The employee leaves on vacation at his own request. When to collect documents? Dismissal on maternity leave

On the basis of Article 80 of the Labor Code of the Russian Federation, before quitting, an employee must work out the required 2 weeks, that is, it would be correct to say, write a letter of resignation two weeks before the day of dismissal.

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It does not even matter if the worker arrives at the moment on the next legal vacation. The employer must accept the application for consideration, and he cannot refuse it.

Cases when dismissal during vacation is possible

Vacation is not a reason for dismissal and termination of employment in case of personal hostility of the employer to the worker, for example, in case of unsuitability, unfinished work by the employee, and even if there is a shortage at the time of dismissal (if the employee is a financially responsible person). All such issues are resolved only in court.

Only possible with:

1. The presence of a written agreement between the parties, which indicates the term for the termination of labor together.
2. Forced termination of the organization's activities, when carrying out further labor activity impossible.
3. Company liquidation.

The employee must be notified at least 2 months before the day of the upcoming dismissal. The warning period can be reduced only in case of bankruptcy, complete liquidation of the enterprise. However, such a wording must be included in work book.

If such an entry is not made in the labor one, one can suspect a trick on the part of officials. Dishonest employers often do this when they want to get rid of an unnecessary subordinate as quickly as possible, although in fact the enterprise continues to operate successfully.

If the employee disagrees with this verdict, he can also claim his rights. If the employer is convicted of lying and dishonesty, he may file statement of claim to court.

Can an employer fire an employee who is on annual leave?

An employee cannot be fired while on vacation. This is prohibited by the labor code. Dismissal is possible only with the complete liquidation of the enterprise and the cessation of all activities by it.

However, when the employee himself expresses his will to quit during the vacation period, nothing should prevent this. The main thing is to comply with the deadlines for submitting an application, i.e. 2 weeks before the expected day of dismissal. On the part of the employer, it is timely consideration of the application and the conduct of the dismissal procedure in an appropriate way.

There are no restrictions in the law if an employee wants to quit while on vacation or on sick leave. Only according to the norms of the law, an employee must be recalled from vacation to write and submit an application.

Vacation leave options

An employee can quit during vacation in two ways:

1. Apply for resignation while already on vacation.
2. Write a request for leave with subsequent dismissal.

When you are on vacation, you need to write a statement of care, but two weeks before the expected day of leave. In this case, the employee has the right not to go to work, to take all the days off. Further, after the issuance of the order, appear only to receive the calculation and work book.

If the duration of the vacation is less than two weeks, the employee will still have to work the remaining days before the dismissal. If, on the contrary, the vacation is long, then there is no need to go to work. The employee on the order will be dismissed 2 weeks after the application is submitted, and he will also remain entitled to compensation for all due days of vacation.

An employee can write with subsequent dismissal, but in this case he will be left without compensation for unused days, since the vacation pay has already been received earlier.

At the same time, the employee may simply no longer go to work. He is not obliged to work the days of the week after the vacation in case of timely submission of the application, i.e. not later than 14 days before the end of the holiday period.

Once a year, the employee is granted a legal vacation, and the employer does not have the right to dismiss the employee during the entire vacation. At the same time, working out the prescribed 2 weeks after serving on vacation and when submitting an application two weeks earlier and the end of this period is not mandatory.

Dismissal procedure

The dismissal procedure is not a complex structure, but it is still necessary to follow several steps:

1. Submit an application in form No. 8 for the signature of the head, another official.
2. Contact accounting to calculate debt.
3. After signing the application and the onset of the last working day apply for a calculation, as well as your work book.

An employee of the personnel department should take the procedure more responsibly:

• prepare an order for dismissal;
• take it to the boss for signature;
• make an appropriate entry in the work book.

The employee, in turn, must check the spelling of the wording in the work book, which must be true. That is, the entry is affixed - “by own will”.

