Leave at your own expense upon dismissal. How to quit without mandatory work? What week do they go on maternity leave?

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Every employee has the right to leave. 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 holidays are

The Labor Code provides for the following types of leave:

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

Annual paid vacation

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

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

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

Another paid vacation: the procedure for providing

The working year for which the employee is granted annual paid leave is counted from the date the employee enters 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 the leave after 6 months. But in agreement with the management, a newly minted 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 the vacation schedule (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 schedule approved vacations for next year(Article 123 of the Labor Code of the Russian Federation).

If the employee is going on vacation according to the schedule, then take an application from him for another vacation no need. 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). approved form there is no such notification, therefore 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 of 01/05/2004 No. 1).

Paid vacation must be 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 the vacation must 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):

• sick or injured. At the same time, benefits for days of temporary disability are paid to the employee in general order(Letter of the FSS of the Russian Federation dated 05.06.2007 No. 02-13 / 07-4830);
• performed state duties, in which the legislation provides for exemption from work. For example, he was a juror in court (Article 10, Clause 3, Article 11 of the Law of August 20, 2004 No. 113-FZ).

If an employee, while on vacation, immediately notified his employer about his illness or the performance of his state 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 USSR Tax Code on April 30, 1930 No. 169) . In this case, a separate extension order is not required. As a result, the employee will return to work later than the originally set end date for 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 the issue of postponing part of the vacation for another period will need to be agreed with him. The employee will have to write an application for the postponement of the vacation.

By the way, if the sick leave was issued in connection with the need to care for a sick family member, then the leave for the period of incapacity for work is not extended and not transferred (clauses 40, 41 of the Order to the Order of the Ministry of Health and Social Development of Russia dated 06/29/2011 No. 624n. Letter from Rostrud dated 06/01/2012 No. PG/4629-6-1).

What is vacation followed by dismissal

Leave with subsequent dismissal is granted to the employee on the basis of his written application. In this case, the last day of vacation will be considered the day of dismissal.

Granting 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 next vacation of the employee before dismissal is provided for by the vacation schedule.

Vacations with subsequent dismissal are not granted to an employee whose employment contract is terminated for his guilty actions.

We also recall that when granting leave with subsequent dismissal, the employee has the right to withdraw his application for dismissal before the day the vacation begins, if another employee is not invited to his place in the transfer order.

Leave upon dismissal

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

• in the form of vacation with subsequent dismissal;
• in the form of compensation for unused vacation.

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

The basic paid leave, which is granted annually to an employee for a period of 28 calendar days, cannot be compensated in money if the employee continues to work. This is its difference from additional leave. After all, to pay monetary compensation for additional paid leave, an employee who did not leave 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 leaves, the situation changes. The employee should not write any applications for compensation, both for the main and additional leave upon dismissal, because the payment of unpaid leave upon termination of the contract is an unconditional obligation of the employer.

The main question that arises when presenting a vacation with subsequent dismissal is how to formalize the separation from an employee in this case.

Vacation with subsequent dismissal: how to arrange it correctly

In the time sheet 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 vacation 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 the holiday is a weekend holidays, then they, as we have already noted. do not reduce the duration of the vacation, and therefore are reflected in the timesheet as a regular weekend 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.

Read also: Work without work book

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 the employee has already taken.

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

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

In the length of service, which gives the right to basic paid leave
entitles you to basic paid leave

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

From 05/05/2015 to 06/30/2016, the employee worked for the employer for 13 full months (from 05/05/2015 to 06/04/2016) and 26 days, which are rounded up to a full month. Total: 14 months.

Step 2: Determine the number of vacation days that the employee is entitled to for the entire period of his work (K p):

K n \u003d 28 calendar days / 12 months * 14 months \u003d 32.67 calendar days

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

Number of days off = 14 + 14 + 3 = 31 (day)

Step 4: Calculate the number of vacation days not taken off (K n):

K n \u003d 32.67 - 31 \u003d 1.67 (days).

