In this article, I would like to focus on a number of legal aspects that make it possible to most effectively, “with little bloodshed” make staff reductions, while retaining key personnel and not violating federal law, as well as to prevent consequences in the form of reinstatement of an employee at work, payment of forced time downtime, compensation for non-pecuniary damage and penalties in the future.

At present, the state of affairs in the financial sector is unstable, and, as a result, the economic problems that have arisen in the country and business entail the need to tighten their belts, including by optimizing human resources.

Companies, seeking to stabilize their financial situation, are concerned about labor efficiency, the level of staff qualifications and the amount of work that each employee performs (workload).

The current Labor Code of the Russian Federation provides for such a basis for termination of employment at the initiative of the employer, as a reduction in staff or the number of employees. By terminating relations on this basis, the employer exercises the right to choose the optimal organizational structure: which position he needs, and which need has disappeared. In order to avoid reinstatement and demands for compensation payments, the employer must comply with the algorithm established by law.

Firstly, the law provides for a certain period for notifying both the employee and the competent authorities (employment services, the trade union, if one has been created at the enterprise) about the upcoming job reduction. Not later than two months before the start of the relevant activities, it is necessary to inform the employment service in writing about this and indicate the position, profession, specialty and qualification requirements for each of the reduced employees, as well as the conditions for remuneration for their work.

If the decision to reduce the number or staff of the organization's employees may lead to a mass dismissal of employees, the employer shall notify about this no later than three months before the start of the relevant events. The criteria for mass layoffs are established by the Regulations on the organization of work to promote employment in conditions of mass layoffs. The main one is the indicator of the number of dismissed employees due to a reduction in the number or staff of employees for a certain calendar period.

In addition, if a primary trade union organization has been established in the company, the employer is obliged to inform the elective body of this organization in writing about upcoming events no later than two months before they begin, and if the decision to reduce the number or staff of employees may lead to mass dismissal of employees - no later than three months before the start of the relevant activities.

The employer is obliged to notify the employee himself of the upcoming dismissal due to a reduction in the number or staff of the organization's employees at least two months in advance, and the notice must be signed by the employee. In such a notice, it is legally correct not to set a specific date for termination of the employment contract, but to indicate that it will take place no less than 2 months from the date of delivery of this notice. This is due to the fact that the current labor legislation does not allow the termination of an employment contract with an employee during the period of his temporary incapacity for work, being on vacation, at military training camps.

If the notice specifies the specific date of termination of the contract, and the employee takes a certificate of temporary disability on this date, then the notice will lose its legal force, that is, the employment contract will be considered extended with all the ensuing legal consequences for the parties, and the employee can be reinstated by court decision.

With the written consent of the employee, the employer has the right to terminate the employment contract with him before the expiration of the two-month period specified in the notice, paying the employee additional compensation in the amount of average earnings for the time remaining before the expiration of this period. The employee is paid a severance pay in the amount of the average monthly earnings, while he retains the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including the severance pay).

Thus, analyzing the norms of the current legislation in the context of the notification period, we can draw the following conclusion. The management of the company should start planning measures to reduce the state or number of employees at least 2 months before the expected date of their implementation, and if the company has a primary trade union organization, then 4–6 months in advance. 2–3 months before the date of the proposed reduction, it is necessary to notify the trade union and the employment authority, and then, at least 2 months in advance, directly to the employee (staff unit).

Compliance with the deadlines established by law for notifying employees and relevant authorities is a guarantee of the legitimacy of the reduction. In particular, in judicial practice there are precedents of cases of violation by the employer of the deadlines for notifying employees about the upcoming reduction in staff, established by federal law.

Failure to comply with such deadlines (failure to notify the employee, notification less than two months before the expected date of reduction in staff or number of employees, etc.) is the basis for the reinstatement of the employee in his previous position, with payment for temporary downtime due to the fault of the employer. In addition, the employer has the opportunity to "pay off" for the moral harm caused to the employee in connection with the illegal deprivation of his opportunity to work, and to reimburse the costs of paying for the representative's services.

Moreover, employers need to keep in mind that the courts have been given clarifications: when considering cases of reinstatement of a person whose employment contract was terminated at the initiative of the employer, the obligation to prove the existence of a legal basis and compliance with the established procedure for dismissal rests with the employer.