It happens that managers want to harm employees in every possible way, they attribute an article, for example, for absenteeism, which is completely impartial for an employee, can become a stumbling block in subsequent employment in a new place. Revenge on the part of the employer in this way is a violation of the labor legislation of our country, therefore it can be challenged in court legally.

The untimely return of the work book is also considered a violation. In case of delay, the employer may be charged a fine in the amount of one average wage of the dismissed employee.

In case of non-use of part of the vacation by the employee, payment for unused days must be compensated by issuing an additional amount of money.

It is allowed to draw up a letter of resignation in free form, but it is still necessary to follow the standard rules, i.e. on paper in the upper right corner indicate:

• Name of the head or organization;
• write the word “statement” in the center;
• in the application, start with the wording “I ask you to dismiss of your own free will”;
• put down the number and signature.

When writing an application in case of staying at home and being on vacation, it can be sent by mail to legal address organizations. If the legal address does not match the actual address, you can send two applications to two addresses.

The employer does not have the right to refuse the worker to accept and consider the application, although this does not mean that he must immediately sign it. He can only mark for a while with a tick, since there is still a two-week work ahead. Only after this period of time has elapsed, the application will be signed without fail.

In the same way, it is not forbidden for an employee to terminate an employment relationship by notifying the employer in advance, that is, 2 weeks before the expected day of departure. On the last working day, a work book, a cash settlement, as well as all certificates of deductions to an insurance company must be issued on a mandatory basis.

Application rules

The application is drawn up in an arbitrary form, no strict compliance with the law is provided. The main thing is to prescribe the basis for dismissal, i.e., the desire to quit of one's own free will. The reflection in the document of the motives and reasons that prompted the adoption of such a decision is not at all necessary.

As a rule, employees usually need to quit urgently and without working out for a really good reason, for example, on the occasion:

• retirement;
• full-time admissions;
• moving to another place of residence.

The reason for dismissal can be communicated to the employer verbally. In the absence of any reaction, it is worth notifying in writing again about your decision, which must be reviewed by an official of the enterprise (organization, firm).

If the motives for dismissal are not clear, they are not specified in the application accurately, then the document may have to be rewritten.

After reviewing and signing the signing by the manager, an order will be issued, with the approval of which the employee must familiarize himself personally, confirm the written by affixing a signature.

It is the last working day that is considered a leave of absence by law, so it is reasonable to indicate in the application the exact date when it is supposed . It is advisable not to allow words with a double meaning in the statement. For example, do not write the date of dismissal as a number, but write with the phrase “I ask you to consider the day of dismissal as the last”.

In order to avoid various nuances and misunderstandings on the part of the employer, the document must be written clearly, clearly and without errors.

Calculation of a retired employee

According to the Labor Code of the Russian Federation, payment is due:

• (if it is provided for in the collective agreement concluded earlier when applying for a job);
• wages for all days worked;
• holiday pay;
• days of sick leave (paid in full).

The dismissal of an employee during vacation involves the calculation on the last working day:

1. To form the total amount of payment The number of days worked in the last 12 months is taken into account. At the same time, payments that have already been made while on vacation, on sick leave or on a business trip are no longer taken into account. The employee has the right only to count on compensation for unused vacation days, as well as bonuses, the calculation for which is made in proportions.
2. The number of days worked per month is taken as the basis, for example - 29. According to the standard, this number is 29.3. In the event of an increase in salary for a given period, income is indexed in relation to the new salary to the old one.
3. Next, the average wage for one working day is calculated, i.e. income as a whole is divided by the number of days worked in a month, including compensation. If the vacation was not previously used (or partially), then the salary for 1 day is multiplied by the number of those unused days.
4. The law does not spell out a clear regulation in the event of dismissal by agreement of the parties. The day of termination of employment is the date indicated in the application. However, it is important to write the application correctly, clearly reflect all your requirements.
5. The employer is obliged, after signing this document, to issue an appropriate dismissal order., and the employee - to familiarize himself with it and confirm his consent with a signature. Further, the document will be certified by the seal of the organization and handed over to the archive.

