Dismissal after compensatory leave. Dismissal during vacation at one's own request without working off

Leave is guaranteed by the Constitution. The Basic Law also guarantees the human right to work, free choice of profession and field of activity. Both of these rights are inalienable. They are the grounds for making it easy in practice to get guaranteed leave and subsequently quit. In reality, the course of events is significantly influenced by labor law standards. Below we will look at examples of whether it is possible to quit after a vacation in each specific case.

Dismissal at will and guaranteed annual leave

Article 19 Labor Code The Russian Federation guarantees the preservation of salary and position during annual leave. Thus, during vacation, an employee does not have the right to be demoted, have his salary reduced, or be fired. If an employee falls ill during vacation, the vacation period is extended for the duration of the illness.

The exception is the initiative of the employee. He can either voluntarily return from vacation to work at the request of the employer, or apply for termination of the employment contract directly during the vacation period.

When it is impossible to get vacation before dismissal

The law allows not to provide leave before dismissal to employees whose dismissal is due to gross violations of labor law. In particular, reasons for dismissal for which leave is not granted include:

• Providing false documents during employment;
• Gross violation of labor relations, failure to fulfill official obligations;
• Absenteeism;
• Being at work under the influence of drugs or alcohol;
  Theft or damage to material assets;
• Disclosure of corporate (state, commercial) secrets;
• Creating situations that may threaten the health of employees or company property;
• Etc.

Important: The exception is situations in which the dismissal date falls during the vacation period included in the vacation schedule.

General procedure for determining vacation pay upon dismissal

In case of dismissal, the employee must receive:

• Compensation for the rest time required by law;
• Vacation followed by dismissal.

If the employee did not commit gross violations labor discipline, it is allowed to dismiss him after he receives legally guaranteed leave. This procedure is carried out at the request of management. The law does not limit the employer from refusing this option.

For dismissals after vacation the subordinate makes the following appeals:

1) Letter of resignation (indicating the reasons for termination of cooperation and the date);

2) Application for leave (indicating the duration of the leave, its start and end date).

If dismissal occurs by agreement of the parties, without an application, the application for leave is attached to the agreement of the parties.

If dismissal occurs due to staff reduction, then the statement is attached to the notice of consent to dismissal.

The employer signs 2 orders:

1. About vacation;

2. About dismissal.

If you need help with your applications, contact !

What is the best way to quit while on vacation?

An employer cannot fire an employee who is on vacation. However, the employee has the right to resign himself while on vacation.

Letter of resignation for at will submitted 2 weeks before dismissal. However, the law does not prohibit filing an application while on vacation. Those. if an employee received a 28-day vacation and sent a resignation letter to the company on the 14th day, then by the end of the vacation he can be fired without the need to work.

In this case, the procedure is as follows:

1) While on vacation, the employee writes a letter of resignation of his own free will. Guides him by registered mail and receives notification of delivery.

2) The employer prepares the final payment and documents ( work book).

3) The employee receives a notification from the employer that he needs to appear at his place of work to collect his work permit or receive a work book by mail.

4) The subordinate receives his documents in a way convenient for him.

Important: If the employer does not send the documents to the subordinate within the prescribed period, he may recover compensation from him in the amount of the average salary for the late delivery of documents. Therefore, the employer is obliged to send a notice that the employee needs to appear for documents!

Dismissal at the end of maternity leave

Employees who wish to resign at the end of maternity leave are entitled to the same rights as other employees. In this case, the employer’s rights are significantly limited.

The Labor Code indicates that pregnant women and mothers, in addition to labor relations and obligations, also have family ones. The Labor Code of the Russian Federation clearly states that a woman cannot be fired during maternity leave. In addition, they cannot be sent on business trips or transferred to another place of work.

Important: Pregnant women are provided annual holiday out of schedule or sequence. An application for leave must be granted upon request.

It is impossible to fire a woman during maternity leave by decision of the employer. But below we will look at situations in which a woman can quit after or during maternity leave:

Dismissal at your own request

Maternity leave, as well as maternity leave, presupposes complete freedom for women to choose when to leave. An application for resignation at your own request can be submitted before, after or during maternity leave.