The notice periods discussed above apply to those categories of employees with whom an employment contract is concluded for an indefinite period. If, however, employees who have concluded an employment contract for up to two months, or seasonal workers, fall under the reduction in staff or number of employees, then the former must be notified of the upcoming reduction at least 3 calendar days in advance (part 2 of article 292 of the Labor Code of the Russian Federation), and seasonal workers - not less than 7 calendar days, in accordance with the requirements of Part 2 of Art. 296 of the Labor Code of the Russian Federation.

The employer must also take into account that the current labor legislation establishes several categories of workers who cannot be fired due to staff reduction: pregnant women, women with children under the age of three, single mothers raising a child under the age of 14 (a disabled child - up to 18 years), and other persons raising children from these groups without a mother (Article 261 of the Labor Code of the Russian Federation). Dismissal in connection with a reduction in the staff of an employee under the age of 18, in addition to observing the general procedure, is allowed only with the consent of the relevant state labor inspectorate and the commission on minors and the protection of their rights (Article 269 of the Labor Code of the Russian Federation). In addition, the employer must take into account the requirements of the law, by virtue of which, upon dismissal due to a reduction in the number or staff, the employer is obliged to offer the employee another available job (vacant position) in accordance with Part 3 of Art. 81 of the Labor Code of the Russian Federation.

Part 3 Art. 81 of the Labor Code of the Russian Federation determines that dismissal to reduce the number or staff of the organization's employees is allowed if it is impossible to transfer the employee with his written consent to another available job (both to a vacant position or job corresponding to the employee's qualifications, and to a vacant lower position or lower paid job) that a person can perform, taking into account the state of his health. When deciding whether to transfer an employee to another job, the manager must also take into account the real ability of a person to perform the work offered to him, taking into account his education, qualifications, and experience. In this case, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area or in other regions, if this is provided for by the collective agreement, agreements, labor contract. If the employer does not have a suitable position, he is also obliged to notify the employee about this. Failure by the employer to provide another job suitable for the employee is a violation of the dismissal procedure and entails the reinstatement of the latter at work in the previous position.

Termination of an employment contract with a reduction in the number or staff of employees is possible only on the condition that the employee does not have a pre-emptive right to maintain the workplace, established by Art. 179 of the Labor Code of the Russian Federation. As a general rule, workers with higher labor productivity and qualifications are in a privileged position. Such employees are considered the most valuable, and they can be fired only as a last resort, however, the employer retains the right to provide for other categories of privileged employees in a collective agreement.

The employer needs to take measures to reduce the state or number of personnel in such a way that there is no discrimination of employees and the court, in the event of an employee’s appeal, does not have the opinion that these measures are aimed directly at reducing a particular person. An example of discrimination is the following situation: the employer notified the accountants of the upcoming reduction of this position and offered to transfer to the position of an accountant-calculator to everyone, with the exception of one employee, to whom such an offer was not made. After a two-month period, this employee was dismissed under paragraph 1 of Art. 81 of the Labor Code of the Russian Federation - reduced. He filed an appropriate statement of claim with the court, by the decision of which he was reinstated in his previous position with the same head, with payment for the forced downtime.

The current legislation imposes on the employer the obligation to pay the employee certain compensations provided for in Art. 178 of the Labor Code of the Russian Federation, namely: the dismissed employee is paid a severance pay in the amount of the average monthly earnings, he also retains the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (with offsetting the severance pay). In exceptional cases, the average monthly salary is retained by the employee for the third month from the date of dismissal - by decision of the employment service authority, provided that within two weeks after the dismissal the employee applied to this authority and was not employed by him. And it is not possible for the employer to evade this obligation.

Despite the certain complexity of the procedure and the need for payments established by the Labor Code, many employers are going to reduce the staff or the number of employees, arguing that a one-time disposal of unnecessary staff positions and making appropriate payments to them is economically justified: in the future, the employer will get a real opportunity to organize a business in in accordance with their economic capabilities and needs for labor resources.

