Can an employee resign while on vacation? Dismissal during vacation at one's own request

The law prohibits dismissal during vacation at the initiative of the employer. It’s another matter if an employee wants to quit due to at will.

Is it possible to resign during vacation if the employee himself wishes to do so? What actions must the employee and employer take to ensure that the dismissal takes place in accordance with the Labor Code of the Russian Federation?

According to Art. 80 Labor Code of the Russian Federation, dismissal at will during next vacation possible if the employee notifies the employer 2 weeks in advance. That is, the employee must write a letter of resignation of his own free will 2 weeks before the expected date of dismissal. Whether he is on another vacation or not does not matter.

If the employee cannot personally deliver his application, he can send it by mail or send it through a principal. The employer does not have the right not to accept the application for consideration.

Dismissal during the vacation period is formalized in exactly the same way as voluntary dismissal in a normal situation. The employee writes a statement and after 2 weeks he is considered dismissed.

Based on the application for dismissal, the employer issues an order in which the employee must sign. Since the employee is on vacation, he cannot always personally sign. In this case, the employer must make a note on the order itself, as well as draw up a report.

After completing the order, the employer must issue a certificate - a calculation, which will indicate all payments due to the employee:

wages for working days actually worked in the month of dismissal;
compensation for unused vacation. If an employee takes the entire vacation and then resigns, then the employer does not owe him anything under this clause, only if the employee has vacation days left for the previous year.
If the employee has not taken all of the vacation, and he still has days left, then the employer must pay compensation for them.
severance pay. And although the Labor Code of the Russian Federation does not provide for the payment of benefits upon dismissal at one's own request, an employment or collective agreement may indicate that the employer undertakes to pay its employees a certain amount of money.

All payments are made on the day of dismissal. During the same period, the employer must issue the employee a work book, which will be filled out in accordance with personnel procedures, as well as labor legislation.

The employer must also provide the employee, upon his written request, with copies of all documents related to the work of this employee. Certificate 2-NDFL and certificate 4N are issued by the accounting department without fail.

If the employer still wants to dismiss an employee during vacation, he can reach an agreement with him and enter into a dismissal agreement “by agreement of the parties.”
Upon dismissal on such grounds, the employer may offer to pay the employee additional compensation.

Is it possible to resign during vacation at your own request? Yes, by following the full termination procedure.

Labor legislation prohibits termination of employment with an employee while he is on vacation. But this case does not apply to dismissal at his own request or due to the liquidation of the company, organization or enterprise where he works. That is, dismissal during vacation is permissible if the employee himself wishes it.

In addition, there are several other valid reasons that allow you to dismiss an employee during his vacation, for example, if the parties reach mutual agreement on the need to stop labor Relations. In addition to the main leave, there are also additional, maternity, and child care. In each specified case, the enterprise does not have the right to dismiss an employee on its own initiative, only upon complete cessation of economic activity. But the employee himself has every right to resign at any time, he just needs to adhere to the procedural and documentary subtleties of the law.

In what cases is dismissal while on vacation allowed?

An employer does not have the right to terminate an employment contract with an employee on the grounds specified in Part 6 of Art. 81 TK. You should wait until he returns from vacation, and only after that you can fire him.

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

If an employee wrote a statement and wished to resign himself;
If a written agreement is reached between the employer and employee to terminate the employment contract;
In case of termination of activity of the enterprise where the employee is registered.

At the same time, dismissal during the next vacation is permitted, regardless of its duration or unfinished work by the employee. On the contrary, if the employee wishes, the employer is obliged to fire him. And if any issues continue to remain unresolved between the parties, then they can be referred to the court for resolution. This often happens when a financially responsible employee is dismissed when he did not properly conduct an inventory. And after his dismissal, a shortage was discovered.

When an organization is liquidated, its employees must be notified of the upcoming dismissal at least two months in advance. In the event of a forced bankruptcy procedure, the law allows for a significant reduction in notice periods. Such wording of the termination of an employment contract is entered into the work book only in the case when a complete liquidation occurs, without transferring assets to another company, without reorganization and other legal tricks that unscrupulous employers often go to in order to get rid of the majority of their subordinates.

