Application for leave followed by dismissal: sample. Dismissal after vacation

It happens in life that a person, while on vacation, needs an urgent dismissal. In this case, I remember Art. 80 of the Labor Code of the Russian Federation, which states that the employer must be notified of resignation two weeks before termination of the contract. In this case, the employee wonders whether dismissal while on vacation without working is possible. The answer to this question will be described in this article.

For what reasons can you quit your job without working?

Many workers ask this question and worry that after their vacation they will need to work for two weeks. In fact, the employee is not required to work. According to the Labor Code of the Russian Federation, a worker is obliged to notify the employer of his dismissal two weeks before the occurrence of this event.

According to labor legislation, an employee independently chooses the day of his departure in cases where the continuation of his work activity is not possible. The law specifies only two such situations:

• retirement;
• admission to an educational institution.

Other legal acts indicate such a reason as sending a spouse to another place of work (when changing a city, region or country).

In these cases, a person seeking to resign has the right not to give notice of leaving work and to resign immediately without working for two weeks.

In addition, an employee may quit without warning in cases where labor laws were violated by a supervisor. The important thing is that the fact of a violation must be established by the competent authority, and not be the conclusion of the worker.

In fact, while on vacation, a worker has the right to quit without working. After all, the Labor Code of the Russian Federation only speaks of a warning, there is no talk of mandatory training. In legislative practice there is no such term as “working off after vacation”.

That is, in order for the last day of rest to become the final working day, the employee is required to write a letter of resignation.

Dismissal at the request of the employee

The reasons for terminating an employment relationship may be natural, for example, retirement, but more often dismissal is carried out at the will of the parties. The Labor Code identifies three possible types of this procedure:

1. Termination of relations at the initiative of the employer.
2. Termination of the contract by agreement of the parties.
3. Dismissal at the request of the employee.

The employer is limited in his rights regarding termination of cooperation with a particular employee. He cannot change one for another on a mere whim. For each action, he needs a documentary basis and proven reasons for such an action. But the employee has practically unlimited possibilities; he can do it at any time. However, he is not obliged to report to the management of the organization about the reasons that prompted him to leave. According to the law, he is charged with only one obligation - to notify the employer in advance of his decision.

Correctly filling out a resignation letter during vacation

Typically, a resignation letter during the resigning employee's rest period is submitted through personal handover by the employee to the HR department. During working holidays, employees often go on vacation to other cities or abroad. In such cases, the mercenary can send the application by registered mail or deliver it with an authorized representative (only if the power of attorney is confirmed by a notary). Due to the globalization of information processes, more and more companies allow you to send your resignation letter by email.

In addition, if an employee sent an application via mail, then he has the right to indicate in the letter a request that all his employment documents be sent to him in the same way.

The structure of the application itself must indicate a number of data about the employer and the worker. The application form contains the following information:

• details of the employer and place of work;
• information about the dismissed employee (last name, first name, patronymic, position);
• a request for dismissal indicating the article of the Labor Code of the Russian Federation under which the employment relationship is terminated;
• the date when the employment relationship will be terminated;
• date of drawing up the application order and signature of the worker.

Employees often wonder how work is paid after dismissal while on vacation.

An employee has the right to write a letter of resignation and then take a vacation. The fact is that when you move to a new place of work, the vacation is not saved. That is, an employee can rest at a new job only after six months. Thus, the employer is obliged to give the worker paid leave in cases where it is annual.

If the working class takes time off for vacation at its own expense, then the boss must provide him with only a period of rest, which the quitter will not be able to use at the new place of work. In this case, compensation is not provided, because the fact that the worker takes time off at his own expense means that all the vacation days that are allowed for one year are spent.

Contract termination procedure

The beginning of cooperation between the parties is marked by the drawing up and mutual signing of an employment contract. This document specifies the rights and obligations of the parties, prescribes what the hired person must do and what guarantees are provided to him by the management of the organization.