Has your employee made the decision to quit while on vacation? Then you need to properly draw up the documents and complete all the calculations with it. Our colleagues from the Salary magazine tell how to do this.

Labor Code prohibits the dismissal of employees during their stay on vacation if the employer is the initiator of the termination of the employment contract (part 6 of article 81 of the Labor Code of the Russian Federation). An exception is the liquidation of an organization or the termination of activities by an individual entrepreneur.

If the employee himself expressed a desire to quit during the holidays, then labor legislation does not establish any restrictions. In this case, it is important that the employee complies with the deadlines for filing a letter of resignation, and the employer - the procedure for conducting the dismissal procedure.

Notice period for dismissal

The employee has the right to terminate by notifying the employer in writing no later than two weeks in advance. This procedure is established in part 1 of article 80 of the Labor Code of the Russian Federation. This time is necessary for the employer to search for a new employee for an opening vacancy.

Often in practice, the concept of “warn” is replaced by “work out”. Although even the very concept of “working before dismissal” does not exist in the Labor Code. We are talking about the deadline for filing a letter of resignation - no later than two weeks.

An exception to general rule there are cases when further continuation of work is impossible and the employee needs to quit on a certain day. This may be admission to an educational institution, retirement and other cases when the employer is obliged to terminate the employment contract within the period specified in the employee's application (part 3 of article 80 of the Labor Code of the Russian Federation).

If an employee decides to leave the company for more early term without good reason, then this is possible only by agreement with the employer.

Regardless of the scope of the organization, all employees are endowed not only with duties, but also with rights that are regulated by law. One of the rights of employees is the opportunity to quit their position while on a well-deserved rest. At the same time, the administration does not have the right to initiate dismissal during the vacation of its own free will. But, as in any labor dispute, dismissal on vacation has its own subtleties, which few employees know about, so the employer often violates the law and the rights of subordinates.

According to the labor legislation of the Russian Federation, an employee must inform the administration in writing about his desire to leave his position. The employee must write an application at any convenient time, but no later than 14 working days. This procedure is in place so that the management has time to find a replacement for the one who is leaving. The next day after receiving the letter of resignation, the countdown of 2 weeks begins, which are working off.

Note that although it is possible to send a letter of resignation by registered mail, the last day worked is added as many days as it took to deliver the letter by mail. Upon receipt, the head of the organization is obliged to record it as "incoming correspondence" in the appropriate journal under a specific number.

If, while on vacation, an employee expressed a desire to quit, it may be that he does not need to work for 2 weeks, because they can fall on vacation. The employer does not need to wait until the employee takes time off. You will need to carry out the dismissal on the last day of the working period.

It is possible to quit without a job. In addition, while on vacation, you can not attend work even on the last working shift of working off. In this case, the administration is obliged to issue a dismissal order.

Even if skipped last day working off, management should not recalculate previously issued vacation pay.

At the end of 2 weeks, the enterprise forms an order to terminate cooperation. Then, a corresponding note is made in the work book of the former subordinate, a complete recalculation of all funds received is carried out. According to the Labor Code (clause 1, article 84), the employer is obliged to pay the money in the way that was used before the termination of cooperation (transfer to a card or cash withdrawal).

At the end of the entire procedure, the employer must contact the already former employee and inform him that all documentation has been prepared. The employee must pick up labor and other papers at a convenient time for himself.

Can the boss issue a dismissal during the employee's vacation

There are cases when the authorities can carry out the procedure for dismissing a subordinate who takes a vacation:

• in case of bankruptcy or collapse of the company at the time when the employee was on vacation (in this case, the administration must notify the workers in advance of the upcoming changes);
• when expressing the desire of a subordinate;
• by agreement of the parties.

If the authorities intend to dismiss a person by mutual agreement with him, you need to fill out a bilateral agreement between the participants in 2 copies. This agreement must specify the request to terminate the cooperation and the date from which the employee ceases to perform the assigned duties.

