Did you decide to leave the organization while on vacation? Is it possible to resign of your own free will while on vacation?

Any employee of the organization can exercise the right to dismiss at personal request, even if at that moment he is on vacation. Only one question can confuse you: how to do it legally.

• 2 When to tell your employer about your dismissal
• 3 How to quit voluntarily while on vacation: action plan

  3.1 Write a statement and notify your manager about your resignation

• 3.2 Sign the dismissal order

Is it possible to resign of your own free will if you are on vacation?

Russian legislation does not prohibit writing and submitting a letter of resignation, even while on vacation. In addition, you can submit your resignation letter and go on vacation for 14 days after management has reviewed and signed it. And you won’t have to stay at work for another 2 weeks after returning from vacation.

An employee can resign at his own request even during vacation

Employer's liability

Labor legislation protects the employer from arbitrariness and allows administrative penalties to be brought in the following cases:

1. Refusal to dismiss (not signing the application).
2. Violation of deadlines.
3. Non-return of work book.
4. Late payment.
5. Failure to issue certificates.

It is important for the employer to comply with labor laws by formalizing the dismissal as correctly as possible.

Dismissal at your own request is always possible . It does not matter whether the person is on vacation or at his workplace. All that matters is the desire of the employee and compliance with a simple procedure for terminating the employment relationship.

When to tell your employer about your dismissal?

Communicate your intention to leave the company at least 2 weeks before your planned departure date. This is obligated by Art. 80 Labor Code of the Russian Federation.

An employee has the right to terminate an 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.

Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on December 31, 2017)

You can terminate your employment relationship earlier in two cases:

1. On a voluntary basis - by agreement of two parties (employer and employee).
2. If the employer violated labor laws or other regulations: pays wages once a month instead of the required two, does not record and pay for additional work, does not pay vacation pay 3 days before the vacation, and others.

The working period may change in a number of other cases:

1. If an employee is on a probationary period and decides to resign, it will be 3 days after the date of notification to the employer of resignation.
2. If the head of the company resigns, it will be 1 calendar month.

The director of the enterprise or any other employee holding a leadership position must give notice of his resignation no later than 1 calendar month (or 30 days). During this time, he will be able to bring things up to date and transfer projects to another official, but this is unlikely to be done in 2 weeks.

The dismissal of a director is always stressful for the company, so the transfer of affairs takes twice as long

Right to change your care decision

The 14-day period is also provided by the legislator so that the employee has the opportunity to change his mind and request the withdrawal of his application. However, a refund is possible when:

1. The application was written during the vacation period and the employer did not invite in writing employees who, by law, cannot be refused employment (for example, a pregnant woman).
2. The leave was taken with further dismissal and a new person was not hired to the vacated position by way of transfer. The peculiarity of the situation is that the application is withdrawn before the start of the vacation (Article 127 of the Labor Code of the Russian Federation).

Important

If after two weeks the employer has not terminated the contract and the employee continues to work, then the employment contract between them continues to be valid on the same terms. This does not contradict the law. It is forbidden to interrupt him

How to quit voluntarily while on vacation: action plan

Every employee has the right to leave their position at their own request. And it doesn’t matter whether he is on vacation or at his workplace at the time of writing the application. In this case, you can quit your job while on vacation:

• at the expense of the organization;
• at personal expense;
• for child care.

Write a statement and notify your manager about your resignation.

A written resignation letter is the only official way to notify your employer that you are leaving the company. It doesn’t matter whether it is written by hand or printed on a printer. The content of the document is also not regulated by law, but personnel officers advise adhering to several important rules.

First, in the header of the application, write down who it is intended for and from whom it comes.

To the General Director of Matiz LLC, Alexander Alekseevich Sergeev, from sales manager Arkady Pavlovich Skubko.

Secondly, write very briefly: “I ask you to fire me of your own free will.”

Separately, we note that the application does not need to include the phrase: “I ask you to fire me from ... (March 15, 2021)”, write specifically: “I ask you to fire me at your own request on March 14, 2018.”

