How to fire voluntarily while on vacation. How to fire an employee during vacation: law, procedure and step-by-step instructions for dismissal

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 resignation letter while on vacation at will.

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 with subsequent 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 of 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.

The Labor Code is on the side of the employee in many issues, defending his rights before the employer.

This applies primarily. 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 was submitted, then refuse this right The management of the organization has no right under any circumstances. In case of any complaints, issues must be resolved only in judicial procedure, but do not issue the calculation and documents - gross violation, which entails a number of penalties for the enterprise.

This also applies to situations where the desire to leave work visits an employee. 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 a statement. If he goes on vacation, then this time can be counted as working time. There are several important features, which should be taken into account by both parties to the labor relationship in order to avoid violations and mistakes in the future.

A situation may also arise if the employee has a vacation period of less than 2 weeks. This usually occurs in cases where the employee has already used part of the vacation, since initially vacation is granted only if six months have been worked (in this case, 2 weeks have already been worked). In this case, if the employee wrote an application before the vacation, then the entire vacation time will be counted towards the work, and after that he will need to work the remaining number of days.

Example: an application was written on February 1, work will be provided from February 2 to 15, but the employee has vacation from February 2 to February 10. In this case, from 11 to 15 he will have to work more, and on February 16 he will have to pick up the documents and payment.

Time is calculated in the same way; if a person decides to quit while on vacation, then the remainder of the vacation (starting from the day after writing the application) will be taken into account as working time. If this is not enough, then after the vacation you will have to work out the remaining time.

Dismissal during vacation

So, is it possible to quit during the vacation period, and is it included in? Situations in life are different, and sometimes you may need to leave urgently. At the same time, management is not ready to let go of any employee at his first request. Labor legislation defines the categories of people who can quit on the day the application is submitted. But the rest must work another 2 weeks, which is not always convenient. Then the employee can try to apply for leave, if eligible.

The rules will be absolutely the same if the employee applies for his own, additional or “at his own expense”. It is quite acceptable, while on annual leave, to take more additional days administrative. At the same time, dismissal during the vacation period or before (simply taking into account days of rest) has its own differences and nuances that should be paid attention to. The procedure is generally standard and does not have any problems.

The situation becomes more complicated only if the employee wants to leave during vacation without working off. If he belongs to the category of employees who are required to be fired on demand, then they can refuse him this. But at the same time, the employer does not have the right to interrupt the vacation, even with the consent of the employee. This is especially true for these categories - they cannot be recalled even if there is a production need. Then all that remains is to fire on the actual date indicated. If additional compensation is due, it will not be paid. But if vacation pay was previously issued that exceeds the required compensation, this overpayment will be deducted from the calculation that is issued upon dismissal.

Application Rules

You can submit a resignation letter to the HR department in one of the most convenient ways:

personally deliver;
send by registered mail - you must have a receipt confirmation, in which case the date specified in the application will be considered, and not the date when the employer received the letter;
convey via official representative– It is important to have an official notarized power of attorney.

If a person initially sent an application by mail, then it is also entirely possible to indicate a wish that the documents also be sent to him by mail.

An employee may well continue to be on leave if he decides to leave the company. To do this, it is not necessary to issue an official job review.

Simply put, if we quit while on vacation, we can write any date – it doesn’t have to be a working day.

If a person decides to quit while on vacation, or simply taking it as work, then it is necessary to draw up an application in the standard manner, indicating the following points:

in whose name it is drawn up (the head of the enterprise, namely the employer, the name of the organization);
who exactly is directing? Full name of the employee, as well as his position;
requests to be fired. Article 80 of the Labor Code of the Russian Federation or any other is indicated if there are other additional grounds ();
date to be interrupted labor relations;
date of application and signature.

Only the article of the Labor Code and the order number are also indicated. No additional explanations or clarifications are needed. The application does not indicate that the employee is on vacation at this time or asks to take it into account as work. All these provisions will be regulated simply by additional orders. There is no need to indicate any of this in the text of the resignation letter itself.

Registration of dismissal

IN lately at many enterprises, the program already considered when it is necessary to issue a dismissal order and issue documents to the employee in order to avoid consequences for the company. For now, simply log into the site and use the calculation calculator to determine when you need to write an application in order to receive a calculation on a specific day. In the same way, you can calculate how many days of vacation you are entitled to if you work a certain period.

