Sample application for leave followed by dismissal in 2020.

An application for leave with subsequent dismissal is drawn up in writing when a subordinate has indicated his intention to terminate his employment relationship with the employer, having previously taken a rest period on legal paid leave.

This method of resignation provides a number of benefits to the departing employee. He gets time to rest, as well as time to look for a new job without losing seniority and without working out the 2-week period established by the Labor Code of the Russian Federation. In this option, management receives fewer benefits, but when a subordinate leaves, legal norms are observed, and a good relationship with the departed person remains.

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What is leave followed by dismissal?

Content:

Every working person has the right to annual rest after exhausting work. At the same time, after the vacation, the employee has the right not to return to the previous company, having previously agreed with the management, to leave the enterprise upon completion of the vacation.

Vacation, with resignation upon completion, is becoming an increasingly common practice, beneficial to both parties to the employment relationship, as it provides the employee with time to find a job, as well as the opportunity to rest on the eve of a new job, and the employer with savings on compensation for unprovided vacation.

Annual leave, unlike other types of leave, if not provided on time, can be postponed to a future period, and upon leaving work it is subject to compensation.

Leave, with deduction upon completion, is granted to a subordinate upon submission of a written request. In this case, the day of dismissal is considered the final day of rest.

Providing this type of leave is a right, not an obligation of the manager. However, this does not apply to the option when the subordinate’s annual rest before retirement coincides with the vacation schedule.

Also, such leave is not provided to a subordinate dismissed for violations of labor discipline.

Note. The Labor Code of the Russian Federation stipulates that when granting leave with resignation upon its completion, a subordinate has the right to withdraw his request for dismissal before the start of the leave, provided that an employee is hired in his place by way of transfer.

How to correctly write an application for leave followed by dismissal

There is no unified application template, so you can write it in free style on a standard A4 sheet of paper. When preparing it, you must adhere to the rules for composing business letters established in office work, observing spelling.

In the document in the upper right corner you need to fill in the position, company name and full name. the head of the company to whom the appeal is submitted.
Then, in the next line, you need to fill in all the applicant’s data (position, full name, structural unit).
Next, going lower, in the center of the line, you need to fill out the name of the form “Application”.

In the text part of the form, you must state the request for leave in the correct style, displaying the date from which the employee wishes to go on vacation and the duration of the vacation, if the person knows exactly how many days he is due.
If the employee does not know the number of vacation days, you can simply write “Please provide me with the unearned vacation from...” and indicate the start date of the vacation. The accounting department itself will calculate the number of days due, which will be displayed in the manager’s order.
As an addition to the written request, it will be necessary to add the phrase “... with subsequent dismissal”
The form is completed by filling out the date of writing and the personal signature of the applicant with a transcript.

This form can be written by hand or typed on a computer and then printed out. It is advisable to draw up the document in 2 copies. When registering it, the second copy remains with the applicant with a mark of the registration number, date of delivery and full name. the responsible person who accepted the application.

Can an employer refuse to accept an application?

Refusal to accept an application

After receiving an application for leave followed by dismissal, the employer can:

Satisfy the employee’s request if during his employment he has not committed serious violations;
Offer the employee to work vacation time in exchange for payment of monetary compensation for unused vacation days;
Refuse an employee to go on vacation with subsequent dismissal, violating the vacation schedule among employees. Then the employee will have to wait for the vacation that he is entitled to, for example, only in June, instead of going on “furlough” leave in March.
Satisfy the requirements of a resigning employee without the need for two weeks of work;

How to correctly fill out an application for leave followed by dismissal

To correctly register leave with resignation upon its completion, you need to perform certain actions:

Before submitting your resignation, you must go to the HR department or the accounting department with a request to calculate the number of accumulated rest days.
Having received such information, you can draw up a request for leave, outlining your intention to leave the enterprise after its completion, and submit it to the manager or personnel officer for approval and issuance of an order.
It must be borne in mind that a request for leave must be submitted in advance, if it is not a leave according to the approved schedule. It should be taken into account that in case of resignation on personal initiative, according to Art. 80 of the Labor Code of the Russian Federation, required to work for 14 days. Therefore, if the accumulated vacation days are more than this value, then there is nothing to worry about, but if it is less, then this circumstance must be taken into account so as not to get into trouble.

Note. Before planning to leave the company, you must take into account that providing unscheduled leave is a manager’s right, not an obligation. Therefore, if a subordinate plans to leave the enterprise and, at the same time, have a little rest, then such an event must be planned when the vacation schedule is suitable, since according to Part 2 of Art. 123 of the Labor Code of the Russian Federation, such a schedule is mandatory for both subordinates and superiors.

A request for leave and a petition for resignation can be drawn up separately, or the petition can be combined on one form. In addition, an application for resignation can be submitted to the manager while already on vacation, and if there are more than 14 days left for rest, then the employee will not have to work 2 weeks, and vice versa, if there are not enough days, after rest he will have to work the missing days until 2 weeks of work.

On the final day of work on the eve of the vacation, with resignation at its end, the employee is given documents and the required payments. Vacation pay is issued in such circumstances 3 days before departure on vacation.

