header. Here write the name of the organization, as well as the name of the employer. You also need to specify the data of the person who draws up the document.
  2. After that, the request for dismissal and the reason for leaving work are indicated. Be sure to set the date of departure, taking into account fourteen days. If the employee counted incorrectly, it's not scary. The accounting department will still double-check the day of dismissal before calculating payments.
  3. Then the date and signature are indicated.

After submitting a letter of resignation, the employee can continue to fulfill his labor obligations, and it will be working out 14 days. The main thing is to make sure that the boss received the application. Therefore, it is better to warn the manager about your departure before leaving. If he does not want to release the employee, then the document should be sent by registered mail.

If a subordinate has unused annual leave, he can use it. That is, if he goes on vacation after submitting an application, then this is considered working off. When the duration of the vacation is longer, then 14 days are counted.

The day of calculation is not the last day of vacation, but the last day of working. Then the employee receives a work book and all payments. If he cannot return at the appointed time, then the employer is obliged to inform him in writing about the need to receive the calculation. You can take only 14 days of vacation, and donate the other half and receive compensation for it.

Granting leave instead of the 2 weeks that a subordinate must work is not an obligation, but the right of management. The boss can refuse the employee, subsequently compensating for the vacation. Therefore, everything here depends on the relationship of the parties, so you have to negotiate with the employer.

But many employees, faced with the refusal of their superiors, simply go on sick leave. Of course, most often, they have to resort to not quite legal ways to obtain a medical certificate, but they do not have to work an extra 2 weeks. And this time can be spent looking for a new employer.

Citizens leaving with working off have one indisputable advantage. According to the law, during the entire period, the employee can withdraw the application and remain in his position. But you need to take into account certain nuances. For example, if a person went on vacation instead of working out, and the management took another employee in his place, then he will not be able to return to his own position.

The responsibility of management is to calculate the employees who have completed the required period of time. Issuance of documents and all payments is carried out on the last working day of the person. The employer does not have the right to withhold a work book or wages. For this, he can be held liable, including administrative. That is, he will have to pay a fine.

Dismissal without work

If the subordinate has no reason to be released from the obligation to work another 14 days, he can ask the manager about it. The first step is to write a letter of resignation without working out. And the day of departure will be the day of submission of the document. Then the employer is obliged to carry out the calculation.

Most often, the authorities go forward, unless, of course, there is an emergency. There is no 2-week working period even when a subordinate quits due to a conflict with management, embezzlement of property, or due to constant absenteeism.

They can be fired without working off for the following reasons:

  • pregnancy;
  • disease;
  • conscription;
  • caring for a small child or a disabled relative.

The employee only needs to explain the reasons that he cannot continue working.

Before counting 14 days upon dismissal, you can try to quit immediately. Of course, for many, working out is beneficial because the organization pays for it. In addition, you can not especially try to fulfill their duties. If it was not possible to avoid this, then it is necessary to count, taking into account all days without exception.

Attention! In connection with latest changes in legislation, the legal information in this article could be out of date!

Our lawyer can advise you free of charge - write a question in the form below:


When an employee of an enterprise decides to quit, the employer does not have the right to refuse him. If you manage to agree, you can leave work immediately. Otherwise, you will have to work for another fourteen days. Based on Article No. 80 of the Labor Code, employees are required to notify their intention to quit two weeks in advance. Here, quite rightly, the question arises: how to count 14 days upon dismissal?

Duty of an employee

According to Art. No. 80 of the Labor Code, the employee has the obligation to notify the employer in writing of leaving the organization fourteen days in advance. Therefore, in standard cases, a dismissal with a working off of 2 weeks is used. There are also additional legislative norms that establish other periods.
The employee must notify the employer in the following terms:

  • if the trial period has not yet ended;
  • for workers in seasonal work;
  • when the contract is concluded for a period of not more than two months.

one month:

  • the employee is in a leadership position;
  • for athletes and coaches when the contract period is more than four months.

Many people mistakenly equate the obligation to notify an employer two weeks in advance to "work off." Actually there is no need to actually work this time.

It does not matter if the employee works during this period, is on vacation or on sick leave. The law establishes only a minimum period of written notice to the employer about the fact of leaving the company.

Important! When the manager agrees, you can quit before the end of the notice period.

When the obligation is canceled

It is allowed not to fulfill the obligation to notify the employer upon dismissal of one's own free will, when there are circumstances:

  • start date;
  • leaving for the army;
  • disability;
  • retirement;
  • moving to another city;
  • decree;
  • other situations that do not allow you to continue working.

Separately, the legislator highlights other circumstances that allow you to quit without working off. They are associated with violations of the rules:

  • non-payment or delay in payment of wages;
  • refusal to grant legal leave;

Such violations must be documented by authorized authorities:

  1. Labour Inspectorate;
  2. prosecutor's office;

In all these cases, the employee is fired on the day indicated by the application, without working off.