Important: The resignation letter must be submitted in writing 14 days before the day of dismissal.

Dismissal at the initiative of management

The law strictly determines that leave followed by dismissal can occur solely on the initiative of a woman. Rights expectant mother in this case, it is protected by Article 261 of the Labor Code of the Russian Federation. Without legislative leverage, dishonest employers often persuade employees to write a statement of their own free will, threatening otherwise to dismiss them under the article.

Expectant mothers should know how to properly quit after a vacation, and remember that dismissal on the initiative of management is possible only if you agree with this initiative expectant mother. In this case, there are no other levers to terminate employment obligations.

Still have questions? Ask them the BPU of the Legal Services Exchange!

Dismissal after vacation at your own request carried out as part of the normal procedure. However, there are nuances, depending on when exactly the employee decided to stop labor relations 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 the required 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 on annual leave or immediately after it - the date of termination of the employment contract will be the day that follows the end of the 2-week notice period for 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;
• payments upon dismissal provided for by labor/ 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 payments stipulated by agreement with the employer in the employment contract (collective agreement). 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:

1. 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.
2. 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 take the place of 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.

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.

Article 127 of the Labor Code of the Russian Federation talks 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 time 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: an order for registration of leave and an 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.

The employee receives a work book, payroll and other necessary documents 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.

Labor legislation guarantees every employee the right to labor leave. Its timing and onset time are determined at each enterprise in advance using a special schedule. Let's figure out what to do in a situation where an employee wants to quit, but he has not yet used his legal leave.

Legal regulation

• It is normal to use your rest days with voluntary dismissal after your vacation. The number of rest days in this case is provided depending on the time worked in the company.
• Receive from employer cash payment c (the procedure is regulated by Article 126 of the Labor Code).

The employee himself offers the employer one of the options, however final decision accepted by the employer.

Step-by-step registration instructions

• The first step is for the employee to draw up a vacation and resignation letter.. It must be submitted in writing no later than 2 weeks before the holiday. The text of the application must include:
  1. Request for early leave for a certain number of days;
  2. Its start and end dates;
  3. Expressing a desire to quit after vacation.
• Consideration of the application by the employer. Based on its results, he either agrees with the employee’s proposal or decides to pay him compensation for leave upon dismissal. In the first case, 2 documents are required:
  1. An order for leave followed by dismissal. Filled out according to the established form No. T-6. It contains information about the employee and the start and end dates of the vacation.
  2. Order of dismissal form No. T-8. The date of dismissal is considered to be the day following last day vacation. The employee must be familiarized with the order.
• At the end of the vacation, the employee is given a work book with a record of dismissal.. On the same day, the final payment must be made to the employee. In some cases, employers may issue a work book to an employee before going on vacation.

If the employer refuses to provide an employee with leave before dismissal, the employee will have to work 2 weeks after submitting the application. After this period, the employer is obliged to terminate employment contract and pay compensation to the employee.

Entry in the work book

As a rule, entries in the work book about dismissal are made along with filling out a sample order for leave with subsequent dismissal. That is, the entire documentary procedure for dismissal occurs several days before the official date of termination of the employment relationship, before the employee goes on vacation. Thus, the law does not allow employees to withdraw their resignation letter if the vacation has already begun.

A regular notice of dismissal is drawn up in the labor report in accordance with the grounds provided for by the Labor Code without any indication of the use of vacation.

Features of leave followed by voluntary dismissal

In the event that the dismissal occurs after next vacation, the employee has the right not to work 2 weeks established by labor legislation. In this case, vacation days are included in working hours.

If an employee falls ill during vacation, the sick leave will be paid for by the employer. However, the leave in this case is not extended and the date of dismissal is not postponed.

A lawyer will tell you how to grant an employee leave followed by dismissal:

When is payment made for vacation followed by dismissal?

