How to correctly write a letter of resignation. Documents - samples

Unlike other vacations, annual paid leave that is not used on time can be transferred to the future, and in the event of dismissal, it is subject to compensation to the employee.

Annual paid vacation

Every person who works under an employment contract has the right to leave (Part 5 of Article 37 of the Constitution of the Russian Federation, Article 21 of the Labor Code of the Russian Federation).

At the same time, during the period of the next vacation, the employee, in accordance with labor legislation, retains his place of work (position), as well as his average earnings (Article 114 of the Labor Code of the Russian Federation).

Paid leave must be provided to an employee regardless of his place of work, shift, form of remuneration, position held, term of the employment contract, organizational and legal form of the employer, etc. Therefore, leaves are provided, including to those who work:

• part-time (Article 287 of the Labor Code of the Russian Federation);
• on a part-time basis (Article 93 of the Labor Code of the Russian Federation);
• at home (Article 310 of the Labor Code of the Russian Federation);
• remotely (Article 312.4 of the Labor Code of the Russian Federation).

At the same time, leave is not granted to persons with whom civil law contracts have been concluded (Article 11 of the Labor Code of the Russian Federation).

Regular paid leave: procedure for provision

The working year for which the employee is granted annual paid leave is counted from the date the employee starts work, and not from January 1 (Article 123 of the Labor Code of the Russian Federation).

As for the first year of work with a new employer, the employee has the right to use vacation after 6 months. But by agreement with management, a newly hired employee can go on vacation earlier (Article 122 of the Labor Code of the Russian Federation).

The next paid leave can be granted to an employee at any time during the calendar year in accordance with (Article 122 of the Labor Code of the Russian Federation). Each employer approves such a schedule no later than 2 weeks before the start of the calendar year. This means that no later than December 17 of the current year, a vacation schedule for the next year must be drawn up and approved (Article 123 of the Labor Code of the Russian Federation).

If an employee is going on vacation as scheduled, then there is no need to take an application from him for another vacation. In this case, it is necessary to send him a notice of vacation 2 weeks before the start of the employee’s vacation or earlier against signature (Article 123 of the Labor Code of the Russian Federation). There is no approved form for such notification, so the employer has the right to decide for himself how to notify the employee (Rostrud Letter No. 1693-6-1 dated July 30, 2014).

In addition to the notification, it will be necessary to issue an order to grant leave to the employee or employees in form No. T-6 or No. T-6a, respectively (approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1).

Vacation must be paid no later than 3 calendar days before the start date of the vacation (Article 136 of the Labor Code of the Russian Federation).

Extension and transfer of annual paid leave

The Labor Code of the Russian Federation provides for several cases when leave should be extended or postponed taking into account the wishes of the employee. This applies to situations where an employee during annual leave (Article 124 of the Labor Code of the Russian Federation):

• fell ill or was injured. In this case, benefits for days of temporary disability are paid to the employee in the general manner (Letter of the Federal Social Insurance Fund of the Russian Federation dated 06/05/2007 No. 02-13/07-4830);
• performed government duties for which the law provides for exemption from work. For example, he was a juror in court (Article 10, paragraph 3 of Article 11 of the Law of August 20, 2004 No. 113-FZ).

If an employee, while on vacation, immediately notifies his employer of illness or the performance of government duties, then his vacation can be automatically extended by the appropriate number of days (clause 18 of the Rules on regular and additional vacations, approved by the People's Commissariat of Labor of the USSR on April 30, 1930 No. 169) . In this case, there is no need to issue a separate order for extension. As a result, the employee will return to work later than the originally established end date of the vacation.

If the employee goes to work in accordance with the vacation schedule and only then informs the employer, for example, that he was sick, then he will need to agree on the issue of transferring part of the vacation to another date. The employee will have to write an application to postpone the vacation.

By the way, if sick leave was issued due to the need to care for a sick family member, then leave for the period of incapacity is not extended or transferred (clauses 40, 41 of the Procedure to the Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n, Letter of Rostrud dated June 01, 2012 No. PG/4629-6-1).

What is leave followed by dismissal?

Leave followed by dismissal is granted to the employee based on his written application. In this case, the day of dismissal will be considered the last day of vacation.

Providing leave before dismissal to an employee is a right, not an obligation of the employer. Of course, this does not apply to the case when the employee’s next vacation before dismissal is provided for in the vacation schedule.

Leave with subsequent dismissal is not provided to an employee whose employment contract is terminated for his guilty actions.

