Dismissal immediately after voluntary leave: what date to dismiss?

Normative base

If the decision to leave your previous job was not made spontaneously, you can and should prepare for it. The basics of the process are set out in the Labor Code of the Russian Federation:

• Article 80 – settlement at the initiative of the hired person, notification must be sent no later than two weeks before the desired date;
• Article 78 – agreement of the parties on the departure of a specialist; termination of the contract can be carried out within one day;
• Article 72.1 – transfer to another place or elected post;
• Article 127 – termination of the contract after the end of the next vacation.

In the case of using all unused days of paid or unpaid rest before leaving, the last article 127 describes only the separation mechanism. In personnel documents and labor documents, you must indicate one of the general grounds listed in Art. 77 Labor Code of the Russian Federation.

This method of dismissal is also suitable for those who were hired on a fixed-term contract, Art. 59 Labor Code of the Russian Federation. The date of actual separation will be the last day on the vacation order, even if it extends beyond the validity period of the original contract.

How to go on vacation with the intention of quitting after it ends?

There are two possible scenarios for the employee and his employer:

Articles on the topic (click to view)

• Fine for late payment of vacation pay
• What to do with unused vacation
• What to do if your employer does not pay vacation pay
• How long after employment is vacation allowed?
• Is maternity leave taken into account when calculating pensions?
• Accounting for compensation for unused vacation
• Dismissal while on maternity leave

1. The employee was sent to rest, and after that he decided to apply.
2. The person announced his resignation in advance and appeals to the employer with a request to terminate the employment contract after the end of all unpaid vacations.

Based on this, the step-by-step algorithm of actions will vary. In the first case, you need to take into account that you can avoid working off work only if the vacation duration exceeds 14 calendar days. Then it follows:

1. Document your leave (at a minimum, get a copy of the order granting it).
2. No later than two weeks before your planned return to work, write a statement of intent to leave. To avoid problems with the employer, it is better to make a copy of the application with the manager’s visa and the fixed date of acceptance of the document.
3. If the application does not indicate the desired date for termination of the relationship, the contract will be terminated exactly two weeks later. The countdown begins from the next calendar day after registration of the written request.
4. You can come for payment on the last day of the contract, that is, on the 14th day after the official delivery of the application to management. Then they will give you your work book.

The option of dismissal after using all accumulated vacations is possible only by agreement with management. Without his consent, the employee will not be able to obtain a deferment of the payment date due to the required rest. If the employer still does not object, then the action plan looks something like this:

1. It is necessary to contact the employer in writing with a request for dismissal under the conditions described in Article 127 of the Labor Code (after using all vacation days).
2. By agreement, vacation can begin either immediately after submitting the application or after two weeks.
3. Pay and work slips will, in fact, be issued the day before the start of the vacation.
4. The moment of final separation will be the last calendar date of the vacation.

In fact, termination of employment after using all vacations extends the insurance and work experience for the period of paid rest. If the employee asked for unpaid days off, then only 14 days will be included in the length of service.

Is it possible not to allow an employee to go on vacation before dismissal?

First of all, let’s figure out whether the employer is obliged to let the employee go on vacation in such a situation. Let us say right away that in most cases such an obligation does not arise. There are only two circumstances when an employee must be given leave before dismissal:

1. The company has approved a vacation schedule, and the vacation of the resigning employee falls exactly at the time before dismissal . That is, in fact, the employee decided to work until the vacation included in the schedule in advance, and after that not to go to work.
2. The employee is a parent, guardian or trustee of a disabled child under the age of 18 or belongs to another category of persons entitled to leave at a time convenient for them .

If the situation is different, then the employer does not have an obligation to allow the employee to go on vacation before dismissal. The parties must come to an agreement.

If the resigning person goes AWOL, this will be considered absenteeism . As a result, an employee may be fired for absenteeism in accordance with paragraph 6 of part 1 of Article 81 of the Labor Code. The rightness of the employer who fired the absentee employee is confirmed by the letter of Rostrud dated December 24, 2007 No. 5277-6-1, as well as judicial practice, for example, the appeal ruling of the Supreme Court of the Sakha Republic dated June 3, 2015 No. 33–1849/15.

Next, we will consider the situation if the employer and employee managed to agree on the provision of leave before dismissal.

Can an employee change his mind?

Russian legislation leaves the employee the right to change his own decision to leave. But in order for the employer to agree with this, the following deadlines must be met:

• According to the rules of Article 80 of the Labor Code of the Russian Federation , a written application can be withdrawn before the end of the notice period, even if during this period the employee is on vacation;
• If the registration is carried out in accordance with norm 127 of the Labor Code of the Russian Federation , the application must be withdrawn before the first day of vacation; a later application will not be taken into account by the employer.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

If the employee’s decision took management by surprise, then this is not a reason to prevent him from leaving or recall him from leave. Any such attempt will be regarded as illegal, unless, of course, there is the written consent of the employee himself, Art. 125 Labor Code of the Russian Federation.