It is the contract that is the primary proof that relations between the parties exist at all and gives leverage to both the employee and the employer.

The agreement is concluded by mutual consent, which is expressed by signatures in it. Its action can also be terminated bilaterally. However, the termination procedure itself differs from the initial one in which it was concluded. Upon dismissal at the request of the hired person, termination of the agreement is carried out according to the following scheme:

1. The employee submits an application to terminate the relationship.
2. The director of the company issues an order expressing his consent to this action.

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Although the employer cannot refuse to provide care to the employee, the procedure must still be followed.

Employee statement

Termination of a contract at the request of an employee begins with the fact that he conveys his intentions to management. The only way to do this is in writing. It is necessary to express your own will in the form of a statement. Let's consider a sample of its preparation using the example of a vacation with aftercare:

1. In the upper right corner of an A5 or A4 sheet, write the name of the organization, the position of the manager, his last name and initials.
2. The applicant’s full name and, if necessary, his position, structural unit, and personnel number are also written down there. Please note that the larger the enterprise, the more specific information is provided in this part.
3. The name of the form is written in the center; different variations are allowed.
4. A request is made for the issuance of vacation days with the subsequent termination of the employment relationship.
5. The start and end dates of the vacation are indicated, which coincides with the day of dismissal.
6. The reason is stated. It may be formal or absent altogether; in fact, the wording “at one’s own request” is already sufficient.

The form is signed and dated. The main thing is to correctly calculate the terms of work so that they coincide with the duration of rest.

Manager's order

Having accepted the application, the manager has only one way - to agree on it. Therefore, the next step after acceptance will be issuing an order. There are several options when preparing it. You can draw up two orders - one for vacation, and the second for termination of the contract. The positive aspect of this method is that for each reason there are its own unified forms of orders. But this is somewhat labor-intensive and may introduce some ambiguity into the question. The second method is to issue one order in any form for two actions. This method is more acceptable, since the very wording “with subsequent dismissal” does not allow the employee to change his decision within the specified time.

The order is issued on company letterhead, which automatically eliminates the need to enter the employer’s details. It includes the following information:

1. Number and date. It must be issued later than the application.
2. The main purpose of the document.
3. Vacation dates.
4. Day of dismissal.
5. Instruct the accounting department to make final payments.
6. Instruct the HR department to prepare a work book and other personal forms.
7. Assignment of responsibility for the implementation of the above.

The order is approved by the director and given for review to the resigning person, who must sign at the end, thereby indicating that he has nothing against what is stated.

This applies primarily to termination of an employment contract. If the employer requires substantial grounds for dismissing an employee, the employee can do this in any case. If an application for dismissal of one’s own free will has been submitted, then the management of the organization has no right to deny this right under any circumstances. In case of any claims, it is necessary to resolve the issues only in court, but not to issue calculations and documents is a gross violation that entails a number of penalties for the enterprise.

This also applies to situations where the desire to leave work occurs to an employee during the vacation period. It is possible to submit an application without leaving your vacation or before it begins. An important nuance is that the employee must work for 14 days by writing an application. If he goes on vacation, then this time can be counted as working time. There are several important features here that should be taken into account by both parties to the labor relationship in order to avoid violations and mistakes in the future.

Types of working holidays

How will work time be paid after dismissal while on vacation? There are several types of vacation days when an employee has all the rights to resign. They are all different for their reasons and timing. These periods are regulated by labor legislation:

1. Annual paid holidays. Such leave is provided to everyone who works under a contract. at the same time, those who work remotely or at home, with part-time work, as well as with part-time work, can rest.
2. Study holidays. When training an employee in educational institutions, the employer is obliged to provide him with days off during the session.
3. Maternity holidays. This type of vacation is associated with child care and lasts from one and a half to three years.
4. Maternity leave.

