I want to quit after my vacation. Signing of the application by the authorities. The next vacation cannot be converted to vacation with dismissal

Having decided to quit, you may want to first take your next paid vacation - this is your right. What you need to know about dismissal after vacation? How is it drawn up, when do you need to write a letter of resignation, is it possible to withdraw it? The Country of Soviets answers all these questions.

Article 127 of the Labor Code of the Russian Federation talks about exercising the right to leave upon dismissal of an employee. If you quit your job and have unused vacation time, you have two options: cash compensation and dismissal after vacation. In the second case, there is no need to work for two weeks after vacation - the last day of vacation will be considered the day of dismissal. This date is written in the work book.

Leave followed by dismissal is granted upon written request of the employee. If an employee is fired for guilty actions (absenteeism, disclosure of official information, theft, etc. - a complete list of such actions can be found in Article 81 of the Labor Code of the Russian Federation on termination employment contract at the initiative of the employer), in this case he can only claim monetary compensation; such an employee does not have the right to dismissal after vacation.

If an employee quits because he has the employment contract expires, he may also be granted leave with subsequent dismissal if the vacation time partially or completely extends beyond the term of the employment contract. The day of dismissal, again, will be considered the last day of vacation.

In the event that an employee resigns of his own free will, he has the right withdraw your resignation letter before the first day of vacation (if another employee has not yet been invited to take his place by way of transfer). Once you go on vacation, there is no going back: you have effectively stopped labor Relations with the employer.

How is dismissal after vacation documented? First of all, it is worth considering that about your intention to leave for unused vacation before dismissal notify management in advance. So, if you resign of your own free will, this must be done when submitting an application, i.e. no later than two weeks.

A request for leave followed by dismissal is formalized in a written form, while the employee is not required to adhere to the vacation schedule approved for the current year. If an employee quits at your own request, he writes two applications: a letter of resignation and an application for leave.

If dismissal occurs by agreement of the parties, it is necessary to draw up an agreement to terminate the employment contract, and the employee writes one application - an application for leave with dismissal. If other reasons for dismissal(for example, staff reduction or other circumstances beyond the will of the parties), the employee signs the notice, thereby expressing his consent to the dismissal, and writes an application for leave with dismissal.

The employer, in turn, draws up two orders: an order for registration of leave and an order for dismissal. It will not be possible to formalize dismissal after vacation with one order, because... Labor legislation imposes certain requirements for the preparation of documents relating to dismissal and vacations. It is advised to issue both orders at once in order to avoid misunderstandings with continuous numbering; fortunately, the dismissal order can be issued in advance.

Work book, calculation and others Required documents the employee receives on the last day of work(i.e. on the last day before vacation). In fact, the employment relationship with the employee is terminated on the first day of vacation, and his position is considered vacant.

What to do, if An employee falls ill while on vacation? In this case, it is issued. The employee has the right to payment of temporary disability benefits. But in this case, neither the end date of the vacation nor, accordingly, the date of dismissal are postponed.

Vacation followed by dismissal is quite legal practice, if everything is done correctly. So if you expect to be fired after your vacation, let your boss know in advance. And if you suddenly change your mind about quitting, do it before you go on vacation, then it will be too late.

The general rule is that the employer, on his own initiative, cannot fire an employee who is on vacation (Article 81 of the Labor Code of the Russian Federation). However, if the employee himself wrote a letter of resignation during the vacation period, then there are no prohibitions on terminating the employment contract.

At the same time, in general procedure the employee must notify the employer of his dismissal no later than 2 weeks in advance, which will be counted from the day following the day the employer receives the application (Article 80 of the Labor Code of the Russian Federation). Accordingly, if an employee sends an application by mail, then when determining his last working day, additional days spent on mailing will be added to the work period.

Procedure for dismissal while on voluntary leave

If an employee wrote a letter of resignation while on vacation of his own free will, then the 2 weeks of work will probably include the days of his vacation. In this case, the working period for vacation days is not extended (Letter of Rostrud dated 09/05/2006 N 1551-6). Accordingly, it may turn out that on the last day of work the employee will still be on vacation. But this does not change anything for the employer: the employee’s dismissal will need to be formalized on this last day of work, without waiting for the end of the employee’s vacation. That is, you will need to issue a dismissal order, make an entry in the work book and pay all amounts due to him (Article 84.1 of the Labor Code of the Russian Federation).

While on vacation, an employee may not show up for work on the last day of work. And if payments can simply be transferred to him at bank card, then it will not be possible to transfer the work book. In such a situation, you can send the employee a registered letter by mail notifying him of the need to come to the organization for a work book.

Vacation followed by dismissal

If your employee wrote an application for - this is a different situation. The day of his dismissal will be the last day of vacation. However, you will need to issue him a work book and pay him on the last day of work before the vacation.