How to resign on your own while on vacation

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

Having written a letter of resignation while on vacation, an employee has the right, without even going to work, to take the days off allotted to him, after which he will receive an order of his dismissal and documents in hand. It all depends on the length of the vacation. If it is less than two weeks, then you will still need to stay at work for some time. After all, according to the law, you need to give notice of your intention to leave two weeks before dismissal. If it is long, you can expect that after the vacation you will no longer have to return to this place of work (if at least two weeks remain from the moment of submitting the application to its end).

You can ask the employer to provide leave with subsequent dismissal. IN 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 the employment relationship will not be the last day of vacation, but the day before it begins. It is on this day that the calculation must be made and the work book issued. And after the required rest, he simply no longer goes to his workplace.

If a letter is sent with a statement of desire to terminate the employment contract to the employer's address, dismissal occurs at one's own request without working during the vacation. The law does not oblige the employee to complete the required 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 fire an employee while he is on a well-deserved annual rest only if this is the initiative of the employer, as prescribed in Art. 81 Labor Code of the Russian Federation.

Procedure for submitting documents for dismissal

While at home, or in any other place, an employee can send a letter of resignation to the organization’s address at his own request. It is important to remember that the application is sent to the legal address of the enterprise. If the actual and legal addresses do not match, then it is better to send the application in two copies, to two addresses at once. Since if a dispute arises (and it can 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 fact of receipt by corresponding postal notification of delivery of a valuable letter.

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

By the way, labor legislation does not oblige the employer to sign the employee’s resignation letter. You just need to put a mark on the second copy of the document, which remains in the hands of the employee who wishes to resign, about the date of receipt of the application. After all, it is with next day, after what is indicated on the application, the period of fourteen days of “working off” is calculated. To figure out how to properly quit while on vacation, you should refer to the norms of the Labor Code of the Russian Federation.

Article 80 of the Labor Code establishes that an employee has the right to terminate an 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 work documents and a paycheck. Including a work record book, along with certificates of income and insurance contributions.

Is it possible not to work for two weeks?

The employee can agree with his superiors and not work the allotted time. In addition, the same eightieth article of the Code lists only some cases in which you can resign early, and which are considered valid in any case:

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

In the latter case, confirmation of the fact of violation of the law is a court decision that has gained legal force, or an order labor inspection. The employee himself does not have the authority and right to consider his rights violated just because he does not agree with the decision of senior management. The above list is not exhaustive. In judicial practice, there are clarifications in which cases the reason for early dismissal is legal. This usually 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 and not sit at his workplace for the notorious two weeks. The company, for its part, does not have the right not to fire him, or to refuse to issue calculations and documents, since these actions threaten the company with the imposition of administrative penalties due to violation of labor laws.

It is possible to terminate an employment contract with an enterprise early when an agreement is reached between the parties. Unfortunately, the norms of the Labor Code do not indicate to us a specific procedure for terminating an employment relationship, but the labor inspectorate explains that dismissal with such wording is not only possible, but also necessary exactly by the number indicated in the employee’s application, or in a written agreement, which is addition to the employment contract. Accordingly, if an employee is on vacation on the day specified in the agreement, the employment contract with him is also terminated without his mandatory presence.

Do you get fired while on maternity leave?

A type of vacation is maternity leave. According to the law, an employee who is on maternity leave can be fired only at her request, when she has indicated her will in writing. A woman can send her application by mail even during maternity leave. There are often cases when an enterprise simply wants to get rid of a young mother, forcing her to write a statement, supposedly of her own free will. But this case falls under the category of dispute resolution, and such dismissal, in rare cases, can be considered illegal.

Young mothers often have a question about how to quit while on maternity leave. There are two solutions complex problem. The first way is a written agreement reached with the enterprise. The second way is to send a letter by mail with a request to dismiss from your position. Staying on maternity leave also exempts the employee from the required two weeks of work.