Of course, sometimes an employee manages to peacefully come to an agreement with the employer and not work out the due date. But, as practice shows, this happens quite rarely. Therefore, in legislative framework a list of situations is provided when an employee has the right to terminate an employment contract ahead of schedule, which will be a good reason.

1. A well-deserved retirement.
2. Admission to educational establishments.
3. In the case of a proven fact of a violation by the organization of labor legislation (in such a situation, the subordinate does not act at his own discretion, but only after receiving the appropriate court decision).

In addition, this list can be supplemented by the following valid circumstances and life situations:

• changing of the living place;
• transfer of one of the spouses to work in another city;
• the inability to live near the place of work, which is confirmed by certificates from the medical institution;
• pregnancy;
• caring for a disabled child;
• caring for young children under 14;
• caring for a sick relative;
• disability for health reasons, which is confirmed by medical certificates.

If the management of the organization has decided to refuse dismissal, or does not give the calculation and documents, this is fraught with the imposition of an administrative penalty due to violation of the labor law.

As prescribed in the legislative framework, when terminating an employment contract at the request of a subordinate, if no violation is recorded labor discipline, he is entitled to all unused vacation with the possibility of further leaving the post. So, the date of dismissal is the last day of vacation.

If on the date of dismissal of the worker the period allotted for cooperation between the two parties ends, he is entitled to rest even under those circumstances if the leave is longer than the duration of the employment contract (in full or in part). In this case, the duration of the employment contract is extended until the subordinate has completed the due date.

Such conditions do not apply to dismissals in case of violation by the employee of the points prescribed in the employment contract.

If a subordinate wants to take a vacation and resign from his position on the last day of rest, it is very important to formulate his decision correctly. To do this, in the application for dismissal, the employee must indicate his request to provide unused vacation in full or in part.

Is the employee entitled to change his mind about terminating the employment relationship?

If the subordinate decided to leave and submitted a corresponding application to the administration, of course, he has the right to change his decision. But, the time for reflection cannot exceed 2 weeks, which he will have to work out.

If the worker is to be dismissed after the used leave of his own free will, then he has the right to change his mind only until the time of the leave.

The employer has the right to refuse the worker to remain in the previously occupied position if a new candidate has already been found in his place, which is confirmed in writing. If there is no official applicant, the administration has no right to interfere.

Is it possible to quit during maternity leave is a frequently asked question that interests many young mothers.

According to the law, if a woman is in maternity leave, it is possible to dismiss her only with the consent, and this must be confirmed in writing. Also, during the decree, a woman has the right to send a written statement by mail about her desire to quit.

Unfortunately, there are cases when the administration simply wants to get rid of an employee, forcing her to write a statement with her own hand about her desire to quit, allegedly at her own request or for family reasons. But, such a situation can only be regulated as a dispute resolution. Sometimes it is possible to punish the administration for such pressure and make forced dismissal illegal.

Dismissal during a vacation of one's own free will, when a woman is caring for a child, can be done in 2 ways.

1. Achieve mutual agreement with the employer and certify this documented.
2. Submit a written application by mail.

Please note that while on maternity leave, a woman is exempted from two weeks of work.

Of course, even while on sick leave, an employee has every right to resign from his position. But, the employer is not entitled to independently dismiss an officially ill person without his knowledge and consent.

On the last shift, even if it falls during an illness, the employer must final settlement, issue and certify the order of dismissal. At the same time, a note should be made in the order that the employee is absent from the workplace, so it is impossible to familiarize him with the order. In such a situation, the dismissed employee has the right to come for a work book when he recovers, or give permission to the employer to send the book by mail.

The temporary disability benefit will be calculated within 10 days from the moment the employee provides sick leave. The payment of benefits will be carried out on the next day, which is set at the enterprise for the payment of wages or advance payments.

