Dismissal on the last day of vacation at your own request: how to fire an employee

Is it possible to resign at your own request while on vacation?

This issue is discussed in detail in Art. 80 Labor Code of the Russian Federation. An employee has the right to submit an application to the employer to resign at his own request during vacation. This must be done two weeks before the expected date. If the manager does not object, this period can be shortened if necessary (for example, if a citizen has found a new job and wants to start it as quickly as possible). The countdown begins the day after the manager signs the application. After two weeks, the citizen will be considered dismissed from the organization. For information on how to follow the procedure, read the article “Vacation followed by dismissal.” An entry about dismissal indicating the reason must be made in the employee’s book.

The employee can also send the application to the manager by mail, by registered mail. After receipt, it is certified and filed with the employee’s personal file. In this case, the notice period for termination of the employment contract will begin later. In some cases, this may be inconvenient for the person leaving (for example, if he wants to quickly find a new job).

According to Part 4 of Art. 127 Labor Code of the Russian Federation. an employee can withdraw his application before the start of his vacation if he changes his mind about leaving the company. They can refuse this only if another person has already been found to take his place.

When to write a letter of resignation on your own while on vacation

An employee who decides to quit during his next vacation must notify his boss about the dismissal: immediately or during the vacation. The date of final termination of the employment relationship is determined by the employer. At the will of the director, a subordinate can receive documents and final payment even on the day of submitting the application.

Important

The manager may allow the employee to go on vacation, which implies the final termination of the employment agreement, but is not obligated to do so.

There is no universal order for simultaneous registration of leave with subsequent dismissal, so a personnel specialist can draw up 2 documents or use a form approved by the head of the organization. The main condition is to indicate the mandatory details of the primary accounting document.

Notifying the employer before the start of the vacation allows the subordinate to spend his vacation usefully - to find a new place of employment. The result is a reduction in losses due to accelerated transition from one organization to another.

How are vacation pay and salary paid upon dismissal?

After signing the application, the employer issues a dismissal order. Then the calculation is made. It includes all payments due to a citizen:

salary for actual working days worked;

compensation for unused vacation (if a person quits after a vacation, he is not entitled to compensation. But if he did not use all the days, then the employer is obliged to pay compensation for them);

severance pay (if it is provided for in the employment contract).

In the case when a citizen asks to pay him monetary compensation for unused days of rest, the manager must meet him halfway (paragraph 1 of Article 127 of the Labor Code of the Russian Federation). The calculation of compensation upon termination of an employment contract occurs in accordance with the requirements established by the Rules on regular and additional leaves, approved by the People's Commissariat of Labor of the USSR on April 30, 1930 No. 169.

Vacation pay upon dismissal at one's own request is paid to the employee three days before the start of the vacation. The final payment is made on the last day of work. According to Part 5 of Art. 84.1 Labor Code of the Russian Federation. on the same day the person is returned the work book with all the necessary entries. Upon written request from the employee, the manager must provide him with certified copies of documents related to the work (this could be orders for promotion, transfer to a new position, salary certificates, etc.). Information about this can be found in Part 4 of Art. 84.1 Labor Code of the Russian Federation.

Is work needed?

The current regulatory framework allows any citizen to express their desire to leave the workplace during their next vacation. The 2-week work period starts from the moment the application is submitted. Working off can be completely closed by vacation or partially. In the latter case, the subordinate must cover the difference in working days. An employer can recall a subordinate from vacation, but only with the latter’s consent.

For your information

The manager is obliged to release a subordinate, without work, who has decided to resign due to one of the following valid reasons: admission to a university, retirement, detection of a serious illness, etc.

Do I need to notify management about dismissal after a vacation?

According to Art. 127 Labor Code of the Russian Federation. the employee has the right to go on vacation with subsequent dismissal at his own request. He must first notify the employer of his decision to leave the organization. During this time, the head of the organization will have the opportunity to find a suitable employee to replace the departing one. In this case, a resignation letter is written immediately after a voluntary leave, which a person can take off completely. In this case, the last day of work will be considered the last day of rest granted.

