Vacation followed by dismissal: how to properly arrange it at your own request

Often an employee decides to resign of his own free will He has such a right, but only with the agreement of the employer. This separation procedure does not have any significant differences, although some points need to be paid attention to.

Also see:

When and how is leave followed by dismissal issued?
Dismissal after vacation: conditions, procedure, calculations

Leave with aftercare: is the employer obliged to provide it?

In most cases, taking leave before resigning at your own request occurs outside the vacation schedule. Thus, a worker can exercise his right only on the basis of an agreement with the employer.

The company is not obliged to provide rest time before dismissal, but instead can immediately part with the employee by paying him compensation for unused days (Rostrud letter No. 1025-6 dated April 30, 2008).

Before terminating an employment contract, an employee may be granted not only regular leave, but also additional leave, as well as leave without pay. there are exceptions to the above rule . For example, when leaving the category of employees who must be granted leave without pay. These include:

working pensioners;
parents, spouses of military personnel and employees of internal affairs bodies;
disabled workers.

If they did not exercise their right before dismissal, then the employer cannot refuse to exercise it.

IMPORTANT!
If an employee has accumulated a large number of vacation days, he does not necessarily have to write a statement with 2 weeks of work. Its duration may be longer and cover the entire non-vacation period.

Features and dismissal procedure

As was said earlier, a person can resign before a vacation only by personal desire. It is possible to use legal rest that has not been realized by that time for its intended purpose or to replace it with the work required by law for a period of two weeks. Nothing prevents an employee from submitting a letter of resignation on the eve of annual leave (if its date has already been determined). There are some features:

the employer is given the right to allow the employee to go on a longer vacation, and payment will be made only for accrued working days;
the employee reserves the right to change his decision before the start of the vacation period;
the day of dismissal is considered the last day of vacation;
if the vacation period lasts longer than two weeks, the employee will not be able to get a new job until its end.

A distinctive feature of dismissal on personal initiative is that when leaving before vacation, the employee loses the right to return his application from the moment the vacation days begin. In all other respects, the procedure is fully consistent with Articles 127 and 77 of the Labor Code of the Russian Federation, which oblige the dismissed employee to notify his superiors of his upcoming resignation two weeks before the start date of the vacation.

Care before annual leave

Dismissal during annual leave has its own nuances. So, if an employee decides to resign before or during his annual leave, he is given the right to request another vacation period. In this situation, the employer chooses one of the options:

The management of the organization has the right to refuse an employee. Providing a second leave is an issue decided solely by the initiative of the employer. The manager makes a decision on this issue at his own discretion. In case of refusal, the employee, after the expiration of the vacation, works the required two weeks (if any remain) and receives all legal payments.
The employer agrees with the employee's request. After this, the manager discusses with the employee the date of dismissal and the transfer of all documents. With this development of events, the employee does not return to his workplace after the first vacation period, but appears in the organization only on the appointed day of dismissal.

The resigning employee should take into account that the employer is not obliged to agree to the provision of a second leave. The law enshrines the right of the employer, but not the obligation. Therefore, if an employee wants to challenge the refusal in court, he is unlikely to succeed.

Application procedure

The procedure for registering dismissal is standard, as with normal resignation, with the exception of legal work. From the moment the employee’s application is accepted, all necessary documents are prepared within two weeks. Due payments are also calculated during this period.

An application for resignation can be written separately from an application for leave or together - this remains at the discretion of the employee. The submitted document should indicate the reasons for leaving, but the overall text should remain fairly brief. The date of dismissal must be chosen based on the fact that the management of the enterprise must be notified at least two weeks before this date. There is no established wording for the text of the statement; in fact, it is presented in free form.

If a notice of resignation is submitted on the eve of the next vacation period, the employee is given the right to reduce or shorten the period of service. However, this requires compelling reasons, preferably supported by documents.

Mark in the work book

The mark is made in the employment document regardless of whether the person goes on vacation or not. The wording of the entry depends on the reasons for which the person is dismissed. Therefore, dismissal of one’s own free will will be reflected in the document in strict accordance with clause 3, part 1, art. 77 of the Labor Code of the Russian Federation. There should not be anything superfluous in the entry, only a complete repetition of the wording used in the order. In addition, the work book must contain the following notes:

date of dismissal;
signature of the HR department employee who completed the recording;
company seal.

