If the employee made the decision to dismiss while on vacation, it is important to correctly draw up the calculation and all the necessary documents. Consider in the article how to properly quit during vacation, the timing and procedure for dismissal, as well as the amount of deductions in cases where the vacation is provided in advance.

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

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

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

An exception is the situation when, for certain reasons, the employee is not able 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 the employee must indicate this circumstance in his application. In the absence of such reasons, dismissal of one's own free will at an earlier date is possible only upon reaching an agreement with the employer.

Withdrawal from vacation and refusal of a letter of resignation

When an employer receives a letter of resignation of his own free will from an employee on vacation, there is no need to revoke it. Not only because at the current time he does not bear 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 for dismissal came from the employee, a 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 dismissal does not occur, unless an invitation has already been drawn up 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, in this case cannot be refused.

From what day does the two-week warning period start?

The letter of resignation can be handed over by the employee to the employer in person or sent by mail. The two-week notice of dismissal is counted from the next 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 the day when it is duly registered with the addressee organization.

Dismissal while on leave granted in advance

The employee can decide to dismiss at his own request and during the vacation, which the employer provided him with an advance payment, i.e. before he earned it right. In this case, there is a problem of recalculation of vacation pay already paid (part 4 of article 137 of the Labor Code).

It is important to note that a similar situation can take place 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 the vacation 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 undertaking.

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 to be performed for medical reasons, or if the employee does not have such work (clause 8 of article 77 of the Labor Code);

• in the event of the liquidation of the enterprise or the 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 the owner of the organization changes (clause 4 of article 81 of the Labor Code);

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

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

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

• in the event that an employee or employer - an individual has died or is recognized by the court as dead or missing (clause 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, catastrophes, natural disasters, major accidents, epidemics, etc. (clause 7 of article 83 of the Labor Code).

In the event that an employee is dismissed on other grounds, no more than 20% of each payment must be withheld from his salary, and the percentage is calculated from the amount from which it is withheld

The questions were answered by E.A. Shapoval, lawyer, Ph.D. n.

Vacation + dismissal? We combine correctly

Some employees want to take a vacation before leaving. And here two situations are possible:

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

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

An employee on vacation can be dismissed at will

The employee went on a scheduled vacation in July. While he was on vacation, we received a letter from him by mail asking him to fire him. Are vacation days included in the two-week notice to the employer of dismissal? Besides, we can't fire an employee while he's on vacation, can we?

: You cannot fire an employee on vacation only at the initiative of the employer (for example, on layoff) Art. 81 of the Labor Code of the Russian Federation... Your employee leaves of his own free will.

WE TELL THE EMPLOYEE

Term of notice to the employer about dismissal voluntarily, if the application is sent by mail, is calculated after receiving it by the employer. Therefore, two weeks need to add more days for sending a letter by mail.

The Labor Code of the Russian Federation does not provide for the possibility of extending the term of the 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 period of the employer's notice of dismissal. In this case, the two-week notice period of dismissal is counted from the day following the day the employer receives the application, the employee a Art. 80 of the Labor Code of the Russian Federation... Therefore, you need to fire the employee on the last day of the two-week notice of 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 days worked before vacation, compensation for unused vacation, if he still has unused vacation days), as well as issue a work book and others. documents related to work. If you pay your salary through the cashier, then you can keep it at the cash desk for no more than 5 working days, including the day the money is received at the bank. Clause 4.6 of the Regulation of the Central Bank of 12.10.2011 No. 373-P... Since the employee is on vacation, most likely, at this time he will not come for payments and work book. Then deposit the unclaimed amount back to the bank (i.e. deposit it).

For more information about the procedure for registration and reflection in the accounting of the deposition of unclaimed salaries, it is written:

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

Leave 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. You will indicate this date 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 issue 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 COP dated 25.01.2007 No. 131-О-О; Rostrud letter dated 24.12.2007 No. 5277-6-1... Do not forget 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 of the Labor Code of the Russian Federation.

Layoff day can be a day off

T.A. Kraskovskaya, Yaroslavl

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

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

Two-week work can be replaced with a vacation followed by dismissal

O.I. Titova, Smolensk

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

: 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... Indeed, as a rule, the employer needs time to find another employee for the vacant position, he wants the quitting employee to finish something, transfer the case, and the employee expects to work for some more time and receive a salary. And then get also compensation for the unused vacation.

