Application for leave followed by dismissal at will: sample writing

Providing leave with subsequent dismissal is a fairly common practice in labor relations. This option, in particular, allows the employee to resign without working out, which is mandatory, for example, when leaving of his own free will. And in some cases, the employer can bypass the legal requirement to warn the dismissed person in advance about the upcoming separation. Correct execution of this procedure will allow the parties to part without subsequent mutual claims.

• 2 How to properly apply for leave followed by dismissal
  2.1 How to draw up and when to submit an application for leave followed by dismissal
• 2.2 Issuance of orders on leave and dismissal
• 2.3 Making an entry in the work book and the timing of its issuance to the employee

In what cases is leave followed by dismissal possible?

It is permissible to issue both leave followed by dismissal at one’s own request, and for other reasons not related to violations committed by the employee (Part 2 of Article 127 of the Labor Code of the Russian Federation). The date of termination of cooperation in this case is the last day of rest .

As a result of applying this option for terminating cooperation on grounds related to the employer’s initiative, the employee will formally be dismissed during vacation, which is expressly prohibited in Part 6 of Art. 81 Labor Code of the Russian Federation. Thus, it is prohibited .

IMPORTANT!

The application of a similar dismissal procedure is also possible at the end of the period of validity of a fixed-term employment contract (clause 2, part 1, article 77 of the Labor Code of the Russian Federation). This is directly provided for in Part 3 of Art. 127 of the Code.

Guilty actions include not only those named in paragraph 1 of Art. 81 of the Labor Code of the Russian Federation, but also other offenses that serve as grounds for disciplinary action. In particular, such cases include the events named in clause 4 and part 1 of Art. 83 Labor Code of the Russian Federation. also impossible to apply a similar option for terminating employment relations in the event of the death of an employee (clause 6, part 1, article 83 of the Labor Code of the Russian Federation).

IMPORTANT!

Approving vacation followed by dismissal is the right, not the obligation of the company (Part 2 of Article 127 of the Labor Code of the Russian Federation). Except when such an obligation is expressly stated in local regulations or employment contracts. Moreover: if an employee who has committed a disciplinary offense requests this, because of which they want to part with him, the employer is obliged to refuse him.

Settlement with an employee

An additional payment upon dismissal with prior provision of leave will be vacation pay, which is issued no later than three days before going on leave.

Table: procedure for calculating and taxing payments with examples

It should be remembered that in cases where an employee on the day of dismissal used more vacation days than he earned, the employer has the right to withhold from his accruals the amount of overpaid vacation pay in a part not exceeding 20% ​​of the total amount of payments.

Providing days of unused vacation before dismissal is one of the forms of exercising the employee’s right to rest. However, this scenario is possible only by mutual agreement of the parties to the employment contract. In the absence of consent, the employer is only obliged to pay compensation for unpaid vacation. In addition, it should be remembered that the number of days of allotted vacation is calculated in proportion to the time worked in an individual working year. And if an employee takes a vacation in advance, the employer can even withhold overpaid vacation pay from his final payment.

The procedure for applying leave with subsequent dismissal

The entire procedure for going on leave with dismissal includes a number of successive stages:

1. Write an application for leave with subsequent dismissal.
2. Issue one order for leave with dismissal or two separate administrative documents - for leave and for dismissal.
3. Fill out a work book, information about your work activity, and a personal card.
4. Calculate and pay vacation pay strictly 3 working days before the start of the vacation.
5. Issue, on the day preceding the start date of rest, a work book or STD-R form, as well as all documents related to work and a full payment of wages.

Procedure for leaving a permanent job

2 weeks before leaving, a letter of resignation is written at your own request.
The two-week period consists of calendar days, including holidays and weekends. The start date of the work period will be the next day after the day the application was written. The procedure for dismissal is as follows:

1. Writing a resignation letter and submitting the petition to the HR department.
2. Preparation of the order. The template for the corresponding order is contained in the approved T-8 forms.
3. Working time. A citizen can continue to work, be on vacation or on sick leave. These factors do not affect the calculation of time.
4. Receipt of documents and calculations (work book, payment of compensation, certificates in the form and other documents upon the written application of the employee related to the performance of his professional duties).

According to general rules, an application for dismissal must be submitted in writing. A sample application will be provided by the HR department or the form can be viewed on resources dedicated to labor legislation on the Internet.

