Dismissal after vacation at your own request

General dismissal

Let us remind you that the general procedure for dismissal at the initiative of an employee is prescribed in Art.
Labor Code of the Russian Federation (LC RF). The employee must notify the manager in writing of his intention two weeks in advance. The countdown begins from the moment the employer receives the application. The last day of work is the date specified by the employee. If there is no date on the application, then 14 calendar days after submission of the application. On the last day of work, the organization is obliged to issue the employee a work book and, upon written request, other documents related to the work, as well as pay him wages for the last days, compensation for unused vacation and other amounts due by law.

Contour.Personnel: convenient mechanisms for auto-filling orders for vacation, dismissal, hiring.

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Is it possible to quit after vacation?

From the point of view of legislation, namely Article 80 of the Labor Code, the priority is the issue of notifying the employer of the intention to terminate the employment agreement. At this time, the employee may perform his job duties or be absent from the enterprise, for example, on vacation or sick leave.

If the reason for absence is unexcused - absenteeism, then the employer can change the article under which the citizen is dismissed. The majority of employees must notify management 14 days before leaving work. If you have a vacation during this time, you can leave the organization immediately after the vacation.

For your information

If the reason for exclusion from the list of employees at the initiative of a citizen is the inability to continue labor interaction in connection with, for example, entering a university or reaching retirement age, then the organization must fire the employee within the time frame specified by him.

It should be remembered that working time may be reduced or absent if management does not need the employee’s services. In this case, dismissal is possible within 24 hours from the date of filing the relevant application.

For your information

The procedure for dismissal of military personnel serving under a contract has significant differences from the usual ones, therefore, if you want to terminate your service, you should be guided by the Federal Law “On Military Duty,” in particular, Article 51.

Application submitted before vacation

The right to use vacation before dismissal is provided for in Part 2 of Art. 127 Labor Code of the Russian Federation. And here several options for the development of the scenario are possible.

The first case is when the decision to quit has matured quite a long time ago. If the employer does not object, the employee writes an application for leave with subsequent dismissal.

Vacation pay, according to Art. 136 of the Labor Code of the Russian Federation, the accounting department accrues payments no later than three days before the start of the vacation, but the employee will receive the final payment and work book only on the last day before the vacation. The official moment of separation, recorded in the work book, will be considered the calendar date of the end of the vacation.

If the employee's leave is shorter than the notice period, the employer can accommodate and dismiss the employee before two weeks' notice. Otherwise, the employee has options: work first, and only then take off unused vacation days, or go on vacation, and then go to work for the remaining days. In the latter case, he will receive the final payment and work book as usual - on the last day of work.

It should be recalled that the employer is not obliged to provide leave followed by dismissal. In such a situation, allowing leave is the good will of the manager.

About leave with dismissal

The possibility of taking leave with subsequent dismissal at one’s own request is discussed in Article 127 of the Labor Code. Upon written request from the employee, unused vacations may be granted to him with subsequent dismissal.

The first important clause of the legal norm: the provision of rest is excluded if the employee is fired for guilty actions. Only a conscientious and disciplined employee can take the required days before terminating an employment contract. The list of guilty actions for which it is impossible to use vacation days instead of compensation is in Article 81 of the Labor Code of the Russian Federation.

The second important caveat: when characterizing an employee’s right to leave with subsequent dismissal, Article 127 of the Labor Code of the Russian Federation uses the wording “vacations can be granted,” which means that the employer is not at all obliged to provide the employee with rest before terminating the contract. The head of the organization retains the right to refuse even a conscientious employee and pay compensation for unused days in return. Or provide only part of the allotted period for rest, and compensate the rest of the time financially. Explanations on this matter were given by Rostrud in Letter dated December 24, 2007 No. 5277 6-1.

It turns out that an employee can take advantage of the chance to rest before looking for a new job only by mutual agreement with management.