Case study: a young mother who is on maternity leave until her child reaches of the required age, the company decided to fire. Only the reason for dismissal, in the opinion of the employer, may be a change in working conditions and employment contract, which the employee obviously cannot accept, since this is associated with moving to another city. The court declared such a dismissal illegal, since no one had the right to dismiss her during the vacation period.

The general rule is that the employer, on his own initiative, cannot fire an employee who is on vacation (Article 81 of the Labor Code of the Russian Federation). However, if the employee himself wrote a letter of resignation during the vacation period, then there are no prohibitions on terminating the employment contract.

At the same time, in general procedure the employee must notify the employer of his dismissal no later than 2 weeks in advance, which will be counted from the day following the day the employer receives the application (Article 80 of the Labor Code of the Russian Federation). Accordingly, if an employee sends an application by mail, then when determining his last working day, additional days spent on mailing will be added to the work period.

Procedure for dismissal while on voluntary leave

If an employee wrote a letter of resignation while on vacation of his own free will, then the 2 weeks of work will probably include the days of his vacation. In this case, the working period for vacation days is not extended (Letter of Rostrud dated 09/05/2006 N 1551-6). Accordingly, it may turn out that on the last day of work the employee will still be on vacation. But this does not change anything for the employer: the employee’s dismissal will need to be formalized on this last day of work, without waiting for the end of the employee’s vacation. That is, you will need to issue a dismissal order, make an entry in the work book and pay all amounts due to him (Article 84.1 of the Labor Code of the Russian Federation).

While on vacation, an employee may not show up for work on the last day of work. And if payments can simply be transferred to him at bank card, then it will not be possible to transfer the work book. In such a situation, you can send the employee by mail ordered letter with notification of the need to come to the organization for a work book.

Vacation followed by dismissal

If your employee wrote an application for - this is a different situation. The day of his dismissal will be the last day of vacation. However, you will need to issue him a work book and pay him on the last day of work before the vacation.

In this case, the amount of vacation pay must be transferred to the employee in the general manner within 3 calendar days before the start of his vacation (Article 136 of the Labor Code of the Russian Federation). Therefore, it will have to be paid earlier, and not together with “severance” payments.

Dismissal during vacation is prohibited in Russia, but there are cases when an employee has to be dismissed from his position during the planned vacation period. How to properly complete this procedure without violating the law?

Reasons for employee dismissal

Vacation at your own expense is permissible no more than a certain period per year, which is specified in the employment contract. If an employee takes rest more often, it is not profitable to keep him at work.

Registration of a dismissal letter

Dismissal procedure:

Based on the employee’s statement, you need to draw up a dismissal order. It indicates the employee’s full name, position, reason for dismissal, and date. The document below must be signed by the employer and the dismissed person. But if the employee, while on vacation, cannot put his signature, then a note is made in the order and a free form act is drawn up with the signature of several witnesses.

After placing an order former employee must receive payment.

On the day of dismissal, the employee must be given a work book with a note indicating the reason. For example, dismissed at his own request in accordance with Art. 70 Labor Code of the Russian Federation.

In addition to the above, a former employee may require a certificate of income 2 personal income tax and 4 N. You have no right to refuse its issuance.

What is included in the calculation

The calculation includes the following payments:

Salary for the days a person worked in a month before going on vacation. For example, if the vacation began on May 10, then the employee is entitled to wages for working days from 1 to 10.
Compensation for days remaining from vacation. Of course, if the vacation ends on the day of dismissal, then payment is not due. If over the past years there are days left from vacations that have not been taken off, then they must be paid for (Article 127 of the Labor Code of the Russian Federation).
Compensation if the employee took only part of the allotted vacation. The remaining days are paid.
Severance pay, if specified in the employment or collective agreement. Otherwise, according to the law, upon dismissal of one’s own free will, the employee is not entitled to severance pay.

The calculation is issued along with the work book on the day of the date specified in the dismissal order (paragraph 5 of Article 80 of the Labor Code of the Russian Federation).