Step 5: We determine the average daily earnings (SDZ) for calculating compensation using data on accrued wages for the previous 12 calendar months (billing period) (ZP 12) preceding the vacation, the number of full calendar months (KP) and the number of calendar days in incomplete calendar months (KN) in the billing period:

ZP 12 \u003d (50,000 * 4 + 10,000 + 27,273) * 1.2 + 30,000 + 60,000 * 5 + 40,000 + 110,000 \u003d 764,727.60 (rubles)

KN \u003d 29.3 / 30 * 16 + 29.3 / 30 * 16 + 29.3 / 31 * 24 \u003d 53.94 (days)

SDZ \u003d 764,727.60 / (9 * 29.3 + 53.94) \u003d 2,407.53 (rubles)

Step 6: We calculate compensation for unused vacation (CCW):

KNO \u003d 2,407.53 * 1.67 \u003d 4,020.58 (rubles)

Step 7: We calculate payments to the employee in addition to compensation for unused vacation:

• salary for June 2016: 60,000 / 21 * 18 = 51,428.57 (rubles)
• vacation pay for 3 calendar days: 2,407.53 * 3 = 7,222.59 (rubles)

Also read:

Is there a vacation at your own expense with subsequent dismissal?

I didn't find an answer to my question. My question sounded like this: "an employee wrote an application for a vacation at his own expense with subsequent dismissal" (and not just a vacation with subsequent dismissal) Please answer it if you can. Thanks!

The current legislation does not provide for the possibility of granting leave at one's own expense with subsequent dismissal. The provisions of Art. 127 of the Labor Code relate only to paid vacations, the employee is given the right to choose or receive monetary compensation for the vacation. or, with the consent of the employer, take advantage of paid leave. Let us pay attention to the fact that the provision of leave with subsequent dismissal has always been considered only as a right, but not an obligation of the employer.

If an employee takes paid leave with subsequent dismissal. then before going on vacation, it is necessary to carry out all calculations with the employee, issue a work book and other documents, since after the vacation the employee and the employer will no longer be bound by obligations under the employment contract (letter of Rostrud dated December 24, 2007 No. 5277-6-1 . determination of the Constitutional Court of the Russian Federation of January 25, 2007 No. 131-О-О). This is explained by. that the employee from the first day of vacation can no longer exercise his right to withdraw the application for dismissal, therefore, the issuance of documents should not be delayed.

If you have granted an employee unpaid leave wages in accordance with Art. 128 of the Labor Code, and the employee has expressed a desire to quit after its completion, then until the date of dismissal indicated by him, he retains the right to withdraw the application for dismissal. All personnel documents to dismiss such an employee in accordance with Art. 84.1. The Labor Code of the Russian Federation must be drawn up and issued to the employee on the last day of the notice period for dismissal.

The day of dismissal will be the last day of the notice period. those. in your case 02/24/2014. it is this date that you indicate in the order for dismissal and the work book of the employee.

This conclusion is based on the following:

Dismissal day. as a rule, is the last working day of the employee, unless the employee retained the place of work. When granting leave at one's own expense, the place of work is retained by the employee for the entire duration of such leave. Respectively. the day of termination of the employment contract (day of dismissal), in this case, will be exactly the last day of the notice period for dismissal. If it coincides with the last day of vacation. then it is on the specified day that the employer is obliged to issue all documents to the employee. related to his work.

Note: in practice, cases of granting leave at one's own expense with subsequent dismissal occur (Appeal ruling of the Moscow City Court dated 10.10.2013 in case N 11-30425 / 2013). However, the legitimacy of granting such leave with subsequent dismissal remains controversial, because. labor law does not apply by analogy. and Art. 127 of the Labor Code applies only to paid holidays.

Details in the materials of the System:

1. Answer: Is it possible to arrange a vacation at your own expense with subsequent dismissal

Within the meaning of Article 127 of the Labor Code of the Russian Federation, when an employee is granted leave with subsequent dismissal, we are talking about the provision of paid leave (basic, additional) not used by the employee before dismissal. Thus, the provision of leave to an employee with subsequent dismissal without pay is not provided for by law.