How to compensate for unused vacation

During the termination of employment relations, an employee who has a part of unused vacation, the employer is obliged to compensate for all unused days of rest in monetary terms. Wherein, monetary compensation additional leave for parents with children is also subject to.

To calculate compensation, it is customary to take into account the average wages. If the employer makes settlements with his employees “in envelopes”, then you should not count on accounting for these funds when calculating the average salary. In this case, it remains only to hope for the decency of the employer.

Features of payments when registering with the Employment Center

If a subordinate, after leaving his position, voluntarily registered with the Employment Center, unemployment benefits are accrued to him, starting from 91 days after registration.

For the first 90 days, the unemployed person receives 100% payments, then 80-90%, in the subsequent period 70%. The duration of receiving benefits is regulated depending on the categories of citizens:

• people of pre-retirement age receive benefits for 720 days;
• citizens who are far from retirement - 360;
• citizens upon completion of their studies at universities - 180.

Since voluntary dismissal is an easy and legal way to avoid two weeks of work, many employees prefer it.

But, remember, in this way the employer can recover from you a certain part of the previously paid money. Therefore, such a solution is not always profitable.

Labor law prohibits the termination of employment with an employee while he is on vacation. But this case does not apply to dismissal of his own free will or due to the liquidation of the firm, organization or enterprise where he works. That is, dismissal during vacation is permissible if the employee himself wished it.

In addition, there are several more good reasons to dismiss an employee during his vacation, for example, if the parties reach a mutual agreement on the need to terminate the employment relationship. In addition to the main vacation, there are also additional, maternity, and childcare. In each case indicated, the enterprise does not have the right to dismiss an employee on its own initiative, only with the complete cessation of economic activity. But the employee himself has every right to quit at any time, he just needs to adhere to the procedural and documentary subtleties of the law.

In what cases is dismissal on vacation allowed?

The employer does not have the right to terminate the employment contract with the employee, on the grounds prescribed in Part 6 of Art. 81 TK. You should wait for him to leave the vacation, and only after that, you can fire him.

As we have already found out, it is impossible to terminate an employment relationship with an employee when he is on vacation, at the initiative of the employer, including redundancy, due to unsuitability, and even due to violation of labor discipline. When is it possible?

• If the employee wrote a statement and wished to quit himself;
• If a written agreement has been reached between the employer and the employee on the termination of the employment contract;
• In case of termination of the activity of the enterprise where the employee is registered.

At the same time, dismissal during the next vacation is allowed, regardless of its duration, or unfinished work by the employee. Even, on the contrary, at the request of the employee, the employer is obliged to dismiss him. And if any issues remain unresolved between the parties, they can be referred to the court for resolution. This often happens when a materially responsible employee is dismissed, when he did not properly conduct an inventory. And after his dismissal, a shortage was revealed.

When an organization is liquidated, its employees must be notified of the upcoming dismissal at least two months in advance. In the case of compulsory bankruptcy proceedings, the law allows for a significant reduction in the warning period. Such a wording of the termination of the employment contract is entered in the work book only if there is complete liquidation, without transferring assets to another firm, without reorganization and other legal tricks that unscrupulous employers often use to get rid of most of their subordinates.

How to quit your job while on vacation

There are two possibilities for an employee to combine vacation and his dismissal. The first option is a dismissal while on vacation, when the employee submits a letter of resignation while already on vacation. The second option is when an employee asks for leave with subsequent dismissal. With each of these options, the procedure for terminating an employment relationship will be slightly different.

Having written an application for resignation while on vacation, the employee has the right, even without going to work, to take off the days assigned to him, after which, to receive an order for his dismissal and documents with a count on his hands. It all depends on the duration of the vacation. If it is less than two weeks, then some time will still need to stay at work. After all, according to the law, you need to warn about your intention to leave two weeks before the dismissal. If it is long, you can expect that after a vacation on given place work will no longer have to go out (if at least two weeks remain from the moment the application is submitted to its completion).

