If the employee has decided to quit during the holidays, it is important to correctly draw up the calculation and that's it. Required documents. Let's consider in the article how to quit during vacation, the terms and procedure for dismissal, as well as the amount of deductions in cases where vacation is provided in advance.

According to (Article 81), the employer does not have the right to dismiss an employee who is on vacation on his own initiative, except in cases related to the liquidation of the enterprise or the termination of the employer's activities as individual entrepreneur.

If the termination initiative employment contract comes from the employee and he informed the employer about this during his vacation, there are no legal grounds to interfere with this decision. On the part of the employee, only the deadlines associated with the submission of such an application should be taken into account, and the employer must correctly carry out the dismissal procedure.

On the termination of the employment contract at the initiative of the employee on vacation, this employee must notify the employer in writing at least two weeks before the desired dismissal (part 1 of article 80 of the Labor Code). This time is provided to the employer to fill the resulting vacancy.

An exception is the situation when, for certain reasons, the employee is unable to continue working from a specific date. This, as defined in Part 3 of Art. 80 of the Labor Code, may be associated, for example, with admission to study, retirement, etc., and this circumstance the employee must indicate in his application. In the absence of such reasons, dismissal for own will in more early term possible only upon reaching an agreement with the employer.

Recall from vacation and refusal of a letter of resignation

When an employer receives a voluntary resignation letter from an employee who is on vacation, there is no need to withdraw it from. Not only because he currently does not have work obligations, but also in accordance with Part 2 of Art. 125 of the Labor Code, which states that recall from vacation is possible only with the consent of the employee. If there is no such consent, since the initiative to dismiss came from the employee, forced recall from vacation is impossible.

The employee has the right to withdraw his application at any time before the expiration of the period established by law - then the dismissal does not occur, unless an invitation has already been issued in writing for another specific potential employee, who, as established in Part 4 of Art. 80 of the Labor Code, as well as in a number of other laws, it is impossible to refuse in this case.

What day does the two-week warning period start from?

The letter of resignation can be handed over by the employee to the employer in person or sent by mail. The two-week notice period for dismissal is counted from the day after the employer is notified of this (part 1 of article 80 of the Labor Code).

Accordingly, if the application in question was sent by mail, the moment of its receipt is considered the day when it is properly registered with the addressee organization.

Dismissal during leave granted in advance

The employee may decide to dismiss of his own free will and during the leave, which the employer provided him in advance, i.e. before he earned the right to it. In this case, the problem arises of recalculating already paid vacation pay (part 4 of article 137 of the Labor Code).

It is important to note that a similar situation can occur not only with new employees, but also with those who, for example, have already taken their next vacation and received permission for the next one ahead of schedule, or if the vacation lasted longer than expected.

final settlement

The employer has the right (but not the obligation) to collect debts from the employee in a number of cases stipulated by law, among which is the situation of dismissal during leave provided in advance (Article 137 of the Labor Code). If there is nothing to collect the debt from, you should either sue or abandon this idea.

Collecting debts from an employee is not legal if the employee was fired for one of the following reasons:

• due to his refusal to transfer to another job, which is required for medical reasons, or if the employee does not have such a job (clause 8, article 77 of the Labor Code);

• in case of liquidation of the enterprise or termination of the employer's activities as an individual entrepreneur (clause 1 of article 81 of the Labor Code);

• in cases (clause 2 of article 81 of the Labor Code);

• when changing the owner of the organization (clause 4 of article 81 of the Labor Code);

• in the case of military or equivalent conscription (clause 1 of article 83 of the Labor Code);

• when restoring a former employee at a given place of work, if this restoration was made in execution of a court decision or the Labor Inspectorate (clause 2, article 83 of the Labor Code);

• in the case when, according to the medical report, the employee is recognized as completely disabled (clause 5 of article 83 of the Labor Code);

• if the employee or employer individual died or were recognized by the court as dead or missing (paragraph 6 of article 83 of the Labor Code);

• in the event of the occurrence of circumstances that are recognized by the government of the Russian Federation or the authorities of the constituent entity of the Russian Federation as extraordinary, making it impossible to continue labor relations(military actions, disasters, natural disasters, major accidents, epidemics, etc. (Clause 7, Article 83 of the Labor Code).