At the same time, an employee, with the consent of the employer, can use leave without pay before dismissal, this cannot be considered a violation (Article 128 of the Labor Code of the Russian Federation). An employee may also apply for resignation own will, already on vacation at their own expense (Article 80 of the Labor Code of the Russian Federation). In any of these situations, the prohibition on withdrawing the application during the vacation period. established for cases of leave with subsequent dismissal does not apply.

Deputy Head Federal Service for work and employment

With respect and wishes for comfortable work, Tatyana Kozlova,

expert of the most personnel reference system "Sistema Kadry"

Petition from all personnel officers in Russia

There are annoying gaps in the Labor Code that complicate the work of personnel officers, although it costs nothing to eliminate them.

TOPIC: Vacation at own expense with subsequent dismissal

Question N 10. Can an employee take a vacation at his own expense
followed by dismissal?

The Labor Code does not provide for the provision of unpaid leave with subsequent dismissal. There is such a norm only for unused paid holidays - basic and additional (part 2 of article 127 of the Labor Code of the Russian Federation).
In practice, employers often apply this rule to holidays at their own expense by analogy (Determinations of the Moscow City Court of February 15, 2013 N 4g / 7-788 / 13 and of December 6, 2011 in case N 33-40058).
According to Rostrud, the employer can grant the employee leave with subsequent dismissal, but this is his right, not his obligation (Letter of December 24, 2007 N 5277-6-1).

Note. Leave followed by dismissal
When granting leave with subsequent dismissal, the day of dismissal is considered the last day of vacation (part 3 of article 127 of the Labor Code of the Russian Federation). It is the last day of vacation that the record of dismissal in the work book of the employee should be dated. Moreover, the last day of work will be the last day the employee goes to work. That is, in fact, labor relations with an employee are terminated with the start of his vacation (Determination of the Constitutional Court of the Russian Federation of January 25, 2007 N 131-О-О and Letter of Rostrud of December 24, 2007 N 5277-6-1).
As you can see, in this case, the concepts of "day of dismissal" and "last day of work" do not coincide. This means that it is necessary to give the work book and make a full settlement with the employee before he goes on vacation - on the last day of work (part 5 of article 80, article 84.1 and 127 of the Labor Code of the Russian Federation).
When granting leave with subsequent dismissal, the employee has the right to withdraw his application for dismissal before the start of the vacation, if another employee is not invited to his place in the transfer procedure (part 4 of article 127 of the Labor Code of the Russian Federation).

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Vacation at own expense with subsequent dismissal 3 years 9 months. back #2155

MOSCOW CITY COURT

Judge of the Moscow City Court N.S. Kirpikova, having studied in the manner prescribed by Chapter 41 of the Code of Civil Procedure of the Russian Federation, the cassation appeal K.I.A. received by the court of cassation on January 17, 2013 against the decision of the Chertanovsky District Court of Moscow of October 21, 2011 and the appeal ruling of the Judicial Collegium for Civil Cases of the Moscow City Court of July 18, 2012 in the case on the claim of K.I.A . to JSC ".." for the recovery of severance pay, monetary compensation for the delay in payment of severance pay, compensation for non-pecuniary damage, according to the counterclaim of JSC ". " to K.AND.A. on the invalidation of clause 6.7 of the employment contract,

