Ten questions about vacation at your own expense. Calculation upon dismissal after vacation without pay Vacation at your own expense with subsequent dismissal can they refuse

The main difference is that during your absence you will not receive a salary, seniority will also not be accrued. However, at the end of your absence, you can return to your workplace and resume work.

If you plan to be absent for a long time, for example, about a year, then another employee may be hired to replace you and fired after you return to duty.

According to labor law, citizens belonging to the following categories have the right to go on unpaid leave for a certain period:

Veterans of the Second World War - up to thirty-five days a year;
Pensioners engaged in labor activity - up to fourteen days a year;
Relatives and spouses of the military who are serving or died - up to fourteen days a year;
People with problems of the musculoskeletal system or other types of disabilities who work - up to sixty days a year;
All employees, regardless of social group, in the event of marriage or close relatives, the death of a parent or the birth of a child in the family - up to five days a year.

To receive this type of leave, you must write an application addressed to your management, detailing the reasons why you need this type of leave.

How to go on vacation with subsequent dismissal

Dismissal from a job can occur in different forms. An employee can write a letter of resignation or go on vacation and quit only after that. Let's consider this case in more detail. According to labor law, if the employee did not have time to go on vacation before dismissal, the employer is obliged to pay him compensation for the vacation that the employee did not spend.

The whole procedure is performed by mutual agreement on both sides.

If the employee decides to go on vacation with subsequent dismissal, then his last working day will be the day before the vacation. Until this moment, it is necessary to resolve all work issues and prepare a letter of resignation. Speaking about payment, let us clarify that the payment of vacation funds must be made three days before the start of the vacation, and the final payment on the very last day of the employee's vacation.

How to go on maternity leave and how it differs from the usual

The labor legislation notes that this type of leave is approximately 70 days before childbirth and 70 after them, however, it can be extended due to the difficult course of pregnancy.

Employees often confuse maternity leave with parental leave. Let's dispel this error. These are completely different types of holidays. The last one can last three years.

Speaking of benefits for this vacation, they will stick to the average income level, as if you were on sick leave. However, the minimum payout must be at least 2,326 rubles. You can apply for maternity leave from the start of the 30th week of your pregnancy. If you are expecting not one child, but two at once, then this period is reduced to 28 weeks. The procedure is quite simple and should not cause unnecessary questions from the management.

How to take parental leave

A young mother has the right to take parental leave, which will last up to three years, this is guaranteed by the Labor Code. At this time, while the woman will be caring for and raising a newborn, her workplace will be saved for her and she will be able to return to it after the vacation period expires.

This leave is included in the length of service with a mark on caring for a child. Until the child is one and a half years old, the mother will receive a special social insurance allowance every month. Note that these payments for working and non-working women are noticeably different.

Leave may be denied if the woman did not work before giving birth and going on maternity leave. In addition, a refusal may follow if there are relatives who can look after the child while the young mother is working.

Vacation at own expense, without pay

Vacation at own expense for family reasons and other valid reasons. The employer decides to release the employee on time off or, on the contrary, refuse him. In rare cases, the provision of leave is a mandatory condition for the company, if there are good reasons for doing so. For example, for some categories of citizens, the head does not have the right to refuse time off at his own request.

Sick leave during vacation - paid or not

A sick leave during a vacation can be received by both the employee himself, and if a child or other family member who needs care is ill, he will be given a certificate of incapacity for work

To avoid trouble, you need to understand all the intricacies of the current situation.

How to write an application for leave before the decree

An application for a vacation before the decree - you need to correctly draw up every expectant mother. Pregnancy is one of the main moments in the life of every woman and the safety of the child depends only on the expectant mother. Many women try to avoid stress, both physical and psychological, at this time, so many of them think about the real necessary vacation before the decree.

How maternity pay is calculated for a second child

How maternity pay for a second child is calculated should be known to any modern woman. Maternity leave is divided into 2 periods: prenatal and postnatal. Regardless of which day the birth took place, payments are accrued in full for the entire vacation time, simultaneously and no later than ten days.

Indefinite leave without pay

Indefinite leave without pay is unspoken. The usual one is regulated by article 128 of the Labor Code of the Russian Federation. Due to difficult family or other circumstances requiring presence, or due to other urgent reasons, an employee may apply for a holiday at his own expense.

