Any employee of the organization can exercise the right to dismiss at personal request, even if at that moment he is on vacation. Only one question can confuse you: how to do it legally.

Is it possible to resign of your own free will if you are on vacation?

Russian legislation does not prohibit writing and submitting a letter of resignation, even while on vacation. In addition, you can submit your resignation letter and go on vacation for 14 days after management has reviewed and signed it. And you won’t have to stay at work for another 2 weeks after returning from vacation.

Quit by at will an employee can even during vacation

When to tell your employer about your dismissal?

Communicate your intention to leave the company at least 2 weeks before your planned departure date. This is obligated by Art. 80 Labor Code of the Russian Federation.

An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or another federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

Labor Code Russian Federation dated December 30, 2001 No. 197-FZ (as amended on December 31, 2017)

Terminate labor relations It is possible earlier in two cases:

1. On a voluntary basis - by agreement of two parties (employer and employee).
2. If the employer violated labor laws or other regulations: pays wages once a month instead of the required two, does not record or pay extra work, did not pay vacation pay 3 days before the vacation, and others.

The working period may change in a number of other cases:

1. If the employee is on probationary period and decides to quit - it will be 3 days after the date of notification to the employer of resignation.
2. If the head of the company resigns, it will be 1 calendar month.

The director of the enterprise or any other employee holding leadership position, must notify about his departure no later than 1 calendar month (or 30 days). During this time, he will be able to bring the matter up to date and transfer projects to another official, and it’s unlikely to be possible to do this in 2 weeks.

The dismissal of a director is always stressful for the company, so the transfer of affairs takes twice as long

How to quit voluntarily while on vacation: action plan

Every employee has the right to leave their position at their own request. And it doesn’t matter whether he is on vacation or at his workplace at the time of writing the application. In this case, you can quit your job while on vacation:

• at the expense of the organization;
• at personal expense;
• for child care.

Write a statement and notify your manager about your resignation.

A written resignation letter is the only official way to notify your employer that you are leaving the company. It doesn’t matter whether it is written by hand or printed on a printer. The content of the document is also not regulated by law, but personnel officers advise adhering to several important rules.

First, in the header of the application, write down who it is intended for and from whom it comes.

To the General Director of Matiz LLC, Alexander Alekseevich Sergeev, from sales manager Arkady Pavlovich Skubko.

Secondly, write very briefly: “I ask you to fire me of your own free will.”

Separately, we note that the application does not need to include the phrase: “I ask you to fire me from ... (March 15, 2018)”, write specifically: “I ask you to fire me at your own request on March 14, 2018.”

If an employee writes the current, “today’s” date in the application, then the employer has the right to detain him at work for another 14 days.

Thirdly, be sure to indicate the expected date of dismissal - the last day of work in the organization.

In my resignation letter, I wrote “I ask you to fire me on March 14, 2018.” On the same day - March 14 - I took the application to the manager for signature. He signed the document, but said that he would fire me only on March 23 - my last working day. If I had written the same statement and submitted it to my boss on March 1, then the 15th would have been my last working day in the organization.

Sample of a correctly written resignation letter.

The employee is required to put his signature and identification (last name, initials) at the end of the application. Then you need to hand over the application for dismissal to the manager personally or send it by letter with notification of receipt. Despite the prevailing opinion that an application for dismissal can only be submitted in person, no employer has the right to refuse to receive and read the corresponding application from an employee received by mail.

The resignation letter can be handwritten or typed.

Sign the dismissal order

After receiving the resignation letter, the employer issues a corresponding order - an internal document on termination of the employment relationship. This occurs on the employee’s last day of work or after the expiration of a two-week period of work (if any). Example of a dismissal order.

An order is created in one of two forms:

• T-8 when registering the dismissal of one employee;
• T-8a - two or more people or groups.

Form T-8 or T-8a occupies 1 sheet of A4 format and contains mandatory information O:

• the name of the organization in the upper right corner;
• document number and date of its preparation;
• contents of the order with number employment contract and the date of dismissal.

If the reason for dismissal was the employee’s own desire, the document must make a reference to his statement.

At the bottom of the document there must be information about the head of the organization: position, full name and personal signature.

The order contains 2 dates:

1. In the body of the document, the date of dismissal is the day from which the two-week period of work begins, or the date on which the application itself is dated.
2. The second date is the employee's last working day.

You can download the order template on form T-8.

Let me remind you that the order is created by the manager and signed by the subordinate on the last day of his work.

Suppose an employee wrote a letter of resignation on his own and took it to his manager on March 1. The statement indicates the last day of work - March 15: “I ask you to dismiss me at your own request on March 15, 2018.” The employee was able to read and sign the order only on March 15, the day he officially left work.