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

• <или>dismiss the employee from the date specified in the application, with payment of compensation for two weeks of unused vacation. In this case, the date of dismissal will be the date specified in the letter of dismissal and Art. 84.1 of the Labor Code of the Russian Federation;
• <или>provide leave with subsequent dismissal with the payment of vacation pay. Then the date of dismissal will be the date on which the last day of the vacation falls. Art. 127 of the Labor Code of the Russian Federation... And this will allow the employee to increase the length of service for benefits and pensions and h. 1 tbsp. 16 of the Law of December 29, 2006 No. 255-FZ; Art. 10 of the Law of 17.12.2001 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 the same about Art. 139 of the Labor Code of the Russian Federation; Position approved. Government Decree of 24.12.2007 No. 922 (hereinafter - the Regulation).

In case of reduction, you can provide leave with subsequent dismissal

V.T. Markina, Ulyanovsk

Our organization has been downsizing since August 1, 2012. Employees were given written notice of layoffs on May 28, 2012. One of the employees wrote a statement in which he asked to postpone his annual leave, according to the schedule planned for September 2012, to July 2012 The management doesn't mind. Is it possible to postpone an employee's vacation in such a way in case of redundancy? Should we give the employee full leave or only for the hours worked?

: The transfer of vacation is possible by agreement of the parties. If your management does not object, you can grant 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 guilty actions of the employee (for example, upon dismissal for absenteeism) Art. 127 of the Labor Code of the Russian Federation.

FROM AUTHORIZED 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 the reduction of the number or staff of an employee in p. 2 h. 1 tbsp. 81 of the Labor Code of the Russian Federation.

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

If you provide a full vacation, then you will pay the employee a part of the unworked vacation. And you will not be able to withhold overpaid vacation pay. p. 2 h. 1 tbsp. 81, art. 137 of the Labor Code of the Russian Federation, but you will be able to attribute to expenses the amount of vacation pay for the part of the vacation provided in advance clause 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 a vacation followed by dismissal before the start of the vacation

S.Yu. Krasikova, Omsk

An employee goes on vacation with subsequent dismissal from July 16 to July 29, 2012. How to calculate the length of time for vacation correctly: on the day of dismissal (July 29) or 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 the leave, the employee does not retain his place of work for the duration of the vacation Art. 127 of the Labor Code of the Russian Federation... Consequently, the vacation period is not included in the vacation experience, that is, Art. 121 of the Labor Code of the Russian Federation in this case does not apply.

FROM AUTHORIZED SOURCES

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

Ministry of Health of Russia

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

Part-day leave cannot be granted

A.N. Zherdeva, Tula

The employee applied for a vacation followed by dismissal. The management is not opposed to giving him such leave. At the time of the start of the vacation, his vacation record was 7 months and 22 days. How many vacation days does he need to provide and pay?

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

From reputable sources

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

Ministry of Health of Russia

In your situation, the work experience of an employee is 7 months 22 days should be rounded up to 8 months in Rostrud letter of 23.06.2006 No. 944-6... Consequently, the employee is entitled to 18.64 vacation days (8 months x 2.33 days). Since it is impossible to provide part-day leave, you need to provide the employee with 18 days of leave and pay vacation pay for them, and pay compensation for the vacation for another 0.64 days.

The next vacation cannot be reissued for leave with dismissal

E.K. Selezneva, Ryazan

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

: Granting leave followed by dismissal is a right, not an obligation of the employer Art. 127 of the Labor Code of the Russian Federation... Therefore, it all depends on the decision of your leadership.

If the manager does not object to the granting of leave to the employee with subsequent dismissal, you need to issue the employee with leave with subsequent dismissal from July 16 to August 12, 2012.The calculation period for his payment will be July 2011 - June 2012. And the day of dismissal of the employee is 12 August 2012 Art. 139 of the Labor Code of the Russian Federation; cl. 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 have passed from the date of receipt of the employee's letter of 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; cl. 4 of the Regulations

Upon dismissal on vacation, this vacation is included in the vacation record.

M.I. Bulkina, Rostov

The employee went on annual paid leave for 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 salary for May 2012 and vacation pay. While on vacation, the employee brought a letter of resignation of his own free will. The two-week notice of termination expires on June 27, 2012. How can you get the overpaid vacation pay for June and July 2012 from an employee that he did not work?