If an employee writes the current, “today’s” date in the application, then the employer has the right to detain him at work for another 14 days.

Thirdly, be sure to indicate the expected date of dismissal - the last day of work in the organization.

In my resignation letter, I wrote “I ask you to fire me on March 14, 2021.” On the same day - March 14 - I took the application to the manager for signature. He signed the document, but said that he would fire me only on March 23 - my last working day. If I had written the same statement and submitted it to my boss on March 1, then the 15th would have been my last working day in the organization.

A sample of a correctly written resignation letter is here.

The employee is required to put his signature and identification (last name, initials) at the end of the application. Then you need to hand over the application for dismissal to the manager personally or send it by letter with notification of receipt. Despite the prevailing opinion that an application for dismissal can only be submitted in person, no employer has the right to refuse to receive and read the corresponding application from an employee received by mail.

The resignation letter can be handwritten or typed.

Sign the dismissal order

After receiving the resignation letter, the employer issues a corresponding order - an internal document on termination of the employment relationship. This occurs on the employee’s last day of work or after the expiration of a two-week period of work (if any). An example of a dismissal order is here.

An order is created in one of two forms:

• T-8 when registering the dismissal of one employee;
• T-8a - two or more people or groups.

Form T-8 or T-8a takes 1 sheet of A4 format and contains mandatory information about:

• the name of the organization in the upper right corner;
• document number and date of its preparation;
• the contents of the order with the employment contract number and the date of dismissal.

The content of the order may look like this: “To terminate the employment contract dated January 15, 2021 No. 1-K. Dismiss "on March 14, 2021, full name of the employee, structural unit and position."

If the reason for dismissal was the employee’s own desire, the document must make a reference to his statement.

Reason: statement of A.A. Strelkov from March 1, 2021.

At the bottom of the document there must be information about the head of the organization: position, full name and personal signature.

The order contains 2 dates:

1. In the body of the document, the date of dismissal is the day from which the two-week period of work begins, or the date on which the application itself is dated.
2. The second date is the employee’s last working day.

You can download the order template in form T-8 here.

Let me remind you that the order is created by the manager and signed by the subordinate on the last day of his work.

Suppose an employee wrote a letter of resignation on his own and took it to his manager on March 1. The statement indicates the last day of work - March 15: “I ask you to dismiss me at your own request on March 15, 2021.” The employee was able to read and sign the order only on March 15, the day he officially left work.

Order to dismiss an employee at his own request

Options

How to quit? While on vacation, you can resign using one of the options:

1. Vacation followed by dismissal.
2. Writing a letter of resignation while on vacation, at your own request.

In the first case, the employee does not want to leave the organization immediately, but only after taking a vacation before leaving . The work book is issued before the start of the vacation period.

Money is also paid in advance. The employee takes the required rest and simply does not go to work. But you need to remember that the employer is not obliged to follow the employee’s lead and can refuse leave with subsequent dismissal .

We recommend you the following articles regarding leave followed by dismissal: “Recommendations for registration”, “Rules for writing an application for leave”.

The second option, regardless of the employer’s wishes, obliges him to formalize the dismissal . Is it possible to write a letter of resignation while on vacation? A vacationer does not have to go to work for at least one day to write an application , as many mistakenly read. That is, the feedback that management usually insists on is not necessary.

The employer can be understood. A statement written while on vacation is an obstacle to the notorious “working off.” It will not be possible to drag an employee into the office to complete his work, submit documents, or train another person. The person who writes the application calmly waits for the deadline for the notice to expire and picks up the documents without worrying about unfinished work .

But it is not legal to insist on a review:

1. There is no production factor.
2. The vacationer's consent is missing.

This video details the first option, “Vacation followed by dismissal.” What should you pay attention to and what should you be wary of? Recommended viewing:

Final payment upon dismissal

Receive wages and benefits for unused vacation. On the last day of work of a subordinate, the employer is obliged to pay the employee:

• monetary remuneration for worked and previously unpaid working days;
• other payments provided for in the employment contract, for example, a bonus;
• vacation pay - compensation for unused vacation.