During vacation, an employee cannot be dismissed without good reason. You should not fire a person from work during maternity or administrative leave. This could end in litigation. If an employee leaves for study, and you, as an employer, don’t like it, you can try to conclude an oral agreement with him and terminate his employment with the consent of the parties. In this case, the employee will require financial compensation for his time. But when work is idle, and it is legally impossible to fire the incumbent, this is a way out of the situation.

Dismissal during vacation is processed in the same way as in all other cases. The only difference in calculation is the payment of compensation for vacation.

Is it possible to quit while on vacation? Labor legislation prohibits terminating an employment contract with an employee who is on vacation.

An exception to the rule is dismissal during vacation at the employee’s own request.

It is impossible to fire a person at the initiative of the enterprise, but the employee himself can vacate the position at any time, observing the rules labor law.

Answering the question: “Is it possible to quit while on vacation?” Let's turn to the legislation. The Russian Labor Code determines that an employment relationship can be terminated when:

The company is being liquidated or individual entrepreneur ceases its activities. In this case, employees must receive warning of their upcoming dismissal 3 months before its expected date. The period is reduced only if the organization was forcibly declared bankrupt.
A written agreement between the employer and employee stating that the employment contract is terminated is also legal.
At the request of the employee himself (dismissal during and after vacation at his own request).

Procedure for submitting documents for dismissal

An employee is required by law to inform the employer no less than before the day of proposed dismissal.

This is done so that the HR department or the manager himself selects a new employee for the vacancy without interrupting the “production process.”

This period is often confused with, but this is a substitution of concepts: the Labor Code says nothing about such responsibilities, we are talking only about filing an application.

You can submit your application either in person or in writing; recall from vacation is not required. It is sent to the legal address of the company; when the actual and legal addresses do not match, it would be better to send two forms to both addresses at once: this guarantees the absence of disputes if the employer claims that the letter was not received. Management has no right to refuse to consider an application.

A letter is sent to the manager indicating the preferred date of dismissal. It can be sent including:

by fax (keeping the original);
Russian Post;
commercial delivery service.

If you choose postal delivery, send the application by certified mail and be sure to keep the postal receipt of receipt: by law, the signature or consent of the manager is not required.

If the application is submitted in person, it must be registered in the office. The right of dismissal for an employee is established by law; he is only required to notify the director of his desire in writing 14 days in advance.

Is it possible to quit while on vacation without working?

The employee is not required to be at the workplace for the last two weeks; he can agree to this if he is invited, but only if he wishes.

The employer has no right to interfere with dismissal or documents - this would be a violation of the law and would cause serious problems.

The employee is only obliged to give notice of his departure, and not actually remain at the workplace for another two weeks.

If an employee decides to terminate the contract early, without waiting 14 days, he can ask management about this, Labor Code does not contain restrictions.

If the employer is against it, the law defines several reasons for the immediate termination of the employment contract:

the enterprise violated labor legislation(in this case there must be a decision of the court or labor inspectorate);
the employee faces an urgent move;
illness of close relatives is also a valid reason.

Do you get fired while on maternity leave?

Is it possible to quit while on maternity leave?

Legal reasons for dismissal on maternity leave:

Liquidation of the enterprise. Enterprises are notified in advance about upcoming structural changes, and on the day of dismissal in the column work book reasons for staff reduction are included.
Agreement of the parties. If a mutual agreement is reached, there is no need to write an application: a written agreement is concluded, on the day of which a paycheck and a work book are issued.
At your own request. Such dismissal is no different from ordinary dismissal - an application must be submitted to the manager 2 weeks before the expected vacancy of the position.

Child care benefits will be paid by social security, and after registration with the employment service, one of the benefits will need to be waived.

It is prohibited to fire:

a mother whose child is under three years old;
a single mother with a disabled child under 18 years of age;
single mother with a child under 14 years old.

Is it possible to quit before going on vacation?

Allowed, subject to the rules of working relations.

There may be two options with different calculations and design:

submit an application while already on vacation;
apply for a request to provide .