1. P. 1. Art. 81 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).
2. This obligation is established by Part 2 of Art. 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1 "On employment in the Russian Federation".
3. For example, layoffs of 50 or more people within 30 calendar days can be considered a mass layoff; 200 or more people within 60 calendar days; 500 or more people within 90 calendar days.
4. The requirement is established by Art. 82 of the Labor Code of the Russian Federation.
5. Decree 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 of the Labor Code of the Russian Federation”.
6. Part 1 Art. 180 of the Labor Code of the Russian Federation
7. p. 29 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 of the Labor Code of the Russian Federation”

Commentary by K. Ya. Ananyeva

When carrying out measures to reduce the number or staff of employees, the employer is obliged:

- offer the employee, in accordance with his qualifications, another available job (vacant position) in the same organization;

- warn the employee personally (on receipt) at least 2 months before the upcoming dismissal due to the circumstances provided for in this article.

With the written consent of the employee, the employer has the right to terminate the employment contract without prior notice 2 months before dismissal with the obligatory one-time payment of additional compensation to the employee in the amount of two months average earnings.

Commentary by K. N. Gusov

§ 1. A prerequisite for the legitimacy of terminating an employment contract in connection with a reduction in the number or staff of employees of an organization is the fulfillment by the employer of the obligation to take measures aimed at employing the employee. These measures consist in the selection by the employer for this employee of another job in the same organization. The Code obliges the employer to offer the employee another available job (vacant position) in the same organization, corresponding to the qualifications of the employee. It is obvious that the proposed work must correspond not only to the qualifications of the employee, but also to his profession, specialty. In addition, the obligation of the employer to employ the employee subject to redundancy should be considered fulfilled if, in the absence of work in the specialty, qualifications of the employee, he was offered another job in this organization, which he refused to perform.

§ 2. Another indispensable condition for the legality of termination of an employment contract in connection with the liquidation or reduction in the number or staff of employees is the mandatory notification of the employee by the employer personally against a receipt at least two months before the dismissal. A warning to an employee may take place for a longer period, which is not a violation of the law.

Personal warning means that each employee individually must be personally warned about the upcoming dismissal. Therefore, this condition is not considered fulfilled if the employees received such a warning, for example, at a general meeting of the labor collective or at a meeting of employees of a separate structural unit of the organization. A personal warning must be confirmed by the employee's personal signature.

The Code establishes a new rule by virtue of which an employment contract can be terminated with the written consent of the employee and without giving him two months' notice of dismissal, with the simultaneous payment of additional compensation in the amount of two months' earnings (on the payment of severance pay upon dismissal, see the commentary to Article 178 of the Labor Code ). In this case, upon dismissal, the employee must be paid an amount equal to the three-month average earnings, then the average monthly earnings for the period of employment for the second, and, by decision of the employment service body, for the third month are retained. Dismissal of an employee upon his written application before the expiration of the notice period without payment of additional compensation under paragraphs. 1, 2 art. 81 is not provided for by the Code, since dismissal in these cases is carried out at the initiative of the employer, and not the employee.

§ 3. When taking measures to reduce the number or staff of the organization's employees, which may lead to mass layoffs, the employer, taking into account the opinion of the elected trade union body, takes the necessary measures, for example, introduces a part-time regime (see commentary to Article 73 of the Labor Code); no later than three months before the start of the relevant events, informs the trade union body about this in writing (see commentary to Article 82 of the Labor Code), takes other necessary measures provided for by the Code, federal laws, collective agreement, agreement.

Commentary by S. A. Panin

1. The Labor Code of the Russian Federation obliges the employer to take measures to employ an employee whose place of work (position) is subject to reduction, and above all to offer work in the same organization. The employee must be offered a job according to his profession, specialty, qualifications, and in the absence of such work - another job to which he can be transferred with his consent in the same organization.

At the same time, it must be borne in mind that the employee is not entitled to demand from the employer a vacant higher position or work, the performance of which requires retraining of the employee with the receipt of another profession, specialty.

2. The employee must be warned personally about the upcoming dismissal at least two months in advance. An employee may be warned about dismissal more than two months in advance, i.e. dismissal carried out, for example, three months after the date of the warning, is not considered a violation of the requirements established by this Code.

During the warning period, the employee must perform the duties stipulated by the employment contract, he is subject to the internal labor regulations of the organization. If these rules are violated, the employee may be subject to disciplinary action and dismissed for other reasons, such as absenteeism.

3. Dismissal under paragraphs. 1 and 2 Art. 81 of the Code before the expiration of the warning period is possible in two cases.