If the dismissal of an employee is made on other grounds, no more than 20% of each payment is subject to deduction from his salary, and the percentage is calculated from the amount from which the deducted

E.A. answered the questions. Shapoval, lawyer, Ph.D. n.

Vacation + dismissal? We combine correctly

Some employees want to take off their vacation before they leave. And here two situations are possible:

• <или>the employee, while on vacation, decides to quit of his own free will;
• <или>the employee is about to quit, he has a non-holiday leave, and he asks to be granted leave with subsequent dismissal.

Registration of dismissal and settlements with employees in these situations are made in different ways.

An employee on vacation can be fired at his own request.

The employee went on vacation in July according to the schedule. While he was on vacation, we received a letter from him asking him to fire him. Are vacation days included in the two-week notice period for the employer to dismiss? Besides, we can't fire an employee while they're on vacation, can we?

: It is impossible to dismiss an employee who is on vacation only at the initiative of the employer (for example, to reduce) Art. 81 of the Labor Code of the Russian Federation. Your employee is resigning of their own accord.

TELLING THE EMPLOYEE

Termination notice period for an employer at their own request, if the application is sent by mail, calculated after it is received by the employer. Therefore, to two weeks, you need to add more days to send the letter by mail.

The Labor Code of the Russian Federation does not provide for the possibility of extending the period of notice of dismissal due to the absence of an employee at work. Art. 80 of the Labor Code of the Russian Federation. This means that vacation days are included in the two-week notice period for the employer to dismiss. At the same time, the two-week notice period for dismissal is counted from the day following the day the employer receives the employee’s application and Art. 80 of the Labor Code of the Russian Federation. Therefore, you need to dismiss the employee on the last day of the two-week notice period for dismissal, without waiting for the end of the vacation. On this day, you must make a final settlement with him if he is due any payments (for example, salary for the days worked before vacation, compensation for unused vacation, if he still has vacation days left), as well as issue a work book and others work-related documents. If you pay wages through the cash desk, then you can keep it at the cash desk for no more than 5 working days, including the day the money is received in the bank. clause 4.6 of the Regulations of the Central Bank dated 12.10.2011 No. 373-P. Since the employee is on vacation, most likely, at this time he will not come for payments and a work book. Then hand over the unclaimed amount back to the bank (that is, deposit it).

For more information on the procedure for registration and reflection in the accounting of the deposit of unclaimed wages, it is written:

And so that the employee does not recover from your organization average earnings for the untimely issuance of a work book, send him by mail by registered mail notification of the need to appear for a work book (or agree to send a work book by mail) and receive a calculation Art. 84.1 of the Labor Code of the Russian Federation.

Vacation with dismissal - we issue a work book on the last day of work

M.A. Sizova, Orenburg

The employee was granted leave from 2 to 29 July 2012 with subsequent dismissal. We have a regular five-day work week. On what day are we obliged to fire him, when should we give him a work book and make a calculation?

: The day of dismissal will be the last day of vacation - July 29, 2012. It is this date that you indicate in the employee's work book. But you need to pay off the employee (that is, pay wages for work in the second half of June), as well as give him a work book on the last day of work before vacation, that is, June 29 (June 30 and July 1 are days off) articles 80, 127 of the Labor Code of the Russian Federation; Definition of the Constitutional Court dated January 25, 2007 No. 131-O -O; Letter of Rostrud dated December 24, 2007 No. 5277-6-1. Do not forget at the same time that you still have to pay him vacation pay 3 calendar days before the start of the vacation, that is, no later than June 28 Art. 136 Labor Code of the Russian Federation.