An employee can go on vacation at the expense of the company six months after joining the staff. If an employee took a vacation at his own expense after 6 months of work in the organization and did not have time to take advantage of the right to “free vacations,” he can claim them or compensation for their cost - vacation pay upon dismissal.

An employee will be able to receive bonuses, allowances and remuneration for additional work on the last (calculated) working day at the enterprise.

Additional payments are called severance pay. They can be paid if:

• liquidation of an enterprise and forced dismissal of an employee;
• staff reduction;
• refusal of an employee to work at the enterprise due to changes in working conditions or job responsibilities;
• conscription of an employee into the army;
• inability to work due to health reasons.

The minimum amount of severance pay is two weeks' wages. The maximum is a two- or three-month rate (official salary). Additional payments are not due to an employee who decides to leave the organization voluntarily.

Upon dismissal, the organization must pay the employee in full, so in addition to salary, he will receive the due bonus and compensation for unused vacation

Does the employer have the right to withhold an advance paid towards vacation?

Vacation pay is paid 3 days before the start of the vacation - this is what the law says. If the employee received the money and decided to resign on the same day of his own free will, the employer can withhold vacation pay paid in advance from his salary.

If the amount of paid vacation pay is greater than the amount of withholding, the employer has the right to:

1. Ask the employee to reimburse the amount of “extra” vacation pay voluntarily.
2. Refuse the refund and forget about the amount paid.
3. Go to court with a demand to recover the amount of vacation pay from the former employee.

The employer cannot force a former employee to return the overpaid amount to the organization's cash desk and in no case can blackmail or threaten all kinds of punishments for refusal.

The labor inspectorate usually acts in the interests of the employee and rarely goes over to the side of the employer, even if he behaves lawfully, unlike his former subordinate. However, the director of the enterprise also has rights, for example, the right to compensation for losses that he incurred when paying an advance for unused vacation. How the court will behave in this situation is unknown. But it is obvious that the best way is to resolve the conflict between employer and subordinate before litigation.

Since the court most often takes the citizen’s side, a competent employer will not extort an advance payment for vacation from a former employee

How is the day of dismissal determined?

An employee may, if there is unused vacation, take it off with subsequent dismissal. The date of dismissal is considered the last day of rest, which will be recorded in the work book. This scheme is acceptable for those who have not yet found a new job. This will minimize the chances of interruption of work experience.

Fact

Such leave is not available to employees who have violated labor discipline.

If the completion of current activities needs to be completed faster, it is better to exercise the right to monetary compensation for unused vacation days. The date of dismissal in this case will be the last working day.

Receive a work book with a notice of dismissal and other documents

The dismissal of an employee must be supported by an entry in the work book, provided that the document contains a record of employment in the same organization - this is indicated by Part 5 of Art. 84.1. Labor Code of the Russian Federation.

There are 4 columns in the work book that a HR specialist must fill out upon dismissal:

1. Record number - determined by the number of the previous one. The document has continuous numbering, which must be strictly observed.
2. Date — refers to the date of the employee’s last day of work. The date in the work book coincides with the date the order was issued.
3. In the “Job Information” section, the personnel officer indicates the reason for dismissal.

If you quit at your own request, the following entry will appear in your work book: “The employment contract was terminated at the initiative of the employee, clause 3 of part one of Article 77 of the Labor Code of the Russian Federation.” And there will also be information about the document - the order, according to which the employee was fired.

On the day of dismissal or the last working day, the former employee of the organization is given:

1. A work book with a note on acceptance to work in the organization and dismissal. Each entry in the employment record must be certified by an authorized person and his signature - the general director, for example, and the seal of the organization. If the employee cannot pick up the work book on the day of dismissal, the employer can send it to the addressee by mail, only by prior agreement with him. Or ask the former employee to pick up the employment document on another day.
2. Certificate 2-NDFL. To receive a certificate mandatory for further employment, the employee must write a written application for its receipt. An employee can request the form as many times as he wants, even after dismissal - the employer does not have the right to refuse.
3. Certificate of income for 3 months. To receive the document, the employee must write an application. The certificate is needed to receive disability benefits and other social benefits.
4. A certificate of total earnings for the calendar years preceding dismissal. It will be useful for processing social benefits - temporary disability benefits, for example.
5. Personalized information - calculations of insurance premiums from the beginning of the annual quarter until the date of dismissal with personal data about the employee.