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Sequence of events

To formalize the departure of an employee, a certain procedure is followed:

An application is written (use a ready-made form or write it yourself based on a sample).
Submitting the request to the manager for approval. According to the law, the employer does not have the right to prevent the termination of a contract if it is established that such is the personal will of the employee. However, when requesting leave, it must be taken into account that management has the right to agree or refuse the request of a subordinate.
If the leave is agreed upon, the director’s visa is stamped on the application, and then the document is sent to HR specialists for processing.
Issuance of an order (an internal document that records the termination of relations with the resigning employee and the provision of vacation days for the period specified in the application).
Familiarization of the document with the employee is a mandatory requirement. When issuing a copy of the order, you must sign it and receive a work book with the latest entry, or the work book will be returned after the end of your vacation (decided at the discretion of the parties).
Simultaneously with the work of the personnel department, the accounting department prepares the calculation of the last salary and compensation for the upcoming vacation.

Download the Standard format for an application for voluntary resignation (sample) (27.5 KiB, 6,660 hits)

As you can see, the process of parting with an employer with advance paid leave has few differences from the standard scheme of actions. And yet they are there.

After the application is submitted to the manager, the 14-day period for the date of dismissal is counted, however, the parties can agree on a different date of dismissal by mutual agreement.

Features of submitting an application

Termination of an employment relationship begins with writing a statement. It must be drawn up and submitted for approval to management no later than 2 weeks before the expected date. Dismissal immediately after voluntary leave is often used by employees who do not want to appear at work for an extra 14 days, or who do not have such an opportunity. Citizens who have opened sick leave due to incapacity for work have a similar right to leave without working for two weeks.

The employee draws up an application according to the model established by the specific organization, with a mandatory mention of the grounds for termination of the contract (at his own request).

If the employer insists on working the required hours, the applicant must indicate the reason why the use of vacation days is so necessary.

Vacation compensation upon dismissal of a part-time worker: rights and features

If the company does not have developed personnel forms, you should proceed from the general requirements for the document, its structure and design. The header reflects information about the manager (director) to whose name the application is sent and information about the applicant. In the main part, a request is formulated to agree on a vacation on the eve of the person’s departure. The employee must clearly indicate his intention to first take the required time off and only then enter the date of the last entry in the work record.

Issuance of an order

If there are no obstacles to dismissal, the dismissal order to terminate the contract is given to the employee against signature.

As a rule, an order is issued at the end of the period allotted to the employee for reflection, namely, a couple of weeks after he receives leave. It is more logical to issue an order at the end of the period, since the employee has every right to withdraw his application, i.e. change your mind about quitting (Article 80 of the labor legislation (Part 4).

If the desire to part with the employer arose during the rest period, it is not necessary to wait until it ends. Then the application is sent by mail or personally delivered to the manager, depending on the location of the person. 2 weeks after the director was given the application, documents must be prepared and the final payment made. The amount that will be given upon leaving does not include compensation for vacation, since it has already been taken off.

If after a 14-day period the employee was unable to appear himself to receive a work book and payroll, the documentation is sent by mail, regardless of whether the employee used the vacation.

Procedure for dismissal during vacation

When resigning during voluntary leave, there are several options for notifying the employer of the upcoming termination of the employment contract. An employee can submit a resignation letter at the same time as submitting an application for leave, but can also submit it while on leave. However, the dismissal procedure itself may differ significantly.

Let us clarify that the employer has the right to refuse to grant an employee leave with subsequent dismissal, since such an obligation is not assigned to him at the legislative level. Leave under such conditions is solely the right of the manager.

If you are planning to resign without leaving your vacation, the last day of your performance of your work duties in the organization (of course, if you submit the appropriate application in a timely manner) will be considered the last day of your vacation. Remember also that after your vacation you should not go back to your previous place of work to receive documents, since making payments to the employee and issuing documents to him is provided for on the last day worked before going on vacation.

On this date, authorized specialists must take the following actions:

An order to terminate the contract has been prepared.
The corresponding entries are made in the work book (after which it must be handed over to the resigning person).
Full payment has been made.

It should also be noted that in addition to the calculation for the period actually worked, you are also paid vacation pay on a general basis. If vacation is partially used, only the unused part of it is compensated simultaneously with the calculation.

