Marat Bogdanov:
available it is possible, just the bosses do not speak, come on the last day of vacation and write a statement about dismissal)) Natalia advises wrong. After vacation, you will have to work for another 2 weeks. Write a vacation application with subsequent dismissal - and you can not return back. Available. While you are on vacation, and the term of this work is passed.
Read completelyPolina Gerasimova:
Acceptance of work during vacation with subsequent dismissal Art. 127 TK RF. On the last working day, before the start of vacation, the employee is obliged to make a complete calculation and to issue a labor book. "To change the mind" to dismiss it only until the day of the holidays. Accept you may for the period of vacation because The worker is still on vacation, although followed by dismissal. And then the contract will become indefinite, if you are not fired at the end of her vacation. And can fool. I agree with Elena Kovalenko
Read completelyAida Kazakova:
Tell me: I decided to quit a couple of days before the holidays Go on vacation, get your holidays and apply for dismissal on the last day of vacation own willing. The application for dismissal can be sent by mail and at the same time send an application for sending your employment book ... Well, since vacation for two years, then it is clearly more than 14 days, but because You are obliged to warn about your dismissal in two weeks, you can write an application for dismissal to dismissal - recalculation cannot be done - not legal and nothing else ...
Read completelyAlisa Tarasova:
Fix. Afterbirth. Slave day April 30. There are 2 weeks of vacation that fall into May. How will they pay them? on the day of dismissal will pay compensation for unused vacation. In no way, you will pay compensation for unused vacation. Either you dismissed another number with the leave. If you dismiss 30go, then where are holidays? You have compensation for vacation 14 days Olga Law
Read completelyMadina Romanova:
Lessa with subsequent dismissal. If the date of dismissal is on the working day? then you have to work this day. It is better to quit on the last day of vacation If we make a vacation with the subsequent dismissal at your own request, then the day of the dismissal will be the last day of vacation. See Article 127 Labor Code of the Russian Federation
Read completelyAlexander Philippov:
I'm leaving on vacation with subsequent dismissal. Can I pick up the labor book on the last day of work? if you have written in the statement that you ask to provide a vacation with the subsequent dismissal, then work. Laptop must be issued to you on the last working day, i.e. On the last business day before leaving. There are advice of lawyers by labor ... the labor book must issue on the last day of work, and the dismissal date will be in it-last day of vacation. The last day of work is considered to be the day of dismissal. If you are on vacation, then the last day of vacation. After that, make up the slider and ...
Read completelyGordea Zakharov:
how long should the condensation be paid for unused vacation during dismissal? On the last working day - the day of dismissal with the employee should make a final calculation, including to pay compensation for unused vacation, to issue a labor book. See Art. 140 TKRF. Directly with respect! I was paid on the same day into which I was quitting simultaneously with the calculation. No later than 3 days before dismissal. It seems of days in 10. Immediately should calculate and condensation.
Read completelyGleb Matveyev:
If, while on the next vacation, I will decorate on your own accord, will I work for 14 days? According to the written statement of the employee, unused leave can be provided to him with subsequent dismissal (except for cases of dismissal for guilty actions). At the same time, the day of dismissal is considered the last day of vacation. With ... According to the law, Polyista themselves, the Labor Code of the Russian Federation, you are obliged to notify the head about the intention to quit. And point. It doesn't matter on vacation or on sick leave. Legislation in this case on the side of the employee. If you jerk ...
Read completelyNikita Semenov:
Payment of leave after dismissal. When dismissal, the employer is obliged on the last working day (on the day of dismissal) to pay monetary compensation for unused vacation days, according to Art. 127 TK RF. For each spent month, 2,33 days of vacation were laid, if worked out ... Of course laid. The number of days of vacation (remaining) is calculated as follows: 3.33x the number of months you have worked with you - the number of days is inconvenient. Wound for 5 months of course, it is put. According to Art. 127 TK RF when dismissing an employee ...
Read completelyPolina Sokolova:
on vacation with the pilot Filling the last day of vacation - day off. What number to dismiss? Daily dismissal - the last day of vacation. Does not have absolutely value-day off this day or not, after all employment history With the record of dismissal, it should be issued on the last day of work - before leaving for vacation ... .. After the start of vacation, the employee ...
Read completelyRustam Solovyov:
Is it possible to quit according to it. Wisness on the last day of vacation? What article TK? article 77 Clause 3 - dismissal at your own request. The preposition "C" is not written. Missify for example on May 11 - it means on May 11, your last slave day or the last day of vacation An application for dismissal can be written on vacation ... 2 weeks before the end of the holidays, that the statement would have the statement .... at the end of the holidays - come and get the workbook. Application If I did not write on vacation, followed by ...
Read completelyGleb Matveyev:
how to quit yourself at your own desire without work? If you have ugly holiday days, you can go on vacation with the subsequent dismissal, if, of course, vacation is at least 2 weeks. In this case, compliance with the schedule of vacations that exists in the enterprise is not required. 2 weeks it is not ... you can take the sick leave for these 2 weeks, or in the account of a non-gluable vacation of them in accordance with Art. 80. Labor Code The Russian Federation - by agreement between the employee and the employer, the employment contract may be terminated until the expiration of the term ...
Read completelyMikhail Bragin:
application for vacation with subsequent dismissal How should you pay? On the last working day before holidaying with you, you must make a complete calculation (pay salary, vacation) and give the workbook (while the date of dismissal will be the last day of vacation). From the letter of Rostrud dated December 24, 2007 5277-6-1: when ... normally. Before leaving for vacation, vacation benefits are paid. On the day of dismissal, everyone else, due to the dismissal of the amount. The question is incorrect. Vacation is paid as usual. What else do you want? If you have worked more than 6 months ...
Read completelyKirill Petrov:
Can I write an application for dismissal on the last working day before vacation? come to return the vacation dismissal after the holidays. Normal phenomenon go on vacation and send a statement from vacation by registered letter with the description. Custom registered at the entrance, if you confirm the receipt. Yes, everything is fine. Can. You...
Read completelyInna Bogdanova:
can "throw" a boss with a salary if I quit? The whole settlement should pay on the last working day before leaving and work out too. I did not go on vacation, but received compensation for unused vacation. Officially, I paid for a worked month, for an unfinished month and ...
Read completelyGeorgy Ilyin:
i am on vacation and I want to quit. It is enough to work out 2 weeks or will be fired from the date of submission of the application7 You can apply for dismissal 14 days before leave. On the last day of vacation you must dismiss. from the date of submission of the application, consider 2 weeks and you are free, as a snot in flight there is no concept of working out. It is enough to warn in 2 weeks. If these two weeks fell on vacation, they are counted how to negotiate with the leader. If you do not want...
Read completelyDmitry Afanasyev:
Fucked 15 days of vacation, I want to quit. What should I do? I still need to work out 2 weeks? Two weeks will work out and get for two weeks to work + two weeks vacation. It depends on how much I worked before! If a year, then the calculation for 2 weeks of vacation. Write a statement, and testing to the discretion of the employer! No, you need to warn ...
Read completelyMarseille Vasilyev:
does vacation before dismissal? Or will any equal pay compensation for it? That's your business! You can take leave with the subsequent full calculation! It is profitable if you dismissed nowhere! The vacation period will go to the experience. And so without difference. Compensation for unused vacation will still be paid. And after dismissal or even better on the last working day, leave the hospital. Then they will play recommendations. I took a vacation! I wrote an application for it for a period of 32 days (so much unexplored) followed by ...
Read completelyRamil Bogdanov:
Dismiss the trash. Do I need to pay compensation when dismissal? Good day! Yes, you need to pay in your case. Compensation for unused vacation days is allowed to all employees regardless of the cause of dismissal (Article 127 of the Labor Code of the Russian Federation). It is necessary to take into account all the main and additional unused vacation ... how much worked? Pink him, and not compensation yes. By law, you must calculate it from and to. You must make a full calculation, including compensation for the free. Vacation. There is no compensation for the period of compensation, only for spent time ...