Let us also recall that when granted leave with subsequent dismissal, the employee has the right to withdraw his resignation letter before the start date of the leave, if another employee is not invited to take his place by way of transfer.

Leave upon dismissal

The right of an employee to leave upon dismissal is secured by Art. 127 Labor Code of the Russian Federation. This right can be exercised:

• in the form of granting leave followed by dismissal;
• in the form of payment of compensation for unused vacation.

In any case, all days of unused vacation of the employee at the time of dismissal must be provided in kind or compensated in money.

The basic paid leave, which is provided to an employee annually for 28 calendar days, cannot be compensated with money if the employee continues to work. This is how it differs from additional leave. Indeed, in order to pay monetary compensation for additional paid leave, an employee who did not resign from the organization had to submit a written application to the employer with a request to replace the additional leave with money. But when an employee is fired, the situation changes. An employee should not write any applications for payment of compensation for both basic and additional leave upon dismissal, because payment of unpaid leave upon termination of the contract is the absolute responsibility of the employer.

The main question that arises when submitting leave with subsequent dismissal is how to correctly formalize separation from the employee in this case.

Vacation followed by dismissal: how to arrange it correctly

In the working time sheet in form No. T-12 or No. T-13 (approved by Resolution of the State Statistics Committee of January 5, 2004 No. 1), the days of vacation preceding dismissal are reflected as ordinary “vacation” days:

• if this is the main paid leave, then the letter code “OT” or the numeric code “09” is indicated;
• if the employee is on additional paid leave, then the time sheet must be marked “OD” or the digital code “10” must be indicated.

If there are holiday weekends during the vacation, then they do not reduce the duration of the vacation, and therefore are reflected in the time sheet as regular weekends with the letter code “B”, which also corresponds to the digital code “26”.

How to calculate the number of vacation days upon dismissal

Step 1: Calculate the employee's length of service with the employer.

Step 2: Determine the number of vacation days that the employee is entitled to for the entire period of his work.

Step 3: Determine the number of vacation days already taken by the employee.

Step 1: calculate the length of service with the employer in months

The answer to the question of what is included in the length of service that gives the right to annual paid leave is contained in Art. 121 Labor Code of the Russian Federation.

Please also note that the length of service that entitles you to annual additional paid leave for “harmfulness” includes only the time actually worked in harmful and dangerous working conditions.

When calculating length of service in months, surpluses amounting to less than half a month are excluded from the calculation, and if more than half a month, they are rounded up to a full month (clause 35 of the Rules on regular and additional leaves, approved by the People's Commissar of the USSR on April 30, 1930 No. 169).

For example, an employee was hired on March 10, 2017, and the dismissal date was June 1, 2018.

The number of full months for the period from 03/10/2017 to 05/09/2018 is 14. Surplus in the amount of 23 days (from 05/10/2018 to 06/01/2018) is rounded up to a full month. Total total work experience with the employer is 15 months (14+1).

Step 2: determine the number of vacation days that the employee is entitled to for the entire period of his work

The number of vacation days in calendar days that are due to the employee during the period of his work with the employer (K ​​p) is determined by the formula:

K p = K g / 12 * M,

where: K g - the number of vacation days due to the employee during the working year;

M is the length of service with the employer in months, found in Step 1.

The resulting number of days may not be a whole number. If the employer decides to round the number of days, this should always be done in favor of the employee, and not according to the rules of arithmetic (Letter of the Ministry of Health and Social Development dated December 7, 2005 No. 4334-17). This means, for example, that a non-integer number of vacation days 37.3 can be used in future calculations, but if the employer decides to round it up, then the number of days will be 38, but 37 days.

Step 3: determine the number of vacation days taken

Based on information about the vacations already used by the employee for the entire period of his work with the employer, the total number of vacation days that the employee has already rested is determined.

Step 4: calculate the number of unused vacation days

The number of vacation days that the employee did not use at the time of dismissal, and for which he is entitled to compensation, (Kn) is determined by the formula:

K n = K p - K i,

where: K n - the number of vacation days due to the employee for the entire period of his work with the employer, which was found in Step 2;

K and - the number of vacation days used at the time of dismissal, determined in Step 3.

How to calculate compensation for unused vacation

The number of vacation days determined in Step 4 that were not used by the employee at the time of dismissal must be multiplied by the employee’s average daily earnings. This earnings are calculated in the usual manner established for calculating vacation pay by Government Decree No. 922 dated December 24, 2007.