A change in the decision to dismiss must be reflected on paper; without a written response, it will be impossible to prove your position.

Is it possible to dismiss an employee on the last day of vacation without his application?

Any employer initiatives without the knowledge or consent of the employee will be considered illegal. Excluding options with deliberate deception of employees, the employer should still support the oral statement of the hired specialist with written confirmation.

In the event that an employee himself wishes to terminate cooperation after the end of his vacation, management must proceed as follows:

1. Record the employee’s initiative on paper, even if the relationship with him remains unspoiled.
2. In the dismissal order, indicate the end date of the vacation if the resignation was announced before it was formalized.
3. If the application was submitted after the start of the vacation, then the calculation must be made on the first day after the end of the vacation period.

Formally, this last day (according to the schedule) will be considered full work.

What entry will be in the labor record?

Regardless of how and when the employer was warned, clause 3 of Art. will be indicated in the employee’s work book as the basis. 77 Labor Code of the Russian Federation. The difference will be noticeable only in the dates:

• the last day of the agreed vacation (paid or unpaid);
• the day of termination of the contract will occur 14 days after the application is delivered to the management.

According to Art. 140 of the Labor Code of the Russian Federation, payment of all debts and compensations must be made on the last working day, that is, on the day of actual presence at the workplace.

Pros and cons of such dismissal

In order not to regret the consequences of an incorrect decision, you need to take into account all the positive and negative aspects of its implementation.

This is important to know: How much vacation is required after 6 months of work?

In addition, the entire period of unused vacation will be included not only in the insurance period, but also in the continuous professional experience. This is important, first of all, for doctors, teachers, miners, workers in hazardous industries and other specialists who are subject to certification or preferential pension provision.

A way to quit on the last day of vacation using the mechanism of Art. 127 of the Labor Code of the Russian Federation, is more suitable for those who have not used their right to rest with guaranteed payment for a long time. Such a procedure will allow the specialist to immediately begin searching for a new place, being fully confident that he will not be kept at his previous location for another two weeks.

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All dismissal options

Labor legislation provides an individual and his employer with the right to several options for voluntary termination of employment relations. Let's try to figure out how each of them applies to the case when the author of the application is on vacation legally granted by the management of the enterprise.

At your own request

If an employee decides to resign on his own initiative during vacation, he can do this in two ways:

1. submit both applications (for leave and for dismissal) at the same time;
2. submit a letter of resignation while on vacation.

How to draw up an application for leave followed by dismissal is described in detail here.

The employer can stop the first option on his own initiative: he is not obliged to provide the employee with such leave, knowing that after its end he will have to part with the person. Thus, granting leave under such conditions is solely the prerogative of the manager.

The second option is ideally applicable if the period of compulsory two-week work ends on the last day of the ongoing vacation. On the last day of vacation/work, the resigning employee must be given all the documents required by law, namely:

• dismissal order;
• work book with a corresponding entry about the reason, Labor Code article and date of dismissal.

The same applies to the final payment of wages and other required financial payments.

The vast majority of individuals resign of their own free will in this way - while on regular vacation. In this case, the ideal option for providing management with a letter of resignation is to send it by registered mail. A notification of receipt and a description of the attachment are required.

If the employee’s vacation time is not fully included in the 14 days that are given for working off, the management of the enterprise has the right to require the resigning employee to complete these days. Of course, if the manager agrees to let the employee go earlier, these two weeks lose any meaning.

By agreement of the parties

This is the easiest way to terminate an employment relationship, due to the fact that both parties agree on the dismissal procedure in advance. Accordingly, Article 78 of the Labor Code is not very voluminous. There are no restrictions for this procedure: dismissal can be initiated either in writing or orally. The basis for dismissal will be clause 1 of Article 77 of the Labor Code.

In the absence of a written agreement, to which the application makes a direct reference based on the requirements of the Labor Code, two documents serve as evidence that both parties have reached such an agreement - an employee’s statement and a dismissal order signed by the head of the enterprise. Judicial practice confirms that in this case the parties’ agreement on dismissal is considered to have actually been reached. Thus, an order is sufficient to confirm compliance with the procedure. However, having a statement from the employee indicating the reason (reason) will be useful in this case.

For child care

The category of citizens most protected by law are those on parental leave. Employers do not have the right to initiate their dismissal (Part 6, Article 81 of the Labor Code). The permitted methods for terminating an employment contract include:

• termination of a fixed-term employment contract, subject to the absence of vacancies (Part 1 of Article 79);
• own desire (clause 3, part 1, article 77);
• severance of relations by agreement of the parties (clause 1, part 1, article 77);
• liquidation of the enterprise (clause 3 of Article 261).

If an employee (employee) is dismissed from maternity leave by agreement of the parties, he (she) is not required to work the required two weeks. The basis for dismissal is clause 1 of Article 77 of the Labor Code. You cannot be dismissed on maternity leave due to staff reduction or due to failure to complete the certification procedure.