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

For more information on judicial practice in cases of recovering unearned vacation pay from those who quit, see: 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>offer the employee to voluntarily return the overpaid vacation pay;
• <или>try to recover them in court e articles 1102, 1109 of the Civil Code of the Russian Federation... However, the chances of getting a debt on unearned vacations from a resigned person in court are small, since most disputes over the collection of unearned vacation pay did not end 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 jurisprudence in your region.

02/25/2019, Sasha Bukashka

Dismissal during vacation of your own free will is one of the ways to terminate an employment contract without working off. This is a fairly common way to end an employment relationship. In the article, we will consider how to write a statement correctly, how long it takes 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 remain relevant to this day, since it affects the interests of the employer and the employee himself. In this regard, the labor law of Russia defines clear instructions. For example, a part prohibits the employer from calculating an employee who is on legal rest. The exclusive grounds when the employer has such a right are cases such as the liquidation of the enterprise or the termination of the activity of the individual entrepreneur. But as regards employees, no prohibitions are established by the Labor Code of Russia, for example, on dismissal during their vacation of their own free will.

Two ways to quit after vacation

The employee can choose one of two ways:

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

In the first case, he can write a statement granting him a period of annual rest with further dismissal and refer (send) it to the personnel department of the enterprise. The employer will have to calculate and transfer the 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 obliged by law to issue a work book with a corresponding mark made in it. In this case, the date of dismissal will always be the date of the last day of rest.

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

Dismissal during a vacation of his own free will in the second situation assumes that the employee warns management 14 days before the expected date of leaving and not later. However, there are times when you can choose not to do this. This is the onset of the circumstances listed in.

That is, there is no need to warn two weeks in advance in the event of:

• admission to an 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 does it take to warn about leaving

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

When you leave while on vacation, there are several options for filing a petition:

1. You can declare your upcoming leave at the same time you apply 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 letter of resignation can be written during 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 appropriate documents.

Working off after vacation

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

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

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

Example:

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

If the vacation is less than 14 days, then the remaining warning time 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 terminating an employment contract and settlement are carried out in the usual manner.

IMPORTANT! If an employee applies for dismissal while on vacation, there is no need to recall him from vacation.

The same rules apply to dismissal during sick leave.

When settlement 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 vacation. On the last working day, wages, bonuses (if they are implied by the employment contract), compensation for unaccompanied vacations and other payments provided for by the collective or labor agreement must be paid. This is an exception to the general rule.

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

If the director leaves

For dismissal on vacation of their own free will for such a category of employees as company managers, there are different rules. In particular, the provisions stipulate the right of an employee-manager to early termination of an employment contract. He is obliged to notify of his decision in writing no later than one month in advance.

Please note that the calculation of the time for notification of dismissal of their 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 must be observed when leaving vacation

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

1. Termination of employment must be formalized after two weeks, since the worker has the right to change his mind and withdraw his notice.
2. When the employee is still on vacation during the notice period, the employer will be obliged to fire him by recounting the vacation pay. To do this, it is necessary to issue 2 orders: one - on the cancellation of the previous vacation, and the second - on vacation of a different duration.
3. There are situations when rest or part of it was provided to the 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. In such a situation, the restrictions on deductions from wages established by the regulations should be taken into account. The total amount of deductions for payment of the calculation cannot exceed 20%, and in situations established by federal laws, 50% of the salary due to the employee.

Did your employee decide to quit while on vacation? Then you need to correctly draw up the documents and complete all calculations with him. Our colleagues from the Salary magazine tell us 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 has expressed a desire to quit during vacation, then labor legislation does not establish any restrictions. In this case, it is important that the employee observes the deadlines for filing a letter of resignation, and the employer observes the procedure for carrying out the termination procedure.

Dismissal notice period

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

Often, in practice, there is a substitution of the concept of "warn" for "work out". Although even the very concept of "working off before dismissal" does not exist in the Labor Code. We are talking about the deadline for filing a letter of resignation - no later than two weeks.

The exception to the general rule are cases when further work cannot be continued and the employee must quit on a certain day. This can 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 decided to leave the company at an earlier date without good reason, then this is possible only by agreement with the employer.

Labor law prohibits termination of employment with an employee while 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 wishes it.