Start and end of the working period

When calculating the number of working days, it is required to take into account several main points approved by law:

  • The countdown of days starts from the next day after the date of familiarization of the head with the resignation letter. Therefore, it is important that the employer put his visa on the acceptance of the document on the application.
  • Not only working days are taken into account, but also weekends and holidays. In other words, fourteen calendar days must pass from the moment the application is accepted to the day of dismissal.

Let's see how this happens with an example. Suppose an employee of the enterprise issued a letter of resignation on August 14, 2017. On the same day, he was duly registered. We count from August 15 two weeks. It turns out that on August 28 the employee will be fully calculated. The last day of working off will be considered the day of dismissal.

Important! The end date of the notification obligation period is the next business day.

Sometimes the last day falls on a weekend. The employer must anticipate the course of events and agree on the date of departure with the employee in advance. If the date of dismissal is not important for the employee, the application is rewritten taking into account the working day of the personnel department. Otherwise, you will have to call a person on a day off to give all the necessary documentation. The employer does not have the right to establish a longer working period upon dismissal, even justifying this public holidays.

To avoid incidents with weekends and holidays, it is required to clearly state the date of dismissal in the application.

On the day of dismissal, the employee is required to come to the organization and sign a bypass sheet. On the same day they give him:

  • full calculation, including: salary, bonus payments, compensation unused days recreation;
  • work book;
  • necessary certificates: 2 - personal income tax, 182 - N.

Certificates are necessary for a person to provide at a new place of work. On their basis, deductions are provided, as well as benefits are calculated.

If on the day of dismissal the settlement with the employee is not carried out, the employer may be held liable in the form of penalties. To do this, the dismissed employee needs to write a complaint to the labor inspectorate.

Making an application

When a person leaves the place of work, he must write an appropriate application. Usually in such a document the wording “on termination of the employment contract” is used. A phrase such as "remove from office" can be considered ambiguous. Based on such a statement, a dismissal order cannot be issued. Another slippery moment when making an application is the absence of a departure date. The phrase "not later than two weeks" can mean a month and two.

The letter of resignation must contain the main points:

  • In the upper right corner it is written: the name of the company, tf. I. O. and position of the person in whose name the application is written, employee data.
  • The name of the document is written in the middle of the sheet.
  • Below is the text of the statement. The employee is not required to describe the specific reasons for dismissal. Be sure to indicate the date of the proposed dismissal.
  • Day, month and year of the application.
  • Applicant's signature.
  • On top, the head puts a visa on consent to dismissal with a date.

How long does an employee have to work when they leave? Generally 2 weeks. It is for such a period that the employee is obliged to warn the employer in writing about the termination of the employment contract on his own initiative.

And how to count 14 days upon dismissal? As indicated in the Labor Code of the Russian Federation, the specified period begins on the day following the day the employer receives an application from the employee for dismissal (Article 80 of the Labor Code of the Russian Federation). Let's look at specific example, as considered working out 14 days.

Appraiser Pogodin M.V. filed a voluntary resignation letter on January 17, 2017. Then he will start working for 2 weeks on January 18, 2017, and the last day of his work will be January 31, 2017.

Note that the employer can dismiss the employee earlier, without requiring him to work for 2 weeks. This issue is resolved by agreement between the employee and the management of the organization.

Exceptions to the rule

How many days the employee must work upon dismissal if he decides to terminate the employment contract during the period of probationary period? For such cases, the Labor Code of the Russian Federation provides for more short term working off - only 3 days (Article 71 of the Labor Code of the Russian Federation).

In addition, in some cases, the employer must completely dismiss the employee on the day that he indicated in his application without any working off. This applies to those leaving:

  • pensioners by age;
  • employees enrolled in an educational organization;

Dismissal with working off 2 weeks: how to count taking into account holidays

Another topical issue is how to count two weeks of working out upon dismissal if they capture holidays. For example, an employee notified his employer of his planned layoff on December 28, 2016. Accordingly, all New Year's holidays were included in the working off period (Article 112 of the Labor Code of the Russian Federation). Does it need to be extended now?

In accordance with the Labor Code of the Russian Federation, the period calculated in calendar weeks includes non-working days and expires on the last day of the corresponding week of the term (Article 14 of the Labor Code of the Russian Federation). In addition, there are no special rules in the Code that the employee must work for the specified 14 days before dismissal - not to be on vacation, not to get sick, etc. (Letter of Rostrud dated 05.09.2006 N 1551-6). Therefore, when calculating the period of 2-week work, non-working holidays should be taken into account, that is, included in it.

Accordingly, in the example under consideration, working off (2 weeks) includes holidays from January 1 to January 8, and the last day of the employee’s work will be January 11, 2017.

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