Read completelyEvelina Gerasimova:
i want to quit how to pay me vacation or not If not used days of vacation, they must pay
Read completelyRobert Stepanov:
Will vacation benefits? 28 days left before vacation. I want to quit. Money for unused days of vacation can only be paid when dismissal. Calculation is called. But you can apply for vacation with subsequent dismissal. Then you will be given this holiday outside the graph, but the last of his day ... we must go on vacation with subsequent dismissal. Compensation for the unused vacation there is a penny in any case, according to the law, you must pay compensation for unused vacation. Of course they will pay, just not vacation, but compensation for ...
Read completelyVictor Alexandrov:
I wanted to leave on the last working day before 2 weeks vacation (continued in the question.) write a statement and go on vacation. Finding on vacation or hospital enters the warning period upcoming dismissal. Write a vacation application with subsequent dismissal. How do you imagine your "! Working" if you get fired and will be in your organization a stranger ??
Read completelyCyril Morozov:
Dismissal without working with accumulated vacation 100 days. How is it right and what duration take vacation? If employees are in another paid vacation, they also have the right to quit, warning an employer for this 14 calendar days. The day of dismissal can not be before the end of the vacation. Employees 1. Can write ... You will be fired only after vacation, since on vacation you continue to be listed in the organization. If you don't need a big pass for the transition to another job, then the perfect option is to take a vacation for only 1 week, and the remaining 90 days ...
Read completelyAlisa Maksimova:
if I want to quit, being on vacation, is it that you will fill me on the last day of vacation (recording in labor)? The employee must warn the employer in 2 weeks. If you are warned at the beginning of vacation, that last working day will be the last day of vacation, and if in the last days of vacation, you may need to still work the remaining days. Yes, quite right, the date of dismissal will stand the last day of vacation in accordance with Article 127 of the Labor Code on the written statement of the employee unused leave can be provided to him with the subsequent dismissal ...
Read completelyMilan Stepanova:
After dismissal, it is necessary to work 14 days. Is it possible to take unpaid vacation at this time? Are these days? Why did you get it? TC obliges only to warn about the dismissal not later than 14 days before the date of dismissal. You can even pay for vacation. And even sick leave. Labor Code of the Russian Federation, Article 80. Termination labor contract by... If the employer does not mind, then take a vacation at your own expense. I just do not see in this sense for the employer, it's easier to dismiss you immediately. After dismissal, it is not necessary to work out a single minute.
Read completelyMatvey Orlov:
If a person goes on vacation, followed by dismissal for how many days he needs to write a letter of dismissal. There are 2 options. 1. Write one statement "I ask you to give a vacation with ... with the subsequent dismissal ..." the employer publishes 2 orders: one vacation, second to dismissal. Pros: the date of dismissal will be the last day of vacation, and the full calculation ... In accordance with Article 80 of the Labor Code of the Russian Federation, the termination of the employment contract on the initiative of the employee (at the other request) - the employee has the right to terminate the employment contract, warning about this employer in writing No later than ...
Read completelyMiroslav Borisov:
should I pay for a vacation if I quit 2 days after the holidays? The employer violates the labor legislation, and in particular Art. 127 TK RF, where it is established that when dismissal is paid financial compensation For all unused vacation days. For each spent month, 2,33 days of vacation were laid ... we must pay for a non-governmental vacation. If you did not pay compensation for unused days of vacation - urgently complaining about the prosecutor's office .... You have 3 months to appeal to the court for the protection of your rights. Look at estimated leafthat you ...
Read completelyGleb Mikhailov:
The employee quit during the holidays, is there days of working on vacation? (In Kazakhstan) no work exists. This you warn your employer about your care for 2 weeks. At this time, you can be on vacation, hospital and so on. ▬▬▬▬▬▬▬▬▬ஜ ۩۞۩ ஜ▬▬▬▬▬▬▬▬▬▬▬ I invite you to kiwi-multiplier kiwi50.rf! Hot start ...
Read completelySvyatoslav Novikov:
Tell me if I felt in vacation time, and Before going to work, let's say 10 days they can let go)) The worker has the right to terminate the employment contract, warning the employer about this in writing no later than 2 weeks, (already on vacation?) No? then write a statement: "I ask me to give me an annual ... If during the holidays you are going to quit, then keep you should not. Usually, the declaration of dismissal is written two weeks before dismissal (Article 80 of the Labor Code of the Russian Federation), but you can dismiss you before. If you write a vacation application, count with ...
Read completelyGeorgy Solovyov:
can there be monetary compensation for unused labor leave if it worked part-time When dismissal, monetary compensation is obliged for unused leave days (Article 127 of the Labor Code of the Russian Federation). For each spent month, 2.33 days of vacation (28: 12 \u003d 2.33) were laid. And it does not matter is the work of basic or work on ... if this is spelled out in the employment contract, the alignment does not provide for leave. You worked for the main time you can, but only when dismissal. You can get compensation for unused vacation with the consent of the employer. If the employer ...
Read completelyMarina Medvedev:
for 18 days of vacation, with subsequent dismissal. I can get out of your mind to dismiss? According to Article 127 of the Labor Code - when granting leaves, followed by dismissal when terminating the employment contract on the initiative of the employee, this worker has the right to withdraw his application for dismissal before the day of the holiday of vacation ... by the provisions of Article 80 of the Labor Code of the Russian Federation: before the expiration of the warning of the dismissal, the employee has the right at any time to withdraw its statement: the dismissal in this case is not being carried out if it is not invited in his place in writing another ...
Read completelyRostislav Nikolaev:
compensation is harvested for unused vacation when dismissal When dismissing the employee, compensation for all non-reliable days of vacation is paid. if an unused vacation remained for the spent time, then when dismissing an employee, the employer is obliged to pay compensation for this vacation. Yes, it is imperative. Everything is paid. Necessarily.
Read completelyRuslan Vishnyakov:
are I obliged to pay for vacation? Moved the other day If the employee has worked for 15 days or more, then it has already been compensated for unused days of vacation during dismissal. Compensation for dismissal is calculated in proportion to spent time. For each worked month, 2 ... tell me when you were decorated, the reception, a month, a year, how much did you give money when dismissal and did you take a vacation without salary salary and when and how much and the form of the Treaty of Effective) If you have worked for a full year, you should ...
Read completelyVasily Petrov:
What time after dismissal should pay salary and vacation pay? on the last day of work ( Should have paid before dismissal. If the amount is large - through the court. Full calculation with the employee must be produced on its last working day on the last day of work. And still give the workbook. You have a month after the day of dismissal ...
Read completelyRoman Egorov:
Tell me, please, I want to go on vacation for 20 days, and then on vacation to quit. You are right, it is better to go on vacation at first, and then (being on vacation) Write an application for dismissal. Counting Study begins from the next day after submitting an application for dismissal. And to submit an application for dismissal on vacation, and ... In any case, the statement must write 2 weeks before the care you must warn the employer for 14 days, you can write a statement directly before leave or already in it. You will be fired immediately at the end of vacation. Date of dismissal can not ...
Read completelyNika Dmitrieva:
after how many days should pay compensation for a non-governmental vacation when dismissal? On the day of dismissal: salary for spent time and compensation for vacation. The day of termination of the employment contract in all cases (for individual exceptions) is the last day of the employee, ... (Art. 84.1 of the Labor Code of the Russian Federation) when dismissing the employee is paid monetary compensation for all unused leave (Art. 127 ...
Read completelyVera Nikiforova:
Question about dismissal (inside) Hospital leaf during the holidays gives the right to extend the days of vacation, but if you gathered to dismiss, these days of non-in-depth vacation can pay as compensation for a non-governmental vacation, and sick leave In any case will pay. 08/31/08 Distribute you no right, because This is a day off if you have a vacation extend to 9 calendar days, then your dismissal falls on 2.09.08. I do not need to write statements, because The frameholder himself must make an order for the extension ...
