Dismissal at your own request before vacation
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An employee can terminate the employment relationship at any time at his own request. The employee does not have to give a reason, unlike the employer, who cannot easily fire an employee unilaterally. According to the Labor Code, an officially employed citizen has the right to annual paid leave. The specifics of dismissal in the presence of unused vacation days are described below.
Is it possible to quit before vacation?
The law does not establish any restrictions on dismissal before voluntary leave. The only thing an employer can oblige a leaving employee to do is work for two weeks. During this period, the citizen is obliged to go to work and receive a full salary for this according to the tariff rate.
You can resign immediately before your planned vacation, as well as after and during it. The employment relationship is terminated 2 weeks after the employee submits the application or on the day he indicated (if the date is more than 14 days later). In some cases, the contract is terminated on the day the application is submitted:
- Retirement;
- Admission to the University;
- Medical contraindications and so on.
In the case where the employee is dismissed on the same day as the application, monetary compensation is paid for all unused rest days.
A letter of resignation by citizens on a probationary period is written 3 days before the planned departure.
Features of dismissal
The main feature of dismissal before vacation is that working off can be replaced with unused days. This will allow a person to look for a new job within 2 weeks, that is, reduce downtime . Let us note that in such a situation, citizens will have almost no rest, will not be able to recuperate, and the right to the next vacation will arise no earlier than after six months of work in a new place.
At your own request
Leaving work voluntarily implies the initiative of the employee. He must submit an appropriate resignation letter. Also, if an employee wants to use vacation instead of working off, then another document is attached . If in relation to the first refusal is unlawful, then management has the right not to agree to this option of using the lost rest.
The basis for refusal may be production necessity, as well as a reference to the fact that the scheduled vacation has not yet arrived. In this situation, the employee will have to work another 2 weeks, and will receive compensation for unused days.
Before the next vacation
If an employee decides to leave the company immediately after his next scheduled vacation, then it is enough to submit an application only for dismissal. But the date of breakup will be the last day of rest. All documents will be given to the employee before he goes on vacation.
Yuri Nikitin - Last day of vacation
1
Yuri Nikitin
LAST DAY OF VACATION
The heat was merciless, the person on duty for climate stabilization either fell asleep or could not tear himself away from the hypnovisor. Matvey could not stand it and turned under the awning of the nearest cafe. The cool room was empty, only Vitabrev sat near the window and hastily sipped black coffee and cognac, while looking through a pile of brochures. A little later, Matvey noticed in the opposite, very dark, corner a girl with a lush mane of fiery hair. It looks like the red color is coming back into fashion, Matvey thought.
The director of the cafe emerged from behind the counter and approached with an embarrassed smile. Matvey caught his puzzled look - it’s clear, and this one doesn’t know which category to classify him into.
Matvey extended his hand to three multi-colored sheets of menu:
- Let me choose myself.
- Please. — The director handed him the menu with relief. - On a red piece of paper...
“Thank you,” Matvey smiled. - I know.
The director straightened the tablecloth and walked away. The Vitabreva menu was the longest, with hundreds of exotic dishes lined up on a green piece of paper, and on the back were the names of strong and stimulating drinks. Matvey, not without reason, was afraid to order anything from this list; he had already once burned his insides with hot spices, without which the Vitabrevs would not touch their marinades. The menu of the Methuselahists was entirely vegetarian: all kinds of herbs and salads, and in such microscopic portions that Matvey involuntarily marveled at how long one could expand the diet and narrow one’s diet. On the red leaf of Hercules, ninety percent of all dishes were made from meat, the remaining ten were cheese, eggs, and milk.
Matvey typed the indices of two dishes on the dial and a minute later, moving the table top, he took out anabes and fried hazel grouse.
After the disgusting shaking on the antediluvian bus, it was especially pleasant to swallow cold slices of anabes. Out of the corner of his eye, he noticed that the redhead pushed her table aside and walked towards him. She was beautiful, maybe that’s why she behaved so confidently, although unceremoniousness had long since become fashionable.
“My prince, I see you are not from here,” she said.
Matvey frowned: fashion is fashion, but this is perhaps too much.
The girl sat down opposite him and, putting her elbows on the table, began to carefully examine Matvey.
