Hello! Due to family reasons, I am not working now and spend most of my time at home alone with my child. Apparently because of this I am constantly

Author of the article: Anastasia Ivanova Last modified: January 2021 17811

Labor legislation provides for various situations that arise during the conclusion, operation and termination of labor relations. Termination of a contract can occur for various reasons. One of them may be certain circumstances in the family. In this article, we will look in detail at how to quit your job for family reasons.

Cases of dismissal without agreement with the employer

An employee who does not have the opportunity to continue working may resign without working off ( Article 80 of the Labor Code of the Russian Federation ). Reasons for dismissal due to family or personal circumstances include:

• Enrollment in an educational institution for full-time full-time education.
• Retirement due to reaching the required age (dismissal of a pensioner upon further employment is carried out in accordance with the general procedure).
• Moving to another area for persons who are spouses of military personnel to their place of service.
• Departure to another region or outside the country.
• The onset of disability that does not allow you to continue working. The need to provide care for close relatives also serves as a family circumstance for the urgent termination of employment relationships.

Personal circumstances requiring dismissal without work must be supported by relevant certificates issued by official bodies. As supporting documents, they use a certificate of transfer of a spouse, a note in the passport about deregistration, a certificate from a medical institution, the dean’s office of an educational institution, and others. When dismissing an employee, an agreement between the parties can be reached (Article 77 of the Labor Code of the Russian Federation and 78 of the Labor Code of the Russian Federation).

Dismissal without work

Article 80 of the Labor Code of the Russian Federation establishes situations when you can quit without working the required two-week period. They are:

• Reorganization of the company and transfer of an employee to a new place of work and his relocation;
• Relocation of a spouse to carry out work activities in another locality;
• Illness of a close relative/child while caring for him/her. Not only parents, but also grandparents and other close relatives have the right to do this. The administration of the enterprise may require confirmation of such relationship.

Important! It is established by law that the presence of these circumstances allows a person to quit without working for the required period. In other cases, the employer may refuse and require you to work for a regulated period of 14 days. But if the situation is really very difficult, then you can discuss this with the manager by providing him with supporting documentation. Mostly, managers allow you to quit immediately.

In any case, having made a decision, the person must draw up a statement of planned care. It is drawn up in general terms, but if you want to resign early, you must provide a compelling reason for this. For example, you need to specify:

• Request for release from the obligation to work for another two weeks;
• The seriousness of the reason for the hasty termination of the contract. If there is evidence, it must be submitted with the application. For example, an extract from the relevant medical card of a patient, including a child;
• Availability of confirmation of the specified circumstances. Specify that specific documents are attached and list the number of copies.

If the manager is not against letting a person go without the necessary work for the established period, then there is no need to indicate the importance of urgent dismissal.
You can simply draw up an agreement between the head of the organization and the employee and add a clause to it. The document is prepared in writing in two copies and signed by the participants in the labor relations. One of them is transferred to the resigning person, the other is kept in the organization.

Procedure for dismissal without service

The procedure for dismissing an employee for family reasons without working off work is similar to the procedure established for a standard case of termination of a contract.

Terms of dismissal for family reasons

Upon agreement with the employer on the date of dismissal, a reasonable period necessary for the transfer of cases is determined. Responsible persons of the enterprise need time for documentation, calculations, and preparation of certificates.

In the event of urgent family (personal) circumstances, dismissal is carried out on the day specified by the employee. In the traditional version, dismissal is formalized the next day after filing the application. When composing the text, it is necessary to avoid using the preposition “with” for the date of dismissal.

An example of an incorrect date

Employee R., while on vacation until September 4, 2021, submitted an application to the head of the company with a request to terminate the contract from September 5 due to the illness of a relative. The application was accompanied by a certificate from a medical institution and a document confirming the relationship. The letter was sent to the manager by mail. As a result, the employer decided to dismiss him on the 8th, providing a period for the transfer of cases. Conclusion: The date of termination of the contract could have been the day indicated by the person if the employee had not entered an indefinite date into the document.

Valid reasons (for family reasons and not only)

The Labor Code lists the reasons for which you have the right to leave without warning:

• decree
• if a child is sick
• there is a child in the family who is disabled and needs care and supervision (until he reaches adulthood)
• transfer to another location
• moving
• providing care and assistance to a sick or elderly relative.

These reasons arise in the family and immediate environment of the employee, and they are considered sufficient grounds for obtaining the privilege - if you want to leave work immediately, without violating anything.

