Applications for dismissal without service (sample). Dismissal without working towards vacation


If an employee, on his own initiative, decides to terminate his employment relationship, then, as a rule, he must inform the employer about this 14 days before his dismissal. However, according to the law, there are options in which the period of service can be shortened, and in some cases it is possible to terminate the employment relationship one day, on the day the resignation letter is written; we will tell you how to quit without service in this article.

There are often cases when an employee warns his employer about dismissal two weeks in advance, but in fact there is no work done, and the contract will be terminated after two weeks.

For what reasons can you quit your job without working?

Dismissal is the termination of the employment relationship between the parties.

It may be dictated by the following reasons:

  • agreement of the parties;
  • the desire of the employee;
  • violation of labor discipline by an employee or commission of other guilty acts;
  • termination of the enterprise's activities;
  • other reasons.

According to general rules, an employee who decides to quit must notify his immediate employer of his decision in advance. The law requires this to be done no later than 2 weeks before the expected event. For example, to quit on the 17th of the current month, the application must be submitted no later than the 3rd. That is, after writing the application, the employee must continue to conscientiously perform his duties as provided for in the job description for another 2 weeks. This period is usually called the working out period.

During this time, the organization must find or train a new employee, and the worker has the right to think about and change the decision made. The right to withdraw a resignation letter remains throughout the entire period of service.

If a working citizen withdraws his application during this period and decides to continue his career in the organization, he does not have the right to refuse. Provided that no candidate has yet been found for his position.

The mandatory period of service can be canceled or reduced by personal agreement with the employer.

In addition, there is no need to work out in the following cases:

  1. The employee is on probation. In such a situation, you can inform about leaving 3 working days in advance.
  2. Termination by an organization of its activities (reorganization, liquidation).
  3. Reduction of company staff.
  4. The working period falls during sick leave or vacation. Upon dismissal, any vacation on which the employee goes is included in working time.
  5. The person is employed under a fixed-term employment contract (seasonal or temporary), the validity period of which is 2 months or less.
  6. Repeated violation of an employee’s rights provided for by the Labor Code of the Russian Federation, an agreement or other legal acts containing labor law norms. For example, delays in wages, refusal to pay for overtime. This fact must be recorded by a labor dispute committee (LCC), a court or a labor safety inspectorate.
  7. The employee was about to resign due to retirement.
  8. The employee belongs to the category of working pensioners. If he quits for the first time after retirement.
  9. The reason for dismissal was enrollment in an educational institution.
  10. The employee belongs to the category of parents with many children (has at least 3 dependent children who have not reached the age of majority).
  11. Transfer of service to another region, city or country of the employee's spouse.

Pregnant women and persons on maternity leave before they reach the appropriate age (1.5 or 3 years) are also required to be dismissed without work.

In addition to the listed cases, you will not have to work off if the reason for dismissal is the person’s inability to fully fulfill his professional duties due to circumstances beyond his control.

These include:

  • permanent disability;
  • doctors’ recommendations about changing place of residence;
  • the need to care for a close relative with a serious illness or disability.

The list of personal circumstances on the basis of which an employee may be released from work is not limited by law. The main condition is to provide documentary evidence of the need to quit urgently.

In addition to cases of reducing the working time, the law provides for the possibility of increasing its period to 1 month. This happens if a person holding a leadership position in the organization (chief accountant, director) resigns. The extension of the term is associated with the obligation to transfer official powers.

If an employee voluntarily decides to reduce his working time and does not show up at work, this will be regarded as absenteeism. This fact will be reflected in the work book: the reason for dismissal will be stated not “at will” (Article 77 of the Labor Code of the Russian Federation), but “gross violation of official duties” (Article 81), which will negatively affect the citizen’s future career.

Basic Concepts

The right to dismiss at one's own request is enshrined in the Labor Code of the Russian Federation. The employee is not required to explain the reasons for leaving; it is enough to write a statement. In turn, the employer can act in two ways:

  • release the employee immediately;
  • assign fourteen days of detention.

As a rule, an additional period is needed to find a new specialist, but if the employee is easily replaceable, then he may not be retained. Let us note that there are categories of citizens and life circumstances in which work is prohibited. For example, retiring or entering an educational institution.