What to write in an application for leave followed by dismissal

The application is made in any form. But it must contain the following information:

• a request to provide unused vacation with subsequent dismissal;
• the number of rest days that the outgoing employee wishes to use.

IMPORTANT!

If an employee does not want to use all the vacation days before dismissal, he is paid compensation for the remaining balance.

• planned start date of vacation;
• the basis for subsequent termination of the employment contract from the list of permitted reasons. For separation at the initiative of the employee and by agreement, one application for leave is drawn up with subsequent dismissal. A separate application for dismissal for any reason is not additionally submitted ;
• employee signature.

A completed sample of filling out an application for leave followed by dismissal can be viewed and downloaded for free from the link below:

SAMPLE APPLICATION FOR LEAVE WITH SUBSEQUENT DISMISSAL

Since the employee plans to go on vacation before leaving, such an application must be submitted no later than 3 working days before it starts. Otherwise, the employer will violate the requirement to pay the required vacation pay (Part 9 of Article 136 of the Labor Code of the Russian Federation). If the document is submitted late , the employee must be asked to rewrite the application taking into account compliance with this deadline.

If he changes his mind about leaving, the employee can withdraw his application for leave with subsequent dismissal within the following periods:

• in case of separation at the request of the employee - before the start date of the vacation;
• if the basis is an agreement of the parties, the revocation can be made before the date of concluding a written contract of care.

To revoke, the employee must submit a separate application asking to cancel the previously submitted document.

How many days does it take to write?

By law, an employee must notify the manager of his intention to resign two weeks in advance. This is necessary so that the manager can select an employee for an open vacancy, as well as make the necessary replacement.

However, in case of dismissal after vacation, this period is not necessary.

If the leave is scheduled, then you can write an application for its provision with subsequent termination of the employment contract.

If your vacation schedule does not provide for it in the near future, then you can write a statement, but the issue of granting the request will be decided individually.

In most cases, the manager can refuse the employee time off and simply pay compensation upon dismissal.

If the employee and the manager managed to agree, then they can use the days not taken off completely, or partially , but partially, and receive compensation for the remaining days. This point is being discussed with management.

Taking a vacation followed by dismissal has its positive sides for both the employer and the employee.

The employee does not need to work 14 days, since he is already registered at the enterprise for these days, and the employer knows that the employee will not be able to withdraw the application and change his mind during this time.

How to issue an order for vacation followed by dismissal

After receiving the application and approval by its manager, it is necessary to issue an administrative document for leave and dismissal. In this case, there are 2 options for its design:

1. Create one single order for vacation with subsequent dismissal in any form.

ORDER FOR LEAVE WITH SUBSEQUENT DISMISSAL: SAMPLE

2. Issue a separate order for leave and an order for dismissal - either in free form or using forms No. T-6 and T-8, respectively.

These documents, regardless of the chosen filling option, must contain the following items:

• data of the employee who is being processed for leave with subsequent dismissal;
• the name of the leave and the period for which it was granted;
• start and end date of vacation, its duration in days;
• reason for dismissal with reference to the relevant article of the Labor Code of the Russian Federation;
• reference to statements that serve as the basis without which it is impossible to properly formalize the granting of leave with subsequent dismissal.

How to write correctly at your own request?

There is no need to write two separate statements - about granting paid leave and about dismissal at your own request; one document is enough, which will contain a request for leave with subsequent dismissal. This is precisely the wording contained in Article 127 of the Labor Code of the Russian Federation, and it should be used.

The text should indicate the following points:

• fact of request;
• the correct wording is vacation followed by voluntary dismissal;
• start date of vacation time;
• reference to Article 127 of the Labor Code of the Russian Federation.

It is not necessary to write the number of vacation days you want. The HR department will independently calculate unused vacation days and provide them in full before dismissal.

The completed text should be certified with your signature, the document dated and handed over to the responsible employee.

Next, the manager reviews the application and puts his resolution on the document. If the decision is positive, the necessary orders are drawn up and accruals are made.

.

How to make an entry in the work book and issue it upon dismissal after vacation

The employee must be issued a work book or STD-R form (if choosing the electronic option) on the day preceding the start date of the vacation . There are no special rules for making a record of dismissal in this case . Moreover: there is no need .