If an employee wants to quit while already on vacation, he can come to the employer in person and write a corresponding statement, or write it and then send this document by mail. It is important to note that it is better to send the application by registered mail with acknowledgment of delivery and a list of the attachments, since in this case you will have proper evidence not only of the fact that the letter was sent, but also what kind of letter you sent, who received it and when.

It is also important to understand that if there are less than 14 days left from the moment the employer receives the application until the end of your vacation, the remaining days will need to be worked after the vacation (unless, of course, the employer meets you halfway and does not let you go without working). The 2-week period begins to count from the date following the date on which the employer received the resignation letter.

That is, in general, the date of dismissal of an employee will be considered the day of the end of the 2-week period established for notice of dismissal, even if this day falls during the vacation period. On the day that is the last officially working day, the employer must give the employee his work record and make a full settlement with him.

Pros and cons of this solution

It is worth considering all the advantages and disadvantages of quitting at your own request while on your next vacation.

The main advantages include several factors listed below:

The countdown starts from the moment the application is submitted. That is, work begins immediately, despite the fact that the employee is on vacation. And if you apply for leave with subsequent dismissal, you will no longer have to go to work;
the accountant will have time to make the calculations. In this case, personal income tax payment occurs the next day after dismissal;
the employee immediately receives vacation pay in full. The fact is that from time to time the employer reduces the amount of these payments or does not transfer them during dismissal. When an application for leave is first submitted, the money for it is transferred. Then the final payment is made if a decision is made to terminate cooperation with the company;
the opportunity to start working at a new enterprise while on vacation. Registration can always be done retroactively. The main thing is that you will be able to immediately delve into the specifics of work in a new company.

However, there are several disadvantages to quitting while on vacation:

there is no way to verify that the employer accepted the application and signed it. Until it is signed, the employee cannot be considered dismissed. According to the provisions of the Labor Code of the Russian Federation, in order to terminate an open-ended employment contract, it is necessary for the employer to sign an application, issue an appropriate order, provide a calculation and make an entry in the work book. The employee himself must sign it, confirming that he has read the records;
If the application is not submitted on the first day of vacation, work may be required. By law, it is 14 days, for disabled people and employees on a probationary period - 3 days. However, the latter cannot be on annual paid leave.

Thus, it is necessary to take into account all the features before dismissal in this way. It may make sense to apply for leave followed by dismissal in order to immediately dot all the i’s.

Is it always possible to quit during the vacation period?

An employee planning to terminate his employment relationship has the right to declare dismissal during vacation, regardless of what kind of vacation he is on. The procedure for dismissal in any case is similar to that described above.

By the way, dismissal is possible not only during vacation, but also during sick leave. In the latter case, it is carried out on the same grounds as dismissal while on vacation. The procedure for dismissal, the calculation of deadlines and the implementation of calculations will be similar to those provided for dismissal during the vacation period.

Dismissal by agreement of the parties

The issue of dismissal by agreement of the parties is not yet regulated by law. Current practice shows that the day of dismissal (when the parties reach an agreement to terminate the employment relationship) is usually the date indicated by the employee in the application, or the day that was previously determined by the parties in the concluded agreement as the date of dismissal.

It is important to remember that the concluded agreement does not exempt the employee from writing and submitting an application for termination of the employment contract - this requirement must be fulfilled. In addition to the request for dismissal, the application also indicates the date agreed upon by the parties.

The employer, just as with dismissal for other reasons, must issue an appropriate order, which is signed by the head of the enterprise or another person authorized to sign this type of document. The employee’s order must be familiarized with a signature; one copy is given to the employee, the second remains with the employer.

As for the agreement, it is also drawn up in one copy for each of the parties (employee and employer). On the part of the latter, this document is signed by the head or a person specially authorized to sign such documents and certified by the seal of the organization.

How does an employee fire while on 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 enterprise does not have the right to dismiss an employee on its own initiative, only upon complete cessation of 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.

How to extend or reschedule your vacation

However, sometimes annual paid leave does not coincide in time with dismissal; does the employee have the opportunity to transfer the leave to a more convenient time for him, or does this require special conditions. In general, the schedule of annual paid leave is drawn up in advance, 2 weeks before the end of the year preceding the year in which the leave will be implemented.

