dismissal procedure has always been a lot of questions, despite the well-established legal norms of labor law.The fact that the dismissal is always associated with a particular situation with emotional reactions (not always worthy), with a different interpretation of the law of the two opposing parties: the employee and the employer.
Dismissal during the holidays - is no exception.And although the law does not matter you are on vacation or a business trip, each employee has the right to leave work by notifying the employer for 2 weeks, but the procedure of dismissal is connected with a number of nuances.
Situation 1. Dismissal during leave unfinished yet.If the rough count, every 2.5 months of work are entitled to one week of vacation (though the term is dependent on the duration of leave, for example, the teaching staff, he is not 28 days, and 42).If an employee has gone on leave before there was a right to it (take "up front"), then he has to work this time or organization to return the money for unfinished hours (spent on vacation).The authorities can respond to your dismissal while on vacation inadequate: just do not accept and do not publish the order of dismissal, may require to rewrite the statement, putting other dates, motivated by the fact that the employee is required to work.
What to do in such a case?The statement did not rewrite, insist that you have calculated, subtracted unearned hours of your vacation, if you have not received them yet.If you have received, you can return a receipt.At the same time, always remember, the employer has no right to stop you, no matter what.
Situation 2. Dismissal during the holidays can be a problem, as if the director is on vacation and did not leave his place a person with the right to sign (the deputy, the acting, the other person responsible), and if you can not appeal to the superior head (for example, the founder, if you are an employee or Company OAO).
What to do?Use all possible methods to notify the employer: at least on the phone.The application in this case can be sent by registered mail to come faster and the post office to put a mark on the receipt (not your fault that the employer did not leave a deputy).If your organization has a person who registers incoming messages (even better if you can do it yourself), it is obliged to sign the receipt of your application.
situation 3. While on vacation and took an unexpected decision to leave, you can leave unfinished business related to your duties.If you are an accountant, and must pass the statement, or you financially responsible person and must produce the inventory - such cases are difficult to firing during the holidays.
What to do?We'll have to go to work during the holidays and to finish unfinished business, it requires a written order of the director calling you from a vacation due to the "production" necessity.This option is better than to endure the dismissal.
Situation 4. You are fired due to his transfer to another job.
To do this, write a letter of resignation in connection with the transfer to work in [...] (specify organization).It listed as the date of dismissal of the last day of vacation.However, by agreement with the employer, you can leave on the same day (for example, in the middle of the holidays) and receive compensation for unused vacation.
absurd situations.Head may require you to 2-week working out at the exit of the holiday.This requirement has no legal basis.The word "working out" is not in the Labor Code.No employee is required to work, he is obliged to notify only 2 weeks.At the same time it does not matter whether the dismissal in the holiday period, or during the hospital (on a business trip or college - it does not matter).Your absence from work for a valid reason, does not oblige you to work out.You do not even need to refer cases to the new employee (except that only if held senior positions are financially responsible person or an accountant).
These cases are the most common, but can be complicated by a number of other circumstances.Always try to negotiate with the employer.The notoriety and litigation to any of you do not need.If you can not follow the law - the dismissal of their own volition during the holidays stipulated in the Labour Code, in articles 77, 80.