If the liquidation procedure of an enterprise is carried out, an employee (employee) who is on parental leave is subject to dismissal according to a special procedure:

• 2 months before the day of dismissal, he must be notified of this in writing, against signature;
• at the end of the notification period, an order is issued, a work book is filled out with the wording: “The employment contract is terminated (terminated) by agreement of the parties, clause 1, part 1, article 77 of the Labor Code of the Russian Federation”;
• All compensation required by law is paid, as well as severance pay for one month and average earnings for the period before subsequent employment.

Violation of an employee’s rights leads to liability under clause 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation - a fine of 2-5 thousand rubles. for an official, 50-80 thousand rubles. for the employer. In case of violation of rights, the court has the right to reinstate the employee in his position with payment of compensation for forced downtime and material damage.

Without salary

The labor legislation of the Russian Federation does not disclose the mechanism for granting leave without pay with subsequent dismissal of the employee. The only case is dismissal after unused paid leave by the employee (Part 2 of Article 127), both main and additional.

How to draw up an application for leave without pay (without pay) is described in detail here.

A normal alternative to such a procedure can be considered unpaid leave before dismissal. Article 80 of the Labor Code allows an employee to resign while on such leave in accordance with another application - at his own request.

As in other cases, the employee’s last working day is the day of full documentary and financial settlement with him. Back in 2007, Rostrud (letter dated December 24, 2007 No. 5277-6-1) and the Constitutional Court (ruling dated January 25, 2007 No. 131-О-О) confirmed the inviolability of this procedure for those who quit after a vacation without maintaining cash.

How to resign voluntarily on the last day of vacation?

Dismissal on the last day of vacation is possible only at the personal request of the employee; the manager cannot terminate the agreement with a subordinate on his own initiative.

Leaving an enterprise in this way occurs in 2 cases:

• the resignation letter was submitted before going on vacation;
• The employee submitted a request to resign already from vacation.

When a person quits immediately after the end of the vacation, the last day of work is considered to be the 14th day after the notification of intention to leave, which is the final day of rest.

Who cannot be given days off before terminating an employment contract?

In accordance with Article 127 of the Labor Code of the Russian Federation, not all subordinates can rest before terminating the employment agreement; these include the following persons:

1. Seriously violated their duties.
2. Having disciplinary sanctions.
3. Those who have made serious mistakes when working with money or valuable documents.

If an employee is laid off, then after notification of this he has the right to take days off before leaving.

If the decision to quit is made while on vacation

In accordance with the provisions of Russian labor legislation, the employer does not have the right to limit the employee’s desire to write a letter of resignation. He has the right to dismiss an employee who is actually on vacation only in two cases:

1. The initiator of dismissal is the employee who wrote the application.
2. The parties made a mutual decision to terminate the employment agreement (contract).

The employee is obliged to comply with the requirements of Article 80 of the Labor Code, which sets the period for warning about the desire to quit. The employee must do this no later than 2 weeks before the date that will be noted in his work book as the last day of his stay as an employee of the enterprise.

The third case falling within the jurisdiction of labor law is the termination of the enterprise. In the event of liquidation, the employment relationship with an employee who is on vacation is terminated forcibly, with the payment of all monetary compensation provided for by law.

Contract termination procedure

The algorithm for terminating a contract will differ depending on when the application for leave is submitted: while already on it, or in advance with subsequent dismissal.

In addition, there are nuances if the vacation is provided in advance. The main difference lies in the procedure for final payment to the employee.

If a subordinate decides to rest before leaving

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

If leave is granted, for example, from August 1 to August 29, then the official day of dismissal will be the 29th, and the issuance of compensation and documents to the subordinate must be made on the final day when the person is present at the workplace.

Algorithm for terminating a contract:

1. Providing subordinates with a statement of desire to terminate the agreement with the boss.
2. Agreeing with the manager on the nuances of termination of work (if there are disagreements).
3. Receipt of documents and all payments before the 1st day of vacation.

Even when the last working day is a day off, the manager is still obliged to terminate the employment contract with the employee on this date.

You cannot take 2 vacations at once before leaving. Additional days will be compensated when calculating dismissal payments.

For reference! For management positions, the period for submitting an application for leave before termination of employment is 1 month.

If a person submits an application while already on vacation

A person who is already on vacation can also leave on the final day of vacation. In this case, the procedure for dismissal and calculation is as follows:

1. Submitting an application in person to your boss or by mail.
2. After receiving the dismissal order, the boss signs it.
3. An order is issued to terminate the contract with the employee.
4. A person receives the final payment.

If a subordinate submits a request for dismissal during the rest period, then the calculation will be made after 14 days of notice. That is, if a person submitted a document for leaving on March 1, then the countdown of 2 weeks will begin on the 2nd, and he will receive work papers and monetary compensation on March 15. In this case, it is important that at least 14 days of the required days off remain, otherwise after that the employee may be asked to stay at the workplace until the warning period expires.

