Dismissal by own willing During the holiday from the employee is not limited to the current legislation Russian Federation. True, much depends on the correctness of the design and submission of the application.

In turn, the employer is forbidden to dismiss employees during the holidays (Article 81 of the TC), with the exception of those cases where the enterprise or the employer itself ceases its activities.

When the employee is dismissed from the enterprise or firm at his own will, to explain the cause is not necessary, based on the current legislation of the Russian Federation.

Nevertheless, before the dismissal, the employee is obliged to warn his employer in advance of his decision. This is given deadline. This time is given to the employer in order to be able to find a new employee.

Over rare exceptions, employees of the personnel department may ask to specify the reason or confirm its documented, but in most cases it is sufficient to indicate that the dismissal occurs at their own request.

What documents will required?

In order to quit on his own desire being on vacation, the employee should have an order on. This is executed according to a special form (T-6A), or the form itself will be developed by the employer. Possed on the provision of vacation is also designated in a special form established by Rostrod, or by the employer himself.

Next is the abolition of the initial order. After all, when the employee, being on vacation wishes to quit, there is a change in the duration of the vacation itself, as well as. Since the legislation of the Russian Federation does not regulate this issue, it is desirable to preliminarily consult in the personnel department in order to eliminate some nuances in the future when making holidays in accounting.

Application on dismissal

The employee must indicate the date of dismissal (day, month, year), as well as the basis for dismissal: the first part of the eight-purpose article of the Labor Code of the Russian Federation.

In addition, the statement is indicated in the statement of the employee, as well as the FIO of the employer, in the name of which the employee submits a statement with the following text: "I ask me to dismiss me with my post on your own accord ...". Next is the date, signature and initials.

Procedure for dismissal

The primary employee must apply for dismissal in the personnel department, as the statement is issued and what should be indicated there - we wrote above.

After the application fell into the personnel department of your enterprise or company, an appropriate order for the dismissal of the employee is issued. The order is issued in a special form (T-8), where reference to the article seventy-seven Labor Code of the Russian Federation. In the same order, the requisites of the employee are also indicated. After the order is issued, the employee must familiarize himself with it and sign.

In case the order for some reason cannot be brought to the dismissed employee, the corresponding signature is made.

What compensation rely on dismissal at your own accord?

With such a dismissal, the employee from the employer is supposed to receive wages, as well as compensation for the unused vacation (if it is possible) and any other payments that were provided for by the employment contract or the charter of the enterprise itself.

If the vacation was used by an advance payment, a certain amount will be kept from the final payment, after recalculation of vacation taxes in the company's accounting.

Do I need to work out for two weeks when dismissal at your own accord?

Footless often arises, at their own request.

If the worker, being on vacation, decided to quit his own accord and discussed everything with the employer, he may not work out two weeks before dismissal, but to spend these days on vacation.

In this case, from the holidays that the employee put on will be a certain amount.

The dismissal itself on his own will without work is preferable for the employee, but not for the employer. Nevertheless, the company itself as an employer cannot refuse an employee in dismissal or refuse to pay the laid or others, because, in this case, the enterprise may be subject to administrative recovers and inspections, due to the violation of the Labor Code.

In the ideal situation, the dismissal agreement was negotiated between the employee and the employer, in other cases the work inspection will explain to the employer that the dismissal occurs exactly the number that is indicated in the dismissal statement that the worker filed. Therefore, even if the employee is on vacation per day, which is indicated as the last day of work in the enterprise, the dismissal occurs still without its mandatory presence.
Thus, work out for two weeks in the case of dismissal at your own desire during spending on vacation is not necessary.

As practice shows, dismissal at their own request during the holiday does not cause special conflicts between leadership and employee. Nevertheless, both legislative and politeness, you need to prevent the authorities of the company about your decision in advance so that they were able to find a dismissal employee. In turn, the employee's payouts depend on the employment contract or the company's charter, as well as from other nuances: whether the employee earlier received the ZP or not, etc. And remember, correctly decorated and submitted documents will protect you from excess time and curiosity, which may occur if errors have been made when making applications.

The dismissal procedure has always caused a lot of issues, despite the well-developed legislative norms of labor law. The fact is that dismissal is always associated with a specific situation, with emotional reactions (not always worthy), with a different interpretation of the law of two opposed parties: an employee and an employer.

Dismissal during vacation is no exception. And although the law is completely no matter on vacation or on a business trip, each employee has the right to go from work, notifying the employer for 2 weeks, but the dismissal procedure is connected with a number of nuances.

