How to quit voluntarily while on vacation

Can an employee be fired while on vacation?

In these circumstances, the employer has the right to terminate the TD only with the consent of the subordinate . This may be his personal initiative or an agreement between the parties.

An employer does not have the right to fire a subordinate during vacation , even if he committed theft , was laid off , etc. An employee can be fired on the condition that the enterprise is subject to complete liquidation . But even in these circumstances, management must adhere to standard procedure.

Important! Similar rules apply not only to annual leave, but also to parental leave or sick leave.

Termination of the employment relationship between an employer and an employee on vacation is permitted:

• at the request of the employee (Article 80 of the Labor Code of the Russian Federation);
• in case of agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
• upon liquidation of a company (Article 77, Article 81 of the Labor Code of the Russian Federation).

Labor legislation limits the employer's rights in matters of dismissal when a subordinate is on vacation.

Maternity leave

Many women worry that they may lose their jobs during maternity leave, because no one wants to look for a new job later with a small child.
There is no need to panic here, since the law protects the woman in this case. Dismissal of an employee is possible only at his own request, but not at the initiative of the employer. A woman can write a statement herself during her maternity leave and no longer go to work. In some cases, employers take advantage of this and try to force the employee to quit. Sometimes such situations reach the courts. In order to resign during maternity leave, you must obtain a written agreement with the company where the employee works, or send your resignation letter to the employer by mail. It is worth noting here that being on maternity leave completely frees the employee from the need to work the required two-week period.

Dismissal during vacation at your own request

An employee can contact his superiors with the initiative to terminate the contract and formalize his dismissal during vacation at his own request. This happens according to established rules. First, the initiator draws up a letter of resignation during vacation .

The statement states:

• Full name, position of manager, personal data;
• a request to resign at your own request (the reason may not be specified, but the date of resignation must be specified);
• signature, date of registration.

Two copies will be required so that on one of them the employer confirms receipt of the application. If the document is sent by mail , then only by registered mail with notification . Otherwise, it will subsequently be difficult to prove an appeal to the authorities with a statement about termination of the employment relationship.

It is the compiler's responsibility to meet deadlines. There must be at least 2 weeks until the day you leave work . This time is primarily important for the employer, who will have to urgently look for a replacement for the departed specialist.

Attention! Managers, coaches, athletes inform their superiors about their decision no later than 1 month in advance.

Submission of documents

If a person decides to quit his job during his vacation, he needs to know some nuances. The resignation letter is sent to the physical address of the company. Sometimes it happens that the actual address of the enterprise and the physical one do not match. To be on the safe side, you should send the letter in duplicate to each address, then it will definitely reach where it is needed. You should also ensure that the employee receives a report indicating that the letter was received. In this way, you can avoid deception, because the employer can say that he simply did not receive anything.

By the way, the employer does not have to sign the application. You just need to put a date stamp on the employee’s copy. This is done without fail, because the period of 14 days is counted from that very date. If it is not marked, then this action may be considered a violation of the Labor Code of the Russian Federation. This nuance must be taken especially carefully.

The Labor Code clearly states that an employee can terminate the contract with the company in which he works at any time, and the employer cannot refuse him. The only condition is that you must give notice of your departure two weeks in advance. Under no circumstances may an employer retain an employee in the workplace. He must give him all work documents, as well as the required wages, without any delays.

There is no need to be afraid that you will be refused a job while you are on vacation. This is the legal right of any employee, and is controlled by the Labor Code of the Russian Federation.

Dismissal during vacation at one's own request without working off

Many people are interested in whether it is possible to resign during vacation without 14 days of work - in this case, certain circumstances must be taken into account. In practice, whether there will be actual work is decided by the employer . He can force a subordinate to fulfill an obligation. But if the employee is on legal leave, he has an advantage.

The employee has the right to use the remaining days of rest for his work . And set the day of your dismissal the day of your actual return to the workplace . This is possible if the subordinate has enough days off left. If there are less than 14, then it all depends on the boss. He has the right to force the employee to go out to work the remaining days, but he may not do this.