The day of dismissal can be a holiday

T.A. Kraskovskaya, Yaroslavl

The employee was granted leave followed by dismissal. What day should we fire an employee if the last day of vacation falls on Sunday, July 15?

: When granting leave with subsequent dismissal, the last day of vacation is considered the day of dismissal. Art. 127 Labor Code of the Russian Federation. And, despite the fact that it is a holiday, you must fire the employee on July 15th. However, you need to pay him off and give him a work book on the last day of work before the vacation.

Two-week working off can be replaced with vacation followed by dismissal

O.I. Titov, Smolensk

The employee wrote a letter of resignation of his own free will. Is it possible to fire him without working off, taking into account the fact that at the time of filing the application he did not take two weeks of vacation?

A: It all depends on the agreement between the employee and the employer. If at least one of them objects, then the employee can be fired only after two weeks of work and Art. 80 of the Labor Code of the Russian Federation. After all, as a rule, the employer needs time to find another employee to fill the vacant position, he wants the resigning employee to complete something, transfer his affairs, and the employee expects to work for some more time and receive a salary. And then get more and compensation for unused vacation.

If neither the head of the organization nor the employee himself object to dismissal without working off 2 weeks, then you can:

• <или>dismiss the employee from the date indicated in the application, with payment of compensation for two weeks unused vacation. In this case, the date of dismissal will be the date indicated in the letter of resignation and Art. 84.1 of the Labor Code of the Russian Federation;
• <или>provide vacation followed by dismissal with vacation pay. Then the date of dismissal will be the date on which the last day of vacation falls a Art. 127 Labor Code of the Russian Federation. And this will allow the employee to increase the length of service for benefits and pensions and Part 1 Art. 16 of the Law of December 29, 2006 No. 255-FZ; Art. 10 of the Law of December 17, 2001 No. 173-FZ.

The amount of payments to the employee in both cases will be the same, since compensation for unused vacation and vacation pay is calculated in the same way. Art. 139 of the Labor Code of the Russian Federation; Regulation, approved. Decree of the Government of December 24, 2007 No. 922 (hereinafter referred to as the Regulation).

With a reduction, you can provide leave with subsequent dismissal

V.T. Markina, Ulyanovsk

Our organization has been downsizing since August 1, 2012. On May 28, 2012, employees received written notices of reductions. One of the employees wrote a statement in which he asked to transfer annual vacation scheduled for September 2012 to July 2012. Management has no objection. Is it possible to transfer vacation to an employee during a reduction? Should we give the employee a full vacation or only for hours worked?

: Postponement of vacation is possible by agreement of the parties. If your management does not mind, you can provide leave to the employee with subsequent dismissal instead of September in July 2012. After all, such leave is prohibited only upon dismissal due to the employee’s guilty actions (for example, upon dismissal for absenteeism) Art. 127 Labor Code of the Russian Federation.

FROM AUTHENTIC SOURCES

Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia

“ The Labor Code does not limit the ability to provide leave with subsequent dismissal in the event of dismissal due to a reduction in the number or staff of an employee in p. 2 h. 1 art. 81 of the Labor Code of the Russian Federation.

It is not legally determined how long the leave in such a situation should be provided to the employee: full or only for the hours worked. In our opinion, the employee can claim the number of vacation days that he has earned.

If you provide full leave, then you will pay the employee a part of the unworked leave. And you will not be able to keep overpaid vacation pay. p. 2 h. 1 art. 81, art. 137 of the Labor Code of the Russian Federation, but you can attribute to expenses the amount of vacation pay for the part of the vacation provided in advance paragraph 7 of Art. 255 of the Tax Code of the Russian Federation; Art. 137 of the Labor Code of the Russian Federation.