K.I.A. filed a lawsuit against JSC ". " for the recovery of severance pay in the amount. rub. cop. compensation for the delay in the payment of severance pay, compensation for non-pecuniary damage in the amount. rub. The plaintiff motivated these requirements by the fact that from April 1, 2011 she was hired by the defendant for the position of chief accountant. The terms of the employment contract provide for the payment of a severance pay in the amount of twelve times the average monthly earnings upon termination of the employment agreement at the initiative of the employee. On June 07, 2011, the employment relationship was terminated, however, upon dismissal, the severance pay was not paid. The unlawful actions of the employer caused physical and mental suffering to the plaintiff.
OAO "." filed a counterclaim against K.I.A. on the invalidation of clause 6.7 of the employment contract concluded between the parties. In support of the stated requirements, it referred to the fact that the specified condition of the employment contract is a malicious agreement of the director of OJSC "." M.M.M. retired from society, and K.I.A.
By decision of the Chertanovsky District Court of Moscow dated October 21, 2011, the initial and counterclaims were denied.
By an appeal ruling of the Judicial Collegium for Civil Cases of the Moscow City Court dated July 18, 2012, the court's decision was upheld.
The appeal K.AND.A. raises the issue of canceling the decision of the court of first instance and the appellate ruling of the judicial board regarding the refusal to satisfy the initial claim, believing that these court decisions were issued in violation of the norms substantive law.
The judge of the court of cassation, in accordance with Part 2 of Article 381 of the Code of Civil Procedure of the Russian Federation, based on the results of studying the cassation appeal, issues a ruling:
1) on refusal to transfer a cassation complaint for consideration in a court session by a court of cassation, if there are no grounds for revising court decisions in cassation. At the same time, the cassation appeal, as well as copies of the contested judicial decisions, remain in the court of the cassation instance;
2) on the transfer of the cassation complaint with the case for consideration in the court session of the court of the cassation instance.
The grounds for canceling or changing court decisions in cassation are significant violations of substantive law or procedural law that influenced the outcome of the case and without the elimination of which it is impossible to restore and protect violated rights, freedoms and legitimate interests, as well as protect public interests protected by law ( Article 387 Code of Civil Procedure of the Russian Federation).
Based on the results of the study of the cassation appeal, no significant violations of the norms of substantive and procedural law committed by the courts in the adoption of judicial decisions appealed by the applicant in this complaint were found, and therefore there are no grounds for transferring the said complaint for consideration in the court session of the court of cassation.
Considering this civil case, the court, on the basis of an assessment of the evidence collected in the case in their totality, for the reasons set out in the court decision, came to the conclusion that the initial and counterclaims were denied.
As can be seen from the submitted documents, on December 31, 2010 K.I.A. dismissed from her position under the Government of the Republic of Bashkortostan in connection with the liquidation of the organization. On April 1, 2011, the plaintiff was hired by OAO ". " for the position of chief accountant in the financial department, an employment contract was concluded with her, under the terms of which K.I.A. fixed salary in the amount. rub. May 25, 2011 K.I.A. applied for leave without pay from May 25, 2011 to June 07, 2011 with subsequent dismissal. asked for compensation for unused vacation and severance pay. Employment contract with K.I.A. terminated 07 June 2011
Thus, K.I.A. worked in the defendant's organization for a little more than two months, of which she actually performed her duties for a month and a half.
It can be seen from the submitted documents that paragraph 6.7. The employment contract provides for the payment of an additional severance pay in the amount of twelve times the average monthly salary of the employee upon termination of the employment contract at the initiative of the employer, as well as upon dismissal at the initiative of the employee.
Refusing to satisfy the claims K.AND.A. The court proceeded from the fact that according to Art. 8 of the Labor Code of the Russian Federation, employers, with the exception of employers - individuals, which are not individual entrepreneurs, adopt local regulations containing labor law norms, within their competence in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements.
In accordance with Art. Art. 56, 57 of the Labor Code of the Russian Federation, the parties to the employment contract are the employer and the employee, the employment contract specifies the conditions for remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments). The employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations.
Article 178 of the Labor Code of the Russian Federation provides guarantees for the dismissal of employees in connection with the liquidation of the organization or a reduction in the number or staff of the organization's employees. In addition, an employment contract or a collective agreement may provide for other cases of payment of severance pay, as well as establish increased amounts of severance pay.