The timing of vacation pay is regulated by Article 136 of the Labor Code. In accordance with it, vacation pay must be issued to the employee no later than 3 days before the vacation.

The amount of vacation pay in accordance with Article 139 of the Labor Code depends on the average salary of the employee. can be done as follows:

1. The entire employee’s income in the organization for the last calendar year is summed up;
2. Sick leave and previously paid vacation pay are subtracted from the resulting figure;
3. The resulting number is divided by 12 (the number of months in a year) and 29.3 (the generally accepted coefficient for the number of days in a month);
4. The figure resulting from these calculations represents the average daily vacation pay. To determine the amount of vacation pay, it must be multiplied by the number of days of rest due to the employee.

It is worth noting that the final calculation, which will include wages, severance pay, other compensation payments provided for by law or the organization’s collective agreement will be received by the employee only on the day of dismissal. At the same time, a settlement occurs with the employee who did not use his right to leave before dismissal, but received compensation for it.

Any questions you may have can be asked to a lawyer in the comments to the article.

The legislation does not provide for the option of dismissing an employee on vacation at the initiative of the employer (Article 81 of the Labor Code, Part 6), with the exception of the liquidation of an operating organization or termination of the activities of an individual entrepreneur.

While on vacation, the initiative to quit can come from the employee and he has all the rights to do so. It turns out that if an employer wants to fire an employee who is on vacation, he is obliged to wait for him to return from vacation. The worker himself has the right to resign while on vacation, but the deadline for filing an application must be met.

Notice period

The Labor Code states that when resigning at his own request on a general basis, the employee must notify management about this fact in writing in advance, in this case two weeks before the desired date of departure (Article 80 of the Labor Code, Part 1).

Vacationers need to submit an application 14 days before the end of the vacation (the main thing is that the vacation is more than two weeks, otherwise after it you will have to stay at work until the end of the two-week notice period), during which time the employer must find a replacement for the vacant position.

According to the third part of Article 80 of the Labor Code, employment relationships can be terminated earlier than two weeks, i.e. the date indicated in the application by the employee, if he:

• retires (for the first time);
• enrolls in studies;
• agreed on the date of departure with management;
• when transferring the employee's spouse to work abroad, to another location;
• in case of violation of labor legislation by the employer.

Important! To ensure continuity of work, the employer may require the employee to “work” two weeks after the end of the vacation. Such actions on the part of management are unlawful.

We quit while already on vacation

Most likely, vacationers will not have the opportunity to personally bring their resignation letter to the HR department of their own free will. They can send it by registered mail. Then the starting date of the working period (14 days) is considered to be the next day after the employer receives this letter (Article 80 of the Labor Code, Part 1).

The latter is obliged to register the application in the journal of incoming documents and give it an incoming number. The official date of departure is the final day of the 2-week period of service, even if it falls during the vacation period. On this day, the employee is given a work book and full payment is made to him.

Note: The employer does not have the right to recall an employee from vacation on the day he receives his resignation letter, because at this moment the employee does not fulfill his job duties. Revocation occurs only with the consent of the worker (Article 125 of the Labor Code, Part 2).

Before the end of the work period, an employee on leave can withdraw his application at any time and return to his job. Dismissal in this case will not occur if another employee has not been invited in writing to fill the vacant position and who cannot be refused to conclude an employment contract (Article 80 of the Labor Code, Part 4). During the period of vacation followed by dismissal, you can pick up a resignation letter only before the day of the vacation.

Vacation followed by dismissal

An employee, at his own request, on a general basis, can simultaneously write two applications - one for dismissal, the other for vacation, i.e. You'll get rest followed by care. The employer has the right to refuse to provide an employee with leave with further dismissal; such an obligation is not assigned to him by law.

Rest followed by dismissal can only be obtained as a result of agreements with the manager; the employee’s initiative does not solve anything here.

If the boss has given his permission, then the date of dismissal will be the last day of vacation. Documents are issued and payments are made on the last day worked before going on vacation.