Read completelyRustam Solovyov:
tell me how compensation is calculated for a non-gluable vacation if, when I dismissal, I have 49 days of vacation compensation is calculated, as well as vacation. Challenge 12 months before the month of dismissal and share on the number of spent calibium in the year. In more than a completely worked month, 29.4 days for a completely worked month is not completely worked out, then ...
Read completelyOlga Ponomareva:
When to go with a statement for dismissal - on 1 day after vacation or on the last day of vacation? it is best to send by mail (by registered mail) at the very beginning of the holiday, then the last day of vacation will be the last work day, Article 127 of the Labor Code of the Russian Federation even if you go on the last day of vacation, the employer has the right not to give you a vacation, an exception if there is a vacation schedule.
Read completelyLeonid Kuzmin:
i want to quit immediately after the holidays, so that 14 days of working out on vacation. Being on vacation, you can write a letter of dismissal. When dismissing you will be paid compensation for unused days of vacation, based on the fact that for the year of work, the employee has 28 calendar days of vacation. Keep in mind if you ... Write a vacation application with subsequent dismissal. And everything is in order. I myself dismissed so much. And they will pay as vacation. And you can take not 14 days and 17 (in just a year there are 28 days of vacation). And you must pay all the days to write ...
Read completelyZlata Komarov:
Application for vacation with subsequent dismissal (number of days from 1.09 Monday-14.09 Sunday)? Good day! Documents related to work (Labor book, certificate of earnings, etc.), as well as all relying amounts will be issued and paid on the eve of vacation. In the staffing documents, the date of dismissal will be the last day of your vacation, and ... your last working day you will have on August 31. On this day, you must issue a labor book and final calculation. And September 14 will be simply paid for the day of vacation.
Read completelyKonstantin Dyachkov:
how to move well from work in one day without thoring two weeks arrange a two-week vacation with the subsequent dismissal of the hospital approach the director and speak normally
Read completelyAmelia Popova:
compensation for not used vacation when dismissal The obligation to pay compensation for all unused days of vacation is assigned to the employer of Art. 127 TK RF. You note: vacation is provided for the worked working year, and not for the calendar. From 07.02.2011 to 06.02.2012 - ... You are fully calculated when dismissal, including for unused vacation. And there is no need to require: everything should be included in the final calculation with subsequent one-time taxation ... when dismissing an employee ...
Read completelyTamara Vasilyeva:
And how to do it - dismiss from work? If you have days of unused vacation and they are about 14 days (this is provided that you work for half a year or more and did not go on vacation), then boldly write a vacation application with the subsequent dismissal. Single at the hospital for 14 days then come from the hospital picking docks and you are free. By agreement with the leadership - if they are released without working, it is possible not to work out. Two weeks is given to your place to find ...
Read completelyMiroslav Borisov:
Is it possible to quit from work being on vacation .. and the day of dismissal so that it is the day of the end of the holiday .. In accordance with the TK RF, you must prevent the employer about the upcoming dismissal of at least 2 weeks. On the day of dismissal, you must be paid compensation for unused vacation. By agreement with employers, you can ... No, it will be necessary for another 2 weeks to work can be dismissed and one day. If you have a good relationship with the manual. The law does not oblige strictly work out 2 weeks. At the discretion of the management of the organization. I myself was a dealt with one day ...
Read completelyEvgenia Stepanova:
Do I need to write an application for monetary compensation of unused vacation days when dismissal? No, the application is not necessary to write, the accountant must calculate you and pay compensation for unused vacation when dismissal - money will get on the last working day. For two years, you earned 36 + 36 \u003d 72 vacation days (along with optional). 72-15 \u003d 57 days left (unused vacation). When dismissing compensation for unused vacation is paid to employee in obligatory. Statement...
Read completelyMarseille Vasilyev: About vacation ..
About vacation .. If you are planning pregnancy, why do you dismiss? Bring the case to the end and work before the decree. Vacation to provide you required Yes, your employer Kamikadze. Who is pregnant dismisses on the initiative of the employer ???? that I have big doubts about your dismissal. What article do you want to dismiss? Not so easy to dismiss on the initiative of the employer, and those ...
Read completelyJulia Zaitseva:
Is it possible to refuse an employee when dismissaling in the ran away of the unused vacation (worked18 months., Fucked 28 days) According to the written statement of the employee, unused leave can be provided to him with subsequent dismissal (except for cases of dismissal for guilty actions. At the same time, the day of the dismissal is considered the last day of vacation (part ... What kind of news is a vacation proportionally spent time (this is to answer Jana)? Where did you find this? And now I answer Ladushka: if an employee has a vacation approached schedule, then he has the full right to use it. If not, then only ...
Read completelyMikhail Bragin:
when you leave, followed by dismissal when you need to dismiss: on the last day of work or on the last day of vacation? Yes, I agree with Boris and Tanya. Not only, and 3 days before the start of vacation, you need to give holidays! And in this case, just the moment when the employee can no longer be able to withdraw his application for dismissal at his own request during the holidays before ... on the last day of vacation, because Day of dismissal is a working day and if the day of dismissal will be a trail. Day after graduation, the person will have to work this day. Day of dismissal - the last day of vacation, and the issuance of labor and the calculation ...
Read completelyAmina Pugacheva:
what amount of vacation pays is paid if you went on vacation in half a year from the date of registration? Vacations are fully paid, but in the case of your dismissal before the expiration of the year from the day of employment, the excessive paid amount of vacation pay will be kept the average salary for the spent period. Middle s / n per month.
Read completelyVictoria Frolova:
if I'm on vacation I decided to quit, the last day of vacation Sunday do not forget that the application is submitted no later than 2 weeks before the date of dismissal. Counting a warning period begins the day after applying. You have the full right to apply on vacation. If a day ... You write it so that the last day of warning falls on your last day of vacation. Then the Monday will not have to go out. You will go, get the work and calculation and that's it. You have the full right to apply, being on vacation ...
Read completelyPhilip Gerasimov:
Payments for unused vacation when dismissal You have been used by a vacation 28 days for the working year from 08/31/2011 to 08/30/2012 For the period from 08/31/2012 to 04/17/2013, you worked 7 months. 18 days. Since 18 days are rounded in favor of the worker until a complete month, you are considered a day of dismissal ... 17 days
Read completelyAmina Medvedev:
How to quit on your own desire after a 140-day maternity leave? write a letter of dismissal, specify the date of dismissal. The last day of vacation on the Bir and the employer will be happy to dismiss you. The presentation is submitted no later than 2 weeks before the date of dismissal. Only in social protection you can not get ...
Read completelyPhilip Solovyov:
stage. For a vacation (6.08-19.08) with the last minute, how fast is the dismissal? 20.08? On vacation, with the subsequent dismissal of the day of dismissal will be the last day of vacation, that is, in your case, 19.08. And the final calculation and the labor book you should give you on the last working day before holidaying, that is, August 3 ... If a warning is provided for two weeks, then put 20.08 .. 20 and no workout. The employee warned about his intention to quit after the holiday before the beginning of the holidays there is no concept in the Labor Code of the Russian Federation testing the last day of vacation 19 ...
Read completelyVasilina Fedorova:
It would be nice to leave, so for a hundred days. You can quit .... but not then? On vacation-in Hawaii. No need coat. You can also in Zazhopinsk, but no longer ... Before the dismissal-loan on a car, it is possible to the mixer, but not that ... I'm sitting and rejoice, the mind is so for what? Maybe another? What's wrong here ...