Features of calculation if a person rests in advance

It happens that a person takes a vacation in advance, that is, according to the schedule, it is too early to give days off, but the boss provides them. If during this period the employee decides to resign of his own free will, then up to 20% of the amount for days not worked can be deducted from each compensation due to him. In this case, personal income tax must be deducted from each payment. But under certain circumstances, the employer does not have the right to deduct this percentage from the subordinate’s compensation. For example, if he is drafted into the army or the company is liquidated.

If the payment due to dismissal is less than the employee’s debt for vacation taken in advance, then the director may demand the required amount through the court or refuse to collect it.

Nuance! The director himself decides whether to provide unscheduled rest to a subordinate before he leaves the organization or not. This is the right, not the responsibility of the leader.

How is calculation made upon dismissal after vacation?

When dismissing on the initiative of an employee after he returns to work from vacation, two situations are possible when the employee:

• goes on vacation with subsequent dismissal - here the date of termination of the employment relationship will be the last day of vacation, and an application for this is submitted even before going on vacation;
• decides to quit while on annual leave or immediately after it - the date of termination of the employment contract will be the day that follows after the end of the two-week period allotted for warning the employer.

Depending on when the employee decides to resign on his own initiative, the calculation is made. Let's figure it out.

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When are severance payments made?

Payment upon dismissal is made on the last working day of the dismissed person (Parts 3–4 of Article 84.1 of the Labor Code). If the employee was not at work on that day, then payments are made no later than the next day after the dismissed person submits a request for payment (Article 140 of the Labor Code of the Russian Federation).

For information on how to make final payments to an employee upon dismissal, read the ready-made solution “ConsultantPlus”. If you don't already have access to the system, get a free trial online.

If an amount of money was left for a dismissed employee on the day of termination of the employment contract to make a settlement with him, but he did not show up for the money, then these funds can be kept in the cash register for only 5 days (clause 6.5 of the Central Bank Directive dated March 11, 2014 No. 3210- U). After the end of this period, the money is deposited and returned to the bank. If the vacation after which the employee decided to resign was provided in advance, then the amount of overpaid vacation pay is withheld from the dismissed person in an amount not exceeding 20% ​​of the salary (paragraph 5, part 1, art. 137, part 1 of article 138 of the Labor Code).

Calculation before vacation with subsequent dismissal

The moment when in this case the employment relationship with the employer is terminated is precisely the last day of vacation. However, the payment of the amounts due to the dismissed person must be made before he goes on such leave - on the last day of work (determination of the Constitutional Court of Russia dated January 25, 2007 No. 131-О-О).

On this day, the employee should be given wages and payments stipulated by agreement with the employer in the employment contract (collective agreement). In this case, vacation pay must be paid, as expected, three days before the start of the vacation (Part 9 of Article 136 of the Labor Code).

In the case when, while on annual leave, an employee sends a request to the employer for another leave (this time with subsequent dismissal), the head of the enterprise has two scenarios for the development of events:

1. Due to the fact that granting leave with subsequent dismissal instead of making compensation payments for unused vacation days is the right, but not the obligation of the employer, the head of the company may refuse to satisfy this desire of the employee. Then the employee returns from vacation, works out the remaining time of up to 2 weeks (and if there is no time left to work, then submits a request to the employer to pay him) and receives all payments due to him.
2. In the event that the employer satisfies the request of an employee who wishes to resign and grants him another leave with subsequent dismissal, they agree on the date for the calculation and issuance of the work permit; in this case, the employee may not go to his workplace after the end of the annual leave and immediately go on leave with the next dismissal after its completion.

Is it possible to withdraw an application?

When leaving on the last day of vacation at his own request, the subordinate has the right to change his decision and remain at the enterprise.

In the following cases, a person can withdraw an application:

• before the start of the rest;
• until a new employee was invited to take his place.

If a person decides to stay in the organization while on vacation, he can try to withdraw his application, but the manager has the right to refuse him.

Possible options

There are several possible situations related to dismissal after vacation:

• the application can be submitted before going on vacation, simultaneously with the vacation pay.
• the employee decides to resign while already on vacation and submits an application.
• You can quit after taking the required days off.

Depending on the circumstances, a calculation is made. It must be completed on the last working day. If an employee plans in advance to go on vacation with subsequent dismissal, then he is paid before the start of the vacation, while he is still at his workplace. If you wish to resign while on vacation, the date can be agreed upon individually with the employer.

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As for employees on maternity leave, they can also decide to resign and submit an application. The procedure is no different from that carried out in the case of a regular vacation. However, if someone already occupies a temporary position in this employee’s place, the employer will be able to transfer this employee to a permanent basis, and then the employee will no longer have the opportunity to change her mind and withdraw her application within two weeks.

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Termination of the employment contract at one's own request at this point in time

Labor legislation adheres to a policy of free labor, prohibiting forced labor (Article 4 of the Labor Code of the Russian Federation) and allowing you to resign at your own request (Article 80 of the Labor Code of the Russian Federation) at any time, be it during work, sick leave or vacation: you can write a statement at any time point in time when the employee himself decides.