You can ask the employer to provide leave with subsequent dismissal. In this case, compensation for unused days is not paid, since the employee has already used it and received vacation pay. The day of termination of employment will not be the last day of the vacation, but the day preceding its beginning. It was on this day that the calculation should be carried out, the work book was issued in hand. And after the prescribed rest, he simply no longer goes to his workplace.

In the case of sending a letter with a statement of the desire to terminate the employment contract to the address of the employer, there is a dismissal of one's own free will without working off during the vacation. The law does not oblige the employee to complete the prescribed two weeks after the vacation, if at the time of filing the application, such or a longer period of time remains before its end. And any employer should know that it is impossible to dismiss an employee while on a well-deserved annual vacation only if this is the employer's initiative, prescribed in Art. 81 of the Labor Code of the Russian Federation.

The procedure for filing documents for dismissal

While at home, or in any other place, an employee can send a letter of resignation of his own free will to the address of the organization. It is important to remember that the application is sent to the legal address of the enterprise. If the actual and legal address do not match, then it is better to send the application in duplicate, to two addresses at once. Since in the event of a dispute (and it may arise if the employer says that he did not receive any application, or that it was sent to the wrong address), it will be possible to confirm the receipt of the corresponding mail notification of delivery of a valuable letter.

Quitting during vacation is a right guaranteed by law for every employee. Therefore, do not be afraid that the employer will not accept the application, or will not sign it.

By the way, the norms of labor legislation do not at all oblige the employer to sign the employee's letter of resignation. You just need to put a mark on the second copy of the document, which remains in the hands of the employee who wished to quit, on the date of receipt of the application. After all, it is from the next day, after that indicated on the application, that the period of fourteen-day "working off" is calculated. To figure out how to quit during a vacation, you should refer to the norms of the Labor Code of the Russian Federation.

Article 80 of the Labor Code establishes that the employee has the right to terminate the employment contract with the company where he works. The only requirement is to notify the employer two weeks before leaving the position. The law does not establish any restrictions that may allow keeping an employee at the enterprise. On the contrary, on the last day of his work, the employee must be given all labor documents and calculations. Including a work book, along with certificates of income and insurance contributions.

Is it possible not to work for two weeks?

An employee can agree with his superiors, and not finish the allotted time. In addition, the same eightieth article of the Code lists only a few cases in which you can quit early, and which are considered valid in any case:

• retirement;
• admission to study;
• when establishing the fact of violation by the enterprise of labor legislation

In the latter case, the confirmation of the fact of violation of the law is the court decision that has gained legal force, or the order of the labor inspectorate. The employee himself does not have the authority and rights to consider his rights violated just because he does not agree with the decision of the higher management. This list is not exhaustive. In judicial practice, there are explanations in which cases the reason early dismissal is legal. This, as a rule, concerns the illness of close relatives, and the need for an urgent move.

One way or another, dismissal during vacation without working off is to a greater extent preferable for the employee himself than for the employer. After all, he has the opportunity to take his vacation off, and not sit at his workplace for the notorious two weeks. The enterprise, for its part, does not have the right not to dismiss him, or to refuse to issue the calculation and documents, since these actions threaten the company with the imposition of administrative penalties due to violations of labor laws.

It is possible to terminate the employment contract with the enterprise ahead of schedule when an agreement has been reached between the parties. Unfortunately, the norms of the Labor Code do not indicate to us a specific procedure for terminating employment relations, but the labor inspectorate explains that it is not only possible to dismiss with such a wording, but it is also necessary exactly by the number indicated in the employee’s statement, or in a written agreement, which is addendum to the employment contract. Accordingly, when an employee is on vacation on the day specified in the agreement, the employment contract with him is also terminated without his obligatory presence.

Are they fired on maternity leave?