To receive personalized data from an employer, you must be registered in the compulsory pension insurance system (OPI). If you have SNILS, it means you are already in the system. Personalized information will allow you to find out about your pension rights or what pension you will receive tomorrow.

Typically, former employees request:

• form SZV-M for one month of working with personal information;
• form SZV-STAZH - information about the employee’s length of service;
• form SVP-2 - it is needed only for those who are leaving due to retirement.

If you parted with the manager and the company as a whole on good terms, request a minimum “package” of documents and certificates. You can get the rest later, if necessary, when you need them. If your relationship with your employer has become tense, pick up all documents on your last day of work. Write an application for the issuance of certificates 3 days before leaving so that the accounting department or human resources department can prepare them in advance.

When is the calculation made?

Is it possible to independently determine the day of payment and dismissal? You can calculate it if you know the rules for such payments:

1. When on leave with subsequent resignation, it is not equal to the day of dismissal. The first one falls on the last working day before vacation, and the day of dismissal falls on the last day of vacation.
2. If you quit while on vacation, the day of calculation and dismissal coincides: either two weeks after submitting the application or on the day the vacation ends (if the employer agrees).

Fact

Interrupting the vacation too early by leaving the organization (for example, the application is written on the 3rd day, but the vacation lasts 28 days) leads to the employee’s debt to the company.

What documents are issued?

Termination of employment relations is accompanied by the issuance on the day of dismissal:

1. A work book with a record of dismissal (the work book is drawn up as follows: date, basis, order number, seal and signature of the person responsible).
2. Certificates of salary for the last two years.
3. Information on payments of pension contributions.
4. Certificates with tax decoding in form 2-NDFL.
5. Other documents requested in writing by the employee before leaving for receipt.

This is also important to know:
Dismissal - entry in the work book, sample 2021

The severance of labor ties is formalized by order. The employee must read the text carefully before signing the document. The grounds for dismissal are transferred to the work book. The employment record should not contain any errors after the personnel officer has made entries. This should be checked specifically.

Dismissal due to the end of a fixed-term contract

In addition, an employer can dismiss an employee working under a fixed-term employment contract if the term of the agreement has come to an end. In this case, he must notify the employee in advance in writing at least 3 days before the end of the contract. If the contract does not specify a specific date, but is entered into to perform the duties of an absent employee, no prior notice is required. The contract automatically terminates at the moment when the main employee resumes his duties (Article 79 of the Labor Code of the Russian Federation). In this case, a temporary employee may be on vacation, but dismissal will not be a violation of his rights.

Expert commentary

Kamensky Yuri

Lawyer

If the contract expires during maternity leave, the woman has the right to extend its validity until the end of this leave (Article 261 of the Labor Code of the Russian Federation). If we are talking about a pregnant woman, the contract is extended until the end of the pregnancy. In this case, the employer has the right to ask to provide a certificate confirming pregnancy once every 3 months.

Dismissal from maternity leave

Difficulties arise if an employee is accepted on maternity leave. Usually, in such cases, a fixed-term employment contract is concluded with him, but the end date is not a specific date, but the return to work of the main employee. However, if an employee working on a “maternity” rate also goes on parental leave, a logical question arises: can he be fired due to the expiration of the contract? A logical contradiction arises here: on the one hand, the expiration of the contract, on the other, a ban on the dismissal of women raising a child under 3 years of age.

There is no separate provision that would regulate this issue. The practice is that when the main employee goes to work, the person who worked at his rate quits. That is, the provision on termination of a fixed-term employment contract applies. If we are talking about a pregnant woman, then the employer is obliged to offer her all alternative vacancies that are currently available. In this case, the position may be of similar or lower qualifications. The main thing is that a woman can really work there without harm to her health. And only after the employee refuses to change her job does dismissal follow.