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

You can quit before your vacation

Leaving a position by an employee before a well-deserved rest period is not prohibited by law. Termination of the industrial relationship occurs two weeks from the date of submission of the resignation letter, or the date indicated by the employee in the submitted application.

It should be noted that the employer is obliged to terminate the agreement on the specified date when the employee is unable to continue working. The reason may be enrollment in a university, retirement, etc.

The management of the enterprise has the right to decide on the need for an employee to work, which, according to the law, is 14 days.

Important

If an employee is on a probationary period, he must notify the employer of his dismissal 3 days in advance.

Important

The employer can replace unused vacation days with compensation for them. You can also use part of your vacation days for their intended purpose, and receive compensation for the remaining days. This is described in detail in the letter of Rostrud No. 5277 6-1 dated December 24, 2007.

Thus, an employee can receive the desired leave before looking for a new job only by mutual agreement with management.

There are other holidays:

1. Dismissal before maternity leave The law allows termination of employment before maternity leave. In case of legal grounds (initiative of the employee), the employee has the right to social benefits. (Read more here).
2. Release from position before parental leave for up to 1.5 years. As in the case of maternity leave, a woman’s dismissal before maternity leave is permitted, only subject to her consent. You also need to contact the Social Insurance Fund office for benefits.

General provisions

An employee planning to leave the company probably more than once wonders whether it is possible to write a letter of resignation before going on vacation, and how to competently carry out such a procedure. There are several clarifications regarding the implementation of the procedure for leave with further departure from the position. Leave is granted to an employee if he first sends written notice to management of his upcoming resignation. In this case, the last working day will be considered the final day of vacation.

Management may refuse if the schedule does not indicate annual leave at a specific time of year, and the employee asked to be fired before the vacation, without rescheduling it. If the schedule has been drawn up in advance and the employee has expressed a desire to leave work before rest, then the employer does not have the right to refuse him this.

Situations are not excluded and not uncommon when an employee at the last moment changes his decision and withdraws his resignation before the start of his vacation. Such cases are permissible and permitted by labor legislation, but only if a new employee has not been hired for this position.

An employee may resign on the eve of a vacation. In this case, there are two possible solutions to the current situation:

1. The employee decided to leave the company of his own free will, while on annual leave.
2. The employee has decided to resign, but he wants to use his legal paid leave before leaving. Many employees use this trick to quit and not work the required 14 days.

From this we can conclude that depending on the moment the employee makes the decision, the dismissal procedure will differ significantly.
Most often, a resignation letter is submitted by the dismissed employee 14 days before the intended leave. Whether it is necessary to work 2 weeks upon dismissal before going on vacation is decided by the employee together with the employer. If an application is submitted while on vacation, two weeks are counted from the moment management received the employee’s written notice of resignation. According to labor law, a resignation letter during vacation is no different from a regular dismissal, which is why the two-week period is considered in the usual manner - the day after management receives the application.

Is it possible to withdraw an application?

According to the general established rules, an employee must submit an application with a request to dismiss at his own request two weeks in advance. During this period, the organization begins to look for a replacement for him. But if the employee changes his mind about leaving, he is allowed to revoke the document; for this, an additional application for revocation is submitted.

Important

There is no need to explain the reason for the review; it is enough to use a neutral phrase - circumstances have changed.

But there are some nuances to this process. If a new one was invited in writing to replace the departing employee, then the withdrawal of the application will be rejected.

Read more: “Withdraw your resignation letter.”

Dismissal procedure

The process of terminating an employment agreement before voluntary leave is no different from standard dismissal:

1. First of all, the employee must write a statement to the employer. A document is drawn up for the head of the company with a request to terminate the employment relationship.
2. After this, you need to wait for management’s response to the submitted petition.
3. The Labor Code regulates the period of 14 days that an employee is required to work (except for previously agreed cases).
4. Next, the manager issues an order to terminate the agreement. The order is issued on the day of dismissal.
5. The employee must familiarize himself with the dismissal order.
6. Termination of the agreement is formalized on the same day or postponed to a date specified by the applicant.
7. After this, the employee signs a notice of familiarization with the order, transfers the files and receives a payment, work book and certificates.

The legislative framework

As in all other cases, leaving at your own request before legal rest is regulated by Articles 77 and 127 of the Labor Code of the Russian Federation. In accordance with these standards, the employee is obliged to notify his employer of the upcoming dismissal at least half a month before the expected departure. The right is granted by current legislation to any employee who has an official labor relationship with the employer. You can exercise your right by using annual leave or receive financial compensation for it if it is not used.

If the employee terminated the employment agreement, but did not use the vacation, the law obliges the manager to compensate for the unused vacation for each day. In this case, the HR and accounting departments carry out the following actions:

• an accurate calculation is made of the days the employee is entitled to as vacation before dismissal;
• after this, the employee’s full length of service is calculated;
• the number of days that should be provided to a person as legal leave is calculated;
• days already used as annual leave are counted. The remaining days will be considered unused.

Compensation for unused vacation is calculated using the following formula: the number of unused days is multiplied by the average earnings of the dismissed person.

If, during the dismissal procedure, it turns out that the employee spent more vacation days than provided for in the schedule, then the corresponding amount will be withheld from the calculated payments.
At the same time, the employer has the right to recover from the employee for unworked time. If a person quits because the enterprise is being liquidated, or he is called up for military service, then these amounts will not be recovered from him. Deductions made by the employer should not exceed 20% of the payments due to him, after deducting personal income tax. If the amount to be withheld is more than the allowable portion, the dismissed person can return the entire amount, but only on his own initiative. Labor legislation prohibits the employer from demanding the balance of the debt in court. Usually, all settlements between the organization and the dismissed person are carried out on the last working day, which is also the day of dismissal. But in cases of leaving a position before or during a vacation, things are somewhat different.