Deduction for unworked vacation days upon dismissal

There are situations when an employee at the time of dismissal used more vacation days than he was entitled to. In this case, it is necessary to deduct the vacation used in advance upon dismissal.

The employer’s right to withhold excess vacation pay is provided for in Art. 137 Labor Code of the Russian Federation. It must be borne in mind that in some cases it will not be possible to retain unworked vacation days. This applies to cases when an employee resigns, for example, due to the liquidation of an organization, conscription for military service and in other cases listed in Art. 137 Labor Code of the Russian Federation.

In general, if an employee takes a vacation in advance and quits, the employer withholds the amount of vacation pay from his salary. This withholding cannot exceed 20% of payments due to the employee after withholding personal income tax (Article 138 of the Labor Code of the Russian Federation).

If the amount of withholding exceeds 20% or the employee is not paid other amounts and there is simply nothing to withhold excess vacation pay from, the employee can repay the debt voluntarily. It is illegal to demand these amounts from him, and especially in court (Part 4 of Article 137 of the Labor Code of the Russian Federation).

Vacation followed by dismissal: when to pay

As a general rule, settlements with the employee are made on the day of dismissal, which is the last day of work. However, when granting leave with subsequent dismissal, a different procedure applies. Despite the fact that the employee’s last day of work will be the day his vacation ends, settlement with the employee must be made before the start of the vacation. The rationale for this approach is that at the end of the vacation the parties will no longer be bound by obligations. Therefore, on the last working day preceding the day of going on vacation, the employer must make a final settlement with the employee, as well as issue him a work book and other work-related documents (Rostrud Letter No. 5277-6-1 dated December 24, 2007).

Vacation followed by voluntary dismissal

A situation is possible when an employee, while on annual paid leave or leave at his own expense, decides to quit. The general rule applies to such employees - they need to notify the employer of their desire no later than 2 weeks in advance. In this case, this period will not be calculated from the moment the employee returns to work, but in general order - from the day following the day of notification to the employer. Therefore, if the duration of vacation exceeds 14 calendar days, such an employee has the right to go to work on the day of dismissal to receive the final payment and work book.

It is important to take into account that the employer does not have the right to call an employee from vacation before its end (Article 125 of the Labor Code of the Russian Federation).

Dismissal after vacation at your own request

Nothing changes if the employee decides to leave the employer after returning from unpaid leave. The only difference is that up to and including the day of dismissal, the employee must perform his job duties during the notice period, unless, of course, the employer agrees to part with the employee ahead of schedule.

However, if leave without pay is granted to an employee with subsequent dismissal, then it is advisable to make the calculation by analogy with the provision of paid leave with subsequent dismissal - on the last working day before the employee goes on leave at his own expense.

Sample application for leave followed by dismissal

An employee who wants to go on vacation with subsequent dismissal submits a corresponding application to his employer:

Order on granting leave with subsequent dismissal

An employer can use an independently developed form of order for granting leave with subsequent dismissal. If he uses unified forms of labor accounting documents, then to register leave with subsequent dismissal, the employer will have to issue 2 orders:

• granting leave (unified form No. T-6 or No. T-6a);
• on termination of an employment contract (unified form No. T-8 or No. T-8a).

An employee can terminate the employment contract at his own request with his employer and take leave before dismissal.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

This situation is quite common in many organizations, because the right to rest is also exercised upon dismissal.

But not all employees can take such leave. Those employees who have not fulfilled their job duties for a long time, violated discipline or committed other guilty actions cannot count on vacation followed by dismissal.

Normative base

All labor relations are regulated by the Labor Code of the Russian Federation. Everything you need about dismissal after vacation can be found in Article 127.

You can also refer to this issue:

• determination of the Constitutional Court of the Russian Federation No. 131-О-О;
• by letter of Rostrud No. 5277-6-1.

The texts of these documents can be downloaded here:

Benefits for the employee

Any employee has the right to terminate the employment contract with his employer and exercise the right to annual leave.

Dismissal immediately after vacation has its advantages:

• If an employee goes on vacation with subsequent dismissal, then he does not need to work for another two weeks after registering the application.
• The employer will make all payments to him on the last working days, and then he will go on vacation.
• With the consent of the employer, the employee can take only part of the vacation and receive monetary compensation for the remaining days.

How to draw up documents for vacation followed by dismissal?

To do this, the employee is required to write an application for leave with subsequent dismissal.