A type of leave is maternity leave. By law, an employee who is on maternity leave can be dismissed only at her request, when she indicated in writing her will. A woman can send her application by mail even during the maternity leave. It is not uncommon for an enterprise to simply want to get rid of a young mother, forcing her to write a statement, allegedly of her own free will. But this case belongs to the category of dispute resolution, and such a dismissal, in rare cases, can be considered illegal.

Young mothers often have the question of how to quit during parental leave. There are two ways to solve a difficult problem. The first way is a written agreement reached with the enterprise. The second way is to send an application by mail with a request to dismiss from your position. Being on parental leave also frees the employee from the required two-week work.

A case from practice: a young mother, who is on parental leave until she reaches the required age, was fired by the company. Only here, according to the employer, the reason for dismissal can be a change in working conditions and an employment contract, which the employee will obviously not be able to accept, since this is due to moving to another city. The court recognized such a dismissal as illegal, since no one had the right to dismiss her during the vacation period.

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

Can you voluntarily quit your job while on vacation?

Russian law does not prohibit writing and submitting a letter of resignation, even while on vacation. In addition, you can submit a letter of resignation 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 leaving the vacation.

An employee can quit of his own free will even during vacation

When to tell your employer you're quitting

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

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or another federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

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

An employment relationship can be terminated earlier in two cases:

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

The turnaround time may change in some cases:

1. If the employee is on probationary period and decides to quit - it will be 3 days after the date of the employer's notice of resignation.
2. If the head of the company quits, it will be 1 calendar month.

Director of the enterprise or any other employee holding leadership position, must notify about his departure no later than 1 calendar month (or 30 days). During this time, he will be able to bring up to date and transfer projects to another official, and in 2 weeks this is unlikely to be done.

The dismissal of a director is always stressful for the company, so the transfer of cases is given twice as much time

How to quit on vacation of your own free will: an action plan

Each employee has the right to leave his position at his own request. And it does not matter whether he is on vacation or at his workplace at the time of writing the application. At the same time, you can quit your job while on vacation:

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

Write a letter and notify your supervisor of your resignation

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

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

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

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

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

If the employee writes the current, "today" date in the application, the employer has the right to detain him at the workplace 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, 2018.” On the same day - March 14 - I took the application to the head for signature. He signed the document, but said that he would only fire me on March 23 - my last working day. If I wrote the same statement and took it to my boss on March 1, then March 15 would be my last working day in the organization.

Sample of a correctly written letter of resignation.

The employee is obliged to put his signature and transcript (last name, initials) at the end of the application. Then it is necessary to give the letter of resignation to the head in person or send it by letter with notification of receipt. Despite the prevailing opinion that the application for dismissal is submitted only in person, no employer has the right to refuse to receive and read the corresponding application of the employee received by mail.

The letter of resignation can be handwritten or typed.

Sign the letter of resignation

After receiving a letter of resignation, the employer issues an appropriate order - an internal document on termination of employment. This happens on the last day of the employee's work or after the expiration of the two-week working period (if any). An example of a resignation letter.

The 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 occupies 1 sheet of A4 format and contains mandatory information about:

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

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

At the bottom of the document, the data of the head of the organization must be present: 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 work is counted, 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 the T-8 form.

Let me remind you that the order is created by the head 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 application indicates the last day of work - March 15: "I ask you to dismiss me of your own free will on March 15, 2018." The employee was able to read and sign the order only on March 15 - the day he officially left work.

The order to dismiss the employee at his own request

Final settlement upon dismissal

Receive wages and payments 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 stipulated by 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 being hired. If an employee took a vacation at his own expense after 6 months of work in an organization and did not have time to exercise the right to “free vacations”, he can claim them or compensation for their cost - vacation pay upon dismissal.

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

Additional payments called severance pay. They can be paid for:

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

The minimum 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 fully pay off the employee, therefore, in addition to the salary, he will receive the due bonus and compensation for unused vacation

Is the employer entitled to withhold the advance paid on account of vacation

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

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

1. Ask the employee to reimburse the amount of "extra" vacation pay voluntarily.
2. Refuse to refund funds and forget about the amount paid.
3. Apply to the court with a claim to recover the amount of vacation pay from a former employee.