IMPORTANT!

The date of dismissal will be the last day of vacation. And you need to remember this when filling out your work book.

The entry must include the wording of the grounds for dismissal strictly in accordance with the Labor Code of the Russian Federation with reference to the relevant article. Also, the employer must send information about dismissal to the Pension Fund of the Russian Federation using the SZV-TD form.

IMPORTANT!

If an employee falls ill during the vacation period with subsequent dismissal, the date of departure does not change and the vacation is not extended (letter of Rostrud dated December 24, 2007 No. 5277-6-1).

If an employee does not work on the last day before vacation, a notification should be sent to him about the need to appear for a work book. If he refused to maintain it on paper, it is enough immediately send the STD-R form to his postal address by registered mail with notification.

Application Form

The legislation does not impose any special requirements for the application. It must be written, personally signed by the resigning employee, and contain a clearly expressed intention to terminate the employment relationship. Indication of articles of the Labor Code, specific reasons and other additions make sense only if they serve as a justification for special conditions, for example, refusal to work.

The application for leave must contain an indication of the nature of the leave (regular, extraordinary, at your own expense, etc.), as well as its start date and duration. The remaining requirements are the same - handwritten signature and written form.

Both statements (or one general one) are written addressed to the head of the enterprise. You can use a form, or if you don’t have one, a white A4 sheet. The left corner remains free, starting from the middle to the right edge the title is written: position and full name of the manager in the accusative case, position and full name of the person being fired in the genitive case. Just below is the word “Statement”, and then the main text, ending with the signature and date of writing.

Example of an application with a standard working period

The key in the application is the request to dismiss at your own request

How many days in advance should an application be submitted?

There is no strictly established time frame for applying for leave, especially if the approved schedule is followed. Receiving additional or extraordinary rest presupposes the fundamental consent of management, so there is also no need to determine the time of preliminary notification. On the contrary, voluntary dismissal requires advance notice to the employer. Except for the cases discussed above, this period is two weeks.

Despite the well-established term “working off”, the time between filing an application and dismissal is given to the employer to find a new employee to replace the quitting employee. In other words, if for some reason an employee does not go to work (vacation, illness, etc.), then he does not have an additional obligation to work for some more time in the same place. After all, nothing prevented the employer from looking for a replacement, even if the employee is on vacation.

Conflict-free completion of the employment relationship allows you to draw up documents by mutual agreement. In this case, the parties can themselves determine the date of dismissal, the duration of the vacation, and the need for work. If an agreement could not be reached, the employer may refuse to grant the leave request, citing production needs. Perhaps a good way to avoid this situation would be to first write an application for regular leave, and then submit your resignation while on vacation. The deadlines in this situation remain the same - the application must be submitted to the company two weeks in advance.

Withdrawal of a submitted application: how to write correctly + example

The legislation establishes that it is allowed to withdraw an application on any day before dismissal, however, in the case of a vacation, this right is limited: the application can be withdrawn only before the first day of vacation (Article 127 of the Labor Code). The Labor Code also provides for “silent” recall, when the company does not formalize the termination of the employment agreement and the employee does not insist on dismissal. In this case, the employment relationship is resumed without additional registration. However, the method is not very reliable - the employee may simply not show up for work, and the employer has the right to announce on the last day that he has decided to satisfy the application. Therefore, it is better to express your intentions in writing.

An application can be withdrawn in several ways:

• Write a new application with a request to cancel the old one and submit it to the employer.

  
  The new application must indicate the date of the withdrawal.

• Contact the office and make a handwritten inscription on the previously submitted application for its cancellation.
• Officially notify your employer of your intention using a registered letter or telegram.

In some cases, management has the right not to take into account the withdrawal of the application and formalize the termination of the employment agreement in accordance with the employee’s original intention:

• If a new employee has already been hired for the vacant position.
• If a written invitation is sent to a new employee.
• If an application is received from a candidate who, by law, cannot be refused employment.

It is not always possible for an employer, even with a strong desire, to accept the withdrawal of an application

When renewing an employment agreement after withdrawing an application, it is necessary to cancel the relevant order (with a new order) and the entry in the work book (with a note of cancellation with reference to the order). If the dismissal has not yet been carried out according to official documents, you can limit yourself to a mark on the canceled application.