Application for leave followed by dismissal: sample 2021

Benefits of the application

This form of application gives obvious preferences to the employee who has decided to resign. The main thing is the time that he gains to look for a new job without losing his seniority and without having to work the required two weeks. For the employer, there are fewer advantages in this situation, but they also exist - the law is followed, more time remains to find a new employee, and good relations with the former subordinate are maintained.

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Requirements that must be met during vacation followed by dismissal

Despite the apparent simplicity, in order for the dismissal to take place legally, it is necessary that certain conditions be met. In particular, it is necessary that the employee has unused vacation, and the employer does not object to him taking time off before dismissal. In addition, dismissal in this way is possible only at the initiative of the employee and only if he did not commit any serious offenses or violations that led to dismissal.

An important condition: even if the employee has not worked for a full year, with this form of dismissal the employer is obliged to provide him with leave of at least 28 days (according to the calendar).
True, only those days that would need to be paid during a standard dismissal are subject to payment.

If the employer does not want to sign such a statement

In most cases, the employer has every right to refuse an employee to use vacation before dismissal. But exceptions are possible. For example, if the vacation time followed by dismissal completely coincides with the vacation period assigned to the employee according to the vacation schedule approved by the enterprise. Also, the employer will be required to agree with the employee’s decision when a clause on such leave is in the dismissal agreement concluded between these two parties.

How to file a resignation on the last day of vacation

The process of terminating employment on the last day of vacation does not have any significant differences from other dismissal situations.

Both when writing an application while on vacation, and in the case of filling out an application before the start of the vacation, the last day of vacation is the day of dismissal. However, the final working day in these cases falls on different dates:

if dismissed during vacation - coincides with the day of dismissal;
when granting leave followed by dismissal, this is the day preceding the start date of the rest period.

Accordingly, the moment of making payments to the employee and issuing the documents required to him also differs for each case:

for vacation followed dismissal - this must be done on the day preceding the start date of the vacation;
if you write an application while on vacation, this is the last day of vacation.

If an employee does not show up on the last day of work, he must be notified by registered mail with a notification of the need to come for a paper work book. If he has switched to electronic registration of information about his experience, he will be sent the STD-R form.

If the employee has a bank card, you can transfer the required amounts to him within the time limits specified above. If he was supposed to receive payment in cash at the cash desk, he should be additionally notified of the need to come for the money.

IMPORTANT!
A similar procedure is used not only for annual paid leave, but also for dismissal at the end of additional leave, as well as leave without pay.

Dismissal procedure

The process of terminating an employment contract with prior use of vacation has a multi-stage structure.

First of all, the employee must write the application . If this procedure is carried out as a result of reaching an agreement on dismissal between the employer and the employee, this document must also be drawn up properly.
Next, the head of the organization issues orders on the employee’s leave and dismissal. The person being dismissed must be familiarized with both of these documents, and with the order of dismissal, even before going on vacation.
Also, before the vacation, the employee is given the settlement payments in full and a work book . The employment date of dismissal must indicate the last day of vacation.
Then all the necessary information is entered into the employee’s personal card and other personnel records.

When should you write?

If an employee wishes to leave the organization of his own free will, then in accordance with Art. 127 of the Labor Code of the Russian Federation, it has the right to choose one of the following options:

write a letter of resignation on your own initiative, work for 2 weeks and receive compensation for all unspent vacation days on the date of departure;
write an application for leave with further dismissal at your own request.

In any case, the employee expresses his desire in the form of an application, which is submitted to the employer for consideration.

That is, the employee has the right to request leave with further termination of the employment relationship under clause 3 of Article 77 of the Labor Code of the Russian Federation (own desire). Labor legislation does not prohibit this.

Important nuances of registering leave with subsequent dismissal:

before leaving the organization, the employee may be given all unused vacation days at the time of termination of the employment contract (this may be a period of more than 28 days);
if the dismissal is related to the termination of a fixed-term contract for which the validity period is expiring, and the employee requests leave with subsequent dismissal, then he also has the right to this. If vacation time goes beyond the scope of the contract, then this vacation can still be granted;
the day of termination of the employment contract is the last day of vacation;
registration of dismissal documents occurs on the day before the start of the vacation period;

You can withdraw your application only before going on vacation (and then provided that another employee is not invited to fill the vacated position in the transfer order).