In fact, it is possible to achieve a postponement of vacation by special agreement with the employer himself. Otherwise, to carry out such an operation, special conditions are required, which include the following:

Illness or injury, if this coincides with the time you are on vacation. Moreover, if an employee immediately notifies the employer about this during vacation and provides documents confirming this, then the current vacation will be extended. In the same case, if the employee reports that he was on sick leave only after returning from vacation, he will have to write a corresponding application and attach supporting documents to it, only in this case the employer can extend or provide additional days of paid leave;
Performing civic duties - for example, serving as a jury in court, etc.

Separately, it is worth noting that if a person took sick leave during a vacation to care for relatives (regardless of whether it is a close relative or not), then the vacation is not extended.

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. Such wording of the termination of an employment contract is entered into the work book only in the case when a complete liquidation occurs, without the transfer of 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 required rest, he simply no longer goes 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 that it is impossible to fire an employee while he is on a well-deserved annual rest only if this 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 the legal address of the enterprise. 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.

Rules for writing and submitting an application

Typewritten text is acceptable, but it is better to write by hand.

Here are the rules for writing an application in 2019:

in the upper right corner the full name of the organization and full name of the head of the HR department or company are indicated;
Below you need to write the employee’s full name and position;
without a dot at the end;
the text should be something like this: “I ask you to dismiss me at your own request ___ _________ 20__,” and below is the date and signature.

It is worth indicating the exact date of dismissal. If you put “c”, then you can terminate the employment contract on any day after that specified in the application. However, legal requirements change periodically, so this excuse is sometimes returned. It is recommended to check with the HR department whether it should be used in a particular case.

The application is submitted in one of the following ways:

personally;
by email;
using fax;
by registered mail with acknowledgment of receipt, and so on.

If the document is not provided in person, then it is worth warning that it has been sent. To do this, just call your employer.

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 from the labor inspectorate. 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 to refuse to issue calculations and documents, since these actions threaten the company with the imposition of 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 weeks of work.

A case from practice: the company decided to fire a young mother who is on maternity leave until she reaches the required age. Only the reason for dismissal, in the opinion of the employer, may be a change in working conditions and employment contract, which the employee obviously cannot accept, since this is associated with moving to another city. The court declared such a dismissal illegal, since no one had the right to dismiss her during the vacation period.

Lawyers' answers (1)

In accordance with Part 1 of Art. 127 of the Labor Code of the Russian Federation, upon dismissal, the employee is paid monetary compensation for all unused vacations. According to Part 2 of Art. 127 of the Labor Code of the Russian Federation, upon a written application from an employee, unused vacations may be granted to him with subsequent dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation. By virtue of Part 3 of Art. 84.1 of the Labor Code of the Russian Federation, the day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal law, his place of work (position) was retained. On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Art. 140 Labor Code of the Russian Federation. Upon a written application from the employee, the employer is also obliged to provide him with duly certified copies of documents related to work (Part 4 of Article 84.1 of the Labor Code of the Russian Federation). According to Part 9 of Art. 136 of the Labor Code of the Russian Federation, payment for vacation is made no later than three days before its start. In accordance with Part 1 of Art. 140 of the Labor Code of the Russian Federation, upon termination of an employment contract, payment of all amounts due to the employee from the employer is made on the day of the employee’s dismissal. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment. According to the explanations given in the Determination of the Constitutional Court of the Russian Federation dated January 25, 2007 N 131-О-О, the employer, in order to properly fulfill the obligation established by the Labor Code of the Russian Federation (in particular, Articles 84.1, 136, 140 of the Labor Code of the Russian Federation) to formalize dismissal and pay with the dismissed employee, must proceed from the fact that the employee’s last day of work is not the day of his dismissal (the last day of vacation), but the day preceding the first day of vacation. The Letter of Rostrud dated December 24, 2007 N 5277-6-1 states that when an employee is granted leave followed by dismissal, the day of dismissal is considered the last day of leave, however, all settlements with the employee are made before the employee goes on leave, since after its expiration the parties no longer will be bound by obligations. Conclusion. When an employee is granted leave with subsequent dismissal, all settlements with the employee are made before the employee goes on leave, on the day preceding the first day of leave.

Explanations of Rostrud (letter dated December 24, 2007 No. 5277-6-1): “In accordance with Art. 127 of the Labor Code of the Russian Federation, upon a written application from an employee, unused vacations may be granted to him with subsequent dismissal (except for cases of dismissal for guilty actions).