The employee is required to be present on site, if required by management, within two weeks after submitting the application. The absence of a person will be interpreted as absenteeism, which will entail a number of negative consequences. One of them may be dismissal under the article.

There are several legal ways to avoid serving time and avoid being sanctioned. Firstly, we allow sick leave, which is confirmed by a certificate. Secondly, you can go on vacation. We will consider further whether it is possible to resign on vacation without working off.

Correctly filling out a resignation letter during vacation

You need to apply for resignation during vacation according to the general procedure. There are no special requirements for this category of documents. There is no need to indicate in the text that the employee wants to count the vacation period towards the working time. These provisions are subject to additional orders.

There are 2 ways to apply for voluntary leave that a person on leave can use:

  1. Write an application for “leave with subsequent dismissal.” This must be done before going on vacation, simultaneously with the application for leave.
  2. Write a letter of resignation without interrupting your rest time.

If the vacation period completely coincides with the working time, the required documents must be issued and payments must be made on the last working day before the vacation. Although the date of completion of work in the organization will be considered the end of the 2-week period.

An application to the HR department can be submitted in one of the following ways:

  • personally;
  • sent by mail;
  • transferred through a legal representative with a notarized power of attorney;
  • sent to the organization’s email, if such an option is allowed by the company’s internal rules.

To avoid the emergence of controversial situations with the calculation of working time, you should draw up an application in 2 identical copies. One will remain in the HR department, the second employee will take it for himself. The employee’s copy must bear the date of delivery and a mark indicating that the employer accepted the application - a seal, stamp or signature of an employee of the HR department.

If the application is sent by mail, it should be sent by registered mail with return receipt requested.

The application shall indicate:

  1. Details of the parties: data of the legal entity and personal data of the employee.
  2. Requests are made to dismiss from a position (the most common reason is Article 77 of the Labor Code of the Russian Federation - at one’s own request).
  3. Desired date of dismissal.
  4. Date of compilation and personal signature of the applicant.

Please note that in some cases, an employer may legally refuse to provide an employee with leave for the period of work.

Registration of dismissal

Recently, at many enterprises, the program has already considered when it is necessary to issue a dismissal order and issue documents to the employee in order to avoid consequences for the company. For now, simply log into the site and use the calculation calculator to determine when you need to write an application in order to receive a calculation on a specific day. In the same way, you can calculate how many days of vacation you are entitled to if you work a certain period.

It is quite possible to combine several vacations. The design here will have 2 options:

  1. Written before going on vacation. Then all documents, calculations and orders are prepared even before this and are issued on the last working day before the vacation period. In fact, this terminates the employment relationship, although the official date of dismissal is the last day of vacation.
  2. The application is written directly during the vacation period. It can be transmitted in a convenient way. Labor documents, orders and calculations are being prepared for the end of the vacation. The next day after this, the person must be given all this. It is also possible to come on the last day of vacation to collect documents.

Types of working holidays

Vacation is the legal release of an employee from performing his job duties for a certain period of time while retaining his position and salary.
The right to such rest is enshrined in the Constitution of the Russian Federation, the Labor Code of the Russian Federation and other legislative acts. An application for dismissal while on leave without work can be submitted if the employee is on one of the following types of working holidays:

  • annual leave provided to everyone who works under a contract;
  • maternity leave;
  • social (educational, without salary, for pregnancy and childbirth).

A resignation letter written before the vacation or during the period while the employee is on vacation will be grounds for replacing work with vacation days.

If the resignation letter is written on March 3, and vacation is provided from 4 to 17, then you do not need to work out anything. On March 18, such an employee will be considered dismissed. Time is calculated according to the same principle if the application is written during vacation: the remainder of the rest days will be counted as work, starting from the day following the writing of the application. Other days will need to be worked in the general order.

Dismissal at your own request

Getting fired while on vacation is a completely normal situation. In this case, two types of such a procedure can be distinguished: the application can be submitted directly during the rest period or before. In both cases, the employee may not go to the workplace at all. But at the same time, you need to know how to resign correctly, observing all the stipulated deadlines.