Read completelyLena Rozhkov:
Do not have the right not to give the workbook if I quit during the holidays? By the Labor Code, the employment record you must pay on the last day of work. If you want to quit at the time of vacation, you must specify the exact dismissal. On this day you are calculated. Vacations should you calculate proportionally ... For the TK RF, you must give the work and all payments on the day of dismissal. Holding overly paid amounts per vacation is made with the full calculation of the accountant. In otherwise, the forced program will pay for the court decision. Labor ...
Read completelyOlesya Titova:
when dismissal (worked for 10 months, 2 weeks of vacation were already), will there be compensation for vacation? When dismissal, monetary compensation is paid for all unused vacation days (Art. 127 of the Labor Code of the Russian Federation). In your case, if for 10 months of work you used 14 days of vacation, then when dismissing you will be paid compensation for 28: 12x10-14 \u003d 9.33 ... Also will be deducted with the final calculation.
Read completelyValeria Gromova:
Who keeps calculating the number of days of unused vacation when dismissing: accountant or frame? Usually in small enterprises an accountant in one person - he and the frame and the calculator. But if there is executive For the conduct of personnel and accountant, the calculator, that is, two different people occupy two different positions, then ... accountant. He must accrue compensation for unused vacation .. In the order, it seems, it does not need to count the accountant, the staff write for what period the personnel vacation is used in principle agrees with Alenushka. But if you have 1-s ...
Read completelyDmitry Matveyev: Dismissal during vacation
Dismissal during vacation You can submit an application at any time, including on vacation, but it should be 2 weeks before the date of dismissal. So 4 days - this is the decision of the employer: or will conjure immediately, or asks for 4 days. The TC said that the employee is obliged to notify the employer's care for 2 weeks, and to work out or not to solve only the employer. In this case, a good option is dismissal after the holidays. No work. Especially if the employee ...
Read completelyElena Bespalova: Dismissal
Dismissal You can get vacations for unused leave, i.e. For 28 days to receive monetary compensation of Art. 126 TK RF. When dismissal, compensation for unused vacation is always paid. If you are interested in the payment of sanatorium resort ...
Read completelyDaniel (Danil) Wolves:
How to calculate the days of vacation for compensation when dismissing if the employee in the current year fell down 22 days of vacation for 2013 vacation "Walk" not for the calendar year, and for the working work. From a specific date of admission to work, it is necessary to consider how many vacations are made, how much "calmly" and how many others left (or not left) at a specific date of dismissal. 2.33 vacation days for ...
Read completelyPolina Sokolova:
Tomorrow is a vacation. I will dismiss. Will it be fired tomorrow, or will it be formed to work out 14 days (rest on vacation)? This is at the discretion of your leadership, but if there is no vacation for two weeks, then there is no difference. If the date of dismissal put on the end of the vacation, you can change the mind and pick up the application. The only caseWhen there may be problems, it ... If vacation for 2 weeks and you, and the company does not care, whether to dismiss you tomorrow or at the end of the holiday. Companies are still, because In any case, you will not be at work. All the same, because In any case, you will receive compensation for ...
Read completelyTimur Andreev:
Good day! Tell me the calculation of the employee when dismissal for unused vacation? Compensation for vacation is permanent as well as holidays. The salary of 12 months. Previous, before the month of dismissal. All spent days for the year holds. Just, if the month is fully worked out according to the schedule, it means 29.4 days for not ...
Read completelyAida Kazakova:
work, a non-gluable vacation during dismissal left 52 days of a non-glittered vacation, which was not paid, how to do? the prosecutor's office does not pay payments. Go there. Compensation for unused vacation should pay on the day of dismissal. If this did not happen, contact the State Labor Inspectorate or the Prosecutor's Office or the court with a claim.
Read completelyGleb Mikhailov:
payment of hospital on vacation and after dismissal If the employee is dismissed, then the days of vacation, which he did not do because of the hospital, compensate in monetary terms with the final calculation. In normal enterprises, vacation is extended, if the hospital was during him. And the bulletin is paid.
Read completelyRustam Solovyov:
obtaining calculation. I work the last day, the labor book is taken tomorrow. Vacation did not deny. How to calculate on TK? Salary for the latter actually spent time of dismissal and compensation for unused vacation proportionally spent time.
Read completelyHerman Sokolov:
what will be the payment for 11.66 days of a non-gluable vacation, after dismissal. Salary 6818 rubles Compensation for unused vacation days is paid at the rate of average earnings for 12 months of preceding dismissal or for the spent period, if the accounting period is not fully worked out. If we assume that your average ... It's not about the salary. It is necessary to summarize s / n for 12 months and divided by 365. Then the resulting number multiplied by 11.66 days of vacation.
Read completelyRegina Pavlova:
How many money should pay when dismissal We are obliged to pay compensation for unused vacation days (Article 127 of the Labor Code of the Russian Federation). For an accurate answer, you need to know the date of acceptance to work and the date of dismissal, because when counting the experience in compensation for unused days of vacation, the value is important ... what would have holidays ??? vacation in half a year should be supposed to pay salary for an incomplete monthly month (if 11 slave in August and you have five days - 12,500 rubles), and compensation for unused vacation during dismissal (in 5 days. ..
Read completelyJan Kuznetsov:
for what period the employer is obliged to pay a salary at dismissal. Hospital, neglected vacation. The time and compensation for the unused vacation, which is not paid sick-based, is paid. Hospital if paid should, there is nothing to be paid in full. And a non-gluable vacation is what? For example, if you have worked for a period before the vacation and the place of vacation is dismissed, the vacation is not paid.
Read completelyMakar Yakovlev:
when dismissing I want to use the remaining days of vacation whether the administration can refuse to provide holidays Everything is solved by agreement with the employer. According to Art. 127 TK RF to provide you vacation with subsequent dismissal of the right of the employer, but not a duty. If your vacation does not give you, then on the day of the dismissal you will get a cash ... Maybe you will pay compensation for unused vacation when dismissal if you agree orally, then writing, then provide.
Read completelyRobert Fedorov:
I have a vacation from the 5th day of this month. Can I write an application for dismissal in the coming days? The application for dismissal is better than the 5th day to write, and immediately get labor with the date last day vacation. You can of course. And the TK RF is so written. I recommend getting acquainted. If you have a schedule vacation, you can write a vacation application with subsequent dismissal (Art. 127 of the Labor Code of the Russian Federation). Provide you with such a vacation or refuse your ...
Read completelyElisha Nikolaev: About vacation and dismissal.
About vacation and dismissal. You do not have to, and the employer is obliged to keep the amount for the unworthy days of vacation since you will leave until the end of that working year, which has already received an annual paid leave. This is provided by Art. 137 TK RF. And how .... completely all vacation vessels .... only you do not confuse anything? The employer will keep this amount when calculating this amount, however, if the amount due to you, the amount is insufficient, and you will refuse to make it in ...
Read completelyLily Bolshakova:
is it possible to write a letter about dismissal and at the end of the holiday only for the final calculation at the end of the holiday? Yes, if you wish so much. Only here you need an accurate calculation .. You need to apply for two weeks before the end of the holiday, but so that the first day of going to work after the holiday would be your last day of work, and therefore - the day of dismissal ... This is possible. Yes, provided that you write a statement two weeks before the day of dismissal, i.e. While staying on vacation, but no later than two weeks before your employment, then the last day of vacation will be reversed ...
Read completelyIlona Volkova:
vacation compensation - partial (14 days) It is impossible to replace compensation vacation. Only when dismissal is paid compensation for unused vacation days. And yes, you can do the same as described above. One piece of vacation 14 days (or more), and the remaining days ... according to the employment legislation, the leave cannot be replaced with compensation. Need to fly it!
Read completelyTimur Andreev: I want to quit
Wanted to quit Go on vacation and 14 days before graduation, write a letter of dismissal, make you come out just like that. What is your position? Write a statement so that the end date of the leave coincided with the last day of work (refer to the right ... 10 times dead later, I don't know the dereg about the hospital, but it is worth going to leave .. now you can not dismiss. The crisis by agreement between the employee and the employer, the employment contract may be terminated and before the expiration of the warning period about ...