What week do they go on maternity leave?

Not every woman knows which week they go on maternity leave. The reality of our world is such that representatives of the beautiful half of humanity work on an equal basis with men, even during pregnancy.
Any woman has the right to go on maternity leave at her main place of work at a certain time, prescribed in the regulations.

Going on vacation with subsequent dismissal of one's own free will is the right of an employee, enshrined in the Labor Code. So that the labor inspectorate does not have any complaints, the personnel officer and accountant must follow the procedure in strict accordance with the requirements of the law.

Many people prefer to take the opportunity to take a break before looking for a new job instead of financial compensation for unused vacation days. However, leave with subsequent dismissal has a number of features. Let's look at these features, describe how to provide leave with subsequent dismissal, how to properly draw up documents. We will answer popular questions on this topic.

About leave with dismissal

He speaks of the possibility of taking a vacation with subsequent dismissal of his own free will. At the written request of the employee, unused vacations may be granted to him with subsequent dismissal.

The first important clause of the legal rule: the provision of rest is excluded if the employee is fired for guilty actions. Only a conscientious and disciplined employee can take the prescribed days before terminating the employment contract. The list of guilty actions, during which it is impossible to use vacation days in exchange for compensation, is in article 81 of the Labor Code of the Russian Federation.

The second important caveat: characterizing the employee’s right to leave with subsequent dismissal, Article 127 of the Labor Code of the Russian Federation uses the wording “leaves can be granted”, which means that the employer is not at all obliged to provide the employee with rest before terminating the contract. The head of the organization retains the right to refuse even a conscientious employee and pay compensation in return for unused days. Or provide for rest only part of the prescribed period, and compensate for the rest of the time financially. Clarifications on this matter were given by Rostrud in Letter No. 5277 6-1 dated December 24, 2007.

It turns out that an employee can take a chance to rest before looking for a new job only by mutual agreement with the management.

Two ways to go on vacation before leaving

The first option: the employee leaves to rest according to a pre-approved schedule, having written a statement of his own free will before this or already being on vacation. At the same time, he can take time off both pre-planned days according to the schedule, and those days that he did not have time to use before.

The second option: the employee writes an application for rest at the same time as an application for dismissal of his own free will. In this case, the established schedule can not be followed.

The date of termination of the employment contract under Article 127 of the Labor Code of the Russian Federation is considered in any case the last day of rest.

But the management can accept a new employee in the place of a leaving employee immediately, without waiting for the rest to end.

Application and order for leave with subsequent dismissal, registration procedure

The employee usually makes 2 statements:

on leave with subsequent dismissal;
dismissal with reasons.

And the management draws up 2 orders:

on granting leave (based on the first application of the employee);
on termination of the employment contract (based on the second application).

It is also allowed to draw up one application from the employee: you can write an application for leave with subsequent dismissal of your own free will - this does not contradict the norms Labor Code of the Russian Federation.

But when using a unified form of documents, the employer still issues two orders, because the form of a single order has not been officially established. Order forms that can be used are documents of the form T-6 (T-6a) and T-8 (T-8a), recorded in the Decree of the State Statistics Committee of 01/05/2004 No. 1. The original is attached to one of them as a basis, and to the second - a copy of the employee's application. Forms of orders must be approved by the company's management as accounting documents.

The second option for management is not to use unified forms, but to develop an order form on your own. Then you can issue both actions in one order. The main thing is that it contains the required details of the primary accounting document.

Application for leave with subsequent dismissal, sample 2020

The work book is handed over to the employee on the last day before the rest, despite the fact that he will be fired on the last day of his vacation.

Example: Dudnikova I.N. takes 28 days of rest from 04/17/2018 and quits. She receives the work book and the calculation in her hands on April 16 - the last working day before leaving. She will be officially dismissed on 05/16/2018 - on the last day of rest. Please note that two more days have been added to the main days for non-working holidays - May 1 and 9. Holidays are extended due to holidays. This period is counted in the seniority of I.N. Dudnikova, which is reflected in the order and work book.

Order for leave with subsequent dismissal, sample 2020

A sample of a self-developed order form based on the example application above. An order drawn up in a similar form is issued once.