Order to dismiss an employee at his own request

Final payment upon dismissal

Receive wages and benefits for unused vacation. On the last day of work of a subordinate, the employer is obliged to pay the employee:

• monetary remuneration for worked and previously unpaid working days;
• other payments provided for in the employment contract, for example, a bonus;
• vacation pay - compensation for unused vacation.

An employee can go on vacation at the company’s expense six months after joining the staff. If an employee took a vacation at his own expense after 6 months of work in the organization and did not have time to take advantage of the right to “free vacations,” he can apply for them or for compensation for their cost - vacation pay upon dismissal.

An employee will be able to receive bonuses, allowances and remuneration for additional work on the last (calculated) working day at the enterprise.

Additional payments are called severance pay. They can be paid if:

• liquidation of an enterprise and forced dismissal of an employee;
• staff reduction;
• refusal of an employee to work at the enterprise due to changes in working conditions or job responsibilities;
• conscription of an employee into the army;
• inability to work due to health reasons.

The minimum amount of severance pay is two weeks' wages. The maximum is a two- or three-month rate ( official salary). Additional payments are not due to an employee who decides to leave the organization voluntarily.

Upon dismissal, the organization must pay the employee in full, so in addition to salary, he will receive the due bonus and compensation for unused vacation

Does the employer have the right to withhold an advance paid towards vacation?

Vacation pay is paid 3 days before the start of the vacation - this is what the law says. If the employee received cash and on the same day decided to resign of his own free will, the employer may withhold vacation pay paid in advance from his wages.

If the amount of paid vacation pay is greater than the amount of withholding, the employer has the right to:

1. Ask the employee to reimburse the amount of “extra” vacation pay voluntarily.
2. Refuse the refund and forget about the amount paid.
3. Go to court with a demand to recover the amount of vacation pay from the former employee.

The employer cannot force a former employee to return the overpaid amount to the organization's cash desk and in no case can blackmail or threaten all kinds of punishments for refusal.

The labor inspectorate usually acts in the interests of the employee and rarely goes over to the side of the employer, even if he behaves lawfully, unlike his former subordinate. However, the director of the enterprise also has rights, for example, the right to compensation for losses that he incurred when paying an advance for unused vacation. How the court will behave in this situation is unknown. But it's obvious that best way- resolve the conflict between employer and subordinate before litigation.

Since the court most often takes the citizen’s side, a competent employer will not extort an advance payment for vacation from a former employee

Receive a work book with a notice of dismissal and other documents

The dismissal of an employee must be supported by an entry in the work book, provided that the document contains a record of employment in the same organization - this is indicated in Part 5 of Art. 84.1. Labor Code of the Russian Federation.

There are 4 columns in the work book that a HR specialist must fill out upon dismissal:

1. Record number - determined by the number of the previous one. The document has continuous numbering, which must be strictly observed.
2. Date - implied number last day employee's work. The date in the work book coincides with the date the order was issued.
3. In the “Job Information” section, the personnel officer indicates the reason for dismissal.

If you quit at your own request, the following entry will appear in your work book: “The employment contract was terminated at the initiative of the employee, clause 3 of part one of Article 77 of the Labor Code of the Russian Federation.” And there will also be information about the document - the order, according to which the employee was fired.

On the day of dismissal or the last working day, the former employee of the organization is given:

1. A work book with a note on acceptance to work in the organization and dismissal. Each entry in the work record must be certified by an authorized person and his signature - general director, for example, and the seal of the organization. If you pick it up work book on the day of dismissal, the employee cannot; the employer can send it to the addressee by mail, only by prior agreement with him. Or ask the former employee to pick up the employment document on another day.
2. Certificate 2-NDFL. To receive a certificate mandatory for further employment, the employee must write a written application for its receipt. An employee can request the form as many times as he wants, even after dismissal - the employer does not have the right to refuse.
3. Certificate of income for 3 months. To receive the document, the employee must write an application. The certificate is needed to receive disability benefits and other social benefits.
4. Certificate of total earnings for calendar years preceding dismissal. It will be useful for processing social benefits - temporary disability benefits, for example.
5. Personalized information - calculations of insurance premiums from the beginning of the annual quarter until the date of dismissal with personal data about the employee.

To receive personalized data from an employer, you must be registered in the mandatory pension insurance(OPS). If you have SNILS, it means you are already in the system. Personalized information will allow you to find out about your pension rights or what pension you will receive tomorrow.