Providing the employee with unused vacation followed by dismissal is the right of the employer, and not his obligation.

When an employee is granted leave with subsequent dismissal, the day of dismissal is considered the last day of leave, because upon its expiration, the parties will no longer be bound by obligations. The same should be done with the work book and other work-related documents that the employer is obliged to provide to the employee - they must be given to the employee before going on vacation, i.e. on the last day of work.

Summary

Can I write a letter of resignation on the first day of vacation?
Can a resignation letter at the end of vacation be written on the first day of vacation?
First day of vacation
First day after vacation
Dismissal on the last day of vacation
Application for dismissal on the first day of vacation
I wrote a letter of resignation on the first day of vacation.

Questions

1. Can I write a letter of resignation on the first day of vacation?

1.1. Yes, you can submit your application on the first day of your vacation, or on any day of your vacation. The employment contract must be terminated after a two-week period. With the consent of the employer, the employment contract can be terminated before the expiration of the two-week period. Article 80 of the Labor Code of the Russian Federation.

2. Can an application for resignation at the end of vacation be written on the first day of vacation?

2.1. According to current legislation, you can write a letter of resignation on the first day of vacation. At the end of your vacation, you must be fired.

3. While I was on vacation, I went on sick leave and wrote a letter of resignation. Immediately after the first sick leave was closed, the next day I had an operation scheduled, another sick leave opened. Will I be paid for a second sick leave if I am considered fired after the first one is closed?

3.1. Hello, dear Victoria! Firstly

, the dismissal of an employee at his own request is regulated by Articles 80, 84.1 of the Labor Code of the Russian Federation (in short - the Labor Code of the Russian Federation), which you have probably already become familiar with.
Secondly
, there are no “sick leave” or “sick leave” in Russian legislation.
According to the Procedure for issuing certificates of incapacity for work, approved by Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624 n, in case of temporary disability

a certificate of incapacity for work
by a medical institution .
If the second certificate of incapacity for work is opened for you within 30 days after dismissal, then your former employer will be obliged to pay it to you in accordance with Article 5 of Federal Law No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity.” Article 5. Cases of providing temporary disability benefits 1. Providing insured persons with temporary disability benefits is carried out in the following cases: 1) loss of ability to work due to illness or injury, including in connection with an operation for artificial termination of pregnancy or in vitro fertilization (hereinafter referred to as the disease or injury); 2) the need to care for a sick family member; 3) quarantine of the insured person, as well as quarantine of a child under 7 years of age attending a preschool educational organization, or another family member recognized as legally incompetent in the prescribed manner; (as amended by Federal Law No. 185-FZ dated 02.07.2013) 4) implementation of prosthetics for medical reasons in a hospital specialized institution; 5) follow-up treatment in the prescribed manner in sanatorium and resort organizations located on the territory of the Russian Federation, immediately after the provision of medical care in an inpatient setting. (Clause 5 as amended by Federal Law No. 317-FZ of November 25, 2013) 2. Temporary disability benefits are paid to insured persons upon the occurrence of the cases specified in Part 1 of this article during the period of work under an employment contract, performance of official or other activities , during which they are subject to compulsory social insurance in case of temporary disability and in connection with maternity, as well as in cases where the illness or injury occurred within 30 calendar days from the date of termination of the specified work or activity or during the period from the date of conclusion of the employment contract to the day of its cancellation
. Good luck to you.

This is important to know: Payment of vacation travel for pensioners of the Ministry of Internal Affairs

4. Worked for a year. I took some vacation for two weeks. The job is very busy. Before the vacation, I worked without days off for a month. Now they are saying that on the first day they will finish some things again, etc. I'm thinking about quitting after my vacation. Since I have two weeks of vacation left unused, is it possible to write when I leave, I ask for another vacation for two weeks with subsequent dismissal. I just don’t really have the strength to work.

4.1. Hello! Yes you can, in accordance with Art. 127 Labor Code of the Russian Federation.

5. I am now going on vacation for 2 weeks. After my vacation I will go to another job. At the company, everyone who quits works for 2 weeks without fail. If you write a letter of resignation on the first day of your vacation, will the 2 weeks of work countdown begin from that day? Or should I take a vacation and then work for 2 weeks.