In any of the above types of vacation days, the employee has the right to demand leaving his place of work without working. If an employee requests dismissal before the rest period, and the employer cannot provide leave to the employee, then he is entitled to monetary compensation. In this case, the boss has the right to deduct those vacation days that were taken by the employee in the current working year. That is, compensation for used days off is not paid. They are also not included in the calculation of those days of rest that an employee is entitled to upon leaving his permanent place of work.

Changed my mind about quitting

You can take advantage of your vacation while working and before leaving.

Article 127 of the Labor Code of the Russian Federation indicates possible methods of compensation for resigning employees:

• monetary compensation for unused vacation days;
• use of vacation before dismissal.

This situation often raises questions when preparing documents and leads to controversial and conflict situations with the employer.

The main task for an employee when going on leave with further dismissal is to comply with the calculation procedure and paperwork, which allows him to avoid questions from the labor inspectorate in the future.

According to the law, the employer is not obliged to provide the employee with leave before dismissal.

The labor legislation of the Russian Federation positions this provision as a right, and not an obligation, of the employer, therefore, it is better for a resigning employee who plans to go on vacation before dismissal to notify management of his wishes and obtain approval.

Article 80 of the Labor Code of the Russian Federation specifies the period for warning the employer about the upcoming dismissal - 14 calendar days.

When paying an employee based on an agreement between the parties, the period for notifying the employer is indicated in the employment contract as a separate clause.

The notification is issued in the form of a written statement from the employee informing management of the desire to use vacation days. Based on it, the employer draws up an order, and you can issue two separate ones: on leave and dismissal, or a single one, samples can be viewed here.

When going on vacation with further dismissal, the employee has the right to refuse dismissal before the start of the vacation, if his place has not yet been taken by another employee. Once an employee leaves the company and goes on vacation, he can only return to the same position with the consent of management.

How is leave followed by dismissal processed?

The employee is required to issue a work book, as well as settlement payments, on the last working day.

If the application was submitted before going on vacation, then the procedure provides that the employee is given everything on the last day before the vacation. That is, formally the vacation period is considered a working period and is included in the length of service, but in fact, even before it begins, the employee will already have all the documents in his hands. At the same time, an entry is made in the work book that the last working day is the last day of vacation.

If a person wrote an application while on vacation, then (if he does not need to work off and just the vacation is included in the work) the documents will be issued to him on the first day after the end of the vacation. You must understand that this day will not be the last day for the person resigning - the employee will simply need to come to the enterprise on this day and pick up documents.

Refusal to issue documents is a gross violation that entails sanctions for the manager. If this has happened, you must contact the Labor Inspectorate, the prosecutor's office or the court. You need to understand that it is the court that has the right to forcibly collect something from the enterprise, so it would be safer to go there straight away so as not to waste time.

Usually a person is given a dismissal order and a work book. But at the same time, if he expresses a desire to receive other documents, they must also be issued to him. This includes various orders for appointment, promotion, and assignment of a separate category or rank.

Sometimes it is possible that the employee did not do this, then the employer sends an official notification demanding that the work book be taken away. If the employee does not do this, the documents are sent by registered mail.

Article 127 of the Labor Code of Russia guarantees every employee working under both a fixed-term and an open-ended employment contract the right to go on vacation with subsequent dismissal. The only condition is that he has no guilty actions. These include: repeated dishonest performance or gross violation of official duties, absenteeism without good reason, embezzlement, coming to work under the influence of alcoholic, toxic, narcotic substances, etc.

If an employee’s documented employment relationship expires, he has the right to ask for leave with subsequent dismissal, even if he ends up outside the term of the contract. Dismissal after vacation has one caveat: the vacation period will not be included in the length of service on a general basis. For whom this point is important, it makes sense to send a letter of resignation to the employer while already on vacation.

At any time, a person has the right to send an application to the employer’s representative for leave with subsequent dismissal. It is not necessary to follow the approved vacation schedule. If the decision to leave coincided with a vacation in accordance with the document defining the vacation order of employees, an application for vacation is not required.