Application submitted while on vacation

It so happens that the decision to quit is made spontaneously. For example, during rest. The employee can submit the application in person, or can send it by mail with a certified letter with acknowledgment of receipt - the two-week period in this case is counted from the moment the manager receives the letter.

The dismissal of an employee on vacation should be formalized in the usual manner: issue an order, make an entry in the work book and make a settlement with the employee. The date of dismissal will be the day indicated in the application or the last day of the two-week notice period. There is no need to recall the employee from vacation.

If your vacation ends on a weekend, you must complete the paperwork and transfer the money on the previous working day.

Regardless of the form and time of notification to the employer, the work book must indicate clause 3, part 1, art. Labor Code of the Russian Federation.

Registration of a work book

The Labor Code, although it operates with the concept of “work book,” does not regulate in detail the procedure and rules for registration. When working with this document, you should rely on Government Decree No. 225 of 2003 and the Ministry of Labor No. 69, issued in the same year.

The notice of dismissal must contain the following information:

No.	Information
1	Record serial number
2	Date of dismissal
3	The fact of termination of the employment agreement and its basis
4	Details of the order to exclude a citizen
5	Signature of an authorized person, sealed with the organization's seal

The fact that a person is on leave before dismissal can be detected if you pay attention to the dates of the order and dismissal. If they coincide or differ by several days, it can be said with a high degree of probability that the person was at work until the last day. If there is a significant difference in dates, it is likely that the citizen was on vacation before his dismissal.

Example

Date of dismissal: 06/01/2018

Text of the entry: The employment contract was terminated at the initiative of the employee, paragraph 3 of Article 77 of the Labor Code of the Russian Federation.

HR specialist: Moshkarova A.S.

Introduced by: Zakirov R.U.

Information about the order: Order No. 55-l dated May 15, 2018

When preparing a work permit, you cannot use abbreviations and abbreviated names; registration is done in water- and light-resistant ink in black, purple or blue.

For your information

If an error is made during registration, it is prohibited to correct it by applying a corrective agent. An additional entry is made indicating the error.

Can an employee withdraw an application?

An employee may change his mind about quitting. In this case, he can withdraw his application at any time until he receives the order and work book. This right is provided for in Part 4 of Art. The Labor Code of the Russian Federation with one caveat: if the employer has invited another person in writing to replace a resigning employee, it is no longer possible to “change your mind.”

Please note: if an employee has written an application for leave with subsequent dismissal in advance, he will receive the documents and payment on the last working day, so he can refuse to terminate the contract strictly before the start of the leave.

Vacation, dismissal, length of service

Workers who have the right to preferential pensions: doctors, teachers, workers in hazardous industries, etc., often ask the question: how is leave followed by dismissal included in the length of service?

The period of annual paid leave, regardless of whether the employee plans to quit, is included in the length of service. During this period, the employee retains his position, average earnings, and insurance premiums are paid from vacation amounts. There are no restrictions on leave followed by dismissal in the Labor Code of the Russian Federation.

But to the question about vacation experience, HR experts do not have a single answer. Proponents of the decision not to include such a period of rest in the length of service for calculating annual compulsory leave argue their position as follows: if the leave is followed by dismissal, a new person can be invited to the employee’s workplace, and the employment relationship with the person leaving actually ends on the last day of work.

Experts who defend the opposite point of view refer to Art. 121 of the Labor Code of the Russian Federation, which states that the length of service giving the right to annual paid leave also includes those periods when the employee did not actually work, but he retained his job, including the time of annual paid leave. There are no clarifications about leave with dismissal in labor legislation. This position is also supported by the fact that the date of dismissal in the work book will be the last day of vacation.

What decision will be made regarding your employee largely depends on the opinion of the territorial branch of the Pension Fund of Russia. Your task is to prepare the documents correctly so that in a controversial situation the department does not have questions for you.