5.1. You can write an application for leave with subsequent dismissal; the legislator prescribed 2 weeks to give the employer the opportunity to find a replacement.

5.2. When you provide a letter of guarantee from the employer who will hire you agreeing to a transfer from one organization to another, your current employer dismisses you on the basis of clause 5, part 1, article 77 of the Labor Code of the Russian Federation, transfer of the employee at his request or with his consent to work for another employer or transfer to an elective job (position) day after day.

6. Situation: The employee was notified 2 weeks in advance about the upcoming vacation, he decided to quit after notifying the employer 2 weeks in advance. The day of dismissal fell on the first day of the employee's vacation. They paid vacation pay, forgetting about the employee’s resignation letter. The employee insists on dismissal because... he needs to get a job with another employer. Tell the employer what to do.

6.1. Hello, dear site visitor, if an employee does not go on vacation but has received vacation pay, you can recalculate compensation for unused vacation and fire him.

7. 1. Can I write a letter of resignation on the first day of vacation (17.06) on the last day of vacation (30.06). Will I need to work two weeks after my vacation?

7.1. If you want to resign on June 30, then the application must be submitted to the employer on June 16. (2 weeks before the day of dismissal), otherwise you will have to go to work for one day. Good luck.

8. Can I write a letter of resignation on the first day of vacation (17.06) on the last day of vacation (30.06). Will I need to work two weeks after my vacation?

8.1. Hello. According to the provisions of the Labor Code, Article 80, the Employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter. There are no clauses prohibiting you from submitting this application before your vacation.

9. I work as a postman at the post office, I was offered a new job. Tomorrow is my first day back at my old job. If I write a letter of resignation from tomorrow and immediately leave work, will I get anything?

9.1. Apart from refusing to satisfy your request for dismissal on one day, nothing should happen.

Is the last day of vacation the day of dismissal?

To correctly terminate an employment contract, it is necessary to clearly define the specific date of dismissal. Typically, the day of dismissal is considered a working day by the Labor Code of the Russian Federation.

An employer is also prohibited from dismissing an employee during his vacation. However, exceptions are made for cases of leave with further dismissal. So, a non-working day for an employee, namely the last day of vacation, may be the day of dismissal. In this article, we will consider situations where the last day of vacation is the day of dismissal.

General rules for dismissal

Labor legislation stipulates that the day of dismissal is the last working day (Article 84.1 of the Labor Code of the Russian Federation). It is on this day that it is necessary to give the employee his personnel documents and make all payments to him. Otherwise, the organization will face adverse consequences. The last day of dismissal is considered a working day for workers with a shift schedule. When the last day of a shift, for example, for a security guard falls on Saturday, and this day is a day off for the entire company, then settlements with the dismissed employee must still be made on Saturday. In order not to violate the letter of the law, an accountant and personnel officer will have to be brought in on a day off to make all the necessary payments and make the appropriate records. And it is not necessary to involve the general director on Saturday, because the dismissal order can be issued earlier, for example, on Friday.

Cases when the last day of vacation may be the day of dismissal

The most common situation when the last day of vacation is the day of dismissal is the provision of vacation with further dismissal. Often, an employee, having written a statement of his own free will, first takes a leave of absence, and then officially terminates his employment relationship with the organization. In accordance with Part 2 of Art. 127 of the Labor Code of the Russian Federation, the last day of vacation is the day of dismissal. However, it is necessary to make a full calculation and issue a work book before the start of the vacation itself - on the day the employee actually works.
It is necessary to distinguish between dismissal during vacation and vacation with further dismissal. The staffing procedure is different here. A person, already on vacation, notifies the employer of his intention to resign. This is especially true for workers who look after children. In this case, such an employee must be dismissed, taking into account a two-week notice period. But the employer and employee can mutually agree to dismiss from a different date specified in her application. Full settlement with the employee and issuance of a work book are made on the day of termination of the employment contract. In this case, the employee has the right to change her mind and withdraw her application.

Entry in the work book

The Labor Code of the Russian Federation obliges the organization to make an entry and issue a work book to the employee on the day of dismissal. An employee's resignation during vacation is recorded in the normal personnel manner.