Situation 1. Dismissal during another extra vacation. If it is roughly calculated, every 2.5 months of work give the right to 1 week of vacation (although the term depends on the duration of the vacation, for example, in pedagogical workers, it is not 28 days, but 42). If an employee went on vacation earlier than the right to him appeared (he took an "advance"), it means that he should work out this time or return the organization for the indispensable hours (held on vacation). The bosses can respond to your dismissal during the holidays inadequately: it simply will not accept and not emit may request to rewrite a statement by putting other dates that motivating this by the fact that the employee is obliged to work out.

What to do in this case? The application is not to rewrite, to insist, so that you are calculated, I detected the indispensable hours of your holidays, if you have not received them yet. If you got, you can return to receipt. At the same time, always remember, the employer has no right to hold you, no matter what.

Situation 2. Dismissal during vacation can be a problem if the director is also on vacation and did not leave a person with the right signature (deputy, another responsible person), and if there is no opportunity to contact a higher leader (for example, to the founder, if you Worker Ltd. or OJSC).

What to do? Use all possible methods to notify the employer: at least by phone. This statement can be sent by mail to quickly and the post office has put a mark on obtaining (not your fault that the employer has not left the deputy). If the organization has a person who registers incoming letters (even better, if you can do it yourself), he is obliged to sign about receiving your application.

Situation 3. Being on vacation and adopting an unexpected decision to quit, you can leave unfinished affairs related to your duties. If you are an accountant and must pass the reporting, or you must make an inventory - such cases make it difficult to dismiss during the holidays.

What to do? We'll have to go to work during the holidays and finish incomplete things, for this you need a written order of the director about the call from vacation due to the "production" necessity. This option is better than transfering dismissal.

Situation 4. You will dismiss in connection with the transition to another job.

To do this, write a letter of dismissal in connection with the transfer to work in [...] (specify the organization). In it, specify the last day of vacation as the date of dismissal. But in coordination with the employer, you can quit on the same day (for example, in the middle of the holidays) and get compensation for unused vacation.

The head may require 2 weeks to exit leave. This requirement has no legal basis. The word "testing" is not in the Labor Code of the Russian Federation. No employee is obliged to work out, he is obliged only to notify in 2 weeks. At the same time, it is completely unimportant, whether dismissal during the period of vacation occurs, or during the hospital (on a business trip, it does not matter). Your absence at work for a valid reason does not oblige you to work out. You do not even have to transfer business to a new employee (except if you take a leadership position, you are a materially responsible person or accountant).

These cases are the most common, but may be complicated by a number of other circumstances. Always try to negotiate the employer. Dear fame and legal proceedings are not needed by any of you. If it does not work, follow the law - dismissal at your own request during the holidays provided for in the Labor Code, in Articles 77, 80.

It is necessary to desire the worker himself.

If he seduces it by writing a statement, then there are no other restrictions for dismissal during the period of vacation.

Options

How to quit? Being on vacation you can quit the applied one of the options:

1. Writing an application for dismissal on vacation, at your own request.

In the first case, the employee wants to leave the organization not immediately, but only after how goes away leave before dismissal. Labor book is issued before the start of the vacation period.

Money is also paid in advance. The employee rests the laid, and simply does not go to work. But you need to remember that the employer is not obliged to go on the employee and may refuse to leave with subsequent dismissal.

The second option, regardless of the desire of the employer obliges it to make a dismissal. Can I write an application for dismissal while on vacation? Vacationer it is not necessary to go to work at least one day for writing a statement.How many are mistakenly reading. That is, the review, which usually insists the authorities, do not need to do.

An employer can be understood. Written on vacation Submitting an obstacle to the notorious "working out". The employee will not get to pull out to the office so that he completed his affairs, passed the documents, taught another person. Writing a statement quietly waiting for the deadline for the end of the notice, and takes the documents without worrying about unfinished work.

But insist on the recall it is not valid:

1. No production factor.
2. There is no harmony consent.

In this video, it is described in detail about the first version, "leave with subsequent dismissal." What is worth paying attention to, and what should be fearing? Recommended for viewing:

The procedure and deadlines for submitting an application

When to pick up documents?

The day of dismissal is the longest time when the employee must receive the necessary documents:

• labor;
• certificates;
• final calculation.

The delay is unacceptable.

Responsibility of the employer

Labor legislation protects against the arbitrariness of the employer and allows you to initiate administrative penalties in the following cases:

1. Failure to fool (not signing a statement).
2. Violation of deadlines.
3. Non-return workbook.
4. Understandable calculation.
5. Invisible certificates.

The employer is important to comply with labor legislation, issuing dismissal as correct as possible.