We count the length of service for vacation with subsequent dismissal before the start of the vacation

S.Yu. Krasikova, Omsk

The employee goes on vacation with subsequent dismissal from July 16 to July 29, 2012. How to correctly calculate the length of service for vacation: on the day of dismissal (July 29) or on the day preceding the first day of vacation (July 15)?

: Although the day of dismissal when granting leave with subsequent dismissal is the last day of leave, the employee does not retain his/her place of work during the leave Art. 127 Labor Code of the Russian Federation. Consequently, the vacation period is not included in the vacation period, that is, Art. 121 of the Labor Code of the Russian Federation does not apply in this case.

FROM AUTHENTIC SOURCES

“ Vacation followed by dismissal is a special case. The employee receives a calculation and a work book in his hands before the vacation. The employer doesn't owe him anything. Therefore, the period the employee is on vacation with subsequent dismissal in the length of service for paid leave is not included.

Russian Ministry of Health

Thus, the vacation period when granting leave with subsequent dismissal must be counted up to the day preceding the day the vacation began a Art. 127 Labor Code of the Russian Federation. That is, in your case, until July 15, 2012.

Part of the day leave cannot be granted

A.N. Zherdeva, Tula

The employee applied for leave with subsequent dismissal. Management is not against giving him such leave. At the time of the start of the vacation, his vacation experience was 7 months 22 days. How many vacation days does he need to provide and pay?

: Regarding your question, the Ministry of Health explained the following to us.

From reputable sources

“ If an employee is granted leave with subsequent dismissal and the number of days of leave, determined depending on the length of service, is not an integer, but fractional number, then leave is granted for an integer number of days for which vacation pay is paid. And for the rest, compensation is paid. ”

Russian Ministry of Health

In your situation, the worker's experience of 7 months 22 days should be rounded up to 8 months in Letter of Rostrud dated 06/23/2006 No. 944-6. Consequently, the employee is entitled to 18.64 vacation days (8 months x 2.33 days). Since it is not possible to provide part of the day leave, you need to give the employee 18 days of leave and pay vacation pay for them, and pay vacation compensation for another 0.64 days.

The next vacation cannot be re-registered for a vacation with dismissal

E.K. Seleznev, Ryazan

The employee was scheduled on vacation from June 25 to July 15, 2012. And he still had 28 days of unused vacation. On June 29, 2012, we received from the employee an application for granting him non-vacation leave with subsequent dismissal. Are we obligated to extend his vacation? And how to determine the settlement period in this case?

: Providing leave with subsequent dismissal is the right, not the obligation of the employer Art. 127 Labor Code of the Russian Federation. Therefore, it all depends on the decision of your leadership.

If the manager does not object to granting leave to the employee with subsequent dismissal, you need to issue leave to the employee with subsequent dismissal from July 16 to August 12, 2012. The billing period for its payment will be July 2011 - June 2012. And the day the employee is dismissed is 12 August 2012 Art. 139 of the Labor Code of the Russian Federation; clause 4 of the Regulations

If the manager refuses the employee, then you will have to dismiss the employee on July 13, 2012 (when 2 weeks expire from the date of receipt of the employee's application for dismissal) at your own request and pay him compensation for the unused 28 days of vacation. The period for its calculation will also be July 2011 - June 2012. Art. 139 of the Labor Code of the Russian Federation; clause 4 of the Regulations

When dismissed on vacation, this vacation is included in the vacation experience.

M.I. Bulkina, Rostov

The employee went on annual paid leave on 28 calendar days from June 4, 2012 to July 2, 2012 for the period from August 1, 2011 to July 31, 2012. We paid him wages for May 2012 and holiday pay. While on vacation, the employee brought a letter of resignation of his own free will. The two-week notice period for dismissal expires on June 27, 2012. How can the employee receive overpaid vacation pay for June and July 2012, which he did not work?

: In your situation, the employee received leave in advance for only one month - July 2012. After all, the employee leaves of his own free will, being on the next vacation. Therefore, the vacation itself is included in the length of service, giving the right to leave to Art. 121 Labor Code of the Russian Federation.