Terms of dismissal

Article 80 of the Labor Code of the Russian Federation clearly stipulates that an employee must notify of his desire to leave work 2 weeks in advance. That is, if the application was written on February 1, then from the 2nd to the 15th there will be official work (calendar days are taken into account, not working days). Next, on February 16, the employee must be given all documents, as well as a calculation (wages for time worked, compensation for unused vacation time, severance pay, as well as additional payments, if any, provided for in the employment contract between the employee and the enterprise).

Employees are often interested in whether vacation is considered work upon dismissal. The answer is obvious - the vacation period is included in the working hours. At the same time, it is worth mentioning an important point right away: such leave may not be provided. Simply put, if an employee decides to quit in May, and his vacation (according to the previously approved schedule) is scheduled for July, then the manager has every right not to grant him this right. The only exceptions are certain categories of employees (pregnant women, parents of disabled people, single mothers), who can go on leave upon request. In other situations, it would be completely legal to require the employee to work full time for 2 weeks, and to pay compensation for unused vacation.

A situation may also arise if the employee has a vacation period of less than 2 weeks. This usually occurs in cases where the employee has already used part of the vacation, since initially vacation is granted only if six months have been worked (in this case, 2 weeks have already been worked). In this case, if the employee wrote an application before the vacation, then the entire vacation time will be counted towards the work, and after that he will need to work the remaining number of days.

Example: an application was written on February 1, work will be provided from February 2 to 15, but the employee has vacation from February 2 to February 10. In this case, from 11 to 15 he will have to work more, and on February 16 he will have to pick up the documents and payment.

Time is calculated in the same way; if a person decides to quit while on vacation, then the remainder of the vacation (starting from the day after writing the application) will be taken into account as working time. If this is not enough, then after the vacation you will have to work out the remaining time.

Methods for calculating leave upon dismissal

In order to include vacation in the working hours upon dismissal, you need to know how many days of rest the worker is entitled to. The HR department of the organization is responsible for counting the days of vacation.

The resulting number will depend on the following indicators:

  1. How many full months did the employee work this year? Values ​​that are less than half a month are excluded from the calculation. If the period is more than half a month, it is rounded to the nearest whole month. For example, if the period of work was 4 months. and 21 days, then 5 full months will be used in the calculation.
  2. How many days out of 28 allotted annually fall within the period worked?

If there are unused vacation days from previous years, they should also be included in the calculation.

According to the letter of Rostrud dated October 31, 2008 No. 5917-TZ, in order to calculate the allotted vacation days, you need to:

  • divide the number of vacation days due per year by 12;
  • multiply the resulting value by the number of months worked.

With a standard vacation of 28 days, which is due to each employee, 2.33 days of vacation are calculated for a full month worked. The resulting value is rounded in favor of the employee (Letter of the Ministry of Health and Social Development dated December 7, 2005 N 4334-17).

Employer warning

The employer's warning is not just a courtesy; this fact is due to the obligations that are imposed on both parties when concluding an employment relationship. The fact is that the continuity of production processes is ensured to a greater extent by the integrity of the staff. The loss of one employee from the production chain can negatively affect both the team and, in general, the profit of the organization. The manager must find out about the upcoming castling in advance in order to select a replacement for the vacant seat.

Please note that warning is a two-way process. If the dismissal is the initiative of the employer, then he is also obliged to notify the employee in advance so that he can start looking for a new job and not be left without financial support. Labor laws protect both parties, trying to maintain a balance between the desires of one and the needs of the other.

The Labor Code regulates the process of warning the employer; it has its own terms and form, which can only be changed if mutually desired.

Term

One of the most important indicators when dismissing is the timing. An employee cannot announce his decision to leave on one day. This is due not only to the need to select new personnel to replace the resigning employee, but also to the fact that it takes time to prepare documentation and calculate dismissal compensation.

When resigning at his own request, the employee is required to notify the company management two weeks before the day of departure. This period begins to count after the written application is submitted, namely the next day after it. The specified duration is calculated in calendar days and takes into account not only work shifts, but also weekends and holidays.

This period is important for both the employer and the employee, because during this period a person can cancel the decision made if he changes his mind about quitting. The working period can be shortened in several cases:

  1. Amicably reach an agreement with the head of the organization and resign by agreement of the parties. There is no set work here and you can actually leave at any time.
  2. Submit documents indicating the need for urgent care.