Thus, by virtue of the above provisions of the current labor legislation, the payment of compensation to an employee, including those related to the termination of an employment contract concluded with him, should be provided for by law or the remuneration system in force in the organization established by the collective agreement, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms.
It can be seen from the presented documents that the Rules of Internal work schedule OJSC ".", The Regulation on the remuneration of employees of the specified company, approved on March 18, 2011, does not provide for the payment of additional benefits to employees upon dismissal of their own free will.
The monetary payment specified in clause 6.7 of the employment contract dated April 01, 2011 is not provided for either by law or by internal local acts OJSC ".", severance pay is not and is not intended to reimburse the employee for any costs associated with the performance of his labor or other duties.
Under such circumstances, concluding with K.I.A. an employment contract with the named condition on the payment of twelve times the average monthly salary upon dismissal precisely at his own request, the director of the organization went beyond the powers granted to him, in connection with which the inclusion of this condition in the employment contract by a person not authorized to do so by law and local acts of the employer, does not generate for the parties labor relations relevant legal consequences, since the true will of the employer to determine labor rights relations does not express with the worker.
In view of the foregoing, the court came to the reasonable conclusion that the establishment of compensation payment in the amount of twelve times the average monthly salary of an employee general principles regulation of labor relations, the principles of proportionality, reasonableness and reasonableness does not meet, and therefore there are no legal grounds for satisfying the stated K.I.A. claims for the recovery of JSC "." severance pay upon dismissal. Since the satisfaction of the claims for the recovery of severance pay was denied, insofar as the plaintiff's claims for compensation for non-pecuniary damage are also not subject to satisfaction.
In addition, at the court session it was established that the employment contracts with other employees of OAO ". " did not include a condition on the payment of an additional allowance in the amount of twelve times the average monthly earnings of an employee. The employment contract arose at the moment when it became known about early termination powers of the General Director M.M.M. From the submitted documents it can be seen that the director of OJSC "." M.M.M. By Decree of the President of the Republic of Bashkortostan dated May 10, 2011, he was appointed Deputy Prime Minister of the Government of the Republic. On May 18, 2011, his powers were terminated at his own request. Grounds for granting K.I.A. significant advantages over other employees are not named, and the court has not established.
As seen from the submitted documents, sole founder and the shareholder of JSC ". " is State Corporation on atomic energy ".", which on March 30, 2011 sent the listing of posts staffing in accordance with the methodology of the sectoral system of organization of remuneration, proposed to establish only official salaries, the issue of integrated incentive bonuses was proposed to be considered in two months following the results of the assessment of employees, since the budget of the company has not yet been approved.
This instruction of the founder of OJSC "." was actually ignored by the director of the said company when clause 6.7 was included in the employment contract concluded with K.I.A.
Refusing to satisfy the stated requirements, the court rightly proceeded from the fact that the condition of the employment contract on payment of compensation upon termination of the employment contract at the initiative of the employee indicates an abuse committed by the parties to the agreement in determining the terms of the contract.
This conclusion of the court is correct, it is motivated in the decision by the court and is not refuted in the cassation complaint, since the said payment does not apply to the compensation payable upon dismissal of the employee on the specified grounds, is not a severance pay and is not aimed at reimbursement of costs associated with with the performance of labor or other duties, and is also not provided for by the system of remuneration of employees in force in JSC ".", and therefore it is arbitrary, reflecting the abuse of the right when concluding such an employment contract.
The panel of judges agreed with these conclusions of the court of first instance, leaving the decision of the court unchanged.
The conclusions given in the decision of the court and the appellate ruling of the judicial board are motivated and in the cassation appeal are essentially not refuted by anything. There are no significant violations of the norms of substantive and procedural law committed by the court of first instance and the judicial collegium, based on the arguments of the cassation appeal, and the court of cassation instance is not endowed with the right to establish new circumstances in the case and give an independent assessment of the evidence collected in the case by the current procedural legislation.
In view of the foregoing, guided by the provisions of Part 2 of Article 381, Article 383 of the Code of Civil Procedure of the Russian Federation,