Read completelyAnna Titova:
Question on vacation and dismissal .. During dismissal compensate for non-governmental days? Yes The question is not on the topic of payment have already received, for the work no time. For vacation - yes, when dismissal, compensation for unused vacation is paid. In the personnel department, some coefficient is calculated for how many days. I think if I gave ...
Read completelyPhilip Gerasimov:
I worked for 3.5 months. Is it compensation for unused vacation? Accordingly, according to Article 127 of the Labor Code of Russia, you are required to compensate for 9 days of vacation. Boldly demand! If the fourth month you worked 15 days, then you should be: 2.33x4 \u003d 9.32 (that is, 10 calendar days). Necessarily. If the fourth month you worked for 15 days or more, then you are compensated for 9.32 days of vacation. If less - for 6 ...
Read completelyTaisiya Konovalova:
with the final calculation on the day of dismissal, it is paid: ... TK RF: Article 140. Terms of calculation when dismissaling when the employment contract is discontinued, paying all the amounts due to the employee from the employer is produced on the day of the dismissal of the employee. If the worker on the day of dismissal did not work, then ... NO. The calculation is final. The bonus enters B. middle earnings For spent time and compensation for unused vacation. You may not pay the award, depending on how it is stipulated in the Promotion Regulations. If the monthly premium is ...
Read completelyKonstantin Dyachkov:
Help deal with the calculation of the day of dismissal If you have 27 days of vacation, you can write a vacation application with subsequent dismissal. That is, if the application is written on December 5, then the countdown of 27 days will go from December 6 (Article 80 of the Labor Code of the Russian Federation). In your case, day ... As far as I understood correctly - you have only 13 days of vacation. You can take them instead of working out - if you are submitting a statement on December 05, then the end of December will be December 17th. Bunny advises you correctly - go to the personnel department ...
Read completelyLydia Frolova: Is it considered to be found on vacation necessary after writing a declaration of dismissal? If you have a vacation 14 calendar days, then you need to hurry and apply for dismissal. Vacation enters during the warning period about the dismissal. Yes, vacation is included in the work. There is even a kind of dismissal - such as "I ask you to give me a vacation with the subsequent dismissal" - provided you have this vacation. Consider that if you take a vacation in advance - for example, 14 ...
Read completelyAnton Yakushev:
Payment of holidays when dismissal? When dismissal, compensation is paid for all unused vacation days (Art. 127 of the Labor Code of the Russian Federation). In accordance with Art. 114 TK RF Duration of the annual paid leave cannot be less than 28 calendar days. If you have worked not ... well put. True, the calculation of a bit more complicated, but in principle. In the sense of money, of course, if in good relations with the authorities, you can go on vacation with the subsequent dismissal. If you do not go to meet, you must pay compensation. With ...
Read completelyYuri Morozov:
gang for 6 months, give a vacation 24 days, I want to dismiss, I don `t know how to do, before or after vacation, tell me! If you do not want to calculate the extra days of vacation, it is better to. I explain about "Extra Days". Vacation is given for the calendar year. I understand that you have the right to him after 6 months :) But he is given for the year. Those., Administration ... Better after. And do not advertise your decision. From the experience ... first get the holidays, then dismiss. 24 (or kind of 28?) Day for the year. If this year does not work out, you will have to return holidays
Read completelyRatmir Novikov:
calculation of compensation for vacation. When dismissal, compensation is paid for all unused vacation days (Art. 127 of the Labor Code of the Russian Federation). Additional vacation is provided for actually spent in harmful conditions time and summed with the annual main paid ... if the office is white, then will pay. But the expectation will be conducted not from the year, but from spent, of course they will pay. The official holiday is not included on vacation, your vacation will last for 1 day. no, holidays are not on vacation, regardless of the dismissal Yes, there must be no
Read completelyCamillery: Development when dismissal.
Development when dismissal. The employee has the right to terminate the employment contract, warning about this employer in writing no later than two weeks. By agreement between the employee and the employer, the employment contract may be terminated and before the expiration of the term ... If you write a statement tomorrow, then 2 weeks minus three days. Yes, yes, but with normal relations with the manual you can solve this problem.
Read completelyNina Markova:
Is it necessary to work out for 2 weeks when dismissal? If you have holiday days that you have not buried (from 14 or more days), write an application for the provision of vacation and reading up before the end of the holidays 14 days - write an application for dismissal. All accurate payments can be asked ... At the discretion of the owners. They can immediately release, and can cut two weeks, the law gives them this right to work out nothing. It is enough just to warn the employer about his dismissal two weeks before. By the way, in coordination with ...
Read completelyRegina Pavlova:
Is it possible to quit without work at 14 days if this year has not yet been vacation? Labor Code of the Russian Federation Article 80 The worker has the right to terminate the employment contract, warning the employer about this in writing no later than two weeks the conclusion: warn anyway (although they can dismiss in the desired for you ... The employment contract was not compiled, so it keeps you? No! There is no workout! You must warn your employer about your dismissal for 2 weeks! For not used vacation, get compensation. Take the hospital for these two ...
When dismissal, I was charged on the last day of a non-dedicated vacation and part of wages (without a premium). The premium is charged according to the results of work for any period. If he has not yet passed and the result is impossible to calculate, therefore it is impossible to accrue and premium. Will have to wait. The premium is given for a certain period, for example - for a month, quartered, etc. If this reporting period has not yet passed, you do not charge the award, because there is no fixed premium, it can be some percentage of profits. BUT...
Read completelyAndrei Mikhailov: Worked a little more half a year - I am going to leave! - I have been compensated for payment of vacation for 14 days? Worked Per. The provision of holiday vacation is required if the employee himself has not refused him. Strange somehow he is on Friday on vacation. This worker falls into the losing situation, he receives holidays and only at the end of the holidays - allowance for ...
Read completelyElisha Novikov:
If I felt at my own desire after 6 months. Works - I will pay unused vacation as in 28 days? When dismissing the employee is paid monetary compensation for all unused vacations. According to the written statement of the employee, unused vacation can be provided to him with subsequent dismissal (except for cases ... Get at the calculation of the actually spent months in 13.98 days. Vacation is available for working on. Compensation for the unused vacation during dismissal is paid at the rate of 2.33 days per each spent month. 6 months x 2,33 ...
Read completelyInga Gordeyev: Leave with subsequent dismissal?
Leave with subsequent dismissal? it is better to write a week before leaving (if the vacation is 14 days, then this will notice the employer's notice, if the vacation is 28 days, then the application can be written on vacation), upon vacation, followed by dismissal, workbook and ... Vacation outside the graph can be provided with the consent of the employer, i.e. have the full right to refuse. But you do not pay compensation for unused vacation rights do not have. Neither " domestic orders"Cannot cancel the federal law ...
Read completelyGeorgy Andreev:
Should I pay the holidays when dismissal after 8 months of work? On the last day of work with you, the final calculation is to accrue the S / fee in proportion to the spent time, pay compensation for the unused vacation and give the workbook. Do not worry, since you are being done ... If you really worked for 8 months, you will be compensated for 18 days of unused vacation. At the rate of 6000 thousand officials. This is the amount that you are registered in your employment contract. Everything else (gray) - at the discretion of the head ...
Read completelySvetlana Shestakova:
If I am on vacation and wrote on dismissal. Will that be a two-week work on vacation by virtue of the provisions of Article 80 of the Labor Code of the Russian Federation: the worker has the right to terminate the employment contract, warning about this employer in writing no later than two weeks .. any conditions of the proliferating nominal term does not contain a code ... yes, if the application filed 14 days before the release of leave Yes, Article 80 of the Labor Code of the Russian Federation. No matter where 2 weeks - at work, on vacation or on sick leave ... Yes. Yes. So as a rule and do. in a vacation statement to indicate, followed by dismissal
Read completelyRatmir Novikov:
Is it possible to keep from the dismissal compensation for "extra" vacation days? The employee who fired before the end of the working year, for which he was already given leave was given, the debt appears before the employer for the unworthy days of vacation. The employer has the right to keep the amount of debt out of money ... look at the forums of the law ... When dismissing the employee before the end of that working year, in the account of which he has already received an annual paid vacation, for the unreought-up days of vacation. Holding for these days is not made if the employee ...