How many days in advance should I submit?

The deadline for the employee to submit an application is no later than 3 days before the desired date of the first vacation day.

The employer must have time to complete the necessary personnel documentation and pay vacation pay, and this must be done just 3 days in advance.

You can apply earlier. There is no need to work 2 weeks, since the employee first goes on annual leave and then resigns.

Is it possible to withdraw?

The question often arises about what to do if an employee changes his mind and decides to remain in the organization.

You can withdraw your application, but this can be done if two conditions are met:

the vacation has not started yet;
a new employee was not invited to take over as a transfer.

If the vacation has already begun, it means that the dismissal has already been formalized, and the employee cannot change his mind.

Rules for drawing up an application for leave with subsequent dismissal

A unified, legally established sample of such a statement has not been developed; therefore, employees can write it in free form. The main thing is to adhere to certain standards and follow spelling rules.

The document must indicate the name of the organization, full name and position of the specific employee to whom the applicant is applying (usually the director or general director), as well as the date from which the employee would like to go on vacation.

It should also be noted that the vacation is planned with subsequent dismissal.

The document can be prepared either in printed or written form, but in any case it must be certified by a “living” signature. It is drawn up in two copies, one of which remains in the hands of the employee, and the second is transferred to the employer’s representative.

Note in the vacation schedule

Let's talk about another important topic regarding a fixed-term employment contract - the next vacation, inclusion in the vacation schedule, namely, is it necessary to mark the vacation of a “conscript” in the schedule? (if a conscript is accepted for the duration of seasonal work?). No.

To confirm the correctness of this statement, you should refer to the Labor Code.

If you carefully read the provisions of Article 123, you will see that the vacation schedule must include all employees in general - no matter whether they have a fixed-term contract or an indefinite one - but only those with whom the employer-employee relationship will continue next year, and not only in the current one. The procedure for filling out and approving the vacation schedule is presented in this article.

If the contract was signed this year and the company cannot give an exact answer whether to renew it or not, then, accordingly, the director is not obliged to include such personnel in the vacation schedule. However, if this does happen and the temporary employee switches to permanent employment, the manager is obliged to include the newcomer in the general vacation schedule. How to change a fixed-term contract into an open-ended one is described in detail in this article.

An example of drawing up an application for leave with subsequent dismissal

The document has a fairly simple form and its preparation should not cause much difficulty.

First, the addressee of the application , namely, the full name of the employing company (in accordance with registration documents), the manager (the position is indicated according to the staffing table), as well as his last name, first name, and patronymic. Then the employee data . After this, the word “Statement” is written in the middle of the line.
The main part of the document must include a request for annual paid leave, indicating its period (start and end date), as well as duration. You also need to formulate your desire to quit immediately after the end of your vacation.
Finally, the application must be signed and dated.

Is it possible to withdraw such a statement?

The law allows an employee of an enterprise to withdraw such a statement, but only if this is done before the start of the vacation . This is due to the fact that the entire dismissal procedure is carried out before the employee goes on vacation; accordingly, starting from the first day of vacation, the employment relationship with him is actually considered severed.

Also, the employer has every right to refuse to withdraw an application if a replacement has already been found to replace the person being dismissed and the person who received the job offer cannot be refused for certain reasons prescribed by law.

Does the employer have the right to refuse?

An employee has the right to request a vacation with subsequent termination of the employment contract, but is the employer obliged to grant the request?

According to Article 127 of the Labor Code of the Russian Federation, the management of the organization can meet the applicant halfway and formalize this procedure, but the obligations are not fixed in the labor code. This means that the employer independently decides whether to refuse or not.

The employer must understand that when providing this leave, he cannot require the employee to work a mandatory two-week period.

If the application is approved, the employer will take the following actions:

3 days before the start of the vacation - documents for the provision of annual leave (order) are drawn up, vacation pay is calculated and paid;
on the day before the start of the vacation - documents for dismissal are drawn up, due payments are calculated and issued (salary for time worked, other compensation), a work book is issued.

From the moment of going on annual leave, the employment relationship is considered terminated; there is no turning back for the employee.