It is quite possible to combine several vacations. The design here will have 2 options:

Written before going on vacation. Then all documents, calculations and orders are prepared even before this and are issued on the last working day before the vacation period. In fact, this terminates the employment relationship, although the official date of dismissal is the last day of vacation.
The application is written directly during the vacation period. It is possible to transfer it in a convenient way. Labor documents, orders and calculations are being prepared for the end of the vacation. The next day after this, the person must be given all this. It is also possible to come on the last day of vacation to collect documents.

Issuance of a work book

Issue work book, as well as settlement payments to the employee are required 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 prosecutor’s office or 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.

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 registered letter by mail, then the number of 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 a 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.

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.

In article 127 Labor Code RF is talking 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. - full list Similar actions can be found in Art. 81 of the Labor Code of the Russian Federation on termination of an 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 period 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 turning back: you have effectively terminated your employment relationship with your employer.

How is dismissal after vacation documented? First of all, it is worth considering that your intention to go on unused vacation before dismissal must be 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 writing, 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: order for registration of leave and 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 necessary 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.

Dismissal after vacation at your own request carried out as part of the normal procedure. However, there are nuances, depending on exactly when the employee decided to terminate his employment relationship with the employer. Let's sort it all out interesting points in the article.

How to file a resignation immediately after a vacation

Order dismissal after vacation at own request is no different from dismissal for the same reason at any other time. In order to resign on his own initiative, the employee must submit a written application to the employer.

Starting from the day following the delivery of this petition to the head of the enterprise and until the expiration of the 2-week period, the employee must go to work, with the exception of cases of being on sick leave or using unpaid vacation days before dismissal.

Submitting an application

In his petition, the employee must indicate the basis for dismissal - in our situation this is clause 3, part 1, art. 77 of the Labor Code of the Russian Federation - and the date of termination of the employment contract. It is necessary to take into account that the employee must inform the employer of his intention to resign no later than 2 weeks before the expected date of termination of the employment relationship.

However, situations are possible when an employee may insist on immediate dismissal on his own initiative due to the inability to continue to perform his job duties in the future. Then the application should indicate such a valid reason and be prepared that personnel officers will be able to ask for documentary evidence of these circumstances. Among these good reasons can be called retirement or entering a university for full-time training.

Issuance of an order

After a 2-week period has passed after receiving a statement from the employee about his intention to resign, the employer issues a corresponding order, with which he familiarizes the dismissed person with signature. It is undesirable to issue an order earlier, since the employee may change his mind during these 2 weeks and withdraw his application (Part 4 of Article 80 of the Labor Code).

The only exceptions can be cases when the employer has already sent a written invitation to work in the place of the dismissed employee to another employee.

Refusal of application

If the employee changes his mind and refuses to sign a document acknowledging the dismissal order, but the 2-week period has already expired or another person has been invited to his position, then a corresponding note is made in the order. Despite this, on the last day of the 2-week period, the dismissed person must be issued a work book and all due payments must be settled.

Applying while on vacation

If an employee’s request for dismissal was submitted while he was on paid leave, dismissal is also made 2 weeks after the employer receives the said application, despite the fact that the vacation has not yet ended.

If an employee did not go to work on the day of his dismissal to receive a paycheck and documents (work book and others ordered by the employee), because he was still on vacation, then the employer sends him a corresponding notice about the need to appear and receive documents or give consent to sending them by mail (Part 6 of Article 84.1 of the Labor Code).

The procedure for warning the employer upon dismissal after vacation

Dismissal after vacation according to Art. 80 of the Labor Code of the Russian Federation requires an employee to submit a written application to the head of the enterprise with notification of his decision 2 weeks in advance (Part 1). An employee who has decided to resign can send such a statement to the employer while still on vacation. The next day after the day the employer receives such a request sent by mail will be considered the beginning of the 2-week period. Therefore, upon returning from vacation or having worked the required period (if the vacation ended before 2 weeks), the employee can immediately receive due payments and necessary documents (work book, etc.).

If the decision to write a letter of resignation was made by the employee after returning from vacation, then he can submit this petition to terminate the employment contract on his own initiative personally to the employer. In addition, by agreement of the parties, dismissal can occur earlier, before the end of the 2-week period (Part 2).

In the same case, when an employee decides to resign, having previously taken unused vacation, to which he is entitled in accordance with Part 2 of Art. 127 of the Labor Code, he will be able to submit a letter of resignation at any time; in this case, you will not need to work for 2 weeks, since vacation time is included in the period of so-called working off. After all, labor legislation does not provide for any time limit between filing an application and going on vacation.