The Labor Code of the Russian Federation provides several reasons that allow you not to work out when leaving at your own request. These include retirement, enrollment in an educational institution, moving to another area, health problems, and others.

Form

In addition to the deadlines, it is also important to comply with the form of notice of departure.

Labor relations are built exclusively on a documentary basis. Each agreement and step is accompanied by forms, papers, and documents. This procedure allows you to adhere to legislative standards and have an evidence base about the agreements reached and decisions made.

Wanting to terminate cooperation with the employer, the quitter writes a statement and submits it to the director of the organization for approval. The established working periods begin to count only from the moment it is submitted and not earlier.

The application is drawn up randomly or on a special form. The rules of record keeping regulate only the general procedure for drawing up applications, so there are no strict criteria and frameworks in this area. When writing it, it is important to remember that it must contain information about who it is being submitted to, on whose behalf and what request is being expressed.

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.

Instead of working off, credit for unpaid vacation

Electronic applications for termination of employment are accepted by many companies, but experts do not recommend using this arrangement. It is unsafe.

How to provide leave followed by dismissal to a citizen with whom a fixed-term employment contract has been concluded? In practice, a situation may arise when an employee writes a letter of resignation and asks beforehand to be granted leave, the end date of which extends beyond the period of validity of the fixed-term employment contract. What should I do? If the employer decides to pay compensation instead of vacation, then there will be no problems. But when leave is nevertheless granted, regardless of the end date of the contract with the employee, the last working day will be considered the last day of leave; the work book has been issued, and payment must be made on the last working day.

Dismissal on vacation without work

Attention And for the rest, compensation is paid.” KOVIAZINA Nina ZaurbekovnaMinistry of Health of Russia In your situation, the employee’s length of service is 7 months 22 days, you need to round it up to 8 months. Letter of Rostrud dated June 23, 2006 No. 944-6.

Therefore, the employee is entitled to 18.64 days of vacation (8 months x 2.33 days).

Since it is not possible to provide vacation for part of a day, you need to provide the employee with 18 days of vacation and pay vacation pay for them, and pay vacation compensation for another 0.64 days.

Is vacation included in work upon dismissal and how to write a letter of resignation

Alexey& (11.07.2013 - 20:29) wrote: In fact, an excellent option, but not entirely accurate. You have to go on sick leave for illness, immediately write a letter of resignation, recover in two weeks - you have to fire on the first day of work. Receive pay, sick leave, and vacation pay. A proven method.

If you go on sick leave and then come to work and write a letter of dismissal, they will write you off as a violation of the sick leave certificate. Therefore, first you need to write a letter of leave. The method is also proven. Important Regarding the fact that I will teach you bad things... I say we get sick leave through the legal method. I specifically clarified this, if you have chronic diseases, then you won’t be able to get sick leave. Let there be at least some kind of verification! The main thing is not to go to work at this time. Let them at least persuade me (they can do it on purpose, under any pretext), otherwise I can again put pressure on violation of the sick leave.

Is it possible to use unpaid vacation as work credit?

How many days of vacation should he be provided and paid for? : Regarding your question, the Ministry of Health explained the following to us. Is it possible to use vacation without compensating for work? How many days of vacation should an employee be given? According to the provisions of the Labor Code of the Russian Federation, an employee has the right to vacation in the number of days for which he worked at the enterprise.

In particular, Art. 122 of the Labor Code of the Russian Federation establishes the rule that vacation is granted for 6 full months worked. However, when calculating the rest period, HR department employees must take into account the fact that if an employee took leave without pay for a period of more than 13 days, then this period interrupts the period of work, which is taken into account when calculating the number of days of leave. In this case, for example, a citizen can first take 13 days, and as a resident, get a few more.

Vacation instead of working off upon dismissal

There are situations when an employee does not have the opportunity to take the entire vacation for the required period. In this case, you can write an application for unused vacation according to the sample and take off the missing days. Employees also often ask to replace vacations with monetary compensation. Read more about all the nuances in our article.