All employees have not only responsibilities, but also rights, the observance of which is guaranteed by the Labor Code of the Russian Federation. One of these rights is that, at will, the employer cannot fire an employee during his vacation (Article 81 of the Labor Code of the Russian Federation). But the employee, in turn, has the right to dismissal during vacation at his own request, even if he did not manage to use all the days of his rest! In this case, the employment contract along with employment obligations are legally terminated. But is it possible to quit during vacation without working? Should the employer then recalculate vacation pay? How do you formalize your dismissal while on vacation? Let's figure it out.

How to announce resignation while on vacation

According to Part 1 of Article 80 of the Labor Code of the Russian Federation, an employee who wants to resign should communicate his desire and state his request in writing. An employee can write a resignation letter at any time during vacation, but no later than 2 working weeks in advance. This is necessary so that the manager can find a replacement for the resigning employee. The next day after the employer receives written notice of dismissal, the 2 weeks of work required by the Labor Code of the Russian Federation will begin to count.

If the application was sent in the form of a registered letter by mail, then as many days will be added to the last day worked as it took to deliver the application by mail. The boss, having received the application, must enter it as an incoming document with a number in a special journal.

In general, the employee must notify the employer of his dismissal no later than 2 weeks, which will be counted from the day following the day the employer receives the application (Article 80 of the Labor Code of the Russian Federation). Accordingly, if an employee sends an application by mail, then when determining his last working day, additional days spent on mailing will be added to the work period.

How does the dismissal process work?

If, while on legal vacation, an employee writes a letter of resignation, then he may not have to work two working weeks, since they may fall during his vacation period. The boss does not need to wait until the employee’s rest days are over. He will be obliged to fire him on the last day of the two weeks worked.

It is possible to resign during vacation at your own request without working off. Moreover: while on vacation, the employee may not show up for work on the last day of work. The employer is obliged to issue a dismissal order within the prescribed period. In this case, there is no need to recalculate vacation pay already paid.

After the expiration of the two-week period, an order is drawn up to terminate further cooperation, a corresponding entry is made in the work book, and all funds earned by the person are transferred (vacation pay, unpaid salaries, bonuses, etc.). Payments must be made in the same way as before - in cash or by card (Article 84, paragraph 1 of the Labor Code of the Russian Federation).

To give away former employee his work book, the employer needs to contact him and inform him that all documents have been prepared. You just need to pick them up, and not necessarily on the day of dismissal, but when the employee himself is able (it is possible the next day after the end of the vacation).

How to quit while on vacation: options

There are two ways to quit while on vacation:

When applying for leave, provide a letter of resignation on your own initiative.
While on vacation, submit your resignation letter.

When, in the first case, the boss finds out about the employee’s departure, he has the right to deny him the opportunity to go on vacation. The law will be on the side of the organization’s management, since the boss has the right to allow or, conversely, not to allow the employee to go on vacation (especially if the employee goes on vacation not according to the vacation schedule).

In the second case, when applying for resignation during vacation, it is worth remembering that the employee is under the terms of the employment contract until last day vacation. And if there are less than two weeks left until the end of the vacation, and the employee decides to quit, then after the end of the vacation, he should go back to work for such a number of days as to fully cover the two-week period.

Other cases of dismissal without work

The Labor Code of the Russian Federation provides for the possibility of resigning without two weeks of service (Part 3, Article 80 of the Labor Code of the Russian Federation). But this is only in exceptional cases. For example, a person retires, goes to higher education educational institution either for health reasons or family circumstances he can no longer go to work. The employer, in this situation, cannot retain the employee. The contract must be terminated, and the employee is released from labor obligations from the period from which he indicated in the application.

Conclusion: Is it possible to fire someone while on vacation? Only at the request of the manager - no! At the initiative of the employee or by mutual agreement of the two parties - yes! You must submit your application at least 2 weeks in advance + 2 weeks of work. But if in the next two weeks after receiving the application from the employee he is still on vacation, then he will need to be dismissed without working off.

Can they be fired during vacation: various situations

There are several situations in which a boss can fire an employee while he is on vacation:

during vacation, the organization where the employee worked ceased to exist (collapsed or went bankrupt). When a business breaks up, employees must be notified in advance that the entire staff will be laid off;
the initiative and desire to resign comes from the employee himself (we have already described this situation in detail above);
dismissal during vacation by agreement of the parties. In this case, a bilateral agreement between the management and the employee is filled out in duplicate - one remains with the employer, the other with the resigned employee. It indicates the request for dismissal and the date from which the person no longer works in the organization.

The desire of the employee himself is necessary.

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

Options

How to quit? While on vacation, you can resign using one of the options:

Writing a letter of resignation while on vacation, at your own request.

In the first case, the employee does not want to leave the organization immediately, but only after how to take a vacation before quitting. The work book is issued before the start of the vacation period.

Money is also paid in advance. The employee takes the required rest and simply does not go to work. But we must remember that the employer is not obliged to follow the employee’s lead and may refuse leave with subsequent dismissal.