Typically former employees request:

• form SZV-M for one month of working with personal information;
• form SZV-STAZH - information about the employee’s length of service;
• form SVP-2 - it is needed only for those who are leaving due to retirement.

If you parted with the manager and the company as a whole on good terms, request a minimum “package” of documents and certificates. The rest, if necessary, will be received later - when needed. If your relationship with your employer has become tense, pick up all documents on your last day of work. Write an application for the issuance of certificates 3 days before leaving so that the accounting department or human resources department can prepare them in advance.

How to quit while on vacation and not work for 2 weeks after leaving it

The easiest way is to add to the application a request to resign without work. The employer can accommodate former colleague and “let go” of it.

IN exceptional cases An employer does not have the right to leave a former employee for work, for example, if:

• retirement;
• admission to full-time study at a university or other educational institution;
• moving to another region for a spouse;
• another good reason: serious illness or the death of a relative.

In other cases, you will have to stay at the workplace for 2 weeks, which are calculated the next day after the employer received and reviewed the application.

The following scenario is also possible: an employee worked for the company for 10 months and wrote an application for leave. 3 days before the vacation I received vacation pay and on the last day before the vacation I wrote a letter of resignation at my personal request. The employer agrees to allow the subordinate to go on vacation, signing an application at the same time. In this case, the employee will not have to work the mandatory two-week period - it will count towards the vacation. This plan for the development of events is one of the most successful for an employee.

What to do if the employer does not accept the resignation letter

In practice, the managers of the organization are obliged to satisfy the employee’s request for dismissal on first demand, although the legislation of the Russian Federation does not directly say this. If an employee has decided to resign, he writes a statement and gives it to the manager. It may happen that the employer does not want to let you go and does not accept your application.

No one has the right to force a citizen to work - neither the employer, nor colleagues, nor own parents. Therefore you need to act like this:

1. Write a letter of resignation and send it to your manager by mail with notification of receipt. Sooner or later the employer will receive and read the letter. He will be able to fire you the next day after reading the application.
2. Give the application to the secretary and take from him a receipt confirming acceptance of incoming correspondence. Having received your application, the employer is obliged to familiarize itself with it and dismiss you after 2 weeks.

The employer has no right not to review your resignation letter.

Dismissal during vacation, like any coin, has two sides. In the first case, you will receive a long-awaited vacation and bypass the two-week work period. In the second, you risk having to reimburse the employer for the advance paid for the days of the upcoming vacation.

Labor legislation prohibits termination of employment with an employee while he is on vacation. But this case does not apply to dismissal at his own request or due to the liquidation of the company, organization or enterprise where he works. That is, dismissal during vacation is permissible if the employee himself wishes it.

In addition, there are several other valid reasons that allow you to dismiss an employee during his vacation, for example, if the parties reach mutual agreement on the need to terminate the employment relationship. In addition to the main leave, there are also additional, maternity, and child care. In each specified case, the company does not have the right to dismiss an employee on its own initiative, only upon complete termination economic activity. But the employee himself has every right to resign at any time, he just needs to adhere to the procedural and documentary subtleties of the law.

In what cases is dismissal while on vacation allowed?

An employer does not have the right to terminate an employment contract with an employee on the grounds specified in Part 6 of Art. 81 TK. You should wait until he returns from vacation, and only after that you can fire him.

As we have already found out, it is impossible to terminate the employment relationship with an employee when he is on vacation, at the initiative of the employer, including due to layoffs, due to professional incompetence, and even due to violation of labor discipline. When is it possible?

• If an employee wrote a statement and wished to resign himself;
• If a written agreement is reached between the employer and employee on termination of the employment contract;
• In case of termination of activity of the enterprise where the employee is registered.

At the same time, dismissal during the next vacation is permitted, regardless of its duration or unfinished work by the employee. On the contrary, if the employee wishes, the employer is obliged to fire him. And if any issues continue to remain unresolved between the parties, then they can be referred to the court for resolution. This often happens when a financially responsible employee is dismissed when he did not properly conduct an inventory. And after his dismissal, a shortage was discovered.

When an organization is liquidated, its employees must be notified of the upcoming dismissal at least two months in advance. In the event of a forced bankruptcy procedure, the law allows for a significant reduction in notice periods. This wording of termination of the employment contract is entered into the work book only in the case when complete liquidation, without transferring assets to another company, without reorganization and other legal tricks that unscrupulous employers often go to in order to get rid of the majority of their subordinates.

How to resign on your own while on vacation

There are two options for an employee to combine vacation and his dismissal. The first option is dismissal while on vacation, when the employee submits a letter of resignation while already on vacation. The second option is when an employee asks to be granted leave with subsequent dismissal. For each of these options, the procedure for terminating the employment relationship will be slightly different.