  • Legislative regulation
  • Financial compensation
  • Time off
  • Decor

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, contact the online consultant on the right or call the free consultation numbers: According to the Labor Code of the Russian Federation, all employees are provided with paid leave annually. Its duration is 28 calendar days (Article 115 of the Labor Code of the Russian Federation).

Free legal assistance

In case of refusal to sign, an act is drawn up.

  • Loading page
  • Dismissal due to vacation
  • Dismissal without work
  • Vacation + dismissal? combine correctly
  • Vacation instead of working off upon dismissal
  • Can unused vacation expire in 2021?
  • The employee took his vacation “in advance” and then quit
  • Is it possible to use unpaid vacation as work credit?

Loading page Alexey& (11.07.2013 - 20:29) wrote: In fact, an excellent option, but not entirely accurate. You have to go on sick leave for illness, immediately write a letter of resignation, recover in two weeks - you have to fire on the first day of work . Receive pay, sick leave, and vacation pay. A proven method.

Sample application for unused vacation

In this case, the day of dismissal is considered the last day of vacation. In case of dismissal due to the expiration of the employment contract, leave with subsequent dismissal can be granted even when the vacation time completely or partially extends beyond the term of this contract.

In this case, the day of dismissal is also considered the last day of vacation.

When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his resignation letter before the start date of the leave, unless another employee is invited to take his place by transfer.

you can, but here - the key phrase may be - ... Upon the written application of the employee, unused vacations can be provided to him with subsequent dismissal, the employer may or may not provide - by paying compensation for non-work. vacation... Hello.

  • When and how can you reschedule your vacation, No. 11
  • Transfer of powers of the director and chief accountant during their vacation, No. 10
  • Taxation of amounts of financial assistance for vacation, No. 10
  • Study leave: we provide, arrange, pay, No. 10
  • How to fire an employee on vacation, No. 9
  • Calculation period for vacation: atypical situations, No. 9
  • Changing vacation for a business trip, No. 9
  • Experience for leave “for harmfulness”: we count in a new way, No. 7
  • Vacation + May holidays = ?, No. 7
  • We provide “Chernobyl” vacation, No. 4
  • 2016

Dismissal without working time That is, an employee who is on vacation and then decides to quit, but suddenly falls ill, does not increase the number of vacation days, but is paid sick leave in full; that is, he receives vacation and sick leave money.

If before the start of the vacation the employee gets sick, then according to Art. 124 of the Labor Code of the Russian Federation, vacation must be postponed for a period determined by the employer, taking into account the wishes of the employee. Dismissal on account of vacation It is often problematic to prove the fact of sending a notice of your decision.

When drawing up a competent sample letter of resignation at your own request, it is important to carefully consider its content. What should be written on this paper? Typically the body of the document contains:

  • employee information;
  • request for dismissal;
  • date of termination of the relationship;
  • a link to the fact that you want not to work 2 weeks on vacation (optional).

It is advisable to indicate here the position from which the person is leaving. But this is not at all necessary. Structuring Any sample resignation letter (without or with work) has a certain form of presentation.

And so that the employee does not collect the average salary from your organization for late issuance of the work book, send him by registered mail a notification of the need to appear for the work book (or agree to send the work book by mail) and receive payment. 84.1 Labor Code of the Russian Federation.

Leave with dismissal - we issue a work book on the last day of work to M.A. Sizov, Orenburg. The employee was granted leave from July 2 to July 29, 2012 with subsequent dismissal. We have a normal five-day work week.

On what day are we obliged to fire him, when should we give him a work book and make a payment? : The day of dismissal will be the last day of vacation - July 29, 2012.

Vacation instead of working off upon dismissal Upon written request from the employee, unused vacation may be granted to him with subsequent dismissal (except for cases of dismissal for guilty actions).

Source: https://obrazrp.ru/vmesto-otrabotki-zachet-neotgulennogo-otpuska/

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.

Structuring

Any sample resignation letter (without or with work) has a certain form of presentation. Or rather, structure. If you follow it, then filling out the appropriate paper will not cause any hassle.

In general, the request is no different from any other application. There is a “header” in the upper right corner of the sheet, a title, the main part, and a conclusion. There are no specific elements in the document. And the main part of the statement is often reduced to one sentence. This is a completely normal phenomenon that should not be feared.