More about judicial practice on cases of recovery from retired unearned vacation pay, you can find out: 2012, No. 5, p. 56

As for vacation pay for 1 unworked month, that is, for 2.33 days (28 days / 12 months x 1 month), then if all settlements with the employee have already been completed, you can:

• <или>invite the employee to voluntarily return overpaid vacation pay;
• <или>try to recover them in court articles 1102, 1109 of the Civil Code of the Russian Federation. However, the chances of getting a debt for unearned vacation pay from a quit employee are small in court, since most of the disputes over the collection of unearned vacation pay ended not in favor of the employer. Definitions of the Moscow City Court dated 08.08.2011 No. 33-23166; St. Petersburg City Court dated 03.11.2011 No. 33-16437/2011. Therefore, when deciding whether to go to court or not, be guided by the judicial practice in your region.

02/25/2019, Sasha Bukashka

Dismissal during a vacation of one's own free will is one of the ways to terminate an employment contract without working off. This is a fairly common way to terminate an employment relationship. In the article, we will consider how to write a statement correctly, how long to warn the employer about your decision, as well as all the nuances of this type of dismissal.

How to quit on vacation? This topic does not cease to be relevant to the present, since it affects the interests of the employer and the employee himself. On this occasion, clear instructions are defined in the labor law of Russia. For example, a part forbids an employer to calculate an employee who is on a legal vacation. The exceptional grounds when the employer has such a right are such cases as the liquidation of the enterprise or the termination of the activities of the individual entrepreneur. But as for employees, there are no prohibitions, for example, on dismissal during their vacation at their own request, the Labor Code of Russia has not been established.

Two ways to quit after a vacation

The employee can choose one of two ways:

1. Go on vacation with further dismissal.
2. Quit straight from vacation.

In the first case, he can write an application for granting him a period of annual rest with further dismissal and take (send) it to the personnel department of the enterprise. The employer will have to accrue and transfer vacation pay three days before the start of the vacation. Payments of estimated and other due amounts to the employee must be made on the eve of the vacation, that is, on the last working day. Then he is required by law to issue a work book with the appropriate mark made in it. In this case, the date of dismissal will always be the date last day recreation.

This is what such an entry in the employee's book looks like:

Dismissal during the vacation period of one's own free will in the second situation assumes that the employee warns management 14 days before the expected date of departure and no later. However, there are cases where you can not do this. This is the occurrence of the circumstances listed in.

That is, you do not need to warn two weeks in case of:

• receipts in educational institution;
• retirement;
• violation by the employer of the norms established by laws or local acts of the company, the provisions of the collective agreement, as well as the employment contract with a specific employee (the simplest example is).

The employer in such circumstances is obliged to terminate the employment relationship with the employee on the date that the person himself indicates in his application.

How long to give notice

Article 80 Labor Code The Russian Federation has set deadlines for filing a letter of resignation. The employee has the right to terminate the employment relationship by notifying the employer about it two weeks in advance. This time is given in order for the manager to find a replacement for the place of the resigning person.

There are several options for filing a petition for dismissal during vacation:

1. You can declare your upcoming departure at the same time as applying for a vacation. In this case, the last day of vacation (if it is 14 calendar days) will be the last day of work.
2. The application for dismissal can be written during the vacation and delivered in person or by registered mail.

The warning period can be reduced either by agreement with the employer, or for other reasons: retirement, enrollment in an educational institution, and others. These reasons must be supported by relevant documents.

Work after vacation

Working off is usually called a two-week notice period for dismissal. It begins to flow from the moment the employer receives the application. Therefore, if you send a letter of resignation by registered mail with notification, the countdown will begin later - from the day the employer receives your document. You will learn about this from the notification of receipt.

If the application for dismissal was submitted simultaneously with the application for vacation, then the last day of the vacation will be the last working day. But this rule only works if the vacation is 14 days. In this case, after the vacation, you can not go to the old place of work.