Dismissal at your own request may always. The role does not play, there is a person on vacation or in his workplace. It is only important for the desire of the employee and the observance of the simple procedure for the rupture of labor relations.

Between the employee and the employer can be carried out at the initiative of one of the parties or in the form of an agreement, which in practice is also often initiated by one of them. At the same time, familiarization with the content of Art. 81, regulating the procedure for termination of the employment contract on the initiative of the employer, clearly demonstrates that the cessation of labor relations on this basis during the period of finding an employee on vacation is not permitted. Thus, dismissal during vacation is always produced:

The general procedure for dismissal on the initiative of the employee described in Art. The 80 TK of the Russian Federation, in turn, does not contain any restrictions on the submission period of the dismissal application. Thus, the specified situation should be interpreted as the presence of the employee the right to dismissal on his own request, including during the lack of workplace, for example, in period of temporary disability or stay on vacation.

At the same time, the date of dismissal does not have to occur after his recovery or leave from vacation: it is quite possible to stop labor relations with the employer and before the expiration of these periods.

The legitimacy of such a position confirm the specialists of Rostrud in a letter of September 5, 2006 No. 1551-6. In addition, the courts occupy a similar position: in our We give a detailed list of court decisions confirming this point of view.

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Vacation with subsequent dismissal

One of the options for dismissal on vacation is a vacation with subsequent dismissal. This personnel procedure is a situation where the employee announces its intention to terminate labor relations even before leaving for leave, knowing that after the end of its legal paid rest he will not return to the former workplace.

Providing vacation worker with subsequent dismissal is the right, not the obligation of the employer.

Among the workers, this method of termination of the employment contract is quite popular, since it eliminates the employee from the need to "work out" a two-week term from the moment of submitting an application for dismissal to the dismissal provided for Art. 80 TC RF. Such an opportunity for employees is provided for by the provisions of Part 2 of Art. 127 TK RF.

Note! In order to go on vacation with the subsequent dismissal, the employee must have the right to pay for vacation in accordance with Art. 122 TK RF.

However, it is worth it in mind that vacation followed by dismissal - the right is not for all employees: for example, such an opportunity cannot use employees who are dismissed for guilty actions, such as non-performance official duties or other.

In this case, the dismissal is not an employee's own initiative, but a disciplinary penalty. Therefore, he is not given the right to make dismissal during or immediately after vacation. Check out ours articleTo understand exactly which provisions of the Labor Code serve as a legal basis for such interpretation.

In the case, if the employee goes on vacation with the intention of subsequent dismissal, having a legal right, all the necessary operations related to his dismissal should be completed before it began. In our material We remind you of what you need to not forget, parting with an employee.

Rights and obligations of the employer when dismissing during vacation

Considering the possibility of termination of labor relations at the initiative of the employee, it should be taken into account that the subsequent dismissal application was not obligatory for execution by the employer. However, if the parties concluded an agreement on termination of the current employment contract, which is spelled out that the employee can part with the organization in this way, the employer is no longer entitled to refuse such a procedure.

Registration of dismissal during vacation

The procedure for making dismissal during the period of vacation at their own request includes several mandatory steps. Pay attention to the fact that they are in principle not from the dismissal procedure under normal conditions.

So, the following personnel procedures must be observed for dismissal:

obtaining an application for dismissal;

preparation of the order on the basis of which the employee is dismissal during his stay on vacation.

Vacation decoration with subsequent dismissal

Note that if it comes to granting a vacation with the subsequent dismissal, the employer has the right to choose one of the design options at its discretion. One of these is the publication of two separate orders, in one of which the fact of its directions on vacation is recorded, and in the other, the termination of labor relations with it. For companies that apply in their personnel document flows, the form established by the decision of the State Statistics Committee of the Russian Federation dated January 05/2004 No. 1, the order of vacation may be compiled according to Blanca No. T-6 or T-6A, and the order of the form No. T-8 or T-8A.

Another design option involves the publication of a general order, which reflects both facts at the same time; It is published in arbitrary form. However, the independently developed form can be used for two separate orders. In our we present samples of such documents that can be used in your work.

registration of appropriate estimates that establish the procedure for implementing required payments In connection with the direction of the employee on vacation and his dismissal. So, in case the company uses unified forms of documents, it is necessary to apply to the fixation of settlements on vacation - form No. T-604, on the termination of labor relations - No. T-614;

making an employee's work record on the termination of labor relations and closing an employee's personal card. For companies applying unified forms, in this case, the form No. T-24 is recommended.

By the way, it is worth paying attention to the wording, which must be used when making an appropriate entry into the employment record of the employee. An entry that he was fired while on vacation is incorrect. To understand how to correctly formulate such a record, read our material.