Vacation as an advance

Following the law, employers do not have the right to provide leave of a certain duration in proportion to the time worked. Only after 6 months a worker can use all 28 days of annual paid leave (Article 115 of the Labor Code, Article 122 of the Labor Code).

By agreement with management, the employee has the right to go on vacation before six months have passed since the conclusion of the employment contract (Article 122 of the Labor Code). The following categories of persons can do so upon request:

• those who adopted a child under 3 months of age;
• employees who are under 18 years of age;
• pregnant women before maternity leave, women after it.

Both newly arrived and existing employees fall under these categories, i.e. the employer is not insured against an employee going on vacation who has not yet received the necessary length of service for this (has not worked for half a year). Part-time employees are provided with annual paid vacation in parallel with vacation from their main job. If a worker in a secondary job has not earned 6 months or more of work experience, then he may be given leave in advance.

Annual paid vacations for the 2nd and subsequent years of service are provided according to the vacation schedule at any time of the year (Article 122 of the Labor Code).

Dismissal at your own request during the vacation period, which was provided in advance, is possible. Just from the amount due payments upon dismissal, excessively used vacation pay will be deducted (Article 137 of the Labor Code). Arrears of advance leave are withdrawn from the employee’s salary in the cases described in Article 137 of the Labor Code.

Important! On his own initiative, an employee has the right to terminate an employment contract while on vacation, regardless of what kind of vacation he is on, be it maternity leave or maternity leave.

Paperwork

The basis for going on vacation is a generally accepted order or a sample document independently developed by the company is used. Then they draw up a note-calculation (or arbitrary). An employee, on his own initiative, may submit a letter of resignation before the end of his vacation. If management is okay with this, then:

• the originally created vacation order and settlement note are cancelled;
• a new calculation note and an order for a new vacation are issued;
• An accompanying memo is drawn up.

Despite this, the law does not provide for the need to cancel the original order and create a new one in accordance with the new conditions.

So that the accountant has written reasons for recalculating vacation pay, it is better to draw up a new vacation order and, based on it, fill out the calculation note again. It would not be superfluous to create an accompanying memo.

The employee is required to submit a letter of resignation in writing, drawn up in accordance with the internal labor regulations forms. If not established sample, then the statement is written in any form, taking into account elementary rules office work.

Based on the application, a dismissal order is drawn up, which is handed over to the employee for review and signature.

Cash settlements

Difficulties for the employer arise when excess vacation pay is paid to the employee. The Labor Code limits the situations in which a debt can be collected from an employee. Debt retention is an employer's right, but not an obligation.

In cases where there is nothing to withhold the debt from, they forget about it or sue the debtor employee. Before taking measures to collect overpaid funds from your salary, it is worth familiarizing yourself with the grounds for dismissal, because some of them at the legal level do not give the employer the right to make deductions, namely:

• disappeared unknown, death of an employee or individual employer (Article 83 of the Labor Code);
• an emergency has occurred (war, catastrophe, calamity, etc.) (Article 83 of the Labor Code);
• the employee became professionally unsuitable according to medical conclusion (Article 83 of the Labor Code);
• the court or labor inspectorate reinstated the employee to his previous place or area of ​​work (Article 83 of the Labor Code);
• dismissal due to military or alternative civil service (Article 83 of the Labor Code);
• the owner of the company’s property has changed, this applies to the chief accountant, manager and his deputies (Article 81 of the Labor Code);
• liquidation of an organization’s activities or closure of an individual entrepreneur (Article 81 of the Labor Code);
• companies, individual entrepreneurs (Article 81 of the Labor Code);
• the employee refuses to transfer to a job that suits him according to a medical report, and the employer does not have such a job (Article 77 of the Labor Code).

For other reasons for dismissal not described above, a maximum of 20% of the salary is withdrawn from the debtor for each payment. The object of recovery of salary is taken minus personal income tax.

Compensation payments for unused vacation are calculated similarly to vacation pay. Together with them, the employee is paid a salary for the days worked in the month of dismissal and, if in a particular case it is provided for by labor legislation. Vacation is paid no later than three days before it begins, the basis is a vacation order.