The employer has the right, with the written consent of the employee, to dismiss him without notice of dismissal with the payment of appropriate compensation.

The employee has the right to ask the employer in writing to terminate the employment contract under paragraphs. 1 and 2 Art. 81 of the Code before the expiration of the warning period. It should be borne in mind that in this case, the Code does not provide for the payment of additional compensation, and the dismissal itself is a right, not an obligation of the employer.

4. On the measures that the employer must take in the event of a threat of mass layoffs, see the comments to Art. 73 and 82 of the Code.

Madrich - Law firm

Recent questions on the topic: ""

Downsizing at work

Good day. The employer conducts a reduction in the month of March, I did not sign any warning documents about the reduction (that is, 2 months before the reduction).

I work in security with night shifts at the plant. Now the employer said that I have to sign documents on the reduction (as expected, I was warned 2 months in advance), and for these two months I continue to work, but the employer transfers me only to day shifts - the salary decreases accordingly, and then after the 2 months I have worked, I will be paid salary for half a year, again at the daily rate, that is, much less.

Is this day shift legal?

And the second option is that they offer me one day to write a statement by agreement of the parties, pay me compensation for half a year all at once, and part with me. But what about those two months that I can still work and receive my legal salary.

Please help, thanks in advance.

Alexander, Petrozavodsk

2 month layoff notice

Lawyer: Dmitry Chernobavsky

now online

Alexander, hello!

In the second option, they offer me one day to write a statement as agreed by the parties, pay me compensation for half a year all at once, and part with me. But what about those two months that I can still work and receive my legal salary.

Alexander

Most likely your employer is guided by this rule.

About the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees, employees are warned by the employer personally and against signature at least two months before the dismissal.

Employer with the written consent of the employee has the right to terminate the employment contract with him before the expiration date, referred to in paragraph two of this article, paying him additional compensation in the amount of the employee's average earnings, calculated in proportion to the time remaining until the expiration of the notice of dismissal.

Art. 180, "Labor Code of the Russian Federation" dated December 30, 2001 N 197-FZ (as amended on December 31, 2014) (ConsultantPlus)

Reduction at work

I am laid off, without prior notice, the average salary is 30,000 rubles.

documents arrived. issue the balance of salary + 24,000 rubles. What can I expect in terms of money?

Artem, Ufa

2 month layoff notice

Lawyer: Lyudmila Khripushina

offline now

Good afternoon! On the last working day, upon dismissal of an employee due to a reduction in the number or staff of the organization's employees, the employer is obliged to pay the employee:

- wages for the period of work before dismissal, including bonuses, allowances and other payments (Articles 136, 140 of the Labor Code of the Russian Federation);
- monetary compensation for unprovided vacation (Article 127 of the Labor Code of the Russian Federation);
- severance pay in the amount of the average monthly salary (Article 178 of the Labor Code of the Russian Federation).
The employer warns employees about the upcoming dismissal due to a reduction in the number or staff of the organization's employees personally and against signature at least 2 months before the dismissal (part 2 of article 180 of the Labor Code of the Russian Federation).

If the employer dismisses the employee with his consent earlier than two months, then the employee is also entitled to additional compensation in the amount of average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal (part 3 of article 180 of the Labor Code of the Russian Federation).

Lawyer: Sergey Matveenko

offline now

I'm being cut without prior notice

In this case, the norms of Labor Code Art. 178-180 of the Labor Code of the Russian Federation were violated - the procedure was carried out in violation of the norms of the Labor Code of the Russian Federation in case of a complaint - you can challenge and reinstate at work + they will pay for forced absenteeism ... with a reduction - + there should be payments for reduction

Article 180
[Labor Code] [Chapter 27] [Article 180]
When carrying out measures to reduce the number or staff of employees of the organization, the employer is obliged to offer the employee another available job (vacant position) in accordance with part three of Article 81 of this Code.
About the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees, employees are warned by the employer personally and against signature at least two months prior to termination

Article 178. Severance pay
[Labor Code] [Chapter 27] [Article 178]
Upon termination of an employment contract in connection with the liquidation of an organization (clause 1 of part one of Article 81 of this Code) or a reduction in the number or staff of employees of an organization (clause 2 of part one of Article 81 of this Code), the dismissed employee is paid severance pay in the amount of average monthly earnings,and he also retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal(including severance pay).