Application on dismissal during vacation

The order of dismissal on vacation at their own request on the basis of the statement of the employee does not have significant differences from dismissal during the period when it is present in the workplace. As in other cases, for this, he needs to submit an application for termination of the employment contract. At the same time, the current labor legislation allows the dismissal date for the period employee vacation.

Thus, if an employee on vacation wrote an application for dismissal, an employment contract may be terminated despite the fact that it is absent at its workplace.

Pay attention! The employer cannot accept as a statement email employee with a request to dismissal. Be sure to get a written statement of the employee.

At the same time, labor relations between the employee and the employer are subject to termination on the day specified in the application, of course, in case such a statement is submitted in compliance with all the requirements of labor legislation.

In this situation, the employer does not need to personally contact with the employee for dismissal: it will be enough to send a notice of dismissal and request to pick up labor book And get money due to him. By the way, judicial authorities are adhered to a similar position: familiarize yourself with our materialTo make sure that.

Note! The same procedure is valid if the employee at the time of filing the application is on the hospital.

Features of making dismissal during vacation with subsequent dismissal

When making dismissal during vacation, with subsequent dismissal, it is especially important to comply with all the requirements for this procedure in order to subsequently avoid claims from the regulatory authorities or challenging it by the employee himself.

In particular, special attention should be paid to the compliance of all key dates of this process:

1. the last working day in this situation is the day preceding holidays when it is for the last time it is obliged to appear at its workplace;
2. at the same time, the day of the dismissal of the employee will be the last day of his vacation, he is in the order, the employment record and other documents as the date of dismissal should appear this day.

It should be borne in mind that the workers who dismissed in such a situation do not apply to the right to withdraw their statement and return to the execution of labor duties in the same mode. Check out our materialTo find out if he has the opportunity to contact the employer with a request to change the text of the Agreement of the Parties achieved on this issue.

Need to extend the leave with subsequent dismissal in the disease of the employee

Sometimes it can happen that the employee who has already submitted a vacation application with the subsequent dismissal and then went on vacation, gets sick while in it. This situation may seem ambiguous, but the position of the Constitutional Court indicates that it is not necessary to prove the vacation in this case. In particular, this follows from the Definition of January 25, 2007 No. 131-oh-oh, which recorded that the last working day in this case recognizes the day preceding leave.

In turn, this means that from the moment of vacation, the employer does not carry any obligations to an employee who received leave followed by dismissal. Therefore, the rules for the extension of the annual paid leave, provided for by part 1 of Article 124 of the Labor Code of the Russian Federation, do not apply to this employee. The same position adheres to Rostrud in paragraph 1 of the letter dated December 24, 2007 No. 5277-6-1.

Recalculation of holidays in this case is also not implemented. However, the employer needs to take into account the need for a temporary disability benefit worker, since such an employee still arises.

So, if he got sick or injured before the end of the vacation, that is, the calendar date of his dismissal, such a manual is paid in the usual basis, as if he continued to officially work in this organization. This rule applies to the situation when the expiration date of the hospital comes later the date of dismissal.

It should be remembered that the employer will have to pay such a manual even if the employee fell ill after the date of dismissal. In particular, the right to obtain it remains for it within 30 days from the date of termination of labor relations. However, the amount of such benefits will be determined not in the usual, but in a special order. Read about it more in our materialwhich provides a specific example of calculating the benefit for such a situation.

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Hello! Today we will talk about the dismissal of an employee / employee during the period of vacation, we will tell the order of dismissal, the calculation of payments and will examine several situations: at your own request, on the initiative of the employer and if the leave is taken for "your account".

Dismissal during holidays at the initiative of the employer

The Labor Code of the Russian Federation prohibits the dismissal of an employee at the initiative of the employer if the employee is on vacation. The exception is the dismissal of the Parties to the Parties or as a result of the liquidation of the company.

The ban on the dismissal of the employee during the holidays applies to all groups of citizens: working under an urgent and indefinite agreement. A decree and educational leave is protected by law also zealo, and dismissing employees in them are strictly prohibited. We already wrote an article about
If the end of the term of the contract of a temporary employee accounted for the time of vacation, he can be fired in normal order, and this will not be a surprise for him, because the term was registered in the contract with the employer. In such a situation, it does not need to be called out of rest, the date of dismissal will move on the last vacation day.

If the vacation is taken "at your own expense"

Vacation without salary salary is like annual, laid beneficiaries (for example, pensioners) and extraordinary, at the request of the employee.