If the vacation is more than 14 days, then you can calculate when to deliver the application to the employer so that after the vacation you do not return to workplace. In this case, the document must be delivered to the employer no later than 14 days before the end of the vacation period.

Example:

Worker LLC "Vasilek" Tsvetochny V.I. is on annual paid leave from March 11 to April 7. While on vacation, he decided to change jobs. Having calculated the number of days, he brought a letter of resignation on March 22. Since the document was immediately registered and the head was not opposed, Tsvetochny V.I. with peace of mind could no longer return to work.

If the vacation is less than 14 days, then the remaining time of the warning will have to be worked out.

Dismissal from vacation at your own expense

Dismissal from vacation at your own expense is no different from other cases. The procedure for submitting an application, the process of termination of the employment contract and the calculation are carried out in the usual manner.

IMPORTANT! If an employee applies for dismissal while on vacation, it is not necessary to recall him from vacation.

The same rules apply to dismissal during sick leave.

When the invoice is paid

Calculation upon dismissal of one's own free will during vacation is carried out according to the same principle as for ordinary dismissal, with one exception. All payments must be made before the start of the holiday. On the last working day, wages, bonuses (if they are implied by the employment contract), compensation for non-vacation leave and other payments provided for by the collective or employment contract must be paid. This is an exception to general rule.

Also on this day, the employee should be given a work book and all the documents necessary for dismissal.

If the director leaves

For dismissal on voluntary leave for such a category of employees as company executives, other rules are provided. In particular, the provisions enshrine the right of an employee-manager to early termination of an employment contract. He must give written notice of his decision no later than one month in advance.

Let us pay attention to the fact that the calculation of the time of notice of dismissal of one's own free will on vacation should begin the next day from the day the employee wrote the application and handed it over to the management. Rest days are included in this period.

What should be observed when dismissing from vacation

After receiving a letter of resignation from an employee, the employer should consider the following points:

1. The termination of the employment relationship must be formalized after two weeks, as the worker has the right to change his mind and withdraw his notice.
2. When the employee is still on vacation during the notification period, the employer will be obliged to dismiss him, recalculating the vacation pay. To do this, it is necessary to issue 2 orders: one - to cancel the previous vacation, and the second - to leave a different duration.
3. There are situations when rest or part of it was provided to an employee in advance and after its recalculation, the employee remains in debt. Then the employer needs to resolve the issue of withholding overpaid vacation pay. AT similar situation should take into account the restrictions on deductions from wages established by the regulations. The total amount of deductions when paying a settlement cannot exceed 20%, and in situations established by federal laws, 50% of the salary due to the employee.

Has your employee made the decision to quit while on vacation? Then you need to properly draw up the documents and complete all the calculations with it. Our colleagues from the Salary magazine tell how to do this.

The Labor Code prohibits the dismissal of employees during their vacation if the employer is the initiator of the termination of the employment contract (part 6 of article 81 of the Labor Code of the Russian Federation). An exception is the liquidation of an organization or the termination of activities by an individual entrepreneur.

If the employee himself expressed a desire to quit during the holidays, then labor legislation does not establish any restrictions. In this case, it is important that the employee complies with the deadlines for filing a letter of resignation, and the employer - the procedure for conducting the dismissal procedure.

Notice period for dismissal

The employee has the right to terminate by notifying the employer about this in writing not later than two weeks. This procedure is established in part 1 of article 80 of the Labor Code of the Russian Federation. This time is necessary for the employer to search for a new employee for an opening vacancy.

Often in practice, the concept of “warn” is replaced by “work out”. Although even the very concept of “working before dismissal” does not exist in the Labor Code. It's about on the deadline for submitting an application for dismissal - no later than two weeks.