Termination of an employment contract before or during a vacation allows an employee to avoid working off:

• at 2 weeks – as a general rule;
• 1 month – for directors of organizations, athletes and coaches;
• at 3 days – for interns and employees working under a temporary contract.

Dismissal on the last day of vacation will not relieve the employee of this obligation. Legislatively, there is no such thing as working off: the employee is only obliged to notify the employer in advance (14 days or another period specified above) of his desire to leave, continuing the work process as usual. This period is informally called working off.

Until the end of this period, the employee has the right to withdraw the application and continue working.

Since in accordance with Art. 14 of the Labor Code of the Russian Federation, the deadlines associated with termination of the contract begin to run the next day after the grounds arise (in this case, this is the employee’s statement).

Important! If the desire to leave work appears at the end of the vacation, the employee will have to return to his duties for the duration of his work.

Therefore, the employee will receive at the exit:

• salary worked during this time;
• compensation for 2.33 unused days of the next vacation (since the vacation itself, from which the employee leaves, is included in the length of service).

Procedure

Such termination of an employment contract is carried out according to general rules.

1. Submitting a resignation letter to management.

It is drawn up in writing and contains:

• in the header - the name and position of the head of the organization in whose name the application is being submitted;
• in the main part - a request to dismiss at your own request with reference to clause 3, part 1, art. 77 Labor Code of the Russian Federation;
• date and signature of the employee with transcript.

The employee is required to select the application submission method:

• in person, coming to work on the last day of vacation;
• by registered mail;
• by email (the employee must have an electronic signature).

1. Workout.

It has already been said above that the employee will have to work the required period if he does not have valid reasons specified in Part 3 of Art. 80 of the Labor Code of the Russian Federation (for example, he resigns due to retirement), or if he cannot agree on this with management, in accordance with Part 2 of Art. 80 Labor Code of the Russian Federation.

During work, the employee completes all remaining tasks. For example, employees with full financial responsibility will be required to transfer affairs after management conducts an inventory.

1. Preparation of dismissal orders and personnel documents.

Any changes in the state are recorded by local regulations. When terminating an employment contract with an employee or upon its termination (in cases where neither party initiates the dismissal), the head of the organization issues an Order (using the unified form T-8 or using company letterhead), which contains:

• a link to the contract being terminated;
• employee information;
• the reason for dismissal with reference to the norm of the Labor Code of the Russian Federation (in this case - clause 3, part 1, article 77).

The dismissed person must familiarize himself with this document with his signature.

On the last working day, the HR specialist:

• draws up a work book and personal card of the employee, entering information about dismissal;
• prepares other documents (certificate of income, information on insurance premiums, 2NDFL).

The work book with a package of documents is handed over to the person being dismissed, for which he signs on his personal card, which remains in the organization’s archives.

1. Settlement with an employee.

In accordance with Art. 140 of the Labor Code of the Russian Federation, it includes the employee’s salary, proportional to the days worked. Vacation compensation is controversial because the employee has just returned.

Reference. Since the vacation itself is included in the length of service, and the 2.33 days of vacation established by law are accrued after 15 days worked, the dismissed person will receive a certain amount of compensation.

However, if his previous leave was served in advance, 20% may be collected from the employee’s salary as compensation to the organization.

Rest followed by termination of the employment contract

We may also be talking about another situation when an employee applies for leave with subsequent dismissal. According to all personnel documents, termination of the employment contract will occur on the last day of rest, despite the fact that the last working day will be considered the day before going on vacation.

So, Derbanova E.M. submitted an application for leave with subsequent dismissal on 08/01/2019.

This vacation was not a regular one for her (she was supposed to be sent on vacation at the end of August according to the schedule), but the manager agreed to meet the employee halfway and give her the opportunity to go on vacation.

Derbanova’s last working day, in accordance with her application and two-week work, was 08/15/2019, and on August 16 she was listed as on vacation. The last day of rest is indicated as 09/16/2019, this date will be indicated as the day of termination of the employment contract.

On the last working day (the day before vacation), the employee is given:

• work book and other documents;
• calculation, which includes wage balances (calculation note in form T-61) and vacation pay (calculation note in form T-60).

If Derbanova’s vacation had come in the order of priority on August 16, and she had submitted an application before going on vacation, she would not have had to work 2 weeks.

Termination of contract during holiday

An employee can be fired on the last day of vacation and in one more situation: when submitting an application during vacation.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

Let's say Ivanov L.D. went on vacation for 28 days. He decided not to return from vacation, and 2 weeks before the end of the vacation he handed over to the organization a letter of resignation of his own free will.

• the last day of vacation, the last working day and the day of termination of the contract will coincide;
• the employee must come to work on this day to obtain a work book or agree to have the documents sent by registered mail;
• as a settlement, he will be paid the remaining salary and compensation for the accrued 2.33 unused days of the next vacation.