The statement looks something like this:

The document must contain:

• employee position and company name;
• Full name of the head;
• indication of the duration of the vacation;
• reason for dismissal.

Often, some employees write two applications - the first one is about leave, and the second one is about dismissal (then the employer must issue 2 orders).

Labor legislation generally allows the use of both of these options, as it does not see much difference between them.

Also, all applications must be registered. After this, the employer reviews the application and decides (if leave is not required) whether to grant the employee leave.

He may refuse the employee by offering him compensation.

In other words, you can go on vacation before dismissal only with the consent of the employer.

You can download the application form here:

When concluding an agreement to terminate an employment contract, it may be stated that the employee must be given leave with subsequent dismissal at his own request.

Then the employer has no right to refuse. He is obliged to issue a special order on the vacation and dismissal of the employee.

The document can be created independently, and in addition, the employer has the opportunity to use state order forms (T-6 and T-8):

The day the employee was fired and the last working day in this case are different days.

The last day of vacation is considered the day the employee is dismissed.

The date of dismissal must be entered in the work book. The document should also indicate the reasons for dismissing the employee. This could be, for example, an agreement between the parties or the dismissal person’s own desire.

Nuances

The question often arises about whether labor leave can be extended if an employee falls ill.

The legislation directly states that if an employee is fired at the end of the vacation, the employer is not obligated to extend it at all. All a sick employee can count on is sick leave benefits.

The employee has the right to change his mind and not resign. This rule also works in this case.

The only thing you should know is that if you go on leave with a dismissal, it will be almost impossible to return to this job.

If the employee changes his mind about leaving, then you can withdraw your application before the start of the vacation, and if a new employee has not yet been found for this position.

An employer has the right to hire another person to fill a position while the employee is on vacation and then resigns. An employee who is already on leave with subsequent dismissal cannot withdraw his application, since all employment relationships have effectively ended.

Therefore, the employer can easily refuse.

The employee must first notify his manager of dismissal two weeks in advance, while continuing to work.

In this case, the total duration of the vacation is taken into account. If it is shorter than 2 weeks, then the need for work is determined by the employer. Work is also required if the employer does not provide the employee with leave, but pays him compensation.

In this situation, all questions about the need to work 2 weeks are resolved individually with the employer.

For example, the dismissal date falls on a weekend and many employers are confused by this fact.

A normal dismissal must occur on a working day, since the employer issues the employee all the necessary documents and makes payments.

If leave followed by dismissal is granted, then all settlements with this employee must be made on his last day at work. The date of dismissal is considered the last day of vacation. If this day is a weekend, it doesn't really matter.

The work book must be issued no later than the last working day.

When picking it up, the employee must sign in a special accounting book. It is important to know that when going on vacation with subsequent dismissal, you need to pick up all the documents and receive payment on the last day in the organization.

If the employer does not give the employee a work book on time:

• in fact, the employee is still registered in this company;
• he has the right to sue such an employer for untimely issuance of a work book and the damage caused by this;
• in turn, the unscrupulous employer is obliged to pay a fine to the employee.

Features of compensation calculation

When submitting an application to the employer for leave followed by dismissal, you can indicate in it the number of days of leave that you are entitled to count on.

Only an employee who has worked continuously for 6 months can take vacation (Article 122 of the Labor Code). If the duration of the vacation is not agreed upon, the employer provides 28 days, counting the days used if necessary.

As for compensation for vacation days, only those that are worked are taken into account.

For example, an employee asks for leave with dismissal after working for six months. This means that he will receive compensation only for half of the vacation, or rather 14 days.

Earlier than six months later, the employee does not have the right to demand leave.

It happens that a year's vacation was used in advance, but the employee did not have time to work it, then the employer deducts a certain amount from his salary. To do this, he only needs to determine how much his employee receives per day.

Example:

N.V. Fedorov is granted leave with subsequent dismissal from May 26. Duration – 28 calendar days, 18 of which he has already used.

The employer must pay the employee compensation for 10 days. To do this, you need to determine the number of working days per year and the amount of all payments, which is 327 thousand rubles.

For the 10 months that N.V. Fedorov worked in full, there will be 293 such days. To this amount should be added the number of days worked in June (12, 29) and in December (21, 74), when the employee took leave and was temporarily disabled.

293 + 12.29 + 21.74 = 327.03 days

For 327 working days, the employee received 327 thousand rubles, from which we can conclude that his average daily earnings are 1000 rubles.