Read completelyAndrei Mikhailov:
how to quit without work out in one day If you have stays of spent vacation. You can go on vacation with subsequent dismissal. In this case, the employer is not entitled to hold you. Reach an agreement. In applying the date of dismissal, point out the day of actual care. On the 26th, you want to go away, the 26th write "I ask you to dismiss me on 09/26/2011" Score why leave for 1 day, you can pick up the work right on the same day after the shift in connection with ...
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For the correct termination of the employment contract, it is necessary to clearly define a specific date of dismissal. Typically, the day of dismissal is considered the working day of the TC RF.
Also, the employer is forbidden to dismiss the employee during his vacation. However, exceptions are made for vacation cases with further dismissal. So, non-working for an employee day, namely the last day of vacation, maybe the day of dismissal. Consider the situation in this article when the last day of vacation is the day of dismissal.
General rules for dismissal
Norma labor legislation Attribute that the day of dismissal is the last working day (84.1 Article TC RF). It is this day that it is necessary to give his employee personnel documents And make it all payments. In other cases, the organization is waiting for adverse effects. The last day of dismissal is considered a working day for workers with replacement schedule. When the last day of shifts, for example, for the guard falls on Saturday, and this day is a day off for the entire company, then it is necessary to make a calculation with a dismissed employee anyway on Saturday. In order not to disturb the letter of the Accountant's law and the personnel will have to attract on a day off to produce all the necessary payments and make the relevant entries. And the gender to attract on Saturday is not necessarily, because The order for dismissal can be published earlier, for example, on Friday.
Cases when the last day of vacation can be a day of dismissal
- The most common situation when the last day of vacation is the day of dismissal is the provision of leave with further dismissal. Often an employee, writing a statement on his own request, first takes a non-governmental vacation, and then officially dissolves labor Relations with the organization. In accordance with Part 2 of Art. 127 TK RF Last day of vacation day of dismissal. However, it is necessary to make a complete calculation and to issue a labor book before the beginning of the holidays itself - on the day of the actual work of the employee.
- You should distinguish dismissal during vacation and leave with further dismissal. The order of personnel design here is different. Man, already on vacation, notifies the employer about his intention to quit. Especially important is for workers who are sitting with children. In this case, this employee needs to be fired taking into account a two-week of warning. But the employer and employee can come to mutual agreement on dismissal from the other date specified in its application. Full calculation with a worker and the issuance of an employment recorder is made on the day of termination of the employment contract. At the same time, the worker has the right to change their mind and withdraw its statement.
Features of dismissal during the period of stay on vacation
If the employee decides to quit, without leaving leave, it is necessary to comply with the procedure for notifying the employer about his desire. No later than 14 days you need to send the corresponding statement by mail. In order to avoid disputes about dismissal with the employer, we recommend the application personally to the organization. On the second instance, you must put a note on receiving authorized person Organizations. In this case, when litigation The employee will have evidence that he is not a worry, but a coordinated date of dismissal after the end of vacation.
Is it possible to withdraw a statement about leaving already on vacation with subsequent dismissal?
In the standard situation, an employee during the warning period about the dismissal is entitled to change their mind and stay at work. But this rule does not work when the last day of vacation is dismissal. Taking into account that in fact labor relations with the employee stopped at the moment when vacation began, the employee had no right to withdraw his application for dismissal after the start of vacation. It applies to situations when even the first day of vacation began. Therefore, the only option for the correct design of the return to the work of such an employee is to take it to work again.
When is the employer to take a new employee?
Despite the fact that for the dismissed employee, the last day of vacation is the day of dismissal, the new employee can be taken from the first day of vacation dismissed. In this case, the employer does not risk anything, because:
- Upon vacation with a further dismissal, the employee is no longer entitled to go back;
- In fact, the place of work is free.
Do I need to change the grounds for dismissal when changing the circumstances?
Often, vacation before the termination of the contract is quite long. At this time, different events may occur. For example, the employee was fully calculated, issued all documents on the hands, in the workbook it is indicated that the last day of vacation is the day of dismissal. However, during the holidays, the employee dies. In this case, the question arises whether to change the foundation and date of dismissal? Considering that since the beginning of vacation, the employer no longer bears any obligations towards former employeeThe responsibilities for making any changes to the organization does not arise.
Employer actions for employee disease during vacation
If an employee is sick during his holidays, then, by analogy with the already considered case, make changes to the employment record regarding the date of dismissal. Also no need to prove leave for the time of illness. The company has a duty only to pay sick leave.
Thus, the last day of vacation may be the day of dismissal. Then the employer needs to know some nuances of such termination agreement. The full calculation and issuance of all documents must be made on the last day of the employee. Actual labor relations are also stopped by leave, so the employer has the right to immediately take the place of the dismissed employee of a new person. Also, after going to vacation, the organization disappears any responsibilities to the employee, with the exception of the payment on the hospital sheet.
The ban on the employer to dismiss workers located on vacation, provided for by Ch.6 Art. 81 TK RF. It does not work only in two cases: in the liquidation of the organization, as well as if the IP, who employs a citizen, decided to terminate its activities (clause 1. Part 1 of Art. 81).
Is it possible to dismiss on your own desire during vacation?
This question is considered in detail in Art. 80 TC RF. The worker has the right to submit to the employer an application for dismissal at its own request during the holidays. Make it you need two weeks before his intended date. If the manager does not object, if necessary, this period can be reduced (for example, in case a citizen found new job And wants to get it as soon as possible). The countdown begins the day after signing the statement by the head. Two weeks later, the citizen will already be considered dismissed from the organization. About how to comply with the procedure, read the article "Vacation with subsequent dismissal". A record of the employee is required to make an entry on dismissal indicating the reason.
Statement The employee can also send to the head by mail, registered mail. After receiving, it is wedgered and laid to the personal business of the employee. In this case, the warning period about the termination of the employment contract will begin later. In some cases, this may be uncomfortable for the dismissal (for example, if he wants to get more employed to a new job).
According to Part 4 of Art. 127 TK RF. An employee can pick up his application before the start of rest if he changed his mind to leave the company. You can refuse this only if another person has already been found in its place.
How are the selling and salary pay at dismissal?
After signing the application, the employer publishes an order to dismissal. The calculation is then drawn up. It includes all payments made by the citizen:
salary for actually worked working days;
compensation for unused vacation (in case a person leaves after rest, compensation is not allowed. But if he did not use all the days, the employer is obliged to pay compensation for them);
output benefit (if it is provided in the employment contract).
In the case when a citizen asks him to pay him a monetary compensation for unused vacation days, the head must go to him (para. 1 Art. 127 of the Labor Code of the Russian Federation). Calculation of compensation when terminating the employment contract occurs in accordance with the requirements, established rules On the next I. additional holidays, approved by NKT USSR 04/30/1930 No. 169.
Vacations at dismissal at their own request are paid to the employee three days before the start of rest. The final calculation is made on the last day of work. According to Part 5 of Art. 84.1 TK RF. On the same day, a person returns a labor book with all the necessary records. According to the written statement of the employee, the head must give him certified copies of documents that are related to the work (this may be orders to increase, transfer to a new position, certificates about wages etc.). Information about this can be found in Part 4 of Art. 84.1 TK RF.
Do I need to prevent the guidance on the dismissal after the holidays?