Having written a letter of resignation while on vacation, an employee has the right, without even going to work, to take the days off allotted to him, after which he will receive an order of his dismissal and documents in hand. It all depends on the length of the vacation. If it is less than two weeks, then you will still need to stay at work for some time. After all, according to the law, you need to give notice of your intention to leave two weeks before dismissal. If it is long, you can expect that after the vacation you will no longer have to return to this place of work (if at least two weeks remain from the moment of submitting the application to its end).

You can ask the employer to provide leave with subsequent dismissal. In this case, compensation for unused days is not paid, since the employee has already used it and received vacation pay. The day of termination of the employment relationship will not be the last day of vacation, but the day before it begins. It is on this day that the calculation must be made and the work book issued. And after the prescribed rest, he simply no longer goes back to his workplace.

If a letter is sent with a statement of desire to terminate the employment contract to the employer's address, dismissal occurs at one's own request without working during the vacation. The law does not oblige the employee to complete the required two weeks after the vacation, if at the time of filing the application, such or a longer period of time remains before its end. And any employer should know what to fire while on a well-deserved annual vacation an employee is prohibited only in the case when it is the employer’s initiative, as prescribed in Art. 81 Labor Code of the Russian Federation.

Procedure for submitting documents for dismissal

While at home, or in any other place, an employee can send a letter of resignation to the organization’s address at his own request. It is important to remember that the application is sent to legal address enterprises. If the actual and legal addresses do not match, then it is better to send the application in two copies, to two addresses at once. Since if a dispute arises (and it can arise if the employer says that he did not receive any application or that it was sent to the wrong address), it will be possible to confirm the fact of receipt by corresponding postal notification of delivery of a valuable letter.

Resigning during vacation is a right guaranteed by law for every employee. Therefore, you should not be afraid that the employer will not accept the application or will not sign it.

By the way, labor legislation does not oblige the employer to sign the employee’s resignation letter. You just need to put a mark on the second copy of the document, which remains in the hands of the employee who wishes to resign, about the date of receipt of the application. After all, it is from the next day after that indicated on the application that the period of fourteen days of “working off” is calculated. To figure out how to properly quit while on vacation, you should refer to the norms of the Labor Code of the Russian Federation.

Article 80 of the Labor Code establishes that an employee has the right to terminate an employment contract with the company where he works. The only requirement is to notify the employer two weeks before leaving the position. The law does not establish any restrictions that may allow keeping an employee at the enterprise. On the contrary, on the last day of his work the employee must be given all labor documents and calculation. Including a work record book, along with certificates of income and insurance contributions.

Is it possible not to work for two weeks?

p>The employee can agree with his superiors and not work the allotted time. In addition, the same eightieth article of the Code lists only some cases in which you can resign early, and which are considered valid in any case:

• retirement;
• admission to study;
• when establishing the fact of violation of labor legislation by the enterprise

In the latter case, confirmation of the fact of violation of the law is a court decision that has gained legal force, or an order labor inspection. The employee himself does not have the authority and right to consider his rights violated just because he does not agree with the decision of senior management. The above list is not exhaustive. IN judicial practice There are clarifications in which cases the reason for early dismissal is legal. This usually concerns the illness of close relatives and the need for an urgent move.

One way or another, dismissal during vacation without working off is to a greater extent preferable for the employee himself than for the employer. After all, he has the opportunity to take his vacation and not sit at his workplace for the notorious two weeks. The company, for its part, does not have the right not to fire him, or refuse to issue calculations and documents, since these actions threaten the company with administrative penalties due to violation of labor laws.

It is possible to terminate an employment contract with an enterprise early when an agreement is reached between the parties. Unfortunately, the norms of the Labor Code do not indicate to us a specific procedure for terminating an employment relationship, but the labor inspectorate explains that dismissal with such wording is not only possible, but also necessary exactly by the number indicated in the employee’s application, or in a written agreement, which is addition to the employment contract. Accordingly, if an employee is on vacation on the day specified in the agreement, the employment contract with him is also terminated without his mandatory presence.

Do you get fired while on maternity leave?

A type of vacation is maternity leave. According to the law, an employee who is on maternity leave can be fired only at her request, when she has indicated her will in writing. A woman can send her application by mail even during maternity leave. There are often cases when an enterprise simply wants to get rid of a young mother, forcing her to write a statement, supposedly of her own free will. But this case falls under the category of dispute resolution, and such dismissal, in rare cases, can be considered illegal.