In total, it turns out that compensation for 10 days of vacation will be in the amount of 10 thousand rubles.

The Labor Code clearly establishes the procedure for all necessary payments.

An employee usually receives vacation money 3 days before the vacation itself, and wages and other compensation on the last working day. This is a little inconvenient, but making any payments on other days is a gross violation of the law.

Personal income tax and various insurance contributions must be paid as compensation for unused vacations.

This process is regulated by Article 223 of the Tax Code of the Russian Federation.

Moreover, all deductions occur on the day the employee receives compensation, and not at the end of the month, as when paying wages. Therefore, the employer is obliged to transfer all taxes on compensation for unused vacation no later than the next day.

The tax system tries to make this process easier and more profitable for the employer.

Whether or not to take a vacation when deciding to quit is a personal matter for each employee.

Current legislation provides for the possibility for an employee to terminate a contract by submitting to the management of the organization such a type of document as an application for leave with subsequent dismissal. The peculiarity of such dismissal is that the employee first goes on vacation, and then, upon completion of the vacation, his employment contract is terminated.

In order for an employee of an enterprise to have the opportunity to resign after using his vacation days, the mandatory consent of the administration of the business entity is required.

Recently, employees have often begun to make such requests to the company administration. This is due to the fact that while they are looking for a new job, their work experience in their previous place will continue to be calculated.

The Labor Code of the Russian Federation provides the employee only with the possibility of such dismissal, but does not establish any obligation for the employer in this case. Therefore, the management of the enterprise, after considering the received application, has the right to give a negative answer.

Attention! If the administration refuses to grant leave with further termination of the contract, then the employee’s right to is exercised in this case by paying him a monetary amount.

When an agreement is concluded with an employee of a company to terminate a contract, which stipulates first vacation and then dismissal as a condition, the company administration does not have the right to refuse such a period of rest. This is due to the fact that the management agreed to such a rest period by signing the agreement.

In what case is such dismissal possible?

Labor law rules establish that leave with further dismissal can be issued only in the case when the termination of the employment relationship is initiated by the employee, or by agreement of the parties. At the same time, it is recommended that leave followed by voluntary dismissal also be formalized in the form of signing a special agreement in order to avoid further disagreements on this issue.

If the initiative to terminate the contract comes from the administration of the company, then it is not allowed. This is especially true in cases where termination of a contract is a measure of punishment for labor misconduct.

An employee can apply for leave with subsequent dismissal when he actually has an unused vacation period. This should be checked by the organization's HR specialist. It is based on the rule that each month an employee works gives him the opportunity to receive 2.33 days of vacation.

It is also important to take into account this point: if an employee was employed for less than 15 days in a month, then this period is discarded, otherwise the month must be considered fully worked.

Attention! When determining the availability of days of unused rest period, the personnel officer must also take into account previous vacations, and also that the year when calculating the length of service for receiving rest begins not from the first of January, but from the date of entry into the enterprise.

The resigning employee asked for leave. For this purpose he submitted a proper application. What are the associated nuances of such a procedure?

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

How is leave with subsequent dismissal of an employee processed in 2019? Russian legislation provides for the right of an employee to receive leave before dismissal.

But the final decision to provide one remains entirely the prerogative of the employer.

At the same time, unused vacation must be compensated. How is leave prior to dismissal processed in 2019?

Important aspects

Labor legislation states that the employer has the right to give leave to an employee in anticipation of dismissal.

The key word here is “right”, that is, there is no such obligation for the employer. But the employee himself has a legal right to vacation.

Therefore, all unused vacation days must be compensated appropriately.

Before an upcoming dismissal, any employee can ask for leave. The boss decides whether to grant leave or not.

An important detail is the vacation schedule. If the time of the leave required by the resigning employee coincides with the approved leave schedule, then the employer does not have the right to refuse leave.

Failure to coincide with gives the right to refuse to grant leave, but not to refuse dismissal.

There is also such a nuance as the continuation of the employment relationship due to the employee’s refusal to quit. That is, the employee may change his mind about quitting and withdraw the application.

In this case, the moment of returning the application is important. If the vacation has not started, the resignation letter is canceled and the incident is considered settled.

If an employee changes his mind about resigning during vacation, then his corresponding statement has no force. In this situation, two options are possible.

In the first case, the record of dismissal in the labor record is considered invalid and is canceled by a subsequent record.

In another option, the employee is hired again, but entry into the employment record is made only after the end of the vacation period.