Vacation at own expense with subsequent dismissal is a procedure that assumes that an employee who decides to terminate an employment relationship with his enterprise goes on an unpaid vacation, during the entire period of which he is formally listed among the company's staff, and only on the last day is considered dismissed.

This scheme is generally accepted only with the consent of the head, who can both agree with the request of a subordinate, and refuse him, with the exception of some categories that have an unconditional right to such a period of rest.

When filling out an employee, two applications are written, on vacation and on dismissal, for its part, the employer issues two orders, although it is allowed to combine them into a single one.

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

Under Russian law, all employees are entitled to annual paid vacation. Wherein this opportunity 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. Exist various categories persons who certain period rest must be provided. Its duration depends on the specific group in question.

So, the participants of 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 mutilation, injury or concussion if he was injured in the course of performing official duties either because 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.

Disabled people have the right to unpaid leave duration 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 granting such a benefit may be provided for in collective agreement specific 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 with this scheme this person is listed among the staff of his employer until the last day of vacation, 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 general condition, in accordance with which the filing of a letter of resignation is made 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 the end of it 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.

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;
• Retirees making 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 on the occasion of 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

AT labor law it is noted that this species vacation 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. It's absolutely different types 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 guarantees " 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 vacation included in the length of service with a mark on child care. Until the child is one and a half years old, the mother will receive a special allowance every month social insurance. 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

Leave at your own expense family circumstances and others good reasons. The employer decides to release the employee on time off or, on the contrary, refuse him. In rare cases, the grant of leave is prerequisite for the company, if there are good reasons for it. 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 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 vacation at his own expense.

What week do they go on maternity leave?

What week do they go to maternity leave not every woman knows. The reality of our world is such that representatives of the beautiful half of humanity work on an equal footing 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.

Having decided to terminate the employment relationship with the employer, each employee has the right to take leave with subsequent dismissal, and its provision does not depend in any way on the previously drawn up annual schedule. The process is characterized by certain nuances, since a person has the right to request compensation for unused days, or to make an application and spend the days due before leaving, looking for a new job.

What is vacation followed by dismissal

Taking a vacation before quitting is possible only if the termination of the employment relationship occurs due to own initiative or by mutual agreement of the parties. However, in this case, the employer reserves the right, at its discretion, to allow the employee to rest or to pay compensation for unused vacation days. If the calculation is due to a violation labor discipline or for other similar reasons, it is not allowed by law to take a vacation before dismissal.

Legal regulation

According to the Constitution Russian Federation every person has the right to rest, for this reason the employer cannot prevent the employee from exercising this right. The fact that a specialist can take a vacation, and after spending these days, quit, is written in the Labor Code, and more precisely, in article 127. In addition, you need to pay attention to federal laws, an employment contract, since some nuances may be prescribed there, for example, additional vacation days, which you also need to use or receive compensation for them.

Realization of the right to rest upon dismissal

It is often possible to observe a situation when an employment contract is terminated with an employee, and this can happen both on the employee’s own initiative and at the request of the management. If by this time the subordinate has not exercised his right to take paid rest, which is due annually, the provision of these days before leaving is an integral part of guaranteeing the employee's labor rights. However, employers do not always advertise such an opportunity, but during the rest, the employee retains all rights:

• he continues to have a workplace;
• length of service is extended for the entire vacation period;
• in case of health problems, a paid sick leave is due.

Grant of leave followed by dismissal

As noted, according to the law, before quitting, an employee has the right to take time off for the prescribed period of vacancy. As practice shows, this can be done in two ways. In the first case, the employee goes to rest according to a schedule drawn up and approved in advance, and he can write an application for resignation immediately before or directly during the vacation period.

It is important to comply with all the formalities here, since, according to the law, the employer can force an employee to work for a two-week period before dismissing him. At the same time, it is worth knowing that there are some circumstances and categories of workers who do not need to work out:

• when enrolling as a student in higher education educational institution;
• upon reaching retirement age;
• moving to a new place of residence of the spouse;
• if it is necessary to care for a child, a disabled person or a sick relative;
• at the discretion of the leadership.