The employer cannot force the former employee to return the overpaid amount to the organization's cash desk and in no case can blackmail or threaten all kinds of punishment 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 the 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- to resolve the conflict between the employer and the subordinate before the trial.

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

Get a work book with a record of dismissal and other documents

The dismissal of an employee is necessarily 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. TK RF.

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 of issue of the order.
3. In the paragraph "Information about the work" the personnel officer indicates the reason for the dismissal.

Upon dismissal of one’s own free will, an entry will appear in the work book: “ Labor contract terminated at the initiative of the employee, paragraph 3 of the first part of Article 77 of the Labor Code of the Russian Federation. And also there will 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. Employment book with a mark on employment in the organization and dismissal. Each entry in the labor must be certified by an authorized person and his signature - CEO, 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 a former employee to pick up a labor document on another day.
2. Help 2-NDFL. In order to obtain a certificate that is mandatory for further employment, the employee must write a written application for its receipt. An employee can request a form any number of times even after dismissal - the employer has no right to refuse.
3. 3 months income statement. To receive the document, the employee must write an application. A certificate is needed to receive disability benefits and other social benefits.
4. Certificate of total earnings for the calendar years preceding the dismissal. It is useful for processing social benefits - temporary disability benefits, for example.
5. Personalized information - calculations for 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 the employer, you must be registered in the compulsory pension insurance system (OPS). If you have SNILS, then you are already in the system. Personalized information will allow you to find out about the formed pension rights or about what pension you will receive tomorrow.

Typically, ex-employees ask for:

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

If you parted ways with the manager and the company as a whole in a good way, ask for a minimum “package” of documents and certificates. The rest, if necessary, you will receive later - when you need it. If the relationship with the employer has become tense, pick up all the documents on the last day of work. Write an application for the issuance of certificates 3 days before leaving, so that the accounting department or the personnel department can prepare them in advance.

How to quit during vacation and not work for 2 weeks after leaving it

The easiest way is to add a request to quit without working off to the application. The employer can accommodate former colleague and "let go" of it.

In exceptional cases, the employer does not have the right to leave the former employee for work, for example, when:

• retirement;
• admission to the full-time department of a university or other educational institution;
• moving to another region for a spouse;
• other valid reason: serious illness or death of a relative.

In other cases, you will have to stay at the workplace for 2 weeks, which are calculated on the next day after the employer received and read the application.

The following scenario is also possible: an employee worked in the company for 10 months and wrote an application for leave. 3 days before the vacation I received vacation pay and on the last day before the holidays I wrote a letter of resignation at my own request. The employer agrees to the departure of the subordinate on vacation, signing the application along the way. In this case, the employee will not have to work out the mandatory two-week period - it will count towards the holidays. This is one of the most successful scenarios for an employee.

What to do if the employer does not accept the letter of resignation

In practice, the heads of the organization are obliged to satisfy the employee's request for dismissal on first demand, although the legislation of the Russian Federation does not explicitly state this. If the employee has decided to leave, he writes a statement and gives it to the manager. It may happen that the employer does not want to let you go and does not accept the application.

No one has the right to force a citizen to work - neither the employer, nor colleagues, nor own parents. Therefore, you need to act like this:

1. Write a resignation letter and mail it to your manager with acknowledgment of receipt. The employer will sooner or later receive and read the letter. He will be able to fire you the next day after reading the application.
2. Give the application to the secretary and take from him a receipt for the acceptance of incoming correspondence. After receiving your application, the employer is obliged to read it and fire you after 2 weeks.

The employer has no right not to read your letter of resignation

Being fired while on vacation, like any coin, has two sides. In the first case, you will receive a long-awaited vacation and bypass a two-week working off. In the second, you run the risk of reimbursing the employer for the advance paid for the days of the upcoming vacation.