In what cases can you go on vacation at your own expense

Under Russian law, all employees are entitled to annual paid vacation. However, this opportunity is limited to a certain period. If it is not enough for the employee, then he can go on vacation without saving.

It is assumed that the employee does not go to work and does not receive payment during the period agreed with the company. At the same time, he is listed in this organization, respectively, the seniority is preserved.

The basic principle of providing by the employer is that for the enterprise this action is optional. If a subordinate needs such a release, then he makes a request to the company. In the submitted application, he must state the reasons, it is desirable that they be of a valid nature.

The organization then reviews the application and makes a decision. At the same time, both the seriousness of the reasons given by the employee and whether the company will suffer losses if its employee is absent are taken into account.

Since there is no unconditional right to such leave, he cannot file a complaint against the refusal. On the other hand, departure at the initiative of the employer is not allowed. This person does not have such a right, it is reserved only for employees.

At the same time, there is also a number of exceptions. There are different categories of persons to whom a certain period of rest must be granted. Its duration depends on the specific group in question.

Thus, participants in the Great Patriotic War have the right to receive 35 additional days of unpaid rest. Pensioners by age (old age) can count on 14 days.

During 14 days spouses (wives or husbands) or parents (father and mother), as well as adoptive parents of employees of a number of law enforcement agencies, can rest without payment. The condition for this is that the employee died due to injury, injury or concussion, if he was injured in the course of his official duties or due to an occupational disease. These departments include the armed forces of the Russian Federation, internal affairs bodies, drug control, the fire service, the penitentiary system, and customs.

Persons with disabilities are entitled to unpaid leave of 60 days. This benefit does not depend on the disability group. An unlimited circle of persons has the right to release on the basis of certain events - marriage registration, the birth of a child, the death of relatives. In all cases, the duration is 5 days.

The employee is required to submit an application, which is automatically granted. The duration of the absence is determined by the applicant himself, it should not exceed the entire allowable period, but may be less.

In addition, additional grounds for such a benefit may be provided for in the collective agreement of a particular organization.

Dismissal procedure

According to the law, a situation is allowed when an employee first goes on vacation, and after the expiration of the period is considered dismissed. This option for termination of employment assumes that this person completes the last day in the organization, after which the vacation begins. During this period, the employee is officially registered with the company. Further, when the last day comes, he is considered as no longer working in this organization.

This method is available only to those employees who leave either of their own free will or in agreement with the employer. There is no such opportunity for a person who has committed guilty acts, who is dismissed by the employer himself by his decision.

The employer has the right both to provide the opportunity to terminate the relationship, and to refuse it. If he disagrees, the subordinate simply quits on the last working day in the standard way, after which his seniority in this organization is interrupted.

The procedure for registering this event usually involves writing two statements at once, one of them for vacation, the second for dismissal of one's own free will. Both of these requests can be submitted simultaneously. It is also possible that the employee first writes a request for leave without pay, and after that, but before the termination of work, he submits a letter of resignation.

At the same time, writing single statement, which contains a request for both leave and dismissal of one's own free will. The legislation does not prohibit such a scheme.

Such a person retains the opportunity to change his mind and stay in this organization only if his vacation has not yet begun. The final day of work is the last time he can withdraw his resignation letter. At the same time, the organization will not be obliged to satisfy it if it has already found a candidate for this position during this time.

Withdrawal of the application is not allowed when the employee is already on vacation. It is also worth bearing in mind that although formally, under this scheme, this person is listed among the staff of his employer until the last day of rest, the company itself can take another employee in his place already directly during the vacation period.

It is also possible that the person planning to quit submits an application, already on vacation. In this case, the employee only needs to comply with the general condition, according to which the application for dismissal is submitted no later than two weeks before the date of termination of employment.

At the same time, there is an inaccurate idea that the applicant is required to work for two weeks, but in fact this rule is only about notification. Therefore, applying during the vacation period with the aim of resigning at its end is allowed if the employee has two more weeks of rest at his disposal, otherwise he may need to return to work. In practice, the employer often meets halfway and refuses a two-week period, which is also possible if the application was submitted on time.

For its part, the employer, on the basis of the employee's request, issues two orders - on granting leave and dismissal, since there is no form for a combined document. The currently accepted forms are the T-6 (T-6a) form, which is for a leave order, and the T-8 (T-8a), which is for an order to terminate an employment agreement. At the same time, organizations are also not formally prohibited from creating own combined form.