Legal basis

Article 127 of the Labor Code of the Russian Federation contains a somewhat ambiguous interpretation of the term “vacation with subsequent dismissal.” It says here that an employer can grant this type of leave.

That is, the decision to grant leave in anticipation of dismissal is actually the prerogative of the employer.

It states that, at the written request of the employee, unused vacation may be provided by the employer before the upcoming dismissal “subject to availability.”

It should also be noted that it is preferable for the employer to refuse leave. According to paragraph 2 of paragraph 1 of Article 238 of the Tax Code, compensation for vacation days upon dismissal is not subject to unified social tax.

But the employer is obliged to accrue social tax on vacation pay. It is also important what date is counted as the day of completion of legal relations if a vacation with subsequent dismissal is issued.

Article 127 of the Labor Code of the Russian Federation recognizes the last vacation day as the day of dismissal. It is this date that is indicated in the dismissal entry made in the work book.

But the actual legal relationship with the employee ends on the last day of work, which is the day before the start of vacation.

At the time of termination of the employment relationship, the employer is obliged to make all final payments to the dismissed employee.

This position is supported by Letter of Rostrud No. 5277-6-1 dated 13/24/2007.

Provides for an extension of the sick leave period, but in the case of an upcoming dismissal, this provision does not apply (Rostrud Letter No. 5277-6-1).

But at the same time, the employer must pay the employee temporary disability benefits for sick days.

Process Features

Vacation with further dismissal is an independent concept of labor legislation.

In fact, the process involves a dual maneuver on the part of the employee, which involves additional costs for the employer for registration and implementation.

Each of the components of the “leave with dismissal” scheme requires careful adherence to legal norms.

Dismissal is in itself an event consisting of several parts. First, the employee submits a resignation letter.

Then the dismissal process is formalized in the appropriate manner. In this case, the interests of neither party should be harmed.

The employee must receive the payments due to him, and the employer is obliged to perform the functions assigned to him in the process of dismissing the employee.

The first feature of leave with further dismissal is the employee’s statement. But since two events are planned, this means two applications are written, one for leave, and the second for dismissal.

The first specifies the duration of the vacation and its starting date, the second specifies the desire to terminate the employment relationship.

But at the same time, the legislator does not limit the number of applications and two applications from an employee can be combined into one.

Upon receipt of an application from an employee, the employer issues a corresponding order.

He also has the right to choose - to issue a single order or to draw up a separate administrative document for each event.

In the first case, the order form is developed independently and provides for the execution of the entire process in full - registration of leave and further dismissal.

How to properly arrange vacation followed by dismissal

Step-by-step instructions for granting an employee leave and his subsequent dismissal look like this:

When to calculate compensation

The settlement stage becomes an inseparable part of the “vacation + dismissal” process.

Since dismissal occurs along with vacation, it is necessary to immediately calculate all types of payments - in connection with the upcoming vacation and the upcoming settlement.

A completed order for leave with dismissal becomes the basis for drawing up a settlement note.

If an organization uses standard document forms, then two calculations are made:

When making a final settlement with a dismissed employee, it is necessary to take into account all amounts and compensation payable, both by law and those provided for by local regulations.

The entire amount of payments must be calculated before the start of the vacation, since all due amounts must be received by the employee on the last day of work before the vacation.

Application writing sample

Article 127 of the Labor Code states that, at the written request of the employee, vacation is issued, and unspent vacation days can be granted with further dismissal.

It follows from this that there is only one application. Although the lack of clear wording allows you to submit two separate applications, for leave and subsequently for dismissal.

How to write an application for leave followed by dismissal? To avoid unnecessary bureaucracy, it is more advisable to draw up one document, outlining the entire essence of the situation at once.

An application is drawn up in any form, taking into account the general rules for the preparation of such documents.

The general scheme of an application for “leave-dismissal” is as follows:

1. In the upper right corner enter information about who the document is intended for, name, organization, from whom the application is being submitted, and the applicant’s details.
2. Below, in the center, the name of the document (Application) is written.
3. The text is written something like this: “I ask you to grant me another vacation for _ days followed by dismissal.”
4. Date and signature are added.

FAQ

At first glance, leave with further dismissal seems simple; it is enough to comply with the formalities regarding registration. But there are also some nuances to the procedure.

Video: vacation followed by dismissal

For example, how long can unused vacation be granted? It seems that everything is clear - as many vacation days are not used, so many are provided.

Leave with further dismissal is granted for the full duration, that is, for the entire period prescribed by law.