An exception to the general rule are cases when further continuation of work is impossible and the employee needs to quit on a certain day. This may be admission to an educational institution, retirement and other cases when the employer is obliged to terminate the employment contract within the period specified in the employee's application (part 3 of article 80 of the Labor Code of the Russian Federation).

If an employee decides to leave the company at an earlier date without good reasons, then this is possible only by agreement with the employer.

Labor law prohibits the termination of employment with an employee while he is on vacation. But this case does not apply to dismissal of his own free will or due to the liquidation of the firm, organization or enterprise where he works. That is, dismissal during vacation is permissible if the employee himself wished it.

In addition, there are several more good reasons to dismiss an employee during his vacation, for example, if the parties reach a mutual agreement on the need to terminate the employment relationship. In addition to the main vacation, there are also additional, maternity, and childcare. In each case indicated, the enterprise does not have the right to dismiss an employee on its own initiative, only with the complete cessation of economic activity. But the employee himself has every right to quit at any time, he just needs to adhere to the procedural and documentary subtleties of the law.

In what cases is dismissal on vacation allowed?

The employer does not have the right to terminate the employment contract with the employee, on the grounds prescribed in Part 6 of Art. 81 TK. You should wait for him to leave the vacation, and only after that, you can fire him.

As we have already found out, it is impossible to terminate an employment relationship with an employee when he is on vacation, at the initiative of the employer, including redundancy, due to unsuitability, and even due to violation of labor discipline. When is it possible?

• If the employee wrote a statement and wished to quit himself;
• If a written agreement has been reached between the employer and the employee on the termination of the employment contract;
• In case of termination of the activity of the enterprise where the employee is registered.

At the same time, dismissal during next vacation allowed, regardless of its duration, or unfinished work by the employee. Even, on the contrary, at the request of the employee, the employer is obliged to dismiss him. And if any issues remain unresolved between the parties, they can be referred to the court for resolution. This often happens when a materially responsible employee is dismissed, when he did not properly conduct an inventory. And after his dismissal, a shortage was revealed.

When an organization is liquidated, its employees must be notified of the upcoming dismissal at least two months in advance. In the case of compulsory bankruptcy proceedings, the law allows for a significant reduction in the warning period. Such a wording of the termination of the employment contract is entered into the work book only when there is a complete liquidation, without the transfer of assets to another company, without reorganization and other legal tricks that unscrupulous employers often use to get rid of most of their subordinates.

How to quit your job while on vacation

There are two possibilities for an employee to combine vacation and his dismissal. The first option is a dismissal while on vacation, when the employee submits a letter of resignation while already on vacation. The second option is when an employee asks for leave with subsequent dismissal. With each of these options, the procedure for terminating an employment relationship will be slightly different.

Having written an application for resignation while on vacation, the employee has the right, even without going to work, to take off the days assigned to him, after which, to receive an order for his dismissal and documents with a count on his hands. It all depends on the duration of the vacation. If it is less than two weeks, then some time will still need to stay at work. After all, according to the law, you need to warn about your intention to leave two weeks before the dismissal. If it is long, you can expect that after the vacation you will no longer have to go to this place of work (if at least two weeks remain from the moment the application was submitted to its completion).

You can ask the employer to provide leave with subsequent dismissal. In this case, compensation for unused days is not paid, since the employee has already used it and received vacation pay. The day of termination of employment will not be the last day of the vacation, but the day preceding its beginning. It is on this day that the calculation should be carried out, issued employment history on your hands. And after the prescribed rest, he simply no longer goes to his workplace.

In the case of sending a letter with a statement of the desire to terminate the employment contract to the address of the employer, there is a dismissal of one's own free will without working off during the vacation. The law does not oblige the employee to complete the prescribed two weeks after the vacation, if at the time of filing the application, such or a longer period of time remains before its end. And any employer should know that it is impossible to dismiss an employee while on a well-deserved annual vacation only if it is the employer's initiative, prescribed in Art. 81 of the Labor Code of the Russian Federation.