In any case, the orders issued by the company are required to attach the original statements from the employee.

Of course, all days off must be reflected in the timesheet designed to record the time of employees, as standard days.

Settlement with an employee

An employee who plans to leave after the end of the vacation, has the right to receive the funds that he is entitled to by calculation, three days before going on vacation. The organization is obliged to fulfill all its obligations no later than this date. In particular, they are also entitled to the payment of funds for all non-vacation days. Documents should be issued to the employee on the very last day before he goes on vacation.

Additional information on leave at your own expense without pay is presented below in the video.

Home → Accounting advice → Vacations Actual as of January 25, 2018 Every employee has the right to vacation. But after the rest, the employee may no longer return to work, having previously agreed with the employer on leave with subsequent dismissal. In our consultation, we will remind you what vacations are and tell you how you can combine vacation and dismissal. What vacations are the Labor Code provides for the following types of vacations:

annual paid leave (Art. 114 TKRF), which is basic (Art. 115 of the Labor Code of the Russian Federation) and additional (Art. 116 - Art. 119 of the Labor Code of the Russian Federation);
leave without pay (Article 128 of the Labor Code of the Russian Federation);
maternity leave (Article 255 of the Labor Code of the Russian Federation);
study leave (art.

Before being fired, a person worked for 10 months, of which the last 4 months were on leave without pay. Attention to the Labor Code of the Russian Federation);

the time of parental leave until the child reaches the age of three;
the time of leave granted at the request of the employee without pay, exceeding 14 calendar days in the working year.

This is stated in article 121 of the Labor Code of the Russian Federation. An example of calculating the length of service An example of calculating the length of service that gives the right to annual paid leave Accountant V.N. Zaitseva joined the organization on May 7, 2010.

From June 1 to June 30, 2010 (30 calendar days), the employee, on the basis of his application, was granted leave without pay. Of the 30 calendar days of leave at their own expense, only 14 days in the working year are included in the length of service, giving the right to annual paid leave.

How leave at your own expense affects the amount of compensation upon dismissal

employees who combine work with education;
spouses of military personnel, if they are granted leave at the same time as their husbands (wives) and the duration of the holidays does not match (clause 11, article 11 of the Law of May 27, 1998 No. 76-FZ);
part-time workers when the duration of annual leave at the main place of work exceeds the duration of the leave provided for combined work (part 2 of article 286 of the Labor Code of the Russian Federation);
employees whose right to leave without pay is provided for by the labor (collective) agreement of the organization (paragraph 7, part 2, article 128 of the Labor Code of the Russian Federation).

Documentation Regardless of whether the vacation is mandatory or not, to provide it, the employee must write an application (Article 128 of the Labor Code of the Russian Federation). Based on the employee's application, issue an order to grant leave (in the form of No. T-6).

Working year and calculation of compensation upon dismissal

Then for the whole of October from 01.10 to 31.10. Then she disappeared, today she called and said that she would quit either 11/16 or 11/17. She said that she would write an application for a b / s from 01.11 and immediately for dismissal. Can you tell me how many days we have to pay compensation? Vacation b / s more than 14 days shifts the billing period.

Do I have to count the days from 14.09 to 16.11 and move the period? leave in advance, dismissal without pay Hide Viktoria Dymova Support employee Pravoved.ru Similar questions have already been considered, try to look here:

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Lawyers Answers (1)

All services of lawyers in Moscow Termination of a fixed-term employment contract Moscow from 1000 rubles.

Leave followed by dismissal

Attention

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 the employee is going on vacation according to the schedule, then it is not necessary to take an application from him for the next vacation.

In this case, it is necessary 2 weeks before the start of the employee's vacation or earlier, send him a notice of vacation 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 how to notify the employee (Letter of Rostrud dated July 30, 2014 No. 1693-6-1). In addition to the notification, it will be necessary to issue an order to grant leave to the employee or employees in the form No. T-6 or No. T-6a, respectively (approved by

Decree of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1).
Vacation with subsequent dismissal: how to draw it up correctly In the timesheet in the form of No. T-12 or No. T-13 (approved by the Decree of the State Statistics Committee of 01/05/2004 No. 1), the days of leave preceding the dismissal are reflected as ordinary "holiday" days:

if this is the main paid leave, then the letter code "OT" or the numeric code "09" are indicated;
if the employee is on additional paid leave, then in the report card you need to put "OD" or indicate the digital code "10".