According to Art. 127 TK RF. The employee has the right to go on vacation with the subsequent dismissal at his own request. Previously, he must notify the employer to leave the organization. During this time, the head of the organization will have the opportunity to find a suitable employee in place of the outgoing. In this case, the application is written for dismissal immediately after the holidays at your own desire, which a person can fly completely. In this case, the last day of work will be considered the last day of the recreation.
Order of dismissal during vacation
For dismissal during vacation At esquisite, there are several options for notifying the employer about the upcoming termination of the employment contract. An employee can apply for dismissal simultaneously with the submission of an application for leave, but can send it during the period of being in this. At the same time, the dismissal procedure itself can differ significantly.
We will specify that the employer has the right to refuse an employee in granting leave with subsequent dismissal, since such a responsibility for it is not fixed at the legislative level. Vacation on such conditions is exclusively the right to leader.
If you are planning dismissal, without leaving leave, the last day of fulfilling your labor duties In the organization (of course, with the timely submission of the relevant statement) will be considered the last day of vacation. Remember that after the vacation, you should not again go to the previous place of work for obtaining documents, since the commission of payments with the employee and the issuance of documents to it is provided for the last spent day before leaving for leave.
The following actions should be performed by authorized experts:
- Prepared an order to terminate the contract.
- Related records have been made to the employment record (after which it should be given to a dismissal person in hand).
- Performed full calculation.
It should be noted that in addition to calculating the actual spent period, you are also paid on the general reasons. With partial use of the vacation, only the unused part is compensated simultaneously.
If the employee wanted to quit, already on vacation, he may appear to the employer personally and write a corresponding statement to either write it and then send this document by mail. It is important to note that the statement is better to send by registered letter with a notice of the presentation and the description of the investment, since in this case you will have proper proof of not only the fact of sending the letter, but also what letter you sent, who and when I received it.
It is also important to understand that in case of the receipt by the employer of the application before the end of your vacation, less than 14 days left, the remaining days will need to work after the holiday (unless, of course, the employer will not meet you and will not let go without work). 2-week period begins to be calculated from the date following the one when the employer was received by a dismissal application.
That is, in general, the date of dismissal of the employee will be considered the day of the end of the 2-week period established for notifying the dismissal, even if this day falls for the period of vacation. On the day, which is the last officially workers, the employer should give an employee to his work and fulfill full calculation with it.
Is it always possible to quit on the holiday period?
An employee planning the cessation of labor relations has the right to declare dismissal during vacation Regardless of what kind of vacation it is. The order of dismissal in any case is similar to that described above.
By the way, dismissal is possible not only during the holidays, but also during the hospital. In the latter case, it is carried out according to the same grounds as dismissal during the period of spending on vacation. The procedure for dismissal, the calculation of the deadlines and the implementation of the calculations will be similar to those provided for and for dismissal during the period of vacation.
See also: The urgent employment contract may be concluded in the following cases.
Dismissal by agreement of the parties
The question of dismissal by agreement of the parties is not regulated by the legislation. The existing practice suggests that the day of dismissal (when the parties reached the parties to the termination of labor relations) is usually the date specified by the employee in the application, or the day, which was previously defined by the parties in the concluded agreement as the date of dismissal.
It is important to remember that from writing and filing an employee of a statement about the termination of the employment contract, the concluded agreement does not exempt - this requirement must be fulfilled. In this application, in addition to the request for dismissal, the date agreed upon by the parties is indicated.
The employer is the same as when dismissing other reasons, it is necessary to issue an appropriate order, which is signed by the head of the enterprise or other person authorized to sign this type of documents. With the order of the employee, you must be familiar with the receipt, while one copy is given to the employee, the second - remains at the employer.
As for the agreement, it is also drawn up in one instance for each of the parties (employee and employer). From the last, this document is signed by the head or specially authorized to sign such documents and is assigned to the organization.
How to dismiss employee during vacation
Labor legislation prohibits the termination of labor relations with an employee during his vacation. But this case does not relate to dismissal at their own request or due to the elimination of the company, organization or enterprise where it works. That is, dismissal during the holidays is permissible if the worker himself wished it.
In addition, there are some more good reasonsAllowing to dismiss the employee during his holiday, for example, when the parties reaches the mutual consent to the need to stop labor relations. In addition to the main vacation, there are also additional, decreh, and care for the child. In each specified case, the company does not have the right to dismiss the employee on his initiative, only with the complete termination economic activity. But the employee himself, has the full right to quit at any time, just need to adhere to the procedural and documentary subtleties of the law.
In what cases allowed dismissal on vacation
The employer does not have the right to terminate the employment contract with the employee, on the grounds registered in Part 6 of Art. 81 TC. It is necessary to wait for it to exit the vacation, and only after that, you can fire.
As we have already found out, it is impossible to stop labor relations with an employee when he is on vacation, on the initiative of the employer, including to reduce, because of the professional perception, and even due to the violation of the discipline of labor. When can I?
- If an employee wrote a statement and wished to quit himself;
- If a written consent to the termination of the employment contract is achieved between the employer and the employee;
- In case of termination of the enterprise, which matches the employee.
At the same time, dismissal during the next vacation is allowed, regardless of its duration, or an unfinished employee of the work. Even, on the contrary, at the request of the employee, the employer is obliged to dismiss him. And if there are no more questions between the parties, they can be resolved into court permission. This often happens when dismissing a materially responsible employee, when he did not properly, inventory. And after his dismissal, the shortage was revealed.
When liquidating an organization, its employees should be notified of the upcoming dismissal at least in two months. When forced procedure Bankruptcy, the law allows a significant reduction in warning time. Such a formulation of the termination of the employment contract is made to the employment record only when complete liquidation occurs, without the transfer of assets by another company, without reorganization and other legal tricks, which are often incomprehensible employers to get rid of most of their subordinates.
How to quit on your own request on vacation
There are two opportunities for the employee to combine leave and their dismissal. The first option is to dismiss during your vacation, when an employee submits an application for leaving, being already in it. The second option is when an employee requests him to give him a vacation with subsequent dismissal. Each of these options, the procedure for termination of labor relations will be somewhat different.
Having written, being on vacation, a departure for care, an employee has the right, even without going to work, to fight his days put him, after which, get an order about his dismissal and documents with the calculation of hands. It all depends on the duration of the vacation. If it is less than two weeks, then some time will still need to be lined at work. After all, by law, warn about his intention to leave, you need two weeks before dismissal. If it is long, you can expect that after vacation this place Works no longer have to go out (in the event that no less than two weeks remain from the moment of filing the application).
You can ask the employer to provide a vacation with the subsequent dismissal. In this case, compensation for unused days is not paid, since the employee has already used it and received the vacation. The day of the cessation of labor relations will be not the last day of vacation, but the day preceding it to the beginning. It was on this day that the calculation should be carried out, an employment record was issued in hand. And after the rest, he just does not go to his workplace.
In the case of the direction of the letter with a statement about the desire to discontinue the employment contract to the employer's address, dismissal is dismissal at his own desire without work out during the holidays. The law does not oblige an employee to finalize the last two weeks, after the holiday, if at the time of submission of the application, before its completion, such or a longer period of time remains. And any employer should know that it is impossible to dismiss the employee during the well-deserved annual holiday, only when this is an employer initiative prescribed in Art. 81 TK RF.
The procedure for submitting documents for dismissal
While at home, or in any other place, an employee can send a statement about care for the organization. It is important to remember that the application is sent to legal address Enterprises. If the actual and legal address do not coincide, then it is better to send an application in two copies, at once to two addresses. Since when there is a dispute (and it may occur if the employer says that I did not receive any statement, or that it was sent to an invalid address), it will be possible to confirm the fact of receiving the appropriate postal notice of the present letter.
Allowed during the holidays - this is the right guaranteed by law for each employee. Therefore, you should not be afraid that the employer will not accept an application, or will not sign it.