The employee receives all documents to be issued on the day of dismissal. The wording in the work book must be read and signed.

Entitled payments

In a dismissal situation, questions often arise about whether vacation pay will be paid if you quit before the vacation, and what the employee needs to do to achieve this.
When an employee resigns before a vacation, the company pays all amounts due to him on the last working day before the vacation. In cases where the dismissed person did not come to work before the stated date of dismissal, he will receive his pay the day after submitting a written request. Funds provided for payments to a resigning employee are kept untouched in the cash register or with the chief accountant for five days. The main payments include unpaid wages and material compensation for unrealized rest, if any. Other funds provided for in the employment contract or production regulations are also subject to issuance. Legal regulation of the payment procedure is provided for in Part 9 of Art. 136 of the Labor Code of the Russian Federation, which states that all payments are made three days before the start of the vacation period.

If the dismissal is formalized while on vacation, and the date of the two-week work period coincides with a working day, then the dismissed person can apply for an extension of the vacation. In case of agreement, only vacation pay will be received from the company as payments. In other cases, the employee will be entitled to monetary compensation.

If the employer violates labor legislation, the employee can always apply to the judicial authorities to protect his rights with a statement of claim.

How to file a resignation before going on vacation

The process of applying for leave with subsequent dismissal (Article 127 of the Labor Code of the Russian Federation) is no different from leaving at your own request. The only exception is that the last day of work and the day of dismissal in this case do not coincide .

The last working day will be the date before the start of the vacation. And the day of dismissal coincides with the last day of vacation.

If an employee, in addition to the used part on the date of termination of cooperation, has unclaimed rest days, he is compensated for them.

Please note that the employee retains the right to withdraw his application - but no later than the day before the start of the vacation.

IMPORTANT!
Rest time in this case is not included in the length of service for calculating vacation pay.

If an employee experiences a period of incapacity while on vacation, there is no need to extend the rest period.

What about the issue with two weeks of work?

I have already noted that if a person goes on vacation, he may not work the two mandatory weeks. This right is assigned to every employee by law.

To do this, the employee will need to submit a letter of resignation during the vacation period, and note in it that two weeks begin to count from the moment the manager received the document.

If the application was submitted two weeks before the vacation, then the period begins to count in the standard manner. The calculation of the period begins one day after the management receives the application.

If the vacation period exceeds the required two-week period, then the remaining days upon dismissal can be used by the citizen in kind or monetary compensation may be received for them.

When the law obliges an employee to write a leave application

As a general rule, an employee’s right to leave arises after he has worked for the organization for more than 6 months. You can go on vacation earlier, but only if the employer does not mind. Some employees cannot be denied leave, even if they have not worked the required period. These include (Article 122 of the Labor Code of the Russian Federation):

women asking for leave before or immediately after maternity leave;
minor workers;
employees who adopted a child (children) under the age of 3 months;
certain categories of employees entitled to this in accordance with the Labor Code of the Russian Federation and federal laws.

These categories of employees can go on unplanned leave by writing an application addressed to the employer.

Is work required?

There is no such thing as working off.

There is a fact of warning of intentions expressed in the form of a statement. The next day the two week countdown begins.

On the 14th day comes the date of dismissal . This period is set so that the employer has time to replace the departing employee with a new one.

If the actual vacation is longer than the notice period, subject to mutual agreement, the date of dismissal can be postponed to the end of the vacation. But the start of “working off” is never postponed, which is very beneficial for the employee.

During the warning period, he takes vacations and does not sit at work. And even if he has outstanding obligations to the employer, the dismissal will still take place .

Under what circumstances is leave granted in advance?