The procedure for filing documents for dismissal

While at home, or in any other place, an employee can send a letter of resignation of his own free will to the address of the organization. It is important to remember that the application is sent to the legal address of the enterprise. If the actual and legal address do not match, then it is better to send the application in duplicate, to two addresses at once. Since in the event of a dispute (and it may arise if the employer says that he did not receive any application, or that it was sent to the wrong address), it will be possible to confirm the receipt of the corresponding mail notification of delivery of a valuable letter.

Quitting during vacation is a right guaranteed by law for every employee. Therefore, do not be afraid that the employer will not accept the application, or will not sign it.

By the way, the norms of labor legislation do not at all oblige the employer to sign the employee's letter of resignation. You just need to put a mark on the second copy of the document, which remains in the hands of the employee who wished to quit, about the date of receipt of the application. After all, it is from the next day, after that indicated on the application, that the period of fourteen-day "working off" is calculated. To figure out how to quit during a vacation, you should refer to the norms of the Labor Code of the Russian Federation.

Article 80 of the Labor Code establishes that the employee has the right to terminate the employment contract with the company where he works. The only requirement is to notify the employer two weeks before leaving the position. The law does not establish any restrictions that may allow keeping an employee at the enterprise. On the contrary, on the last day of his work, the employee must be given all labor documents and calculation. Including a work book, along with certificates of income and insurance contributions.

Is it possible not to work for two weeks?

An employee can agree with his superiors, and not finish the allotted time. In addition, the same eightieth article of the Code lists only a few cases in which you can quit early, and which are considered valid in any case:

• retirement;
• admission to study;
• when establishing the fact of violation by the enterprise of labor legislation

In the latter case, the confirmation of the fact of violation of the law is the court decision that has gained legal force, or the order of the labor inspectorate. The employee himself does not have the authority and rights to consider his rights violated just because he does not agree with the decision of the higher management. This list is not exhaustive. In judicial practice, there are clarifications in which cases the reason for early dismissal is legal. This, as a rule, concerns the illness of close relatives, and the need for an urgent move.

One way or another, dismissal during vacation without working off is to a greater extent preferable for the employee himself than for the employer. After all, he has the opportunity to take his vacation off, and not sit at his workplace for the notorious two weeks. The enterprise, for its part, does not have the right not to dismiss him, or to refuse to issue the calculation and documents, since these actions threaten the company with the imposition of administrative penalties due to violations of labor laws.

It is possible to terminate the employment contract with the enterprise ahead of schedule when an agreement has been reached between the parties. Unfortunately, the norms of the Labor Code do not indicate to us a specific procedure for terminating employment relations, but the labor inspectorate explains that it is not only possible to dismiss with such wording, but it is also necessary exactly by the number indicated in the employee’s statement, or in a written agreement, which is addendum to the employment contract. Accordingly, when an employee is on vacation on the day specified in the agreement, the employment contract with him is also terminated without his obligatory presence.

Are they fired on maternity leave?

The type of vacation is maternity leave. By law, an employee who is on maternity leave can be dismissed only at her request, when she indicated in writing her will. A woman can send her application by mail even during the maternity leave. It is not uncommon for an enterprise to simply want to get rid of a young mother, forcing her to write a statement, allegedly of her own free will. But this case belongs to the category of dispute resolution, and such a dismissal, in rare cases, can be considered illegal.

Young mothers often have the question of how to quit during parental leave. There are two ways to solve a difficult problem. The first way is a written agreement reached with the enterprise. The second way is to send an application by mail with a request to dismiss from your position. Being on parental leave also frees the employee from the required two-week work.

A case from practice: a young mother, who is on parental leave until she reaches the required age, was fired by the company. Only here, according to the employer, the reason for dismissal can be a change in working conditions and an employment contract, which the employee will obviously not be able to accept, since this is due to moving to another city. The court recognized such a dismissal as illegal, since no one had the right to dismiss her during the vacation period.