Application from an employee if it is necessary to dismiss without work

The employee must indicate his intention to terminate the employment contract in the application. The main feature of the application is the need to indicate the reason for dismissal. When drawing up a document:

• Business style is applied. The reason for dismissal is stated briefly, without showing emotion.
• The parties are indicated - position data, full name of the manager and the applicant.
• The signature of the person and the date of preparation of the document are required.

If the document does not contain the desired date of dismissal, the employer is guided by the day the application is submitted. In case of dismissal by agreement between the manager and the employee, an application is not submitted. To document the agreement of the parties, another document developed by the companies is used.

Sample application for dismissal without service

How to write an application correctly?

It is necessary to understand how to correctly write a resignation letter or report. If there are no forms, you must write in free form on an A4 sheet.

Here is an example of a letter of resignation for family reasons:

• On the top right is the full name of the organization, full name and position of the leader and employee from whom the application is received (if a report is being written, then you need to write the number of the military unit, full name, position and rank of the unit commander and your own);
• name of the document “Application” or “Report”;
• text approximately as follows: “I ask you to dismiss me from ___ ________ 20__ for family reasons”;
• date and signature.

Military personnel must also attach documents to the report confirming that a difficult life situation has developed, so before signing the document, you need to make an inventory of the attachments.

A sample application for dismissal for family reasons without service is available.

Dear readers! To solve your problem right now, get a free consultation

— contact the on-duty lawyer in the online chat on the right or call:
+7
— Moscow and region.
+7
— St. Petersburg and region.
8
- Other regions of the Russian Federation
You will not need to waste your time and nerves
- an experienced lawyer will take care of solving all your problems!

Application methods

The employee must follow the procedure for submitting an application adopted by the organization - personally to the manager, through the secretary or personnel officer, followed by an interview with the director. In addition to submitting a document in person, sending it by mail is a legal way. The method is used when special circumstances arise, for example, disability.

Settlement with an employee dismissed for family reasons

With the exception of the right to dismissal on any stated day, no other privileges are provided to the employee. The settlement with the employee contains payments:

1. Wages and bonuses due.
2. Compensation for unused vacation.
3. Severance benefits, if eligible to receive them. For example, a number of enterprises establish by local acts severance pay upon dismissal due to retirement.

Full payment is made on the last working day (Article 140 of the Labor Code of the Russian Federation). If the employee is absent on the last day of work for a valid reason, the employer informs the person in writing about the need to receive a payment.

Dismissal procedure

Termination of a contract due to family circumstances is carried out in accordance with the general procedure. In such a situation, you need to follow the standard scheme:

1. The employee submits an application or signs an agreement with the head of the company.
2. Formation of a dismissal order, familiarization with it to the employee and transmission to the structural units involved in the process.
3. If necessary, work out the established two-week period.
4. On the last working day, the employee is given the required payments, work book and other documentation that may be needed for subsequent employment.

Dismissal after expiration of vacation

One of the options for terminating an employment relationship without working off is dismissal upon expiration of the vacation ( Article 127 of the Labor Code of the Russian Federation ). An employee who has unused vacation at the time of submitting the application must indicate a request for dismissal upon its expiration. The design features are due to a number of circumstances.

The procedure for granting leave before dismissal is indicated by Rostrud in letter No. 5277-6-1 dated December 24, 2007.

Providing leave with subsequent dismissal is the right of the employer. From the date of the vacation, the employer has no obligations to the employee. Incapacity for work acquired while on vacation and confirmed by a document does not serve as a basis for postponing the date of dismissal.

Head of the Legal Department of Rostrud I.I. Shklovets

Errors made during registration

To terminate the contract without working out, you must provide valid reasons and documents. When registering, an employee may make mistakes:

• There are no documents confirming the occurrence of family circumstances requiring urgent termination of the contract.
• The application does not indicate the reason and desired date of dismissal.

The date of termination of the contract must be endorsed by the manager.

Question No. 1. What to do in a situation where there is no possibility of personal presence during dismissal, for example, in case of illness?

An employee who is unable to obtain a paycheck, work book and income certificates submits an application to the personnel authority with a request to send documents by registered mail and funds to a personal account.

What payments are due?

In cases where the family circumstances that arise are not related to the articles listed slightly above from the Labor Code, the employee is entitled to the standard amount of payments.

They consist of two parts:

• salaries for the period worked from the last payments;
• compensation paid for days of unused vacation.

In 2021, an employee dismissed due to family circumstances prescribed in the articles of the Labor Code of the Russian Federation has the right to be exempted from working hours, however, he does not have additional privileges.

As a result, the amount of payments due to him will be the same as upon dismissal of his own free will. But it is still possible to receive additional payments, but only if they were provided for in the collective agreement or local act of the organization.