Summary

• Can I write a letter of resignation on the first day of vacation?
• Can a resignation letter at the end of vacation be written on the first day of vacation?
• First day of vacation
• First day after vacation
• Dismissal on the last day of vacation
• Application for dismissal on the first day of vacation
• I wrote a letter of resignation on the first day of vacation.

Questions

1. Can I write a letter of resignation on the first day of vacation?

1.1. Yes, you can submit your application on the first day of your vacation, or on any day of your vacation. The employment contract must be terminated after a two-week period. With the consent of the employer, the employment contract can be terminated before the expiration of the two-week period. Article 80 of the Labor Code of the Russian Federation.

2. Can an application for resignation at the end of vacation be written on the first day of vacation?

2.1. According to current legislation, you can write a letter of resignation on the first day of vacation. At the end of your vacation, you must be fired.

3. While I was on vacation, I went on sick leave and wrote a letter of resignation. Immediately after the first sick leave was closed, the next day I had an operation scheduled, another sick leave opened. Will I be paid for a second sick leave if I am considered fired after the first one is closed?

3.1. Hello, dear Victoria! Firstly

, the dismissal of an employee at his own request is regulated by Articles 80, 84.1 of the Labor Code of the Russian Federation (in short - the Labor Code of the Russian Federation), which you have probably already become familiar with.
Secondly
, there are no “sick leave” or “sick leave” in Russian legislation.
According to the Procedure for issuing certificates of incapacity for work, approved by Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624 n, in case of temporary disability

a certificate of incapacity for work
by a medical institution .
If the second certificate of incapacity for work is opened for you within 30 days after dismissal, then your former employer will be obliged to pay it to you in accordance with Article 5 of Federal Law No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity.” Article 5. Cases of providing temporary disability benefits 1. Providing insured persons with temporary disability benefits is carried out in the following cases: 1) loss of ability to work due to illness or injury, including in connection with an operation for artificial termination of pregnancy or in vitro fertilization (hereinafter referred to as the disease or injury); 2) the need to care for a sick family member; 3) quarantine of the insured person, as well as quarantine of a child under 7 years of age attending a preschool educational organization, or another family member recognized as legally incompetent in the prescribed manner; (as amended by Federal Law No. 185-FZ dated 02.07.2013) 4) implementation of prosthetics for medical reasons in a hospital specialized institution; 5) follow-up treatment in the prescribed manner in sanatorium and resort organizations located on the territory of the Russian Federation, immediately after the provision of medical care in an inpatient setting. (Clause 5 as amended by Federal Law No. 317-FZ of November 25, 2013) 2. Temporary disability benefits are paid to insured persons upon the occurrence of the cases specified in Part 1 of this article during the period of work under an employment contract, performance of official or other activities , during which they are subject to compulsory social insurance in case of temporary disability and in connection with maternity, as well as in cases where the illness or injury occurred within 30 calendar days from the date of termination of the specified work or activity or during the period from the date of conclusion of the employment contract to the day of its cancellation
. Good luck to you.

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4. Worked for a year. I took some vacation for two weeks. The job is very busy. Before the vacation, I worked without days off for a month. Now they are saying that on the first day they will finish some things again, etc. I'm thinking about quitting after my vacation. Since I have two weeks of vacation left unused, is it possible to write when I leave, I ask for another vacation for two weeks with subsequent dismissal. I just don’t really have the strength to work.

4.1. Hello! Yes you can, in accordance with Art. 127 Labor Code of the Russian Federation.

5. I am now going on vacation for 2 weeks. After my vacation I will go to another job. At the company, everyone who quits works for 2 weeks without fail. If you write a letter of resignation on the first day of your vacation, will the 2 weeks of work countdown begin from that day? Or should I take a vacation and then work for 2 weeks.

5.1. You can write an application for leave with subsequent dismissal; the legislator prescribed 2 weeks to give the employer the opportunity to find a replacement.

5.2. When you provide a letter of guarantee from the employer who will hire you agreeing to a transfer from one organization to another, your current employer dismisses you on the basis of clause 5, part 1, article 77 of the Labor Code of the Russian Federation, transfer of the employee at his request or with his consent to work for another employer or transfer to an elective job (position) day after day.

6. Situation: The employee was notified 2 weeks in advance about the upcoming vacation, he decided to quit after notifying the employer 2 weeks in advance. The day of dismissal fell on the first day of the employee's vacation. They paid vacation pay, forgetting about the employee’s resignation letter. The employee insists on dismissal because... he needs to get a job with another employer. Tell the employer what to do.

6.1. Hello, dear site visitor, if an employee does not go on vacation but has received vacation pay, you can recalculate compensation for unused vacation and fire him.

7. 1. Can I write a letter of resignation on the first day of vacation (17.06) on the last day of vacation (30.06). Will I need to work two weeks after my vacation?