In addition, there are several other good reasons for dismissing an employee during his vacation, for example, when the parties reach a mutual agreement on the need to terminate the employment relationship. In addition to the main leave, there are also additional, maternity and childcare leave. In each specified case, the company does not have the right to dismiss the employee on its own initiative, only upon the complete cessation of economic activity. But the employee himself has every right to quit at any time, only you need 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 TC. You should wait for his release from vacation, and only after that, you can be fired.

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

• If the employee wrote an application and wished to quit himself;
• If a written agreement has been reached between the employer and the employee to terminate the employment contract;
• In the event of the termination of the activities of the enterprise where the employee is listed.

At the same time, dismissal during the next vacation is 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 fire him. And if any issues continue to remain unresolved between the parties, then they can be referred to the court for resolution. This often happens when a logistically responsible employee is fired, when he did not conduct an inventory properly. 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 event of a compulsory bankruptcy procedure, the law allows for a significant reduction in the notice period. Such a wording of termination of an employment contract is entered into the work book only when there is a complete liquidation, without transferring assets to another company, without reorganization and other legal tricks that unscrupulous employers often go to in order to get rid of most of their subordinates.

How to quit your job on vacation

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

Having written, while on vacation, an application for leaving, the employee has the right, without even going to work, to walk off the days allotted to him, after which, to receive an order for his dismissal and documents in hand. It all depends on the length of the vacation. If it is less than two weeks, then some time will still need to be delayed at work. Indeed, according to the law, you need to warn of your intention to leave two weeks before 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 of filing the application to its end).

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 before it starts. It was on this day that the calculation should be carried out, the work book was issued in hand. And after the prescribed rest, he simply does not go to his workplace.

In the case of sending a letter with a statement about the desire to terminate the employment contract to the employer's address, dismissal occurs of their 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, there is such or a longer period of time before its end. And any employer should know that it is impossible to dismiss an employee while on a well-deserved annual rest only if it is the employer's initiative, spelled out 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, the employee can send a letter of resignation to the address of the organization of his own free will. It is important to remember that the application is sent to the legal address of the company. 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 fact of receipt of the corresponding mail notification of delivery of a valuable letter.

To quit while on vacation is a right guaranteed by law for every employee. Therefore, you should not be afraid that the employer will not accept the application, or will not sign it.

By the way, the norms of labor law do not 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 the application was received. Indeed, it is from the next day, after the one indicated on the application, that the period of fourteen days of "working off" is calculated. To figure out how to properly quit during 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 post. The law does not establish any restrictions that may allow retaining an employee at the enterprise. On the contrary, on the last day of his work, the employee must be issued with all labor documents and payments. Including a work book, along with certificates of income and insurance deductions.

Is it possible not to work out for two weeks?

An employee can agree with his superiors, and not finalize the allotted time. In addition, the same eightieth article of the Code lists only some cases in which you can resign early, and which are considered respectful in any case:

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

In the latter case, a court decision that has gained legal force, or an order of the labor inspectorate, serves as confirmation of the fact of violation of the law. The employee himself does not have the authority and right to consider his rights violated only because he does not agree with the decision of the higher management. This list is not exhaustive. In judicial practice, there are explanations 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 work is more preferable for the employee himself than for the employer. After all, he has the opportunity to take his vacation and not sit at his workplace for the notorious two weeks. The enterprise, for its part, has no right not to fire him, or refuse to issue the calculation and documents, since these actions threaten the company with the imposition of administrative penalties, due to violation of the norms of labor legislation.

It is possible to terminate the employment contract with the company ahead of schedule when an agreement is reached between the parties. Unfortunately, the norms of the Labor Code do not indicate to us a specific procedure for the termination of labor relations, but the labor inspectorate gives an explanation that dismissal with such a wording is not only possible, but also necessary exactly the number indicated in the employee's statement, or in a written agreement, which is addition 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 mandatory presence.

Are you fired on maternity leave?

A type of vacation is maternity leave. According to the law, an employee who is on maternity leave can be dismissed only at her request, when she indicated in writing about her will. A woman can send her application by mail even during maternity leave. There are often cases when a company simply wants 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 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 complex 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 be dismissed from his position. Staying 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, the company decided to fire. Only here the reason for the dismissal, according to the employer, may be a change in working conditions and an employment contract, which the employee will obviously not be able to accept, since this is associated with moving to another city. The court declared such dismissal illegal, since no one had the right to dismiss her during the vacation.