Subtleties and nuances

When formalizing the dismissal of an employee immediately after a vacation, you need to take into account some features of this procedure.

These include:

  • If an employee quits without taking the vacation required by law, then in return appropriate monetary compensation is due. Its size depends on the number of remaining vacation days;
  • if the employee has not rested for more than a year, compensation must be paid for all unused periods;
  • if an employee was not on vacation last year, he has the right to take two annual paid vacations at once. This right does not apply to vacation followed by dismissal. In this case, the employee can use one vacation and receive compensation for the second;
  • if the last day of work falls on the last day of vacation, the employee has the right not to come to the organization in person. All necessary papers can be sent by mail;
  • if the application is submitted by postal order, then the working time begins to flow from the moment the employer familiarizes itself with the application, and not from the moment the application is sent.

If the employer does not agree to count the vacation as work and requires the employee to work for another 2 weeks, you need to file a complaint with the supervisory authorities.

In what cases will you have to work out?

It is not always necessary to work 14 days after writing the application. Thus, pensioners who work officially can terminate their relationship with the company at any time. Having accepted the application, you need to count them and give them the work book. That is, the Labor Code does not provide for work for them.


There is also no processing in the following cases:

  • if the application is written by a disabled person or a minor;
  • if there is an additional agreement to the contract, according to which the employer releases the employee on the day the application is written;
  • during the deportation of a foreigner from the state for various offenses;
  • when the employment contract does not provide for the need to work;
  • liquidation of a company or its restructuring, in which departments or other structural units are closed.

In other cases, you will need to work 14 days or go on vacation followed by dismissal.

Cases when there is no need to work out

If the employee intends to resign of his own free will, then in some cases there is no need to continue working for another 2 weeks and the director does not have the right to prohibit this.

In particular, these are the following cases:

  • if the employee entered an educational institution;
  • when an employee retires;
  • transfer of a spouse to another region;
  • if the management of the company violates labor legislation, the terms of an employment contract or collective agreement.

Article 80 of the Labor Code of the Russian Federation states that in addition to the above reasons, there may be other grounds that give the right to dismissal earlier than 2 weeks, the main thing is that all these reasons are due to the inability to continue working for a given employer.

However, you can leave work earlier than the established deadline only if the employer considers the reason for dismissal to be valid.

In practice, leaving work due to the need to care for a child or other sick family members, the employee’s pregnancy, etc. is also recognized as valid reasons.

If the employee is eligible for separation before 14 days, he submits a letter of resignation specifying the date on which he wishes to leave service.

However, the application also indicates the reason for dismissal, which gives the right to exemption from service. It is advisable to keep the second copy of the dismissal and ask the office to mark the acceptance of this document.

If the employer refuses to accept the resignation letter, notice must be submitted by mail with return receipt requested.

Vacation at your own expense before leaving work

In order not to work for another 14 days after submitting your resignation letter, you can take leave at your own expense during this time, however, this type of leave is provided only with the agreement of the director.

However, for some reasons, leave without pay is mandatory:

  • Leave may be granted to pensioners without pay;
  • war veterans;
  • disabled people;
  • parents and wives (husbands) of military personnel;
  • spouses and parents of citizens killed during military service;
  • for employees whose relative has died;
  • on the occasion of the birth of a child;
  • in connection with the wedding.

What day is considered the day of dismissal?

The day the relationship ends is an extremely important date for both parties. By law, it is considered work if it falls on a shift and must be worked in full. And when an employee is on vacation with subsequent dismissal, this is the last day of vacation.

On the day of dismissal, the employee, regardless of whether he has to work or rest on this date, is required to come to the organization to receive personal documents and final payment. The employer is obliged to pay the resigning employee in full in all respects. The citizen is given his work book with an entry on the termination of cooperation, as well as other documents. This can be any certificates or copies of forms that the person has requested. It is extremely important to make cash payments on the day of dismissal. The articles of the Labor Code strictly regulate this issue and do not allow the employer to delay payments even for one day. Money is issued by card or in cash.

Rating
( 2 ratings, average 4.5 out of 5 )
Did you like the article? Share with friends:
Для любых предложений по сайту: [email protected]