Young mothers often have a question about how to quit while on maternity leave. There are two ways to solve a complex problem. The first way is a written agreement reached with the enterprise. The second way is to send a letter by mail with a request to dismiss from your position. Staying on maternity leave also exempts the employee from the required two-week work period.

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:

1. When applying for leave, provide a letter of resignation on your own initiative.
2. 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 the very last day of 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.

Is it possible to fire an employee who is on vacation?

Is it possible to fire an employee who is on vacation? Usually this is not possible if the decision to terminate the employment contract is made by the employer. Let's see what prevents dismissal while on vacation and in what cases it is permissible.

When can you fire an employee while on vacation?

The Labor Code of the Russian Federation (see Article 81) states that dismissal during the vacation period is possible only when there is no initiative of the employer. Thus, it is possible if:

• the decision is made by the employee himself;
• the decision becomes the fruit of an agreement between the parties;
• the person whose duties were filled during his absence returns to work;
• the employment contract expires.

The will of the employer will be the basis for dismissal on vacation only if the organization is liquidated or the individual entrepreneur ceases its activities. A special case will be the dismissal of an employee of the Ministry of Internal Affairs. In Art. 82 of the Law “On Service in the Department of Internal Affairs of the Russian Federation” dated November 30, 2011 No. 342-FZ stipulates that, on the basis of paragraphs. 1, 2, 4, 7-9 and 11 hours 3 tbsp. 82 dismissal while on vacation is allowed.

In order to exercise the right to terminate relations with an employee on any of the grounds provided for in Art. 81 of the Labor Code of the Russian Federation, he will have to be called back from vacation (see Art. 125 of the Labor Code of the Russian Federation) or wait until it is completed. Can they be fired while on vacation if the employee’s consent to voluntarily recall from vacation is not received? Let us assume that voluntary consent to recall from vacation was obtained with the deliberate purpose of dismissing the employee at the initiative of the employer, and the employee was not aware of such a purpose of recall from vacation. This situation may become the basis for reinstatement at work (see the decision of the Beloretsky Court of Bashkortostan dated October 2, 2017 in case No. 2-2089/17).

How to fire a person on regular leave during the liquidation of an organization

Guarantees and compensation for employees dismissed due to the liquidation of the company are established by Art. 180 Labor Code of the Russian Federation. When a decision is made to liquidate an organization, employees must be notified of dismissal no later than 2 months in advance. In practice, this period is usually used to ensure that employees use all accumulated and unpaid rest days. Registration of dismissal in next vacation in this case it will not cause difficulties if the warning was given in a timely manner. It will be processed in the general manner, the last day of vacation will coincide with the last day of work.

The employee and employer will have enough time to synchronize their actions. When filing for dismissal you will need to:

• prepare an order;
• notify employees;
• notify the employment authority 2 months in advance (for the employer-individual entrepreneur - 2 weeks in advance), and if the dismissal is massive - 3 months in advance (Part 2 of Article 25 of the Law of the Russian Federation “On Employment of the Population in the Russian Federation” dated April 19, 1991 No. 1032-I) ;
• pay severance pay, having made all the calculations.

Can a person be fired while on vacation without pay?

Is it possible to fire a person on vacation without pay? The Labor Code of the Russian Federation does not distinguish between forms of leave for the purpose of determining the possibility of dismissal: the same rules apply if a person is on paid or study leave, took several days in the form of leave of his own free will for family or other reasons (see Article 128 of the Labor Code of the Russian Federation). The date of the first day of leaving leave in this case will become the date of dismissal.

When applying for such leave, a violation of the procedure may become the basis for the possibility of terminating the relationship at the initiative of the employer. Such a violation is possible, for example, if there is a provision in the company’s charter about mandatory approval of the manager’s vacation by the co-founder or the board of directors. Thus, sending an application for extension of leave through channels email or reporting this by phone may be a violation of the procedure and will be considered absenteeism, which will automatically lead to dismissal.

Rostrud, in letter dated September 5, 2006 No. 1551-6, states that the form of notification does not matter, but there is a different practice. Thus, in the decision of the Vorkuta District Court of the Komi Republic dated December 25, 2015 in case No. 2-2449/15, the plaintiff was denied reinstatement at work, since he considered that the employer was obliged to extend his leave in accordance with Art. 124 of the Labor Code of the Russian Federation when communicating this desire by telephone and sending a simple letter in a situation where it was necessary to send a report.

Is it possible to fire a temporary employee on vacation when a permanent employee returns to work?