Employee's right to leave

When planning dismissal, an employee can exercise the right to leave. An employee is entitled to paid leave for each year worked. An employee’s working year begins from the moment he is hired, and not from January 1 (Rostrud letter No. 854-6-1 dated June 14, 2012).

At the same time, the right to use vacation for the first year of work arises for the employee after 6 months of continuous work with this employer (Article 122 of the Labor Code of the Russian Federation). This means that if after 6 months of work (provided that this entire period is included in the length of service giving the right to basic leave), an employee applies for leave, then there are no grounds for refusal (letter of Rostrud dated February 27, 2013 No. 155- 6-1). After 6 months of work, the employee has the right to receive the entire annual basic paid leave (for the working year).

By agreement of the parties and based on the employee’s application, the employer may grant leave earlier, before the expiration of the six-month period. Before the expiration of 6 months of continuous work, paid leave must be provided (at the request of the employee):

for women - before maternity leave or immediately after it;
employees under the age of 18, etc.

The Labor Code does not provide for the provision of leave in proportion to the time worked in a given working year (in kind). In accordance with the vacation schedule, vacation for the second and subsequent working years can also be granted in full in the first month of the working year.

An employee may request more leave than is required based on the time actually worked during the working year as of the date of the application. The employer has no legal grounds for refusing to provide such leave. But the employer is not obliged to provide more days than the employee is entitled to under the Labor Code of the Russian Federation until the end of the current working year.

1C:ITS

For more information on the calculation of length of service giving the right to annual basic paid leave, see the section “Legislative Consultations”.

General provisions

When dismissing at one's own request, one proceeds from two norms permissible by law (Article 127 of the Code of the Russian Federation):

Termination of the employment relationship occurs immediately after the required work or without it (by agreement with the administration).
The parties draw up documentation subject to the prior use of the next vacation days. The duration is determined according to standard rules, based on the calculation of 28 days/1 year.

When the resigning employee has taken the required number of days off, no additional compensation is due. When there is no desire in plans to use paid days while maintaining length of service and earnings (for example, if there is another, pre-agreed place of work), the person is paid monetary compensation in accordance with Article 126 of the Labor Code.

What is special about resting before leaving?

When parting with an employer, cordial relations are not always maintained. Often dismissal is associated with conflict, fatigue, and disappointment in work. Then there is a desire to go on vacation, avoiding work and unnecessary appearances at the workplace.

The procedure for dismissal during maternity leave at your own request

The 2-week period before dismissal will begin to count from the first day after the application is delivered to the employer. When the vacation comes to an end before the allotted period of work has expired, you must go to work and wait until the end of the period.

Since two-week work is a right, but not an obligation, the parties to the employment relationship have the right to agree on dismissal without work.

Sample

A sample application for dismissal without service is presented to our attention. As you can see, this document does not have any special elements.

If you want to resign on vacation without working, it is best to first apply for a vacation, and only after that - to terminate the employment relationship. It is advisable that the vacation time be more than 2 weeks. The countdown will begin from the moment you notify your boss about leaving work.

When is it not necessary to work out?

Russian legislation provides for a number of cases when an employee can immediately leave his previous place of work. Employers do not have the right to demand time off from pensioners and students studying full-time.

The following schedules are also provided that allow you not to work out the allotted time:

being on sick leave;
being on vacation;
spouse moving to another area;
presence of disability;
call to military service;
relocation of an employee to another city for employment;
caring for a disabled child or family member (including disabled people of group 1);
pregnancy;
the subordinate has the status of having many children.

In all these situations, there is no need to work 14 days. But that is not all.

Results

Dismissal while on vacation is possible at the request of the employee or objective reasons preventing the continuation of work.

It is prohibited to dismiss during vacation at the initiative of the employer. It doesn’t matter what kind of vacation: paid, at your own expense, educational, etc.

The dismissal procedure is similar to the general procedure. There are nuances in terms of settlements with the employee and the issuance of mandatory documents.

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Structuring

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

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