Note. If a person, going on vacation along with resignation, falls ill before the date of dismissal, then his sick leave will be paid by the employer, but the vacation will not be extended.

Does the employer have the right to refuse?

An employee has the right to request a vacation with subsequent termination of the employment contract, but is the employer obliged to grant the request?

According to Article 127 of the Labor Code of the Russian Federation, the management of the organization can meet the applicant halfway and formalize this procedure, but the obligations are not fixed in the labor code. This means that the employer independently decides whether to refuse or not.

The employer must understand that when providing this leave, he cannot require the employee to work a mandatory two-week period.

If the application is approved, the employer will take the following actions:

3 days before the start of the vacation - documents for the provision of annual leave (order) are drawn up, vacation pay is calculated and paid;
on the day before the start of the vacation - documents for dismissal are drawn up, due payments are calculated and issued (salary for time worked, other compensation), a work book is issued.

From the moment of going on annual leave, the employment relationship is considered terminated; there is no turning back for the employee.

If the employer does not want to sign such a statement

According to the law, a manager has the right to refuse to grant a subordinate leave on the eve of resignation.
But, as always, there is an exception to any rule. If the date of vacation, with resignation at its end, coincides with the vacation schedule approved by the company, the employer does not have the right not to allow a subordinate to go on vacation. And after going on vacation, an employee can immediately submit a resignation letter.

Also, the manager will be forced to sign such a petition if this is written in the employment contract.

How to calculate the number of vacation days upon dismissal

To calculate the number of rest days, the following must be taken into account:

The date the employee joined the company.
The duration of his vacation according to the employment contract.
The number of vacation days not used in previous periods.
How long the employee worked from the last vacation to the date of resignation.

If a subordinate took an annual vacation in accordance with the approved schedule, and before the next scheduled vacation he decided to resign, then the number of days for which he can receive compensation will be equal to his annual vacation (clause 28 of the rules of the People's Commissariat of the USSR No. 169 of April 30 .1930 “About the next... and... vacations”). If he did not use the rest days in full, then all remaining days must be added to the vacation days accumulated by the date of departure.

Note. Art. 115 of the Labor Code of the Russian Federation regulates that the minimum annual leave is 28 days, and in a number of circumstances additional days of paid rest are provided.

To calculate unprovided vacation days upon resignation, the days not received for the past years are checked, taking into account the accumulated vacation days at the time of resignation.

When calculating the standard duration of vacation (28 days), the following rule is used:

If an employee has worked more than 15 days in a month, a full month is credited to him and 2.33 days of vacation are added (28 days / 12 months).
If a person worked less than 15 days in a month, this month is not counted towards him.

Note. This rule also applies to temporary workers employed for up to 2 months (Article 291 of the Tax Code of the Russian Federation).

When establishing “vacation pay” of a different duration, the number of “vacation” days accumulated during the month worked is equal to 1/12 (clause 29 of the vacation rules). For example, with a vacation of 35 days, an employee is added 2.92 days of vacation for each month (35 days / 12 months).

Counting example

Electric welder of the 4th category Pakhomov G.P. has been working at OJSC “Success” for 17 years. He decided to leave the company in December 2018 in order to start working at a new enterprise in the new year.
His vacation was 35 calendar days. This year he worked 10 months from the date of his final leave. During his last rest, Pakhomov G.P. was recalled by order of his manager and did not finish his work for 10 days.
For each working month, he is accrued 2.92 days of vacation (35 days / 12 months).
For 10 months worked, he earned 29.2 days of vacation (2.92 days × 10 months). The accepted rule is that when receiving a fractional indicator, round up, so the number of days is taken to be 30.
Based on the calculation results, the number of vacation days not received by a subordinate is equal to:
10 days + 30 days = 40 days.

How to calculate compensation for unused vacation in 2020

After counting the days of rest that the working person did not receive upon resignation, you can begin to calculate compensation payments for these days.

The calculation takes into account the entire time of the employee’s work activity from the beginning of employment. The next year is taken into account from the beginning of January. A newly hired employee has the right to receive leave after 6 months of continuous work.

The amount of compensation payments depends on length of service, position and region. The minimum duration of annual paid leave is 28 days. For some categories of employees, the vacation may be longer:

State employees – 35 days (Federal Law No. 79).
For judges working in the regions:

Far North - 51 days.
Equated to the Northern region - 45 days.
Under normal climate conditions – 30 days.

The amount of leave also depends on length of service. For example, judges with 5 to 10 years of experience are given 5 days of vacation, from 10 to 15 years - 10 days, and over 15 years - 15 days. The same rules apply to disabled people (Federal Law No. 181) serving in the RF Armed Forces, to employees of the Ministry of Internal Affairs and other law enforcement agencies of the Northern regions.

Compensation accruals for lost vacation days are subject to personal income tax, like other payments. Deductions are carried out upon accrual, with accounting reporting carried out in the month when the accruals were made.