The legislation provides for several situations when an employment contract concluded for a certain period is terminated on a specific date. One of such cases will be the return to work of a colleague whose duties were temporarily performed by the dismissed person (Part 2 of Article 77 of the Labor Code of the Russian Federation). In the second case, the basis for the requirement to vacate the workplace will be the reinstatement of the previous performer on the basis of a court decision or a labor inspection act. Is it possible to fire someone during vacation in this situation?

The law does not give the replacement employee the right to remain in the workplace, but obliges the employer to offer him other vacancies available in the company. At the same time, the court will confirm the legality of the dismissal of an employee who refused other vacancies; the law does not give him any guarantees or compensation (see the decision of the Slantsevsky court Leningrad region dated June 17, 2016 in case No. 2-650/16). In this case, for example, an employee can be fired even if she is also on maternity leave at that moment (decision of the Oktyabrsky Court of St. Petersburg dated February 17, 2016 in case No. 2-1/16).

Dismissal during maternity leave

If the employee is in maternity leave, she can resign at any time of her own free will. Art. 261 of the Labor Code of the Russian Federation excludes the possibility of dismissing a pregnant woman at the initiative of the company, with the exception of 2 situations:

• liquidation of the organization;
• the return to work of the person whose duties she replaced.

Moreover, if an agreement was reached between the parties on dismissal, but the employee’s consent was subsequently withdrawn due to the fact that at the time of signing the agreement the woman did not know about the pregnancy, then the agreement will not have legal force(see the definition of the Armed Forces of the Russian Federation dated September 5, 2014 No. 37-KG14-4). In this case, the court will not only reinstate the woman at work, but will also force the employer to pay her compensation for wages for the period of absence from work through no fault of her own.

Such withdrawal of consent must be formalized in two documents:

• a statement of withdrawal of consent to terminate the employment contract due to a significant change in circumstances;
• a doctor's certificate confirming the fact of pregnancy.

You can read more about this in the article “Dismissal on maternity leave at your own request.” It is important to note that if an employee is still working part-time while on maternity leave, her culpable actions may give the company grounds to terminate the employment relationship.

How is dismissal processed during vacation?

If an employee submits an application to terminate the employment contract on a certain date, then the question of whether it is possible to fire a person on vacation does not arise. By agreement with the employer, a date for termination of the contract is selected (2 weeks notice is not always required for all employers), and on this day the parties will draw up all the required documents.

How to fire a person on vacation, taking into account the rule that the day of dismissal is the last day of work? It will be necessary to adjust the originally issued order for granting leave. In the newly published document, it will be necessary to indicate exactly the duration of stay on vacation that will become actual. According to Art. 127 of the Labor Code of the Russian Federation, the day of dismissal will coincide with the last day of vacation.

What to do if a personnel decision is ripe and the employer wants to get an answer to the question whether they can fire someone during vacation on his initiative? The only legal solution will be to recall the employee. Cases when personnel services or managers put pressure on an employee, forcing him to write a statement of his own free will, can lead to filing a lawsuit demanding reinstatement, since the statement did not reflect the real will of the person. If the plaintiff convinces the court that the employer forced him to submit an application, this circumstance is subject to verification and the responsibility to prove it rests with the plaintiff (see paragraph 22 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2, decision of the Right Bank Court of Magnitogorsk dated August 25, 2017 in case No. 2-1610/17).

If the employee has not yet earned leave

What happens in a situation where an employee submits a letter of resignation while on vacation, but the vacation was granted after 6 months of work, accordingly, the vacation pay was paid in advance? How is the issue of recalculation regulated?

Any person has the right to count on the opportunity to rest after 6 months of work. But there are certain categories of citizens who have the right to receive leave earlier.

There is no need to wait 6 months in accordance with Part 3 of Art. 122 Labor Code of the Russian Federation:

• women who request leave before or after maternity leave;
• boys and girls under 18 years of age;
• employees who adopted a baby under 3 months.

But the right to withhold is also limited. It cannot be carried out if the grounds for termination of the contract are:

• liquidation of the company;
• staff reductions;
• inability to continue working for medical reasons;
• conscription;
• change of ownership of company property.

Prospects for judicial protection of an employee dismissed during vacation

Courts, when considering whether it is possible to dismiss an employee while on vacation, are faced with the following requirements:

• about reinstatement at work;
• changing the date of dismissal;
• payment of compensation for the period of forced absence;
• making corrections to the work book;
• payment of compensation for moral damage.

The basis of the defense strategy will be proof that the employee was on vacation or was wrongfully recalled from it at the time the dismissal order was issued. After this, you can submit a request for reinstatement at work.