Reduction of more than 100 employees without notice in 2 months

Reduction without duplication for 2 months in the presence of 1 child less than 3 years old and I am the 1st breadwinner in the family. What is the right thing to do in this situation? What should be said?

Alexey, Moscow

2 month layoff notice

Lawyer: Galina Gudkova

offline now

Why without warning, you yourself write that you were warned two months in advance.

Article 180

About the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees, employees are warned by the employer personally and against signature at least two months before the dismissal.

Upon termination of the employment contract in connection with the liquidation of the organization (clause 1 of part one of Article 81 of this Code) or the reduction in the number or staff of the organization’s employees (clause 2 of part one of Article 81 of this Code), the dismissed employee is paid a severance pay in the amount of average monthly earnings, as well as for he retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).

Art. 179 of the Labor Code of the Russian Federation. When reducing the number or staff of employees, the preferential right to remain at work is granted to employees with higher labor productivity and qualifications.

With equal labor productivity and qualifications, preference in leaving at work is given to: family - in the presence of two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is for them a permanent and main source of livelihood); persons in whose family there are no other self-employed workers; employees who received an industrial injury or occupational disease during the period of work with this employer; invalids of the Great Patriotic War and invalids of military operations for the defense of the Fatherland; employees who improve their skills in the direction of the employer on the job.

If you know that someone is being left at work with the same position as yours, you will have the right to appeal your dismissal to the court within a month. And during this time you should be offered other vacant positions.

Lawyer: Ekaterina Kondratieva

offline now

Good afternoon,

1. We determine those who have the pre-emptive right to stay at work (Article 179 of the Labor Code of the Russian Federation)

When reducing the number or staff of employees, the preferential right to remain at work is granted to employees with higher labor productivity and qualifications.
With equal labor productivity and qualifications, preference in leaving at work is given to: family - in the presence of two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is for them a permanent and main source of livelihood); persons in whose family there are no other self-employed workers; employees who received an industrial injury or occupational disease during the period of work with this employer;
; employees who improve their skills in the direction of the employer on the job.

2. Then we notify (Article 180 of the Labor Code of the Russian Federation)

When carrying out measures to reduce the number or staff of the organization's employees, the employer is obliged to offer the employee another available job (vacant position)
About the upcoming dismissal due to
reduction in the number or staff of employees of the organization, employees are warned by the employer personally and against signature at least two months before the dismissal.

3. Allowance ... (Article 178 of the Labor Code of the Russian Federation)

Upon termination of the employment contract due to
reduction in the number or staff of the organization's employees
the dismissed employee is paid a severance pay in the amount of the average monthly earnings, and he also retains the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including the severance pay).
In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the public employment service agency, provided that the employee applied to this agency within two weeks after dismissal and was not employed by him.

According to the provisions of the Law of the Russian Federation of April 19, 1991 N 1032-1 (as amended on December 28, 2016)

"On employment in the Russian Federation" (part 3 of article 13)

Citizens dismissed from organizations, from an individual entrepreneur in connection with a reduction in the number or staff of employees of an organization, an individual entrepreneur, in accordance with the concluded collective agreements (agreements) are guaranteed after dismissal that the queue for housing (improvement of living conditions) at the previous place of work, and also the opportunity to use medical institutions, and their children - pre-school educational organizations on equal terms with citizens working in this organization.

4. If we believe that the dismissal is illegal, we go to court (Articles 392 - 396 of the Labor Code of the Russian Federation)

The employee has the right to sue
on dismissal disputes - within one month from the date of delivery of a copy of the dismissal order to him or from the date of issue of the work book.

The employee is exempt from court costs.

The employee is reinstated by the court to his former place of work, with the payment of average earnings for the time of forced absenteeism, if the dismissal is recognized as justified.

The decision to reinstate an illegally dismissed employee,
subject to immediate execution. If the employer delays the execution of such a decision, the court that made the decision issues a ruling on payment to the employee for the entire time of the delay in the execution of the decision of average earnings

P.S. “In your own way” do not write, because. in court you will prove why you were forced to write.

termination of the employment contract at the initiative of the employee is permissible in the case when the filing of an application for dismissal was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit 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

Reason: Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2

(as amended on November 24, 2015) “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (paragraph “a”, paragraph 22)

For example, you will have to find witnesses who will testify that you were asked to write a statement.

