Dismissal after vacation

In Article 127 of the Labor Code of the Russian Federation realization of the right to leave upon dismissal of an employee. If you quit your job, and you havethere are unused holidays, you have two options: monetary compensation and dismissal after leave. In the second case, it is not necessary to work out two weeks after the holiday - the last day of vacation will be considered the day of dismissal. This date is also written in the work book.

Leave with subsequent dismissal is granted on the written application of the employee. If an employee is fired for guilty actions(absenteeism, disclosure of official information, embezzlement, etc. - a complete list of such actions can be found in Article 81 of the Labor Code of the Russian Federation on the termination of the employment contract on the initiative of the employer), in which case he can claim only monetary compensation, dismissal after leave such an employee does not have the right.

If the employee leaves because he has expires the term of the employment contracthe may also be granted leave fromsubsequent dismissal in the event that the time of leave is partially or completely outside the term of the employment contract. The day of dismissal, again, will be the last day of vacation.

In the event that the employee resigns at his own request, he has the right withdraw a notice of resignation before the first day of leave (if in his place is not yetinvited another employee in the order of transfer). Once you went on vacation, there is no turning back: you actually stopped working with your employer.

How is the dismissal documented after the holidays? First of all, it is worth considering that about your intention to go on an unused vacation before you need to leave notify the authorities in advance. So, if you quit on your own, this should be done when applying, ie. not later than two weeks.

A request for leave with subsequent dismissal shall be formalized in a written form, while the employee is not required to adhere to the schedule of holidays approved for the current year. If the employee leaves at will, he writes two statements: an application for dismissal and an application for leave.

If dismissal occurs by agreement of the parties, it is necessary to draw up an agreement on the termination of the employment contract, and the employee writes one application - a leave application with dismissal. If reasons for dismissal (for example, staff reduction or othercircumstances that do not depend on the will of the parties), the employee signs the notice, thereby expressing his consent to be dismissed, and writes an application for leave with dismissal.

The employer, in turn, draws up two orders: the order for the registration of the leave and the order fordismissal. To issue dismissal after holiday by one order it does not turn out, since labor legislation makes certain requirements for the processing of documents relating to dismissal and leave. It is advised to execute both orders at once, in order to avoid misunderstandings with end-to-end numbering, fortunately, the dismissal order may be issued in advance.

The employee receives the labor book, calculation and other necessary documents. on the last day of work (ie on the last day before the holiday). In fact, the employment relationship with the employee ends on the first day of leave, and his position is considered vacant.

What to do, if during vacation the employee falls ill? In such a case, a sick leave is made duringleave. The employee is entitled to payment of temporary disability allowance. But in this case, neither the date of termination of leave, nor, respectively, the date of dismissal is postponed.

Leave followed by dismissal is quite lawful practice, if everything is designed correctly. So if you expect to be dismissed after your leave, put the boss in advance. And if you suddenly change your mind about quitting - do this before you go on vacation, then it will be too late.