The second option, regardless of the employer’s wishes, obliges him to formalize the dismissal. Is it possible to write a letter of resignation while on vacation? Vacationer It is not at all necessary to go to work for at least one day to write an application, as many people mistakenly read. That is, the feedback that management usually insists on is not necessary.

The employer can be understood. A statement written while on vacation is an obstacle to the notorious “working off.” It will not be possible to drag an employee into the office to complete his work, submit documents, or train another person. The person who writes the application calmly waits for the deadline for the notice to expire and picks up the documents without worrying about unfinished work.

But it is not legal to insist on a review:

There is no production factor.
The vacationer's consent is missing.

This video details the first option, “Vacation followed by dismissal.” What should you pay attention to and what should you be wary of? Recommended viewing:

Procedure and deadlines for submitting an application

When to pick up documents?

The day of dismissal is the same period when the employee must receive the required documents:

labor;
certificates;
final settlement.

Delay is unacceptable.

Employer's liability

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

Refusal to fire(not signing the application).
Violation of deadlines.
Non-return work book .
Late payment.
Failure to issue certificates.

It is important for the employer to comply with labor laws by formalizing the dismissal as correctly as possible.

Dismissal at your own request is always possible. It does not matter whether the person is on vacation or at his workplace. All that matters is the desire of the employee and compliance with a simple procedure for terminating the employment relationship.

Is it possible to quit while on vacation? Labor legislation prohibits terminating an employment contract with an employee who is on vacation.

An exception to the rule is dismissal during vacation at the employee’s own request.

It is impossible to fire a person at the initiative of the enterprise, but the employee himself can vacate the position at any time, observing the rules labor law.

Answering the question: “Is it possible to quit while on vacation?” Let's turn to the legislation. The Russian Labor Code determines that an employment relationship can be terminated when:

The company is being liquidated or individual entrepreneur ceases its activities. In this case, employees must receive warning of their upcoming dismissal 3 months before its expected date. The period is reduced only if the organization was forcibly declared bankrupt.
A written agreement between the employer and employee stating that the employment contract is terminated is also legal.
At the request of the employee himself (dismissal during and after vacation at his own request).

Procedure for submitting documents for dismissal

An employee is required by law to inform the employer no less than before the day of proposed dismissal.

This is done so that the HR department or the manager himself selects a new employee for the vacancy without interrupting the “production process.”

This period is often confused with, but this is a substitution of concepts: the Labor Code says nothing about such responsibilities, we are talking only about filing an application.

You can submit your application either in person or in writing; recall from vacation is not required. It is sent to the legal address of the company; when the actual and legal addresses do not match, it would be better to send two forms to both addresses at once: this guarantees the absence of disputes if the employer claims that the letter was not received. Management has no right to refuse to consider an application.

A letter is sent to the manager indicating the preferred date of dismissal. It can be sent including:

by fax (keeping the original);
Russian Post;
commercial delivery service.

If you choose postal delivery, send the application by certified mail and be sure to keep the postal receipt of receipt: by law, the signature or consent of the manager is not required.

If the application is submitted in person, it must be registered in the office. The right of dismissal for an employee is established by law; he is only required to notify the director of his desire in writing 14 days in advance.

Is it possible to quit while on vacation without working?

The employee is not required to be at the workplace for the last two weeks; he can agree to this if he is invited, but only if he wishes.

The employer has no right to interfere with dismissal or documents - this would be a violation of the law and would cause serious problems.

The employee is only obliged to give notice of his departure, and not actually remain at the workplace for another two weeks.

If an employee decides to terminate the contract early, without waiting 14 days, he can ask management about this, Labor Code does not contain restrictions.

If the employer is against it, the law defines several reasons for the immediate termination of the employment contract:

the enterprise has violated labor legislation (in this case there must be a decision of the court or labor inspectorate);
the employee faces an urgent move;
illness of close relatives is also a valid reason.

Do you get fired while on maternity leave?

Is it possible to quit while on maternity leave?

Legal reasons for dismissal on maternity leave:

Liquidation of the enterprise. The enterprise is notified in advance about upcoming structural changes, and on the day of dismissal, the reasons for the staff reduction are entered in the work book column.
Agreement of the parties. If a mutual agreement is reached, there is no need to write an application: a written agreement is concluded, on the day of which a paycheck and a work book are issued.
At your own request. Such dismissal is no different from ordinary dismissal - an application must be submitted to the manager 2 weeks before the expected vacancy of the position.

Child care benefits will be paid by social security, and after registration with the employment service, one of the benefits will need to be waived.

It is prohibited to fire:

a mother whose child is under three years old;
a single mother with a disabled child under 18 years of age;
single mother with a child under 14 years old.

Is it possible to quit before going on vacation?

Allowed, observing the rules of working relations.

There may be two options with different calculations and design:

submit an application while already on vacation;
apply for a request to provide .