A notice of impending dismissal is sent within a clearly defined time frame. How many days in advance must the employer notify the employee of the departure, and he - the manager? And is it obligatory for a subordinate to notify his boss 2 weeks in advance?

The time period within which the employer must notify the employee of the dismissal

Article 180 of the Labor Code of the Russian Federation.

If the termination of the contract occurs at the initiative of the boss, then the employer must necessarily warn the subordinate about this. There are clear deadlines for notifying an employee upon dismissal due to the reduction or liquidation of the enterprise. In both of these cases, the warning period is 2 months under Article 180 of the Labor Code of the Russian Federation.

In other circumstances (leaving due to inconsistency with the position held, absenteeism, and so on), the notification time is not clearly indicated in the legislation. But it is advisable to carry out a warning after receiving the results of the certification commission, or an explanatory note from the employee. But under certain circumstances, the law allows you to notify a subordinate a few days in advance.

In some cases, you can notify the employee in less than 2 months:

1. If a person is in seasonal work, then the warning period for the upcoming dismissal is 7 calendar days.
2. When terminating a contract with a subordinate on a trial period, a warning must be sent 3 calendar days in advance.
3. If a fixed-term contract was concluded with a person for a period of up to 2 months, then the boss must notify the employee of the dismissal 3 days in advance.

If the director violated the time of informing, then the subordinate can file a lawsuit against him in court or a complaint to the labor inspectorate.

How should a notice be given to an employee?

To warn about the dismissal, the boss needs to send a written notice personally to the employee for signature. However, if for some reason a person is not at the place, then the employer needs to inform him in another way.

What to do and how to inform the dismissed person about the upcoming release from official duties if he is absent or refuses to sign the notice:

1. Send by registered mail to the address of registration (if the person was not at the enterprise).
2. Draw up an act on the employee's refusal to sign (in the presence of witnesses).

In addition to this, in both cases, a written notice should be registered in a special journal.

Important! If there is a reduction in staff, then the subordinate, after informing, should be provided with other suitable vacancies in the enterprise.

How long does it take for an employee to notify their manager of their departure?

Article 80 of the Labor Code of the Russian Federation.

The subordinate must notify the head of the dismissal of his own free will 14 calendar days in advance according to Article 80 of the Labor Code of the Russian Federation. If the contract is terminated by agreement of the parties, then there may not be a 2-week notice from the employer if the director and employee have agreed on this.

If the subordinate and the manager agreed that the first one would leave the enterprise in less than 2 weeks, but at the same time the departure was not documented by mutual agreement, then this also does not contradict the Labor Code.

In what cases is it necessary to warn the boss 3 days in advance?

Article 71 of the Labor Code of the Russian Federation.

An employee can also leave work during the probationary period under Article 71 of the Labor Code of the Russian Federation. The notice of dismissal must be sent to the manager at least 3 days before the desired date.

At the same time, the employment contract must indicate that the subordinate is being tested.

Important! If the contract is issued only after the probationary period has passed, then there must be an additional agreement. If the test period is not indicated anywhere, and there is no information that a person passes it, then he is considered to be hired.

In addition, a subordinate may be dismissed with a notice to the director 3 days in advance in the following cases.

Moreover, both of these points must be spelled out in the contract.

Under what other circumstances is it not required by law to notify the employer 2 weeks in advance?

In some cases, a person may quit even the next day after notifying the boss.

What circumstance allows you to warn the employer of dismissal in less than 14 days:

• retirement;
• enrollment in any university (required for the full-time department);
• transfer of the spouse (or wife) of a subordinate to another city (for work or service);
• the need to care for a family member;
• moving an employee to another city for permanent residence;
• pregnancy;
• a sharp deterioration in health.

To confirm one of these circumstances, the employee must provide the relevant documents (conclusion from the clinic, train tickets, and so on).

If a subordinate wants to leave the enterprise without a two-week working off on the basis of pregnancy, then the law obliges her to bring a certificate from gynecology, an enlarged belly is not a confirmation. If this document is not available, then the woman does not have the right to leave without warning in 14 days.

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