As a first step you need to:

• recognize the order to recall from vacation as invalid (see the appeal ruling of the Belgorod Regional Court dated July 2, 2013 No. 33-2385);
• admit the fact of being on vacation (see the decision of the Konakovo City Court of the Tver Region dated September 22, 2017 in case No. 2-1217).

***

The dismissal of an employee on vacation is regulated by the legislator quite strictly. Any violations of the established procedure or cases of pressure to force you to write a statement of your own free will can lead to reinstatement at work and payment of compensation for moral damage.

The Constitution of the Russian Federation, which is the main guarantor of the rights and freedoms of citizens, guarantees Russians the right to work and rest. The right to rest also includes vacation, that is, continuous rest for a working person while maintaining his job during this time. The right to vacation is guaranteed by part five of article thirty-seven of the Constitution of the Russian Federation.

Annual leave is provided to any categories of workers: seasonal, temporary, part-time workers and, of course, those working under an employment agreement. Leave is not granted only to citizens who work on the basis of contracts, such as contract agreements or assignments. All nuances of granting leave have been settled Labor Code RF, in article 121.

There are times when, while relaxing on your next vacation, circumstances develop in such a way that it is not possible to go back to work after its end (for example, a sudden illness loved one and the need to care for it), you urgently need to pay the company. The question arises: how does dismissal occur while on vacation, and in general, is it possible to write a resignation letter while on vacation? Whether work is required or not after the vacation ends.

It is important to note that you have the right to leave the company whenever you want, at any time. However, on the initiative of the head of the enterprise, you can be fired only after you return to work after completing your vacation. The only case when you can be fired while you are on vacation, without your desire, is the complete liquidation of the enterprise. In all other cases, dismissal will be considered illegal if you did not have an agreement on dismissal with your manager or you did not submit an application.

Dismissal at the end of vacation is divided into two types:

1. The first is when you, going on vacation, are already planning to quit. In this case, you immediately write that you are asking for annual leave from such and such a date, followed by dismissal. In this case, all documents and payments will be issued to you before you go on vacation.

2. The second type assumes that when you go on your next vacation, you plan to go back to work after it ends, but due to the current circumstances, it turns out that you need to leave the company. In such a situation, you have every right to write a letter of resignation from vacation. When there are more than two weeks left until the end of your vacation, you won’t have to work fourteen days; you should be given your paycheck and documents either immediately (if your boss doesn’t object) or 2 weeks after you submit your application.

It is also important to note that you do not have to come to the company to submit your resignation in person. In telephone mode, that is, agreeing over the phone that you will come later and write an application, is also not worth it. You can send your resignation letter by registered mail. with a valuable letter with notice. The date on which the application was submitted will be the date on which the letter is received (of which you will be notified).

Also, if the head of the enterprise does not sign the application, you can write it in two copies, register one copy with the secretary and leave it at the reception. You take the second copy, with the obligatory indication of the registration number, the date of application and the signature of the person who accepted the application. Most often, you will not need it anymore, but it may come in handy if you have to resolve a labor dispute in court (for example, you are fired, say, for absenteeism, allegedly you did not show up to work without a good reason).

Dismissal while on vacation does not depend on whether you have completed or not completed any work previously assigned, or for other reasons due to which management does not sign the application. No one has the right to prohibit or prevent you from resigning at any time, especially at your own request. The form in which the application for dismissal from vacation will be written does not have special significance, as well as the reason why you are leaving. The main thing is to indicate the basic data in the application:

• to whom are you submitting the application (full name of the manager and the name of your company, as well as the full name of the manager);
• from whom is the application (your passport details, position, residential address);
• the text part of the application in which you indicate your request to dismiss at your own request or by agreement of the parties and the date from which you request dismissal;
• Be sure to indicate the date when you write the application and put your personal signature.

In what cases is dismissal while on vacation allowed?

The question of whether you can be fired while you are on vacation cannot be answered unequivocally. On the initiative of the head of the enterprise for the fact that they can be fired in normal working life, this is impossible at a time when the employee is absent for a valid reason. Vacation is one of these reasons. Only if the company is completely liquidated will you be fired, regardless of whether you are on vacation or not. In other cases, your dismissal will be illegal if it is issued by order while you were on annual leave (regular or additional) or maternity leave.

If this happens, go to court. You will be reinstated at work. In addition, for days of forced absence, you will be paid monetary compensation. According to the eighty-first article of the Labor Code, if the initiative comes from you, it does not matter that at this time you are not working, but are on your next (or other) vacation, the employer has no right to refuse according to labor legislation.

