The legislation of the Russian Federation protects many human rights and interests, including the right to work and rest. Not to be mistaken with the choice of a profession, to find a job is everyone's personal business. If work for some reason has ceased to be satisfying, you should think about a vacation or take drastic measures and change it to a new one. But first you need to part with the former. How to quit without making mistakes? And if at the same time there is an unused vacation? One option is to go on another vacation with subsequent dismissal.
Who can take a vacation, and then immediately quit?
Article 127 of the Labor Code of Russia guarantees every employee who works both under fixed-term and fixed-term employment contracts the right to leave on vacation with subsequent dismissal. The only condition is his lack of guilty actions. These include: repeated dishonest performance or gross violation of official duties, absenteeism without good reason, embezzlement, coming to work under the dope of alcoholic, toxic, narcotic substances, etc.
If the employee expires in a documented employment relationship, he is entitled to request a vacation with subsequent dismissal, even if he falls outside the contract term. Dismissal after vacation has one nuance: the vacation period in the experience on general terms will not be included. For whom this moment is important, it makes sense to send the employer a letter of resignation, being already on vacation.
Will provide or not?
When the representative of the employer receives an application for leave with subsequent dismissal (the sample will be described below), he has the right to coordinate it. The Federal Service for Labor and Employment (letter of December 24, 2007 N 5277-6-1) explains that this is only his right, and not an absolute obligation. In cases where an employee is required at the workplace, he may be denied the provision of rest days. The employer's refusal will be unauthorized if a person goes on vacation in accordance with the approved schedule. In general, it’s a troublesome procedure for a representative of the employer to take a leave of work with the subsequent dismissal. It is easier to give the employee the opportunity to work out the deadline set by the letter of the law and compensate for the vacation in cash.
Does the rule of law stipulate the timeframe for submitting an appropriate vacation application and the timeframe for leaving?
At any time, a person has the right to send a vacation application to the representative of the employer with subsequent dismissal. In this case, it is not necessary to comply with the approved vacation schedule. If the decision to leave coincided with the rest according to the document determining the vacation order of employees, an application for vacation is not required.
According to the Labor Code of the Russian Federation, the dismissal of an employee (in the absence of guilty acts) may occur on his own initiative (with his voluntary expression of will) or by agreement of the parties. At the same time, the employer should be notified in advance of the intention to leave, at least two weeks in advance. The start of the calculation of the two-week period will begin on the second day after the submission of the corresponding application. At the same time, the employee has the right to express a desire to take a vacation laid off to him.
If the parties have agreed, the employment relationship may be terminated ahead of schedule by agreement of the parties, without waiting for the end of the working-out period. It is possible to spend unused vacation time upon dismissal, for example, in cases of staff reduction, change of ownership of the organization, having the appropriate notice of reduction in hand. The presence of circumstances arising, whether it is the time of retirement age and the desire to go on a well-deserved rest, full-time admission to an educational organization or violation of labor law by the employer, also serves as the basis for the possibility of using vacation. In this case, the employee has the right to specify in the application the date of dismissal without practicing, but it may be necessary to confirm the fact of the circumstances that served as the reason for the decision to leave, for example, a copy of the order or a certificate of admission to the university.
Where to begin?
Before applying, a person must understand exactly how many non-scheduled days of rest he is entitled to at the start of the vacation. This information will be prompted in the personnel department. You can take not all non-scheduled days, but only a part. If an employee has been in the organization for more than six months, but has not yet worked for a working year, he is entitled to a full-fledged annual basic paid four-week vacation. But only the actual time worked, which is calculated in months, will be subject to payment: less than half a month is not counted, more than half is rounded to the full.
To terminate a documented employment relationship on his own initiative, an employee must prepare two documents for management:
- an application for leave with subsequent dismissal (a sample is attached below), which sets the terms and duration;
- a letter of resignation, which indicates the reason (at will) and the timing of departure.
If we are talking about the agreement of the parties, then again we are preparing an application for leave with subsequent dismissal (the sample is the same as in the case of leaving on our own), and the employer - an agreement on termination of employment.