7.1. If you want to resign on June 30, then the application must be submitted to the employer on June 16. (2 weeks before the day of dismissal), otherwise you will have to go to work for one day. Good luck.

8. Can I write a letter of resignation on the first day of vacation (17.06) on the last day of vacation (30.06). Will I need to work two weeks after my vacation?

8.1. Hello. According to the provisions of the Labor Code, Article 80, the Employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter. There are no clauses prohibiting you from submitting this application before your vacation.

9. I work as a postman at the post office, I was offered a new job. Tomorrow is my first day back at my old job. If I write a letter of resignation from tomorrow and immediately leave work, will I get anything?

9.1. Apart from refusing to satisfy your request for dismissal on one day, nothing should happen.

At the initiative of the employer

There are also situations when the employee himself does not want to quit on the last day of vacation, but it is during this period that he is given a work book and a settlement is made with him.

In accordance with Part 6 of Art. 81 of the Labor Code of the Russian Federation, it is prohibited to dismiss employees during their vacation, if the termination of employment relations is not related to the liquidation of the organization. This also applies to the last day of vacation.

Liquidation of an organization

Since liquidation, in accordance with Art. 180 of the Labor Code of the Russian Federation, they warn 2 months in advance (the employee is sent a written notice in which he must sign), a situation with dismissal on the last day of vacation could arise in the following cases:

• the employee was notified in a timely manner, but went on vacation according to the schedule; the liquidation coincided with the last day of rest;
• the employee wrote an application for leave with subsequent dismissal due to liquidation.

Upon liquidation, the employer must:

• notify the employee in a timely manner;
• offer him to resign early, paying compensation for the days remaining before the liquidation of the organization in the amount of the average salary (the employee must write a statement of consent to such dismissal);
• pay severance pay for the duration of employment (within 2 months from the date of liquidation, sometimes this period is extended by 3 months).

Staff reduction

You cannot lay off an employee who is on vacation. But since this procedure is almost similar to liquidation (only in case of layoffs, the employer is obliged to offer the laid-off employee vacancies in the organization), it is necessary to highlight several situations:

• the employee was notified before going on vacation, wrote a statement with subsequent dismissal;
• The employee received notice of layoffs while on vacation and will be fired later, after returning from vacation.

The latter situation is controversial, since labor legislation does not directly indicate that dismissal must be made strictly two months after employees receive the notice . If we turn to the wording, then in Art. 180 of the Labor Code of the Russian Federation contains the words “not less than 2 months”.

Procedure for dismissal during vacation

When resigning during voluntary leave, there are several options for notifying the employer of the upcoming termination of the employment contract. An employee can submit a resignation letter at the same time as submitting an application for leave, but can also submit it while on leave. However, the dismissal procedure itself may differ significantly.

Let us clarify that the employer has the right to refuse to grant an employee leave with subsequent dismissal, since such an obligation is not assigned to him at the legislative level. Leave under such conditions is solely the right of the manager.

If you are planning to resign without leaving your vacation, the last day of your performance of your work duties in the organization (of course, if you submit the appropriate application in a timely manner) will be considered the last day of your vacation. Remember also that after your vacation you should not go back to your previous place of work to receive documents, since making payments to the employee and issuing documents to him is provided for on the last day worked before going on vacation.

On this date, authorized specialists must take the following actions:

1. An order to terminate the contract has been prepared.
2. The corresponding entries are made in the work book (after which it must be handed over to the resigning person).
3. Full payment has been made.

It should also be noted that in addition to the calculation for the period actually worked, you are also paid vacation pay on a general basis. If vacation is partially used, only the unused part of it is compensated simultaneously with the calculation.

If an employee wants to quit while already on vacation, he can come to the employer in person and write a corresponding statement, or write it and then send this document by mail. It is important to note that it is better to send the application by registered mail with acknowledgment of delivery and a list of the attachments, since in this case you will have proper evidence not only of the fact that the letter was sent, but also what kind of letter you sent, who received it and when.

It is also important to understand that if there are less than 14 days left from the moment the employer receives the application until the end of your vacation, the remaining days will need to be worked after the vacation (unless, of course, the employer meets you halfway and does not let you go without working). The 2-week period begins to count from the date following the date on which the employer received the resignation letter.

That is, in general, the date of dismissal of an employee will be considered the day of the end of the 2-week period established for notice of dismissal, even if this day falls during the vacation period. On the day that is the last officially working day, the employer must give the employee his work record and make a full settlement with him.

By agreement of the parties

On the last day of vacation, an employee can be dismissed by agreement with the employer (Article 78 of the Labor Code of the Russian Federation).

Unlike leaving voluntarily, such dismissal can be done in one day . That is, on the last day of vacation, the employee and the employer sign an agreement that includes the terms of dismissal, payments, etc., and the next day, which should have been the employee’s working day, he no longer goes to work.

Important! To carry out such termination of the contract, it is necessary that one of the parties sends a dismissal proposal to the other the day before the last day of vacation.