You can apply for leave at the same time as applying for leave. In this case, it is not necessary to adhere to the approved schedule. Sometimes they can also be fired for other reasons, for example, the owner of the enterprise may change, there may be a reduction in staff, etc. In this case, instead of a letter of resignation, an employee of the organization signs a notice, which indicates his consent, and writes an application for leave with subsequent dismissal.

Compensation for unused

According to Russian law, providing an employee with a vacation period with the opportunity to quit after its expiration is not an obligation of the employer, but a right. For this reason, the supervisor may provide compensation for unused employee days. This option occurs when there is already a replacement for the place of the dismissed employee, since the employee has the right to withdraw the application for dismissal up to the last day preceding the rest.

How to arrange

In order to comply with all the formalities and correctly execute the documents, it is necessary to carry out a number of actions, some of which are performed by the person leaving, and some of them lie on the stoves of other employees of the organization. Here is an example algorithm of actions:

1. the employee submits a written application, depending on the dismissal procedure chosen by him;
2. the application is endorsed by the immediate supervisor and transferred to the personnel department;
3. after agreeing it with the management (general director), an order is issued to grant leave;
4. the document is registered, and the employee confirms with his signature that he has read it;
5. a settlement note is drawn up;
6. the employer signs the order to dismiss the employee;
7. this order is registered in the corresponding journal;
8. the dismissed employee is obliged to familiarize himself with the document, as evidenced by the signature of the employee;
9. issuing a settlement note;
10. full payment is made with the employee;
11. in a personal card and a work book, an entry is made about the dismissal;
12. a work book is handed to a person in his hands.

Vacation with subsequent dismissal of one's own free will is reflected in the time sheet using form No. T-12 or No. T-13 in the same way as standard vacation days:

• main vacation period - code "OT" or "09";
• additional - "OD" or "10";
• holiday weekends - "B" or "26".

Sometimes an employee decides to withdraw the letter of resignation already during the holidays. With the consent of the management, this is possible, even though an entry in the work book has already been made. In this case, the entry is invalidated, and the dismissal is annulled.

Application for a vacancy

For the provision of a vacation period, an application is submitted in any form addressed to the head of the enterprise. It indicates the start date of the holiday and the number of calendar days. If after that the employee plans to quit, then a separate application is made. After submitting applications, a separate order is issued for each of them. The application form is in the following form:

Resignation letter

If you plan to take a vacation with further dismissal, the law allows the text of both statements to be combined into one. It indicates the start date of the holiday, the number of days and the reason for the break in labor relations is necessarily prescribed. An application is drawn up by the employee in any form and looks like this:

Order on granting leave with subsequent dismissal

The enterprise can develop its own form of an order to provide employees, followed by dismissal. If the organization follows unified forms, then you will have to draw up two orders: on the provision of leave and on dismissal, regardless of whether the employee wrote two separate statements, or executed one. Sample Sample an order that can be developed at the enterprise looks like this:

How is vacation time calculated?

When an employee leaves, the unused vacation period under the current code is provided in full. If there are unused days from previous years, they must also be added. An example algorithm looks like this:

1. the length of service at the current place is calculated;
2. the number of vacation pay that is due to the person leaving for the entire period of work is determined;
3. the number of non-holiday days is calculated;
4. average daily earnings are calculated to calculate vacation pay;
5. payment is calculated.

How to determine dates

According to the law, dismissal occurs on the last day of vacation, but the termination of employment falls on the day preceding the first day of rest. When an employee leaves Special attention it is necessary to pay attention to the following dates, which will help to carry out the entire procedure in strict accordance with the law:

• acceptance of the application personnel worker;
• registration of the application in the registration log;
• execution of the order (s);
• date of receipt of vacation pay;
• date of final settlement;
• the date of termination of the employment relationship, an entry made in the employee's work book.

Determination of work experience with the employer

Since for each year of work an employee of the organization is entitled to a paid vacation period, it is necessary to determine the insurance period of his work with this employer. The countdown starts from the first working day, and it does not matter on which date it falls. From this moment the working year is counted. For example, if a person got a job on 12/02/2005, then the first year will be considered from 12/02/2005 to 12/01/2006 inclusive, the second - from 12/02/2006 to 12/01/2007, etc.