According to the general rules, standard paid leave can be granted to a subordinate at the moment when his time working in the new organization reaches the minimum mark of six months. However, in some cases, a vacation can be issued a little earlier, even before reaching the above mark. This, first of all, includes those situations in which vacation registration is carried out by an employee from a special category. These include the following persons:

Women who are planning to go on maternity leave in the near future. Before taking maternity leave, they have the right to use a standard rest period, if they have one. If a woman wishes, accrued leave can also be used by her after the end of the maternity period.
Workers who have not yet reached the age of majority. In accordance with existing rules, this category of employees must have certain privileges. This may include the possibility of registering another additional period of rest to prepare for passing final exams or other important events directly related to the employee’s learning process.
Employees who have adopted a child. An important condition is the fact that the age of this child should not exceed 3 months. If this condition is met, the employee will be able to take his allotted leave at absolutely any time, regardless of his actual time of work in this organization.
Other categories of employees, provided that the right to early registration of a vacation period is guaranteed to them by current legislative norms. This, for example, includes employees who constantly deal with dangerous or other non-standard working conditions. Such employees are astronauts, rescuers, municipal workers and other categories of employees.

The current regulations also establish that certain categories of workers, in addition to basic vacations, should be regularly provided with periods of additional rest. In this case, this rest period can be added to the subordinate’s main vacation or issued separately, depending on the employee’s wishes. Special leave is often granted to employees whose activities involve dangerous or harmful working conditions. In some cases, such a rest period may be replaced by monetary compensation.

Basic rules for drawing up a vacation application

Labor standards have established some rules regarding the procedure for forming an application for leave. Thus, the content of the document must include the following basic information:

In the upper right corner of the document, the standard details of the parties to the labor relationship are indicated, namely the name of the organization, full name and position of the manager, as well as information about the employee himself.
Then in the center of the sheet the name of the document is indicated - “Application”.
The next step is to include basic information in the text, namely, the employee’s request to provide him with the required rest period. If the vacation is issued in full, then its duration does not need to be included in the text. If an employee takes several days off, for example, one week, the exact duration of the vacation period must be indicated.
After specifying all the required information, the employee must put his personal signature on the document, as well as the current date.

Despite the fact that the procedure for drawing up a vacation application can be called quite simple, modern employers are often faced with a variety of mistakes made by employees. First of all, it should be noted that the completed application should not contain any corrections, inaccuracies or erasures.

No mandatory form has been established for this document, however, many organizations develop and approve their own forms, which are then very conveniently used by employees.

After receiving such an application, the employer will be obliged to review the information provided and send the document to the human resources department for further work, having previously affixed his own visa to it.

How to calculate average daily salary?

Calculations of such salaries are established by the Decree of the Government of the Russian Federation.

To correctly calculate average daily earnings, two positions are used:

number of working days for 12 months;
employee's income for the same period of time.

There is a certain algorithm for calculating the average wage:

The year that comes before the date of departure of the employee is taken into account.
Absence time is subtracted from this time period (sick leave is also taken into account). If such calculations exclude the entire period, it must be moved back another year.
The calculation is carried out in working days, based on a calendar with 6 working days per week.
If working time and a specific working period are summed up, then the average wage itself is calculated in hours.
A calendar month, according to the standard, consists of 29.3 days. The concept for calculating a part-time working month is as follows: divide 29.3 by the actual number of days in the month, multiply by the number of days worked.

Healthy. Here is an example of a formula for calculating the average daily payment: divide the amount of income by the number of days worked during the calculation period.

For example, a certain Petrova N.N. receives 259,400 rubles per year. We take this amount and divide it by 338.2 days, we get 767.017 rubles.

Based on the results, it is not difficult to calculate the specific amount of compensation. Here is the formula:

compensation = number of unused days multiplied by the average daily salary.

Rules for registering an employment record

The employer must follow the rules for filling out the work book. If an employee has complaints against the manager, then a violation of procedural norms can become a problem, as a lawsuit will follow. All rules for filling out the document are specified in Federal Law-255.

Filling out must be done by an employee of the human resources department or another specialist who works with the company’s staff. It is imperative to indicate the dismissal with reference to the Labor Code of the Russian Federation. It is important to use only black, blue or purple ink. Ballpoint, fountain and gel pens can be used.

The numbering of all events must be continuous throughout the document. Errors or blots are not allowed, otherwise the entry will be considered invalid. It is recommended to use block letters so that there are no problems later when calculating your pension.

Upon dismissal, the following is entered in the work book:

record number;
date of updated information;
information about termination of work at the enterprise;
reasons for this.

Next, you need to put the company seal and the signature of the employee who made the entry.

Also, the dismissed employee must sign after reviewing the record.