To resolve sometimes controversial situations, in order to correctly dismiss an employee who is in at the moment on vacation, the manager must know the norms of labor laws. Dismissal without leaving vacation occurs when the exact wording is indicated in the application - vacation followed by dismissal. The last day you work is the day before the start of your vacation. There is no need to go back to work after your vacation.

If, due to current circumstances, the application is written during vacation, it all depends on how many more days of rest you have left. In the event that there are more than two weeks before the end of your legal vacation, after you submit the application, you are required to pay off a maximum of 2 weeks later (that is, without work).

Try to negotiate with the management of the company so that you are fired by agreement of the parties, which will also be correct from the point of view of the law and will allow you to be paid off without working off. The labor law does not say that this is the time you must be present at the workplace. The point is that you notify management of your dismissal and vacancy of the workplace.

If there are less than two weeks left before the end of the vacation, after submitting the application for payment, then at the discretion of the boss, you must work so many days after leaving vacation so that in total there are two weeks from the date of filing the application until your last working day. But this is if you were unable to reach an agreement with the head of the institution. Most often, the manager does not insist that the remaining days be worked, and counts immediately after the vacation.

Recall from leave due to dismissal is not justified and is not acceptable. In those situations where you applied for leave with subsequent dismissal, you should have been calculated and given your work book in your hands on the last working day before the leave. That is, your employment relationship with this company practically ended when you went on vacation with subsequent dismissal. Recall of an employee from vacation is possible only in emergency situations, according to the Labor Code, Article 125. In the list of situations when recall of a person on vacation is possible, specified in Art. 79. Labor Code of the Russian Federation, dismissal is not a reason for recall from vacation.

Is it possible not to work for two weeks if an employee is dismissed during vacation?

As noted above, dismissal during annual leave makes it possible to quit without working in cases where:

1. In your application you indicated leave followed by dismissal. Therefore, the question of whether it is necessary to work off when leaving after a vacation disappears as such. You will be fired the day before your vacation starts.
2. If the application is written while you are already on vacation, and there are still more than two weeks left before you are due to leave it.
3. In addition, the legislator has provided for special situations when two-week work is not necessary.

When quitting while on vacation, do you need to work for 2 weeks if, after submitting your resignation, there is, say, a week left until the end of the vacation? Here everything is decided at the discretion of the boss, and how you agree with him. In this case, the reason for dismissal will also be important. But in such situations you no longer need to work for 2 weeks, but as can be seen from the example, one week, the second week will be counted as the notice period after you submitted your resignation while still on vacation.

How to resign of your own free will while on vacation?

If you have planned to leave your company, and you still have vacation that you have not taken off, you can:

• write a letter of resignation of your own free will. In this case, after working two weeks, you will receive compensation for unused vacation along with the calculation.
• write an application for annual leave and dismissal after leave at your own request.

Resigning from a vacation at your own request is slightly different from resigning after a vacation. You will be paid two weeks after your resignation letter. It will depend on how many vacation days are left whether you still need to go out to work. You can find out how to correctly write a resignation letter while on vacation in the human resources department at the enterprise, or you can find a sample application on the Internet.

Can you be fired while on maternity leave?

If you are at home on maternity leave to care for a child, you can be fired in the same way as if you are on annual leave:

• if you have a desire;
• if your company is completely liquidated.

Calculation upon dismissal during vacation

If there is a need to resign while you are on your next vacation, without waiting for it to end, you will be recalculated for payment. The recalculation of vacation pay upon dismissal during vacation will include:

• compensation for all, if there are any unused, vacations for your entire work experience at this enterprise;
• compensation for those days of vacation that you practically did not complete, if you are fired before the vacation ends and you have a few days left that you should have rested.

Procedure for submitting documents for dismissal

If you are on vacation, apply for resignation during voluntary leave in one of the following ways:

• come to the enterprise and personally sign the application;
• write two copies of the application, register with the secretary, indicating the incoming registration number, the date when you submitted the application, the signature of the person who accepted the application from you, leave one copy at the reception, take the second one for yourself;
• Send the application, signed by yourself, by mail, always with notification. In this case, you will have proof in your hands that the application was delivered to the enterprise.

A sample letter of resignation while on vacation can be downloaded on the Internet. As we mentioned above, it is not particularly difficult to compose it. As in any application, you indicate to whom you are submitting the application, that is, the head of your enterprise (organization), write who the application is from (your personal data and position in your organization), and then - the text itself, in which you state the essence of the application, in in this case, a request to be fired.

If there are compelling reasons why you need payment immediately, without waiting until two weeks have passed after your notification of your desire to resign, they must be indicated in the application. For example, moving to live in another city. At the end of the application, be sure to indicate the date of writing and put a personal signature.