If holidays fall on vacation time, then, as we have already noted, they do not reduce the duration of the vacation, and therefore they are reflected in the time sheet as ordinary days off with the letter code “B”, which also corresponds to the digital code “26”.

Calculation upon dismissal after vacation without pay

Important

Based on the new working year, you calculate compensation according to the formula below. If an employee worked in the organization for less than 11 months in a working year, then for this year he is entitled to proportional compensation (clause 35 of the Rules approved by the USSR CNT on April 30, 1930 No. 169). That is, in this case, determine the number of unused vacation days in proportion to the time worked:

If the employee has worked for more than half a month, then this month must be taken as a full month. If an employee has worked less than half a month, then do not take this month into account at all. This rule is established by paragraph 35 of the Rules, approved by the CNT of the USSR on April 30, 1930.

№ 169.

When calculating the compensation associated with the dismissal of an employee, take into account all his main and additional unused vacations for the entire time he worked in the organization (Article 127 of the Labor Code of the Russian Federation). The right of an employee to receive compensation does not depend on the reason for his dismissal. For those who work under civil law contracts, do not charge compensation for unused vacation.

This is due to the fact that such employees are not entitled to annual leave (Chapter 19 of the Labor Code of the Russian Federation). For more information, see Who is entitled to paid annual leave. Despite the fact that, as a general rule, the right to receive leave in kind arises no earlier than six months after starting work in a new organization, those employees who have worked for less than six months can also claim compensation for vacation pay upon dismissal (Rostrud letter dated October 31 2008
No. 5921-TZ).
If the employee has worked for more than half a month, then this month must be taken as a full month. If an employee has worked less than half a month, then do not take this month into account at all. This rule is established by paragraph 35 of the Rules, approved by the CNT of the USSR on April 30, 1930.
No. 169. In some cases, full compensation is paid if the employee has worked in the working year from five and a half months to 11 months (clause 28 of the Rules approved by the USSR CNT on April 30, 1930 No. 169). In particular, full compensation is paid upon dismissal of an employee in the event of:

liquidation of the organization;
reduction in the number or staff of the organization's employees;
conscription for military service;
recognition of an employee as completely incapable of work according to a medical report.

Labor Code of the Russian Federation the time when the employee did not actually work, but the place of work (position) was retained for him (for example, the time of annual leave or maternity leave, non-working holidays and weekends) the time of parental leave, except when the employee at the same time, he works on a part-time basis, the time of forced absenteeism in case of illegal dismissal or suspension from work, if in the future the employee at work is restored vacation time at his own expense, exceeding in total 14 calendar days per working year the period of suspension from work of an employee who has not passed the mandatory medical examination through no fault of their own while on "administrative" leave at the request of employees.
The period of 14 calendar days is included in the length of service for the provision of annual paid leave; The remaining period of 40 calendar days is excluded from the length of service giving the right to leave. It is for this period that the working year of your employee is shifted by 40 days. 06/23/2013-06/22/2014 (+ 40 days) - 08/01/2014 In this case, in orders for granting leave, you will need to indicate: for the working year from 06/23/2013 to 01/08. 2014. If the duration of unpaid leave was 180 days (half a year), then only 14 days of them are accepted as work experience, and the working year is shifted by 166 days. Based on your question, the employee worked for a year and did not use vacation. Accordingly, he is entitled to compensation for 12 months of work, i.e. full duration leave - 28 calendar days.
At the same time, during the working year, the total duration of holidays at one's own expense should not exceed 14 calendar days. We also note that the work experience, which gives the right to additional annual paid holidays for "harmfulness", includes only the time actually worked in harmful and dangerous conditions labor. When calculating the length of service in months, surpluses that make up 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 NCT of the USSR on April 30, 1930 No. 169). For example, an employee was hired on 03/10/2017, the date of dismissal is 06/01/2018.
The number of full months for the period from 03/10/2017 to 05/09/2018 is 14. Surpluses in the amount of 23 days (from 05/10/2018 to 06/01/2018) are rounded up to a full month. In total, the total work experience with the employer is 15 months (14 + 1).