Matvey glanced sideways at her, but continued to work with the spoon in the same rhythm. Usually he was shy about women, unless he was offended, of course. Now he calmly finished the anabes and began to work on the hazel grouse.
“No matter how much I look at you, I can’t understand who you are.” — The girl smiled, probably her most beautiful smile. “Neither Heracles, nor Vitabrev, much less the Methuselahist, will take two such dishes at once.” Cold anabes and meat. Just think about it. “She turned over the red and green pieces of paper. - There is wonderful fish here. Should I order for you?
“No,” Matvey said sharply.
- But why? “Genuine amazement was reflected in the eyes of his interlocutor. “Everyone eats it, even the Methuselahs.”
- But I don’t eat. - Matvey hastily finished the hazel grouse and stood up. - Thanks for the company.
He bowed ceremoniously and headed towards the exit. The girl looked at his slender, broad-shouldered figure, then jumped up and rushed after him.
— You know, today they celebrate Youth Day in the park...
“No, I don’t know,” said Matvey.
She was very beautiful. And at the station where Matvey worked, there weren’t even any pretty ones.
“I thought you were taking me there,” the girl whispered.
Matvey chuckled to himself, seeing how she was trying to determine what kind of strangely shiny clothes he was wearing.
“I’ll be happy to take you to the park,” he said, “with pleasure.”
The girl immediately smiled smugly:
- Only if you are not very busy...
Well, Matvey thought, now he will pretend that it was me who pestered her.
“I’m not busy,” said Matvey, “I’m on vacation.” Last day. Shall we go by car?
- If you don’t mind, then on foot, it’s not far from here.
- Fine.
— By the way, my name is Iya.
- Matvey.
Iya glanced sideways at her taciturn companion. He walked indifferent to the shields of Hercules with the image of an ant, and to the posters calling for joining the ranks of the Methuselahists. With an expressionless gaze, he glanced over the formulas of the unified field, the emblems of the Vitabrevs.
When Iya jumped over an artificial stream and slipped, he quickly grabbed her arm, and she almost screamed at the touch of his strong fingers.
Clearly, he doesn’t look like a Vitabrev, she thought; any Vitabrev would have used the transport. Methuselahist? But he ate meat. Also, strong. But not Hercules.
She turned her gaze from his light figure to the torsos of two Hercules, intertwined with monstrous knots of muscles. He was clearly weaker. But compared to the skinny Methuselahists, he himself looked like a Hercules.
The park greeted them with intricate fireworks displays. Matvey asked:
-Where are we going?
“Wherever you want,” Iya said and curtsied.
Matvey looked around. Directly in front of him was a strength testing area. Hercules stood in a tight ring near each of them and shouted something joyfully. Particularly successful was the “Dinosaur”, a machine gun made in the shape of an extinct lizard. With a certain dexterity, accurate calculation and good physical preparation, he could be knocked over on his back, which was considered the highest rating.
Now, behind a concrete wall, the “Dinosaur” was chasing an exhausted athlete, who could not grab his paw. A group of Hercules surrounding the attraction expressed their attitude towards the fight by whistling and joking.
To the left, behind the pool, were the favorite attractions of the Vitabrevs. Now new psychotest cassettes have been loaded there, and the number of participants has immediately tripled. As far as Iya knew, none of the most sophisticated minds had ever managed to reach level 100. Some had reached 87, even 88, but that was already a record.
A group of Vitabrevs also crowded near the labyrinth, chasing electronic hares in search of a way out, but the majority were heading towards the Hall of Higher Logic.
Behind the grove rose the Methuselah dome, where in a dark hall one could spend several hours in a peaceful trance.
- I don’t know what to choose. - Matvey spread his hands. - Let's go clockwise. Let's visit everything one by one.
Is he really one of the undecided? Iya felt disappointed.
It was already late evening when they approached the house where Iya lived. An old man was sitting on the veranda and reading a newspaper by the phosphor light.
“Grandfather, receive the guest,” Iya shouted from afar. — A mysterious prince from a foreign country!
1
Dismissal procedure
The procedure for dismissal before vacation does not differ significantly from the standard process. The sequential steps look like this:
- The employee writes a letter of resignation addressed to the manager with a request to terminate the employment relationship.