According to the Labor Code of the Russian Federation, the dismissal of an employee (in the absence of any guilty actions) can occur on his own initiative (with his voluntary expression of will) or by agreement of the parties. In this case, the employer must be notified of the intention to leave in advance, at least two weeks in advance.

If the parties have agreed, the employment relationship can be terminated early by agreement of the parties, without waiting for the end of the working period. It is possible to take off unused vacation upon dismissal, for example, in cases of staff reduction, change of ownership of the organization, having in hand the corresponding notice of reduction.

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The presence of circumstances that have arisen, be it the deadline for reaching retirement age and the desire to take a well-deserved rest, full-time enrollment in an educational organization, or a violation by the employer of the provisions of labor law, also serves as the basis for the possibility of using vacation. In this case, the employee has the right to specify in the application the date of dismissal without work, but it may be necessary to confirm the fact of the circumstances that served as the reason for the decision to leave, for example, with a copy of the order or a certificate of enrollment in a university.

Although the statement is written arbitrarily, by hand or typed in printed form on a PC, it has a certain structure, like any other similar official appeal from a citizen. At the top in the right corner of the appeal the addressee and applicant are indicated. The addressee is also the leader: his position, name of the organization, surname, initials (in the dative case) are important here;

To the head of LLC "Investcom"

Ivanov I. I.

sales specialist

Sidorova T. T.

Statement

I ask for annual basic paid leave from April 2, 2020, lasting 14 calendar days, followed by voluntary dismissal.

March 18, 2020 / T. T. Sidorov/ Signature

The structure of the resignation letter will be similar.

Ivanov I. I.

Sidorova T. T.

Statement

I ask you to dismiss me voluntarily on April 15, 2015.

March 18, 2020 / T. T. Sidorov/ Signature

As for vacation pay, following the general rule, the accounting department needs to calculate it and have time to transfer it (hand it over) to the employee three days before he goes on vacation. The work book and the due final payment in connection with leaving work, including compensation for leave upon dismissal that remains unused, must be made on the last working day, since the person does not return to work from leave.

What to do if a person’s last working day falls on a weekend or holiday. Perhaps the employee was not at work that day, was on a business trip and was not able to receive documents and payment. Since it is impossible to issue a work permit before the due date, the issuance of documents and money must be carried out on the first working day after the weekend, holiday or the last working day of the resigning employee.

Although in this situation the person is already on vacation. To do this, a notification letter should be sent to the employee with a request to come and receive the labor and payment at the place of work or agree on the possibility of sending the labor by post (if the payment is transferred to a bank account). This notice will serve as the basis for removing responsibility from the employer for failure to comply with the deadlines for handing over the work book. Upon written request, the dismissed employee should be issued a work permit within three working days.

If plans have changed, the employee has the right to withdraw his resignation letter before going on vacation if another employee has not yet been invited to take his place by way of transfer. But, being already on vacation, he has no right to turn back the clock and refuse the decision made. Having addressed the employer with this request, the employee will receive a refusal.

Did you know

The law allows you to have two work books - no liability is provided for this - but only if the second book is not a fake. Read more on our website

Here

Methods for calculating leave upon dismissal

In cases of doubt about the employer’s decision to provide vacation days, the employee is able to independently calculate how many days of vacation he is entitled to. To do this, you only need to complete four steps:

1. Calculate work experience. This includes the period of actual working activity, the time of legal days off and vacation days, the time of removal of the mercenary from work if the exclusion from the work process was due to the fault of the employer (for example, late completion of a medical examination), as well as the time of additional days off that were given by at the request of the employee himself.
2. Calculate the number of vacation days due. They are calculated according to the formula, where A are the calendar days of vacation due to the employee; B – the number of days of rest that an employee is entitled to per year; C – length of service in months. A = B/12 *Most often it turns out that the number is odd. The Letter from the Ministry of Health states that the advantage in any case should be in favor of the worker. That is, if you have 43.2 vacation days, then the boss is obliged to provide 44 days of rest before dismissal.
3. Calculation of days that have already been taken off.
4. Calculation of remaining vacation days.