Example

During the billing period, the employee received income in the amount of 600,000 rubles.
The employee has worked a full calendar year.
According to his employment contract, he is entitled to 28 days leave.
Calculation of compensation accruals (CCAs) for lost vacation days upon resignation is carried out according to the formula:
KNO = SDD x ChDO, where:
ADD – average daily income.
NDO – number of days of rest.
Average daily earnings are:
600,000 / 12 months. / 29.3 = 1706.48 rubles.
Compensation for vacation days is:
1706.48 x 28 days = 47781.44 rubles.
Deductions in personal income tax:
47781.44 x 13% = 6211.59 rubles.
The employee will be paid:
47781.44 – 6211.59 = 41569.85 rubles.

Billing period

When calculating compensation payments for lost vacation days (upon resignation), the estimated time for the 12 months preceding the date of resignation is taken. The days when a person was:

In maternity leave.
On a sick leave.
On vacation at your own expense.

When calculating compensation payments for lost vacation days, days are rounded up. This is not established by law, however, management can resolve this issue by internal order.

Possible mistakes

If you fill out the template above, there should be no errors. This is a current document. If you decide to do everything yourself, then remember that the applicant is obliged to write on the same form both about going on vacation and about dismissal. Two separate samples will be considered unacceptable.

The date and signature of the applicant must be at the bottom of the form. The personnel employee or any other person should not do this for the resigning employee.

The date indicated on the application is the start of the vacation. It is from this date that the full period for the reporting year and previous ones will be calculated.

It often happens that an employee incorrectly calculated the vacation days and indicated them on the form. It is important to remember that only those days that have not yet been spent in previous years, as well as in the current one, are used. For example: if the employment contract establishes a vacation of 28 days, and this year the employee stayed in place for 3 months, then the full number of days (28) is still taken for this period. But if there has already been a vacation this year, then these days are deducted.

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Deduction for unworked vacation days upon dismissal

Regulatory acts stipulate that every working person is provided with paid leave after a certain time. It is usually provided to a person according to an approved schedule. However, sometimes, with the permission of management, due to personal circumstances, it can be shifted to an earlier time.

Note. The right to leave for a newly hired employee begins in the first year after 6 months of work in the institution. (Article 122 of the Labor Code of the Russian Federation). In the following years, the employee receives leave based on the approved schedule.

As a result of receiving vacation while working for half a year, if a subordinate wants to leave the company, then when calculating the unearned vacation days, he ends up with a situation that requires deduction for unearned vacation days.

Such retention upon resignation by management is not always carried out and not in full. Why this happens and how to correctly perform the hold is proposed to be shown using an example:

Employee Ptitsyn P.N. got a job at the institution on August 1, 2018, and in February 2020 the right to leave began (paragraph 2 of Article 122 of the Labor Code of the Russian Federation), and he decided to use the opportunity received. His vacation was 28 days (Article 115 of the Labor Code of the Russian Federation).
During his vacation, he was offered a more profitable job, and he resigned immediately after completing his vacation. By the date of resignation, P.N. Ptitsyn had accumulated only 14 vacation days (6 months × 28 days / 12 months), that is, he took an extra 14 days off (28 - 14).
Considering that before his vacation P.N. Ptitsyn received 28 days of vacation pay, by the date of resignation he had a debt to the company for 14 days.

Therefore, when contact is terminated, the employer is obliged to provide the dismissed person with pay slips, which include wages for the time worked and compensated accruals for vacation days that the subordinate did not receive. At the same time, the employer has the right to deduct from accrued payments debt for “excess” vacation pay (Article 137 of the Labor Code of the Russian Federation).

However, it is not always possible to use this right. If a person is expelled on the grounds reflected in Art. 137 of the Labor Code of the Russian Federation, it will not be possible to calculate an advance on vacation pay in case of staff reduction or liquidation of an enterprise, as well as in other situations provided for by law. In addition, you can issue all settlement payments and then collect the debt by going to court.

Is it possible to withdraw such a statement?

The legislation of the Labor Code of the Russian Federation provides that an employee has the right to withdraw a submitted application for resignation until the final working day.
When submitting an application for dismissal on his own initiative, the subordinate must work for 14 days. This time is given to him so that his superiors can select another candidate in his place and at the same time, so that the person thinks carefully about his decision.

The same provision applies to the option when a person applies for leave, leaving work upon its completion. However, this situation has its own characteristics.

An employed person can indeed withdraw his request for resignation, but only before the start of the vacation, because all accruals and documents, including the completed work book, will be handed over to him on the final day of work.

If a vacationer falls ill during a period of rest, with resignation upon completion, the enterprise is obliged to pay him sick leave, but extension of leave due to illness is not allowed.

Decor

Termination of employment relations with an employee is carried out according to the standard procedure:

the employee draws up and submits 2 applications: for leave and dismissal, which are drawn up in any form.

It is important to know! A request for leave with subsequent dismissal can be presented in one statement, for example, “I ask for leave with subsequent dismissal.”

Sample application for leave followed by voluntary dismissal

After reading the document, the manager makes a decision on granting rest. If approved, two (or one) orders are issued to assign leave and dismissal;
due payments are calculated;
an entry is made into the labor record.

Sample entry into employment notice for voluntary dismissal

After the documents and funds are issued, the employment contract is considered formally terminated.