Holidays include:

• all calendar days, including those when a person was on sick leave, on maternity leave.

Holidays not counted:

• at own expense for more than 14 days;
• for child care.

Determination of due vacation days

According to the legislation, each employee has a 28-day vacation period per year. This is the minimum that the employer must provide. He can take these days at a time or break the entire vacation into parts. In addition, he always has the right to take a vacation at his own expense with subsequent dismissal. In some organizations, in addition to the legally established threshold, additional days may be charged, for example, for length of service, harmfulness, for a contract, etc.

The procedure for calculating compensation for unused vacation

If an employee decides to quit and before that does not use the leave prescribed by law and contract, the Labor Code obliges the employer to pay compensation to the employee for them. You can calculate its amount using the following formula:

KNO = KNDO x SDZ, where

• KNO - compensation for unused vacation period;
• KNDO - Number of unused days;

According to article 122 of the Labor Code of the Russian Federation, an employee has the right to annual leave for the first year of work after six months of continuous work in this organization. And you've done all eight. In order to exercise this right, you need to apply to your employer for leave with subsequent dismissal. In this case, the last day of vacation will be considered the day of dismissal.

The law also provides for a situation in which you change your mind about quitting. According to Article 127 of the Labor Code of the Russian Federation, you can withdraw your application before the start of the vacation, if another specialist was not invited to transfer to your place.

How to issue a vacation order with subsequent dismissal

To do this, you need to issue 2 orders:

Leave order - you need to choose which one (annual, leave without saving salary), because the calculations in the accounting department for salaries and compensations depend on this.

The order to terminate the employment contract - put in the "Basis: clause 3 of article 77 termination of the labor. contract. on the initiative of the employee", tk. in Art. 80 of the Labor Code of the Russian Federation, a reference is made to the fact that, by agreement of the parties, an employee can terminate a work contract. and before the expiry date.

We also note that you can issue orders on one date, and labor should be given to the employee on the last day of vacation (because this day is the day of dismissal) and also make an entry on this day. Those. firstly, on the day of dismissal, the employee must be given a work book and make all calculations with him, and secondly, if you have not found a candidate for a vacant position, then the employee has every right to withdraw the letter of resignation and you must take it back , and if you have already made a record of dismissal, then you will need to make adjustments to the labor, but if you have already found a new employee for this position, then you can safely give the labor before the day of dismissal.

When an employee submits an application for an annual paid leave with a voluntary resignation at the end of the vacation, many accountants find it difficult to figure out how to properly issue a dismissal. The problem is that computer programs do not provide a standard form that allows you to simultaneously issue both leave and dismissal. In addition, the date of the dismissal order and the date of the dismissal itself are significantly different. How to issue a dismissal order on the last day of vacation?

The unified forms of orders for personnel, used including computer programs, do not really contain a single form for the simultaneous registration of both leave and dismissal, which is quite natural, since the order on annual paid leave is stored for 5 years, and on dismissal - 75 years old. Therefore, it is necessary to separate the procedure for registering annual paid leave from the procedure for registering the dismissal of an employee on his initiative on the last day of vacation.

The order to grant leave (form T-6) must be prepared taking into account the fact that, on its basis, payment for the leave must be made no later than 3 days before it starts (Article 136 of the Labor Code of the Russian Federation). It should be noted that compliance with this period is controlled by the labor inspectorate.

An order to dismiss an employee at the end of the vacation can also be issued on the last day of the vacation. However, at the same time, one should not forget about the need to comply with all legal requirements, about the procedure for terminating an employment contract. In this regard, the employee will have to come to work on the last day of the vacation in order to familiarize himself with the dismissal order, sign the T-2 personal card and receive a work book. Thus, in this situation, it seems appropriate to issue a dismissal order before the start of the vacation and, on the last working day before the vacation, fulfill the above legislative requirements for the dismissal procedure, including the issuance of a work book, since the employee no longer has the right to withdraw his application for dismissal