But only those vacation days that would be compensated with money upon dismissal are subject to actual payment.

The remaining vacation days are provided to the employee as vacation at his own expense. The duration of the vacation is calculated based on the fact that an employee who has worked a full year is entitled to a full vacation.

Do I need to work for two weeks?

In case of normal dismissal, the employee is required to notify the employer two weeks in advance, which is worked out in full, unless otherwise agreed upon.

When taking leave with dismissal, the situation is somewhat different. The start date of the vacation is determined based on the employee’s request or the employer’s opportunity.

In this case, the final working day is considered to be the day before the start of the vacation, and the date of dismissal is the final day of the vacation.

Consequently, upon completion of the vacation, the employee is considered dismissed, and he does not need to go to work to work out the two-week period.

To hire a new employee, the employer does not need to wait until the furlough of the dismissed employee ends.

The very next day after the employee goes on vacation with the upcoming dismissal, you can register a new employee.

This position is set out in the Determination of the Constitutional Court of the Russian Federation No. 131 of January 25, 2007 and the Letter of Rostrud No. 5227-6-1.

Entry in the work book

Since the dismissal date is the final day of vacation, this is the date that is displayed in the work book. The basis for dismissal is the reason corresponding to the dismissal order.

If the order states “by agreement of the parties,” then the labor document is written in exactly the same way.

The details of the relevant order must be provided in the labor document; if necessary, a link to the relevant article of the Labor Code is provided.

But although the entry in the work record contains the date corresponding to the final day of vacation, the work record, among other documents, must be given to the employee on the last day of work.

The entry into the labor record is made on the day before the start of the vacation. The basis for termination of the employment relationship is indicated, but information about the provision of leave is not displayed in any way.

How many days in advance is the application written?

An application for leave with further dismissal is submitted in accordance with the normal dismissal sequence. That is, an application is submitted two weeks before the desired vacation.

But this fact can be disputed, since the legislation does not say anywhere about the timing of applying for leave.

It is only noted that the employer must notify the employee two weeks in advance of the upcoming scheduled vacation, if such a schedule exists.

Thus, an employee has the right to apply for leave with dismissal at any time.

However, if the employee first went on vacation and then decided to submit an application for dismissal, it should be submitted two weeks before the end of the vacation.

An employee who decides to end his work in the company has the right to take off unused vacation during the year.

The legislation regulates this topic as an opportunity, but not a direct obligation on the part of the employer.

Not in every case, an employee will even be able to request permission to take leave with subsequent dismissal from the workplace at his own request; much depends on the circumstances of the dismissal and on the loyalty of the employer.

Only employees who wish to leave the workplace on their own can apply for this form of rest.

The second legal option for provision is mutual.

Only under one of these circumstances is it possible to apply for pre-severance leave.

For employees leaving the workplace, or by guilty actions of any kind.

There are 2 main ways to apply for leave prior to dismissal.

1. The employee goes on his next vacation, according to the schedule, and already on a well-deserved rest, draws up a letter of resignation. During this time, the employee can use any type of leave. This option is convenient for both parties: the employee has time to rest before being fired and looking for a new job. The employer will have time to select a new employee to fill the empty position for the required notice before dismissal at his own request.
2. The second method is without using a vacation schedule, but by simultaneously submitting applications for both dismissal and vacation. Accordingly, the employee will need to draw up 2 papers. An application for leave followed by dismissal, indicating its desired duration and start date, as well as a note about subsequent dismissal after the leave. And a statement warning about the planned departure, indicating the reason why the employee wants to stop working with the company.

The step-by-step registration of leave with dismissal looks like this:

• Sending statements to management.
• Receive notification of the exact start date of your vacation.
• Getting ready.
• Review and signature of the record of receipt of the order.
• Receive a completed settlement note.
• Creation and signature of a dismissal order.
• Familiarization with the entry in the journal about the receipt of an order for leave with subsequent dismissal.
• Receive a calculation.
• Making the necessary entries and...

The employer will have to draw up 2 orders, based on each application, attaching photocopies of papers from the employee stating that the employee will be given rest, also with a notice of dismissal and a direct order to remove the employee from his position.

In practice, in many companies this process is simplified to the preparation of only one application for a request for leave with subsequent dismissal. The legislation in this case is fully complied with: management is warned in advance about the future departure of the employee, and the employee receives his paid leave.

