legislation of the Russian Federation is protected by the set of human rights and interests, including the right to the opportunity to work and relax.Not to be mistaken with the choice of a profession, a job - a private matter.If you work for any reason no longer bring satisfaction, it is worth thinking about vacations or take drastic measures and change it to a new one.But first, you must give up the same.How to leave without making mistakes?And if this has unused vacation?One option - an exit in the next holiday, followed by firing.
Who can take a vacation, then immediately quit?
article 127 of the Labor Code of the Russian guarantees every worker as a worker on fixed-term, and on indefinite employment contract, the right to go on vacation with the subsequent dismissal.The only condition - the absence of his misconduct.To those include: repeated negligent performance or gross violation of duties, absenteeism without good reason, embezzlement, come to work under the narcotic alcohol, toxic, drugs and so on. D.
If an employee validity of documentedthe employment relationship is terminated, he is entitled to ask for a vacation with the subsequent dismissal, even if that would be beyond the term of the contract.Dismissal after the holiday has one caveat: the holiday period in the length on a common basis will not be included.For some, this point is important, it makes sense to direct the employer to dismiss the application, already on vacation.
grant or not?
When a representative of the employer receives the application for leave with subsequent dismissal (sample will be described later), he is entitled to it agree.The Federal Service for Labour and Employment (letter dated 24.12.2007 N 5277-6-1) explains that it is only the right, but not the obligation wholly.In cases where an employee is required in the workplace, it can be denied vacation days.The refusal of the employer would be incompetent in case the person on leave in accordance with the approved schedule.In general, for a representative of the employer to issue paid leave followed by dismissal - troublesome procedure.Simply give the employee the opportunity to work out provisions for the letter of the law to compensate for vacation time and in cash.
whether the rule of law are stipulated deadlines for the respective application for leave and timing of care?
At any time a person is entitled to send a representative employer's application for leave with subsequent dismissal.Not necessarily at the same time to comply with the approved schedule of the next holiday.If the decision to leave coincided with the holiday according to the document that defines the order of the selling staff, the application for leave is not required.
According to the Labour Code, the dismissal of the employee (in the absence of a misconduct) can occur on its own initiative (with its free will) or by agreement of the parties.If the employer's intention to care should be made aware in advance, at least two weeks.Start calculating two-week period will begin on the second day after the filing of the relevant application.In parallel, the employee is entitled to express the wish that celebrated laid him leave.
If the parties agree, the employment relationship may be terminated earlier by mutual agreement of the parties, without waiting for the end of the period of mining.Was done on unused leave upon separation may, for example, in cases of redundancy, change of ownership of the organization, having the appropriate notification of the reduction.Have any circumstances, whether it is a term to retirement age and the desire to retire, admission into educational organization internally or breach by the employer of the provisions of labor law, as the basis for the possibility of using vacation.This employee has the right to specify in the statement of the date of dismissal without working, but you may have to confirm the circumstances that served as the reason for the decision to withdraw, for example, a copy of the order or certificate of admission to the university.
Where to start?
Before applying, one must understand exactly how many days of rest neotgulyannyh put him on the date of the leave.This information prompt in the personnel department.You can not take all neotgulyannye days, but only a part.If the employee is registered in the organization of six months, but it did not work even working year, he put a full four week annual basic paid vacation.Here are just a payment will be subject to time actually worked, which shall be calculated in months: less than half a month to offset is not more than half of the total is rounded up.
documented for termination of employment on their own initiative the employee must be prepared to the leadership of the two documents:
- application for leave with subsequent dismissal (sample attached below), which spells out the terms and duration;
- resignation, stating the reason (by choice) and terms of care.
the case of agreement between the parties, then again, is preparing an application for leave with subsequent dismissal (the sample is similar to that in the case of care on their own), and the employer - the agreement on termination of the employment relationship.
avoid misunderstandings it makes sense to take a receipt for the employer of statements.Limit can mark their receipt, stamped on copies or a second instance.
application for leave with subsequent dismissal: sample structure
Although the statement is written at random, by hand or typed hard copy on the PC, it has a certain structure, like any other kind formal appeal of the citizen.At the top right corner treatment is indicated the destination and the applicant.Destination - he's the head: here it is important the position, company name, name, initials (in the dative);the applicant - who is also the compiler of treatment: enough of his position, surname and initials (in the dative).In the body of the application shall contain a request for days off, start and end dates, the total duration.Optional: note "followed by the dismissal of" signature and date.
Head of "Investcom»
Ivanov II
sales specialist
Sidorova TT
Statement
Please provide the main annual paid leave from April 2, 2015 of 14 calendar daysfollowed by the dismissal of their own volition.
March 18, 2015 / T.T. Sidorov / Signature
A similar structure would be an application for dismissal.
Head of "Investcom»
Ivanov II
sales specialist
Sidorova TT
Statement
ask me to fire on their own April 15, 2015.
March 18, 2015 / T.T. Sidorov / Signature
Application for leave and filed for dismissal.What's next?
If your employer has signed two statements below should be followed all the necessary procedures correct documentation and financial settlement.The first thing you need to prepare - is orders of approved standardized forms: granting leave and the dismissal, with whom the employee meets a painting.On the basis of signed orders prepared and carried out payment holiday followed by dismissal.It includes two components: vacation and rely employee balance of payments.These include: salary, bonus, compensation leave at dismissal.Therefore, accounting is important to have trained personnel department inquiries, calculations indicating how many days the person will be on vacation, and what part of it will have to pay compensation.
Wordplay
According to the Labour Code, the dismissal in this case is carried out in the last day of vacation.Termination of the employment contract will be dated the last day of stay of the person at work.For us - this is the day that precedes the beginning of the holiday.
terms of payments and delivery of labor
As for selling, then, following the general rule, their accounts need to calculate and manage list (handed out) employee for three days before its release on vacation.Work-book and believe the final settlement in connection with the departure from work, including vacation compensation for dismissal, remains unused, it must be made on the last working day of vacation because more people to work will not be returned.If necessary, the employee is entitled to receive other documents, including copies thereof, certified in accordance with the law related to the work.Always getting in the accounting statement of the form 2-PIT the last two years for the probable payment of sick leave at the new place of work.
Dismissal after the holidays: Labor is not received in time
What if the last working day of a person falls on a weekend or holiday.Perhaps that day the employee was not at work, was on a business trip and was not able to obtain the documents and calculations.Because before they are due to give to the working hands can not issue the documents and the money necessary to carry on the first working day after the weekend, holiday or the last working day lay off employees.Although in this situation people are on vacation.To do this, the employee should send e-mail notification with a request to come and get working and calculation of the workplace, or to agree on the possibility of sending work by post (if the calculation is listed on the bank account).This notice will serve as a base to remove the liability of the employer for failure to comply with the terms of delivery of the work book.On written request of the employee should be dismissed labor issue at hand within three working days.
changed his mind to retire
If plans changed, the employee is entitled to pick up a letter of resignation before leaving on vacation when his place had not yet been invited as transfer a staff member.But staying in the vacation, turn back time and give up the decision he is not entitled.Referring to the employer with this request, the employee will be denied.If a person's decision to continue the employment rate in the same place of work approved, the document will have to cancel the holiday with subsequent dismissal.Compensation shall be paid by means of conversion and retention.In working the relevant record on the invalidity of the decision.
ill on holiday
If a person became ill on holiday with the dismissal, he put the payment of hospital benefits.The previously mentioned letter FLES it is forbidden to extend the vacation by the number of days of temporary disability.