The proposal can be written (including in the format of an electronic document) or oral in front of witnesses.

After negotiations (it can also be carried out remotely, using audio or video communications), the parties sign an agreement. To do this, the employee will still have to come to work if it is not possible to sign a digital signature.

Unlike a statement, an agreement between the parties cannot be revoked.

For other reasons

These include:

• expiration of the temporary contract or departure of the main employee;
• termination of the contract due to exceptional circumstances (for example, complete disability of the employee).

If the contract expires, the employer notifies the employee 3 days in advance (Article 79 of the Labor Code of the Russian Federation), while when the main employee returns, the temporary one can be notified 1 day in advance, having studied the Order of his dismissal.

Dismissal due to circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation) is formalized within one day.

Who cannot get leave upon dismissal?

There is a category of employees who are not granted leave with subsequent dismissal. Thus, an employee will be denied rest if he:

• missed work without a good reason;
• falsified documents or provided other false information during employment;
• ignored or dishonestly performed official duties;
• was observed at work in a state of alcoholic or other form of intoxication;
• revealed company secrets or disseminated government information;
• intentionally damaged company property, resulting in significant losses;
• stole or embezzled entrusted funds;
• neglected safety requirements, which could cause or lead to serious consequences both for the company and for other employees;
• committed an immoral act or lost the trust of management.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

In this situation, the manager independently decides whether to grant the employee leave. In case of refusal, the person must be paid compensation, the amount of which is calculated individually.

Who can take advantage of this opportunity

Going on vacation and resigning immediately after it ends is, in fact, very convenient, but it is worth mentioning that not every employee can do this. The fact is that only those employees who quit not because of a violation of the Labor Code of the Russian Federation or other local documents of the organization can resign in this way.

So, among the violations that can lead to dismissal are the following:

• When applying for a job and signing an employment contract, the employee used or provided the HR department with invalid or counterfeit documents;
• Violation of work discipline, non-fulfillment or incomplete fulfillment of work duties, violation of labor regulations, etc.;
• Absenteeism without warning, frequent tardiness, which affects the overall performance of the employee;
• Also, if an employee comes to work in a state of intoxication, either alcohol, drugs, or any other state, which does not allow the employee to adequately perform his duties;
• If we are talking about an organization or position that involves cooperation with a trade secret, official or state secret, then the employee is accordingly obliged not to disclose such information, about which the person signs the relevant documents when applying for a job. If this secret is violated, that is, it is disclosed, the employee is also deprived of the opportunity to take advantage of such dismissal;
• Theft, embezzlement or intentional damage to property in the workplace;
• Actions on the part of the employee that led to an emergency event at the enterprise or to an accident, as well as entailing a serious threat of the occurrence of such cases;
• And finally, poor quality work or immoral behavior of the employee, which leads to the desire of the employer himself to dismiss, that is, dismissal does not fall into the category of “at will.”

This is important to know: When and how is it more profitable to quit: before or after the vacation?

It turns out that if you are an exemplary employee, and your bosses have no complaints about the quality of your work and compliance with the work schedule, then you can go on vacation without any obstacles before you quit, thereby replacing your work off.

Procedure

To comply with the dismissal procedure and prepare all documents, you must follow a certain algorithm:

• the employee draws up a letter of resignation in writing and submits it to the manager for review;
• the employer signs the application and submits it to the HR department. After which he issues an order to grant the employee leave;
• the order is registered in the relevant documents and submitted to the employee for review and signature;
• a settlement note is drawn up;
• an order is issued to terminate the employment relationship with the employee;
• the order is registered in the accounting journal and handed over to the employee for review and signature;
• compensation is calculated, all monetary payments due to the employee are issued;
• a record of dismissal is left in the employment record;
• Employees are given all the necessary documents.

Statement

If an employee plans to take a vacation and then resign, then he needs to submit two applications: for vacation and dismissal. However, it is established at the legislative level that the text of both statements can be included in one.

The document itself can be drawn up either in printed or handwritten form. In the second case, you need to use a pen with black or blue ink. The unified form of the document is not approved at the legislative level, which allows the employee to draw it up in any form or use a specially designed form issued by the company’s HR department. The main requirement for the application is the complete absence of errors. It requires information to be reflected:

• on the exact name of the organization, as well as the position and full name of the person in whose name the application is being submitted;
• about the position and full name of the employee who plans to resign;
• about the title of the document – ​​“Application”;
• about an employee's request. This paragraph requires you to reflect the desired start date of the vacation, the exact number of calendar days, as well as a request to terminate the employment relationship.

At the end, you must indicate the date the document was drawn up, the applicant’s signature with a transcript.

The application must be submitted to the HR department or manager. This can be done in person or by registered letter with notification. The document must be submitted 14 days before the desired start date of the vacation.

After reading and signing the application, the manager must issue an order to grant leave, and at the end of it, an order to terminate the employment relationship in the T-8 form. The date of the dismissal order may coincide with the date of dismissal.