Some employees, having decided to formally resign of their own free will during vacation, write a statement requesting it on a completely legal basis. They then use this time as detention. But the law does not establish the employer's obligation to satisfy such a request . Therefore, this issue is decided exclusively by the boss.

Reference! The countdown of 2 weeks of work begins on the day following the day the manager received the application.

Issuance of a work book

The employee is required to issue a work book, as well as settlement payments, on the last working day.

If the application was submitted before going on vacation, then the procedure provides that the employee is given everything on the last day before the vacation. That is, formally the vacation period is considered a working period and is included in the length of service, but in fact, even before it begins, the employee will already have all the documents in his hands. At the same time, an entry is made in the work book that the last working day is the last day of vacation.

If a person wrote an application while on vacation, then (if he does not need to work off and just the vacation is included in the work) the documents will be issued to him on the first day after the end of the vacation. You must understand that this day will not be the last day for the person resigning - the employee will simply need to come to the enterprise on this day and pick up documents.

Refusal to issue documents is a gross violation that entails sanctions for the manager. If this has happened, you must contact the Labor Inspectorate, the prosecutor's office or the court. You need to understand that it is the court that has the right to forcibly collect something from the enterprise, so it would be safer to go there straight away so as not to waste time.

Usually a person is given a dismissal order and a work book. But at the same time, if he expresses a desire to receive other documents, they must also be issued to him. This includes various orders for appointment, promotion, and assignment of a separate category or rank.

Sometimes it is possible that the employee did not do this, then the employer sends an official notification demanding that the work book be taken away. If the employee does not do this, the documents are sent by registered mail.

How is dismissal formalized?

Quitting work while on vacation is easy. to fill out the application correctly and make sure that it is accepted. Timing must also be taken into account , but in practice everything is individual. If the company doesn’t accept working hours, then you don’t have to worry. It’s another matter if the resigning employee is a financially responsible person.

After management receives the application, an order in form T-8 . It is the basis for the personnel department employees to begin processing documents, and for the accounting department to start making calculations. By law, payment calculations include:

• wages (Article 127 of the Labor Code of the Russian Federation);
• vacation days that the employee did not take advantage of (Article 140 of the Labor Code of the Russian Federation);
• various other payments.

The employee receives the money along with documents indicated in the application as the last working day. The employer has no right to delay the payment or provision of the work book.

The last day of work may be the day before going on vacation. This rule is used if the parties have decided in advance on the issue of dismissal. And vacation is often needed only as work.

Dismissal on vacation is often used by agreement of the parties. This is a very vague concept, which also includes dismissal at the initiative of management. But in this case, the employee has the right to count on good compensation.

The initiator of termination of the employment relationship can be any of the participants . Art. 78 of the Labor Code of the Russian Federation guarantees that such dismissal is possible during the employee’s vacation. The proposal can be made by the initiator either orally or in writing. But if the other party accepts it positively, an agreement is concluded.

In it, the employer and subordinate determine the conditions for terminating the employment contract. An employee can also submit a standard application, but this is not mandatory. Based on the agreement, the manager issues an official order (Form T-8).

The standard agreement of the parties includes the following points:

• the fact of a mutual desire to terminate the employment relationship;
• contract details;
• the date on which the contract is terminated;
• conditions for the provision of severance pay and other payments (salaries);
• the procedure for transferring affairs to a successor.

Each party must receive its own copy of the agreement. In this case, work is required . As for compensation, in practice it can only be obtained if the initiator of the agreement is the employer. The employee does not have the right to withdraw the application and remain in his place.

The document must indicate the date of dismissal . Only after its occurrence does the subordinate have the right to stop working. If by this time he has returned from vacation, he is obliged to work until the specified day. Even one absence will be regarded as absenteeism, for which the subordinate will subsequently be fired.

If the person is still on leave and termination date already arrived , this will not affect the terms of the agreement in . But the employee can pick up his documents and payment after returning from vacation.

Important! By agreement of the parties, a minor employee or a pregnant employee can be dismissed.