How is calculation made upon dismissal after vacation?

When dismissing on the initiative of an employee after he returns to work from vacation, 2 situations are possible when the employee:

goes on vacation with subsequent dismissal - here the date of termination of the employment relationship will be the last day of vacation, and an application for this is submitted even before going on vacation;
decides to quit while in annual leave or immediately after it - the date of termination of the employment contract will be the day that follows after the completion of the 2-week period allotted for warning the employer.

Depending on when the employee decides to resign on his own initiative, the calculation is made. Let's figure it out.

When are severance payments made?

Payment upon dismissal is made on the last working day of the dismissed person (part 3-4 of article 84.1 of the Labor Code). If the employee was not at work on that day, then payments are made no later than the next day after the dismissed person submits a request for payment (Article 140 of the Labor Code).

If an amount was left for the dismissed employee on the day of termination of the employment contract cash to make a settlement with him, but he did not show up for the money, then these funds can be kept in the cash register for only 5 days (clause 6.5 of the Central Bank Directive No. 3210-U dated March 11, 2014). After this period ends, the money is deposited and returned to the bank.

The calculation for the dismissed person involves payment of the following amounts:

salaries;
compensation for missed days of annual leave;
severance payments provided for in the employment/collective agreement.

If the vacation after which the employee decided to resign was provided in advance, then the amount of overpaid vacation pay is withheld from the dismissed person in an amount not exceeding 20% of the salary (paragraph 5, part 1, article 137, part 1, article 138 of the Labor Code).

Calculation before vacation with subsequent dismissal

The moment when in this case the employment relationship with the employer is terminated is precisely the last day of vacation. However, payment of the amounts due to the dismissed person must be made before he goes on such leave - on the last day of work (definition Constitutional Court Russia dated January 25, 2007 No. 131-О-О).

On this day, the employee should be given wages and provided for by agreement with the employer in employment contract(collective agreement) payments. In this case, vacation pay must be paid, as expected, 3 days before the start of the vacation (Part 9 of Article 136 of the Labor Code).

In the case when, while on annual leave, an employee sends a request to the employer for another leave (this time with subsequent dismissal), the head of the enterprise has two scenarios for the development of events:

Due to the fact that granting leave with subsequent dismissal instead of making compensation payments for unused vacation days is the right, but not the obligation of the employer, the head of the company may refuse to satisfy this desire of the employee. Then the employee returns from vacation, works out the remaining time of up to 2 weeks (and if there is no time left to work, then submits a request to the employer to pay him) and receives all payments due to him.
In the event that the employer satisfies the request of an employee who wishes to resign and grants him another leave with subsequent dismissal, they agree on the date for the calculation and issuance of the work permit; in this case, the employee may not go to his workplace after the end of the annual leave and immediately go on leave with the next dismissal after its completion.

Features of voluntary dismissal after maternity leave

While in maternity leave or on annual leave before going on maternity leave under Art. 260 of the Labor Code, the employee also has the right to terminate the employment relationship at her own request. The dismissal procedure is the same here: a corresponding petition is submitted no later than 2 weeks before the desired dismissal date. During this 2-week period, the maternity leaver may change her mind about quitting and withdraw her application, but there is one caveat.

Often, a temporary worker is hired to replace an employee who has gone on maternity leave, and upon receipt of an application from the woman on maternity leave expressing a desire to terminate the employment relationship, the employer can invite such a temporary employee in writing to permanent place work. Then, even if the employee changes her mind about quitting, she will no longer be able to withdraw her application.

PLEASE NOTE! If, before going on maternity leave, the employee did not take advantage of her right to take annual leave, then upon dismissal of her own free will, she will be paid compensation.

The main feature of the dismissal of an employee on maternity leave on his own initiative is the moment associated with the calculation of such compensation. In particular, to do this, you need to calculate the vacation period, which does not include the time the employee is on maternity leave (except for the case where the maternity leaver continued to work part-time).

So, if an employee decides to resign of his own free will immediately after his vacation, then care should be taken to submit an application in a timely manner. So, if an employee does not want to work anymore after returning from vacation, then the resignation letter should be submitted while still on annual leave, calculating the required 2 weeks allotted for the employer to find a replacement.

Moreover, during this 2-week period, the employee can change his mind and withdraw his application, but provided that the employer has not sent a written invitation to another employee to take his position. If an employee writes a letter of resignation after returning from vacation, then he will need to work the required 2 weeks or agree with the employer on another dismissal date.