- The employer provides a response to the application. In general, it should only be positive, except in cases where the person indicated a date of dismissal that is contrary to the interests of the company and the law.
- Then either work follows or it doesn’t. It all depends on the agreements between management and the employee, as well as on the circumstances of departure.
- The employer issues a dismissal order, which the employee must read and sign.
- The employee receives a paycheck and work book on the last working day.
All the steps described above are also relevant for standard voluntary dismissal, so we can conclude that vacation does not have a significant impact on the termination procedure. Let's look at some of the stages in more detail.
All documents for dismissal are generated within 2 weeks after the employee submits an application, and calculations are made at the same time.
How to write an application
The legislation does not provide for a strictly unified form of application. The main thing is that the document indicates the basic aspects:
- The header indicates the name of the institution and the full name of the director.
- The name of the document is written in the middle.
- Below, in free form, the employee expresses his desire to leave the company. The basis is “own desire”.
- If the dismissal must be carried out on the day the application is submitted, then the reason for this and a link to the document are written below.
- At the end, the dates of planned departure, submission of the application and the employee’s signature are indicated.
How I plan my ideal week
I also try to plan my week according to a certain pattern, although it is somewhat different from the Dorsey and Sullivan method. My typical week looks like this.
Monday: I devote the first day of the week to running the company (like Dorsey). I meet one-on-one with each member of the leadership team to review the previous week's performance and outline the business plan and goals for the coming week. At the end of the day, I hold a meeting with the entire team where everyone can talk about problems, share their thoughts and ideas, which allows us to create the necessary contextual awareness within the company.
To be honest, I don't like Mondays because I'm not a very sociable person and I don't enjoy meetings. But I prefer to start the week with the most “difficult” thing so that the remaining four days I can focus on pleasant things.
Tuesday through Thursday: Midweek days are my “focus days.” During this time, I write books, develop e-learning programs, and create marketing materials. That is, during this period I create “products” that generate income, and, of course, use all my unique talents.
Is it possible to withdraw an application?
As a general rule, within two weeks of service, if any, it is permissible to withdraw a letter of resignation. This is done by sending a notice to the employer. There is no need to specify the reason for the revocation in detail; it is enough to write that circumstances have changed.
Refusal to recall is acceptable if another employee has already been invited to take the place of the departing employee. Provided that the new employee has received written notice and agrees to the employment or transfer, he will have priority.
Entitled payments
Upon dismissal at their own request, citizens receive a payment that includes:
- Salary for the last period worked;
- Compensation for unused vacation days or just vacation pay if vacation is instead of working;
- Other payments provided for by the collective agreement.
When making calculations, the accountant will rely on the employee’s average daily income, as well as his obligations. For example, if an employee took a vacation in advance but has not yet worked it, management can withdraw part of the money from the payment, but not more than 20%.
Funds are transferred to the employee on the last working day. If leaving was through vacation and there will be no days of work after it, then all finances are paid before the start of the vacation.
When is an employee paid?
The date of settlement with the employee depends on how the vacation time will be used . If it is instead of working off and completely covers it, then all funds (salary and vacation pay) and documents are transferred to the employee before the rest. When the dismissal is formalized immediately, the person receives compensation for the vacation; it is transferred on the last day of employment.
It is possible to terminate the employment relationship immediately before the vacation; the main thing to decide is whether it will replace working time or whether compensation will be paid for unused days. Dismissal is formalized according to the standard scheme through the employee filing an application, creating an order and issuing a calculation and work book. If you want to leave the company, you should notify management 2 weeks in advance.
Are they fired on parental leave for children under 3 years of age?
While on maternity leave or parental leave, an employee retains the right to resign at his own request.
Management will probably terminate the employment relationship with such a subordinate without requiring two weeks of work. After all, despite the employee retaining his position during such a long break in work, another person is already working in this place, and there is no need to find a new specialist and transfer cases. It is worth noting that parental leave for a child up to 3 years of age can be used by both the mother and other relatives or guardians.
So, the law does not prohibit an employee from resigning at his own request during vacation. The Labor Code provides for only one restriction: the employee must notify the director of his desire to leave the company in advance. But as practice shows, two weeks of work may well become a vacation followed by dismissal.
https://youtu.be/9w26jhegxAg