Administrative unpaid leave for five days is laid by citizens in the wedding cases, the birth of a child, the death of close relatives. Such a vacation is made by any employee for each occasion, the total annual number is not limited (for example, an employee can go on vacation if he married, and then five more days for the birth of a child). The employee cannot be dismissed during such a vacation, but he has the right to file on his own initiative.

When an employee leaves a self-unauthorized vacation and warns about this manager (which is equivalent to the absenteeism) he may be fired at the initiative of the employer. Or if a vacationer stayed on vacation, the head has the full right to get rid of the "trash". He is obliged to notify about it dismissed in 14 days. If an employee does not return to the workplace, and does not sign an order of dismissal, all documents send him by mail. To send such documents is always better with the notice of the presentation, so that there are evidence of not only sending a letter, but also to receive it.

Dismissal at your own other vacation

An employee has the right on his initiative to quit at any time to him, including during the vacation. According to the law, no restrictions on it are not superimposed. As in the case of voluntary dismissal during working hours, to warn the employer and apply, the employee must be paid 14 days before the expected date of dismissal. This period can be reduced by agreement of all parties.

It is not necessary to transfer an application for dismissal during the holidays in person to the head personally. Even if the rest is far from the workplace, he can send his statement to Banderol, the employer does not have the right to reject it. However, it is worth considering that the beginning of a two-week "testing" is considered the day following the date of receipt of the application by the employer.

Without two weeks, the employee can be dismissed due to retirement, admission to study, moving abroad or violating legislation.

The procedure for making dismissal during holidays - 5 steps

Step 1: The employee submits an application for dismissal at his own request. Here there are also two options: he can present it to the head personally in the workplace or, if there is no such possibility - send by letter.

Step 2: Based on the application, the head forms an order for the dismissal, which contains F.O.O. An employee who occupied the position and cause of dismissal. The order is published in two copies and subscribes to both parties. If the dismissed cannot put his signature under the document, the act with signatures of the minimum of two witnesses is compiled.

Step 3: If the vacation was granted and paid by the "advance payment" (not yet spent a year), and the employee dismisses before its end, then the duration of the vacation changes, and accordingly the amount of vacation pays, the excess employer has the right to hold. The initial order of vacation is canceled by a note, and a new one is formed.

Step 4: On the day of dismissal, the former employee is issued a workbook with an appropriate mark and calculation. In the case when the application was written in advance, and with the permission of the employer, a citizen went on vacation without an intended return to the workplace, then the calculation and issuance of all documents are made before the release of the vacation, on the last working day. The calculation delay gives an employee right to go to court in order to obtain interest.

Step 5: At the request of the dismissed, the income certificates (2 NDFLs) may be additionally issued.

Calculation and payments when dismissal during vacation

The employee dismissed at its own request during the holidays are the following payments:

1. Salary for all days worked out before the occasion of leave.
2. If unused vacation days remained, compensation for them.
3. The output allowance that is paid in the event and in the amount of it is provided for by the employment contract.

If the employee quit the vacation period during the period of vacation, and as a result, recalculation of the holidays, then according to Part 2 of Article 137 of the Labor Code of the Russian Federation, the employer may (at its own discretion), retain from an employee vacations paid over the new calculation. It is entitled not more than 20% of the amount paid (taking into account the deduction of NDFL). In situations where all payments are already produced, nothing to do with the retention, then on a former employee, it is permissible to submit to the court with the requirement of recovery. It is forbidden to hold, if the employee was dismissed due to:

• there is no other vacancy in the company, the necessary employee for medical prescription, or an employee's refusal from the proposed translation;
• liquidation of the company;
• staff reduction;
• call for military and alternative civil service;
• recovery on his posts of the previous employee (for example, such recovery is possible by the court decision);
• obstacles for emergency facilities (natural disasters, epidemic and others).

Articles of the TK RF for dismissal issues during holiday

1. Article 81 - to dismiss the employee who is on vacation is possible only as a result of the liquidation of the company.
2. Part 2 of Art. 125 - It is forbidden to call the employee from vacation in order to dismiss it.
3. Part 1 of Article 80 - the employee must dissolve about his intention to quit 14 days.
4. Part 3 of Art. 80 - an employee may quit during holidays without further return to work for a number of reasons (for example, retirement, start of study, etc.)
5. Part 4 of Article 80 - If the dismissed, who wrote a statement and went on vacation, intends to withdraw his decision, but a new employee was already invited to his workplace, the new employee was already invited, it is no longer possible to stop dismissal.
6. Part 5 of article 137 - When an employee dismisses on vacation, who spent less than six months and went on the "advance" vacation, "undeserved" vacations will be deducted from its calculation.