Post content:

serial number;
date of termination of the employment relationship;
the reason for the employee's departure;
date and number of the dismissal order.

According to Art. 84.1 of the Labor Code, the last working day is the day of termination of the contract. Some personnel officers make a mistake when filling out a work book, indicating the date of the order instead of the date of dismissal.

If the employment contract has expired, the employee has the right to leave with the upcoming dismissal, even if the rest period extends beyond the specified period. The last day of vacation will be regarded as the date of dismissal.

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Features of dismissal while on vacation

If an employee decides to resign without returning from vacation, it is necessary to follow the procedure for notifying the employer of his desire. A corresponding application must be sent by mail no later than 14 days in advance. To avoid disputes about dismissal with the employer, we recommend that you submit your application personally to the organization. The second copy must be marked as having been received by an authorized person of the organization. In this case, during legal disputes, the employee will have evidence that his absence from work after the end of his vacation is not absenteeism, but an agreed upon date of dismissal.

Is it possible to withdraw a resignation letter while already on vacation with subsequent dismissal?

In a standard situation, an employee has the right to change his mind and remain at work during the notice period for dismissal. But this rule does not work when the last day of vacation is the day of dismissal. Taking into account that in fact the employment relationship with the employee ceased at the moment when the vacation began, the employee no longer has the right to withdraw his resignation letter after the start of the vacation. This applies to situations where even just the first day of vacation has begun. Therefore, the only option for correctly processing the return to work of such an employee is to rehire him.

When does an employer have the right to hire a new employee?

Despite the fact that the last day of vacation for a dismissed employee is the day of dismissal, a new employee can be hired from the first day of vacation of the dismissed employee. In this case, the employer does not risk anything, because:

When on leave with further dismissal, the employee no longer has the right to return;
In fact, the place of work of the person being dismissed is free.

Do the grounds for dismissal need to be changed if circumstances change?

Often the vacation before terminating the contract is quite long. Various events may occur at this time. For example, the employee was fully paid, all documents were handed over, the work book indicated that the last day of vacation was the day of dismissal. However, while on vacation, the employee dies. In this case, the question arises: is it necessary to change the basis and date of dismissal? Considering that from the moment the vacation begins, the employer no longer bears any obligations towards the former employee, the organization does not have any obligation to make any changes.

What an employer should do if an employee is ill during vacation

If an employee falls ill while on vacation, then, by analogy with the case already discussed, there is no need to make changes to the work book regarding the date of dismissal. There is also no need to extend your vacation during illness. The company only has an obligation to pay sick leave.

Thus, the last day of vacation may be the day of dismissal. Then the employer needs to know some of the nuances of such termination of the contract. Full payment and issuance of all documents must be made on the employee’s last day of work. The actual employment relationship also ends during vacation, so the employer has the right to immediately hire a new person to replace the dismissed employee. Also, after going on vacation, the organization loses any obligations to the employee, with the exception of sick leave payments.

Features of calculating deadlines

Due to the requirements of Part 1 of Art. 80 of the Labor Code of the Russian Federation, the employee is obliged to notify the employer of the termination of the employment relationship in writing no later than 2 weeks before dismissal. This period is given to the manager to find a suitable candidate for the position of the person being dismissed. However, in practice the concept of “warn” is perceived by management as “work on.” Despite the fact that there is no such concept in the Labor Code of the Russian Federation. Therefore, the employee must submit an application 2 weeks before the termination of the employment relationship. The exception is if further continuation of work is impossible or the employee needs to resign on a certain day. According to Part 3 of Art. 80 of the Labor Code of the Russian Federation, these include:

admission to an educational institution;
retirement;
the need to care for a disabled person of group 1;
violation by the employer in relation to subordinate labor legislation.

Termination of an employment contract with an employee is possible earlier than 2 weeks after writing the application, but only by agreement with the employer. I also remind you that before the expiration of the notice period, the employee has the right to withdraw his request at any time, then he will not be fired. An exception will be the condition that another employee has already been invited in writing to take his place and who cannot be denied an employment contract (Part 4 of Article 80 of the Labor Code of the Russian Federation).

I draw your attention to the fact that if after writing the application the employee was on sick leave for 14 days, then the notice period does not increase.