In order to avoid misunderstandings, it makes sense to take a receipt in the receipt of applications by the employer. You can limit yourself to a mark in their receipt, affixed to copies or second copies.
Application for leave with subsequent dismissal: sample, structure
Although the application is written arbitrarily, with one's own hand or typed in hard copy on a PC, it has a certain structure, like any other similar official appeal of a citizen. The recipient and the applicant are indicated in the upper right corner of the appeal. The addressee is the leader: here his position, organization name, surname, initials (in the dative case) are important; the applicant is the compiler of the appeal: his position, surname and initials (in the dative case) are enough. The body of the application must contain a request for days of rest, start and end dates, and the total duration. Mandatory: mark “with subsequent dismissal”, signature and date.
To the head of LLC Investcom
Ivanov I.I.
sales specialist
Sidorova T. T.
Statement
Please provide annual basic paid leave from April 2, 2015 with a duration of 14 calendar days, followed by dismissal at will.
March 18, 2015 / T. T. Sidorov / Signature
The structure of the letter of resignation will be similar.
To the head of LLC Investcom
Ivanov I.I.
sales specialist
Sidorova T. T.
Statement
Please dismiss me of my own free will on April 15, 2015.
March 18, 2015 / T. T. Sidorov / Signature
Applications for leave and dismissal have been submitted. What's next?
If the employer has signed both applications, then all necessary procedures for the correct documentation and financial calculation should be followed. The first thing that needs to be prepared is orders according to the approved unified forms: on granting leave and on dismissal, with which the employee becomes acquainted with the signature. On the basis of the signed orders, vacation is prepared and calculated, followed by dismissal. It includes two components: vacation pay and the employee’s balance of cash payments. These include: salary, bonuses, vacation compensation upon dismissal. Therefore, for bookkeeping, it is important to have reference documents prepared by the personnel department indicating how many days a person will be on vacation, and what part of it will be necessary to pay compensation.
Pun
According to the Labor Code of the Russian Federation, dismissal in our case is carried out on the final day of vacation. The termination of the employment contract will be dated to the last day a person is at work. For us, this is the day that precedes the start of the vacation.
Payment terms and labor issuance
As for vacation pay, then, following the general rule, bookkeeping must be calculated and managed to be transferred (handed over) to an employee three days before he goes on vacation. The work book and the final settlement due in connection with leaving work, including compensation for leave upon dismissal remaining unused, should be made on the last working day, since the person will not return to work from vacation. If necessary, the employee is entitled to receive other documents, including copies thereof, certified in the manner prescribed by law, related to work. It is imperative that the accounting department receives a certificate in the form of 2-NDFL for the last two years for the probable payment of the sick leave at a new place of work.
Dismissal after vacation: labor not received on time
What to do if a person’s last working day falls on a weekend or holiday. Perhaps, on this day, the employee was not at work, was on a business trip and was not able to receive documents and calculations. Since it is impossible to hand labor ahead of schedule, documents and money must be issued on the first working day after the weekend, holiday, or last working day of the employee who is leaving. Although in this situation, a person is already on vacation. To do this, a notification letter should be sent to the employee with a request to come up and get a labor and payment at the place of work or to coordinate the possibility of sending it by labor mail (if the calculation is transferred to a bank account). This notice will serve as the basis for the removal of liability from the employer for failure to comply with the terms of delivery of the work book. Upon written request, a laid-off worker should be handed over within three business days.
Changed my mind about quitting
If the plans have changed, the employee has the right to withdraw the letter of resignation before leaving on vacation in the event that another employee has not yet been invited to replace him. But, already on vacation, he has no right to turn back the clock and refuse the decision. Turning to the employer with this request, the employee will be refused. If a person’s decision to continue employment at the previous place of work is approved, it will be necessary to annul the documented leave followed by dismissal. Compensation of funds paid is subject to recalculation and withholding. The corresponding entry on the invalidity of the decision is entered into the labor.
Sick on vacation
If a person falls ill on vacation with dismissal, he is entitled to the payment of sickness benefits. He was forbidden to extend the vacation by the number of days of temporary incapacity for work previously mentioned by the FSTZ.