Subtleties of leave with dismissal: actions of the employee and employer

The reason for taking paid days off before terminating the contract is to work for two weeks.

If the employer agrees to provide paid days off, it falls during the vacation period. In this case, the employee can reflect on the decision made and, if necessary, withdraw the application.

If you decide to request vacation days followed by dismissal, it is possible to submit several applications simultaneously:

• for vacation and dismissal;
• single - combining 2 procedures.

Dismissal is beneficial for both parties - you can have time to find another employer, and the employer can find a replacement.

Help: having decided to stay, you need to fill out a second application for admission.

The dismissal order is formed before the resigning employee goes on paid days off, and the final date is the last day of vacation. For this reason, all accrued wages are paid before going on well-deserved paid leave.

Procedure for leaving a permanent job

The application is submitted to the tenant before the start of vacation days or during vacation. If the application is submitted before the start of the vacation period, then the boss can use an independent order form, which will indicate leaving work for a vacation and then leaving the office, or draw up two different orders: about vacation and about leaving work.

If the application (a sample can be downloaded on the Internet) is submitted during the vacation period, then the employer only needs to draw up a dismissal order.

After the dismissal order comes into force, the person leaving is given a work book with the corresponding entry. The accounting department also calculates, that is, makes a recalculation, as a result of which the employee is paid all the funds withheld.

If the vacation ends before the end of the period of 2 weeks

As noted above, a situation may arise when the number of vacation days not taken off is less than what needs to be worked off. In this case, the person is obliged to go to work after rest, even if it is just a few days. Please note that they will be paid. In practice, in such situations, the employer himself often meets the employee halfway, either completely canceling the work or reducing it before the vacation period.

The right to dismiss at one's own request is one of the basic guarantees of employed citizens, however, it is supplemented by the fact that the employer can assign two weeks of work. This management requirement cannot be ignored, with the exception of a number of cases when it is possible to leave work immediately on legal grounds. If a person takes vacation in the last days, then all days of rest will be counted, that is, then there is no need to go to work additionally.

If an employee is sick

Many people wonder about the procedure to follow in the event of illness while on legal vacation. This is largely due to the fact that, under standard conditions, the employing company must pay the employee sick leave and extend the vacation time by the number of days on sick leave.

In the case of subsequent dismissal, leave is not subject to extension (no exceptions are provided).

It's not that simple with the procedure for calculating sick leave benefits. The employing company assumes responsibility for accrual if the illness occurs within a month from the date of termination of the employment contract.

Is vacation included in working hours?

Contents The employer's warning is not just a courtesy; this fact is due to the obligations that are imposed on both parties when concluding an employment relationship. The fact is that the continuity of production processes is ensured to a greater extent by the integrity of the staff. The loss of one employee from the production chain can negatively affect both the team and, in general, the profit of the organization.

The manager must find out about the upcoming castling in advance in order to select a replacement for the vacant seat. Please note that warning is a two-way process.

If the dismissal is the initiative of the employer, then he is also obliged to notify the employee in advance so that he can start looking for a new job and not be left without financial support.

Labor laws protect both parties, trying to maintain a balance between the desires of one and the needs of the other. The Labor Code regulates the process of warning the employer; it has its own terms and form, which can only be changed if mutually desired. One of the most important indicators when dismissing is the timing.

An employee cannot announce his decision to leave on one day. This is due not only to the need to select new personnel to replace the resigning employee, but also to the fact that it takes time to prepare documentation and calculate dismissal compensation. When resigning at his own request, the employee is required to notify the company management two weeks before the day of departure.

This period begins to count after the written application is submitted, namely the next day after it.