Salary deductions

If the employee chose the second method of filing an application and going on leave with dismissal after, then the employer can deduct a certain amount from the salary.

The reason for this is that the calendar year has not been fully completed, as a result of which each employee will receive paid leave.

By law, every employee has the right to apply for annual leave, starting from a period of six months from the date of joining the company.

An employee, in spite of everything, who decides to take a vacation without preliminary annual work and then quit, must understand that the unworked days for the year will not be paid on vacation, but will be paid.

By law, every employee has the right to 28 days of vacation per year. If the year has not been fully worked, but the employee wishes to take a full vacation, the employer must withhold money from salary payments. In total, withholding can reach 20% of total earnings in general cases and up to 50% in special cases.

If even 20% of the amount collected, deducted from standard earnings, exceeds half of the amount paid upon dismissal, then the money cannot be withheld.

In cases where earnings are nevertheless withheld, the company’s accounting department is obliged to report this fact to the tax service and reduce payments for this employee.

For companies that do not want to hassle and deal with additional tax problems.

Such companies use an additional opportunity to overcome the current circumstances.

It is enough not to withhold the employee’s wages, but to calmly let him go on vacation without taking into account the lack of work per day - such a debt will be written off after 3 years from the date of its occurrence as non-repayable.

Entry in the work book

An employee is always concerned about the question of when an employer should take leave followed by dismissal. The starting point when an employee has already been dismissed is the day the rest begins. It is at this time that the employer is obliged to pay the employee for leave and issue a work book.

Officially, the employee’s last working day is the last day of vacation, but in reality, at the moment when the date for going on vacation arrives, the employee must familiarize himself with the dismissal order.

So the preparation of documents should begin in advance.

Receiving leave with subsequent dismissal occurs only when the employee himself decides to leave the company; this is exactly what the entry in the work book should say. When applying for leave with subsequent dismissal, the employer must refer to Article 77 of the Labor Code of the Russian Federation.

To avoid confusion in the future, management is obliged to make entries in the employee’s cards and journal that they successfully received the work permit. The preparation of documents confirming the issuance of a work permit to a worker must be carried out in accordance with the prescribed rules of the labor code.

It is necessary to pay the employee exactly on the day the employee goes on vacation, since after the end of his vacation, there will no longer be any legally established relationship between him and the company.

In fact, after going on vacation, the employee no longer has anything in common with the company.

What to do if the employer did not issue a work book before the start of the vacation?

What should we do for employees whose former employer refused or was unable to issue them a work permit on time, on the day the vacation began?

This situation is regulated by the labor code, and the guilt of the company management in this case is undeniable.

If an employee left a statement, read the order and has already gone on vacation, but the work permit was never issued, then the day of dismissal is rescheduled for the moment when the employer issues the delayed documents.

Management is required to draw up a new dismissal order indicating the fact that the labor document was delayed, and for each day that the document is delayed, the former employee is entitled to compensation for the lost opportunity for new employment.

If a delay in issuing a work permit occurs on the initiative of the employee himself, who is absent from work on the appointed day of dismissal, management is obliged to notify him of the need to obtain the document. The notice must contain either an offer to appear in person, or, in the absence of such an opportunity, to agree to send the work report by mail.

If an employee independently sends a notice to the employer with a request to return the work permit, the company will be responsible for the failure to take actions required by law. The time while an employee waits for his book, although it must be paid if the employer is at fault, is not included in the length of service, because the employee is no longer formally registered with the company.

This is important to know

A number of nuances that you need to know and take into account when going on vacation with subsequent dismissal:

• Despite the established rule that an employee who becomes incapacitated during leave has the right to have it extended, this rule does not work for resigning employees. In fact, the employee is not registered with the company, which means there is no one to extend the vacation.
• must be accrued no less than 3 days before the start date of the vacation. The employee must receive the remaining settlement amount in full on the date of dismissal.

• If the employee’s last working day falls on a weekend or holiday, then the issuance of the work permit and payment is carried out on the next working day; issuance of documentation and payment in advance is impossible.
• An employee on vacation who has already received a dismissal order receives work experience for the vacation he took before dismissal.
• The employee has the right until he goes on vacation. From the moment he is issued a work permit on the first day of vacation, it is no longer possible to change his mind about quitting.
• If an employee notified management of his plans to quit 2 weeks before the work stoppage and received a dismissal order, but does not insist on leaving the company, then he can continue his work.
• According to the law, leave with dismissal is possible outside of the annual vacation, that is, before the scheduled vacation date.