The law insists that all settlements be made with the dismissed employee before he goes on vacation. The rationale for this is as follows: as soon as the vacation ends, there will be no obligations left between the employee and the manager, which will provoke difficulties between the parties. Therefore, all payments are made immediately before the person leaves, followed by the provision of a work book and other documentation to be issued to the dismissed person.

The employee must notify the employer in writing within 14 days of the decision to resign from the company during the vacation. In the case where the vacation time is more than 14 days, after the vacation the employee comes to work only to receive settlement payments and receive documents belonging to him.

Is work needed?

The procedure for release from duty before leave requires the usual two weeks of work. But subject to an agreement with management, this period can be reduced.

In addition, it is possible to resign on the date specified in the application to citizens:

• Those retiring;
• In case of enrollment in an educational institution;
• Moving to a new place of residence (details here);
• When it is impossible to continue working due to health reasons;
• Other reasons causing the inability to continue working.

Then you need to fill out an application indicating the specific reason and attach the necessary supporting documents.

Article 127 of the Labor Code of the Russian Federation allows an employee to go on an annual vacation period with a further severance of labor relations. In such a situation, the period of rest will be counted as work before leaving. But the company management has the opportunity to refuse the request and oblige the employee to undergo two weeks of work, and compensate unused vacation days financially. The issue is completely regulated by agreement of the parties.

Important

The only situation that will allow an employee to go on vacation and not return to the former employer is the annual scheduled vacation period.

The procedure for dismissal at the request of an employee while he is on annual leave is not prohibited by law. The employment agreement is terminated two weeks from the date of filing the application or within the period specified in the application (if there is a valid reason for dismissal). The period established by Article 80 Part 1 of the Labor Code is defined as the period required by the employer to find a replacement for the employee.

It will also not be possible to recall him from vacation, since for this, according to Article 125 Part 2 of the Labor Code of the Russian Federation, the employee’s consent is required. Therefore, the law does not provide for the need for an employee to work for any period during such dismissal.

Some categories of citizens fall into the exception and can resign without mandatory service: managers, athletes, coaches, seasonal employees.

When should I inform about my decision?

According to Part 1 of Article 80, employees are notified of their intention to quit 14 days in advance. During vacation, this rule also applies. That is, 2 weeks before the end of the leave as needed, you can submit an application. If the application is submitted later, the missing days may be asked to be worked out.

We have provided recommendations on how to easily go on vacation followed by dismissal here, and from this article you will learn how to correctly process such a dismissal.

Payments

Among the payments that are due upon dismissal before vacation:

1. Compensation for lost vacation days.
2. The salary due to him.
3. Other payments that are due to the employee in accordance with internal regulations.

Funds for payment to an employee can be kept at the enterprise’s cash desk for no more than five days, this procedure is provided for in paragraph 8 of paragraph 2 of paragraph 6.5 of the instructions of the Bank of the Russian Federation dated March 11, 2004 No. 3210-U.

For your information

According to Art. 392 of the Labor Code of the Russian Federation, an employee has the right to file a claim in court within three months from the moment he was notified of a violation of his rights. According to International Labor Organization Convention No. 132, it is possible to recover compensation payments for rest days within a period of 18 months. Therefore, you can demand compensation only within three months from the end of the eighteen-month period.

Entry in the work book

In a situation where the contract is broken, before the vacation, entries in the work book are made in accordance with the standards of the regulations. It does not depend on the availability of vacation before the date of dismissal. The content of the entry may vary only depending on the grounds for dismissal. Therefore, the book states “dismissal at the initiative of the employee,” which corresponds to Article 77, paragraph 3, part 1 of the Labor Code of the Russian Federation.

This type of termination of an employment agreement is considered abnormal in most situations. The following information must be indicated in the employment form:

• Record serial number;
• Date of dismissal (end date of the employment agreement);
• Reason for dismissal (at will);
• Name of the document that serves as the basis for dismissal (number and date of the order);
• A round seal that will certify the authenticity of the recording.

Nuances

If an employee falls ill during vacation time, the date of his departure from his position remains the same. But the employer pays sick leave within the period established by law.

When the date of departure falls on a weekend or holiday, the date of leaving the position is considered to be the previous day. In this case, it is necessary to pay and issue the necessary documents on the last day of work before going on vacation.

For example, if the last day of vacation falls on April 22, and this is Sunday. Then you need to fire on the 22nd, but pay the employee before he leaves for the rest period.

It must be remembered that the employee has the right to withdraw the submitted application before the start of his vacation period.

Application submitted before vacation

The right to use vacation before dismissal is provided for in Part 2 of Art. 127 Labor Code of the Russian Federation. And here several options for the development of the scenario are possible.

The first case is when the decision to quit has matured quite a long time ago. If the employer does not object, the employee writes an application for leave with subsequent dismissal.

Vacation pay, according to Art. 136 of the Labor Code of the Russian Federation, the accounting department accrues payments no later than three days before the start of the vacation, but the employee will receive the final payment and work book only on the last day before the vacation. The official moment of separation, recorded in the work book, will be considered the calendar date of the end of the vacation.

If the employee's leave is shorter than the notice period, the employer can accommodate and dismiss the employee before two weeks' notice. Otherwise, the employee has options: work first, and only then take off unused vacation days, or go on vacation, and then go to work for the remaining days. In the latter case, he will receive the final payment and work book as usual - on the last day of work.

It should be recalled that the employer is not obliged to provide leave followed by dismissal. In such a situation, allowing leave is the good will of the manager.