The employer has the right to initiate dismissal during vacation in the case when it comes to liquidation of the enterprise . From a legal point of view, this is regarded as a force majeure circumstance. Liquidation of a legal entity means complete cessation of activity . Often this involves the sale of property. Therefore, dismissal in this case is inevitable for everyone. But labor legislation tries to respect the interests of workers.

According to the general rules, all employees of the enterprise receive appropriate notifications 2 months before liquidation (Article 180 of the Labor Code of the Russian Federation). This information is also sent to the employment center.

a fixed-term contract was concluded with a validity period of up to 2 months , then the notice of dismissal due to liquidation must be sent 3 days in advance . If the employee was hired to perform seasonal work , then notice is sent 7 days in advance .

The rest of the procedure is carried out as standard:

1. The employer issues an order in the T-8 form for all employees.
2. All payments are calculated based on the order.
3. Subordinates are issued a TC. They also receive a settlement.

In addition to standard payments (salaries, vacation compensation), subordinates have the right to count on benefits . It is calculated separately , and the amount cannot exceed the person’s for 2 months .

Concept of leave with aftercare

Leave with subsequent resignation is a leave before which the employee notified the employer of his desire to resign. The time spent on rest, in this case, should be considered work.

The law does not define what a citizen must do after notifying the employer of his intention to terminate the employment relationship. The only important thing is the fact that the deadline is met - 2 weeks. Therefore, instead of working, the employee can exercise his right to rest.

Allowing an employee to go on vacation instead of working off upon dismissal is the employer’s right, not his obligation. He also has the legal right to refuse to provide the employee with such an opportunity.

This usually happens in the following cases:

1. If the employee intends to take a vacation earlier than the date provided for by the approved schedule.
2. The employee intended to take extraordinary leave.
3. If the employee has already used his right to rest.

In the event that vacation is included in the approved schedule in advance, they have no right to refuse it.

If an employee's request for leave is rejected, he can exercise his right to social holidays. Is leave without pay included in the service upon dismissal? Yes, the employer will have to count this time as working time.

Leave for personal reasons is required to be provided to the following categories of employees:

• persons who took part in the Second World War (Great Patriotic War) are entitled to up to 35 calendar days of rest;
• for citizens who continued to work after retirement, they can take advantage of the right to 14 calendar days of vacation per year;
• close relatives (parents and spouses) of government employees who died as a result of their professional duties - 2 weeks;
• persons with a confirmed disability group can take up to 60 calendar days a year.

Also, leave of up to five calendar days must be granted to the employee for family reasons. These include the birth of a child, marriage registration or death of close relatives.

Employee calculation

Before dismissing an employee who is on vacation, the company administration must calculate the funds due to the worker. The total amount includes bonuses and compensation payments, as well as other types of funds due to the employee according to the employment contract. Funds can be transferred to a card belonging to the worker or issued on the day of payment of wages to personnel. This procedure is enshrined in the one hundred and fortieth article of the Labor legislation. In the event that the employee was unable to come for the money, the payment is made on the day when he comes for the documents.

If conflicts arise regarding this issue, the parties may file a claim in court. The duration of the period intended for this purpose is one month. Going to court allows employees to protect themselves from illegal actions on the part of management . It should also be noted that in some circumstances, the company administration may deduct part of the funds from the amount due to the employee. An example of such a situation is receiving vacation in the form of an “advance”. In addition, there are a number of situations in which an employer cannot withhold funds from payments to an employee, even if there are compelling reasons. According to the Labor Code, the deduction of funds is prohibited in the following cases:

1. The worker refuses to be transferred to a new position due to poor physical health.
2. The owner of the business started the process of liquidating the company.
3. The owner of the business launched a procedure for reducing the company's staff.
4. The worker was called up for military service.
5. There was a change of general director.

Company management should carefully examine all circumstances in which withholding funds is considered an offense. Otherwise, control authorities may impose penalties. In cases where the reason for dismissal is the employee’s personal initiative, laws allow monetary deductions in the amount of twenty percent of the established salary. The procedure for completing this procedure is enshrined in the one hundred and thirty-eighth article of the Labor Code.

An employer cannot terminate the employment relationship with its subordinates based on Part 6 of Art. 81 TK