By the way, the norms of labor legislation at all do not oblige the employer to sign an employee's declaration. You just need to put a mark on the second instance of the document, which remains on the hands of the employee who wished to quit, about the date of reception. After all, it is from the next day, after the one specified on the statement, the period of fourteen-day "testing" is calculated. To figure out how to make it possible to quit during holidays, you should contact the norms of the Labor Code of the Russian Federation.
See also: Employment contract with the general director of the LLC sample is the founder
Article 80 TC establishes that the employee has the right to terminate the employment contract with the firm where it works. The only requirement is to warn the employer two weeks before departing from office. There are no restrictions that can retain an employee in the enterprise does not establish the law. On the contrary, an employee on the last day of his work must be issued in hand labor documents and calculation. Including the workbook, together with certificates of income and insurance deductions.
Is it possible not to work for two weeks?
p\u003e An employee can agree with his bosses, and do not refine the last time. In addition, the same eightied article of the Codex, lists only some cases by which you can quit early, and which are considered valid in any case:
- retirement;
- admission to study;
- when establishing a fact of violation by the enterprise of labor legislation
In the latter case, confirming the fact of the violation of the legislation serves legal force court decision, or prescription labor inspection. The worker himself does not have the authority and the right to consider his rights violated only because I do not agree with the decision of the higher management. This list is not exhaustive. AT judicial practice There are explanations in what cases is the reason early dismissal is legal. This, as a rule, concerns the disease of close relatives, and the need for urgent move.
So, or otherwise, dismissal during holidays without working to a greater extent, is preferable for the employee himself than for the employer. After all, he has the opportunity and leave his walk away, and not sit at its workplace notorious two weeks. The company for its part does not have the right to dismiss it, or refuse to issue the calculation and documents, since these actions threaten to the firm by imposing administrative pencilsDue to violation of labor legislation norms.
There is a possibility to terminate the employment contract to early when an agreement has been reached. Unfortunately, the norms of the TC do not indicate us the specific procedure for the cessation of labor relations, but the inspection on labor gives an explanation that it is not only possible to fire with such a wording, but it is necessary exactly the number that is indicated in the statement of the employee, or in a written agreement, which is Supplement to the employment contract. Accordingly, when finding an employee on vacation to the day specified in the Agreement, an employment contract with it is also terminated without its mandatory presence.
Do you dismiss on maternity leave?
A type of vacation is maternity leave. By law, dismiss the employee who is in the decade can only at her desire, when she pointed out in writing about his will. A woman can send by mail his statement even during the decree. There are often cases when an enterprise simply wants to get rid of, forcing it out to write her statement, allegedly at his own request. But this case refers to the category of dispute resolution, and such dismissal, in rare cases can be recognized illegal.
Young mothers often arise the question of how to quit during the childcare leave. There are two ways to solve a complex problem. The first way is a written agreement achieved with the enterprise. The second way is the post sending a statement with a request to fire from office. Stay on child care leave also frees the employee from the necessary two-week work.
The case of practice: a young mother who sits on leave to care for a child before reaching them the right age, the company decided to dismiss. Only now the reason for the dismissal, according to the employer, can serve as a change in working conditions and the employment contract, which the employee will not know how to accept, as it is due to moving to another city. The court recognized such dismissal illegal, since no one had right to dismiss it during the vacation period.
Answers of Lawyers (1)
In accordance with Part 1 of Art. 127 of the Labor Code of the Russian Federation when dismissing the employee is paid monetary compensation for all unused leave. According to Part 2 of Art. 127 TK RF on a written statement of an employee unused leave can be provided to him with subsequent dismissal (except in cases of dismissal for guilty actions). At the same time, the day of dismissal is considered the last day of vacation. By virtue of Part 3 of Art. 84.1 TC RF during the day of termination of the employment contract in all cases is the last day of the employee's work, except when the employee actually did not work, but for him in accordance with the Labor Code of the Russian Federation or other federal law The place of work (position) remained. On the day of the termination of the employment contract, the employer is obliged to issue an employee to the employment record and make a calculation with him in accordance with Art. 140 TK RF. According to the written statement of the employee, the employer is also obliged to give him a properly certified copy of documents related to work (part 4 of Art. 84.1 of the Labor Code of the Russian Federation). According to Part 9 of Art. 136 TK RF vacation payment is made no later than three days before it started. In accordance with Part 1 of Art. 140 of the Labor Code of the Russian Federation, with the termination of the employment contract, the payment of all amounts due to the employee from the employer is produced on the day of the dismissal of the employee. If the employee did not work on the day of dismissal, then the corresponding amounts should be paid no later than the next day after presenting a declaration of the calculation by the employee. According to clarification data in the definition Constitutional Court Of the Russian Federation of January 25, 2007 No. 131-oh, the employer in order to adequately execute the enshrined TK of the Russian Federation (in particular, Art. Art. 84.1, 136, 140 of the Labor Code of the Russian Federation) the obligation to make dismissal and the calculation with the dismissed employee must proceed from that the last day of the employee is not the day of his dismissal (the last day of vacation), and the day preceding the first day of the holiday. In the letter of Rostrud dated December 24, 2007 No. 5277-6-1 it is indicated that when granting a vacation worker, with the subsequent dismissal of the day of the dismissal, the last day of vacation is considered, but all calculations with the employee are produced before the employee's care workers are no longer will be linked. Output. When granting a vacation employee with subsequent dismissal, all the calculations with the employee are produced before the employee's work on vacation, on the day preceding the first day of the holidays.
Explanations of Rostruda (letter dated December 24, 2007 No. 5277-6-1):
"In accordance with Art. 127 Labor Code Russian Federation According to the written statement of the employee, unused leave can be provided to him with subsequent dismissal (except for cases of dismissal for guilty actions).
Representation of an unused vacation employee followed by dismissal is the right of the employer, and not his duty.
When granting a vacation worker, followed by the dismissal of the day of dismissal is considered the last day of vacation, because By its expiration, the parties will not be associated with obligations. It should also be done with the employment book and other documents related to the work that the employer must provide an employee - they need to issue an employee before leaving for leave, i.e. On the last day of work.
With the consent of the employee, it is allowed to calculate without exiting the place of labor directly on vacation. Dismissal the last day of vacation is possible if: a rest with subsequent dismissal was agreed, the dead day of vacation falls on the date of completion of the "workshop" or with the mutual desire of both parties on the dismissal procedure.
Is it possible to dismiss employee the last day of vacation
Based on Art. In the 80th Tk of the Russian Federation, the person has the right to quit the period convenient for himself, after two weeks, notify the employer in writing. Also, labor relations can be divorced by agreement of the parties by agreement.
Art. 127 of the Labor Code of the Russian Federation, it says that when dismissing the employee has the right to claim unused, laid by law, rest in forms:
- vacation with subsequent dismissal;
- payment of compensation.
Accordingly, when calculating the entire unused vacation, an employee is provided with days or paid in the form of compensation.
Also, when an employed person seizes the initiative to pay on the last day of vacation, and written is the fact of care for 2 weeks, the employer is obliged to make dismissal of the last day of vacation. If the notification of the dismissal was received by the employer later, he at his discretion was entitled to decide: to calculate the employee on the last day of rest or at the end of the period of work.
Establishment of vacation with subsequent dismissal
Leave with the subsequent calculation requires compulsory advance agreement with the employer. Coordinate such vacation the employer has the right, but not obliged. If the application is signed, at the date of dismissal, that is, the last day of rest, the employee needs to be in the organization for the calculation.
Sometimes employed citizens, already on vacation, come to solve to pay off the place of labor. Here is applied general rule On the obligation to prevent the organization about the care of fourteen days.
It is possible to dismiss the last day of vacation, depends on the desire of the employee itself. If he wrote a vacation application with subsequent dismissal or a separate statement about the departure of two weeks and the date of the extreme day of rest coincides with the day of dismissal, this is allowed.
Is it possible to dismiss on your own request on the last day of vacation? How does this procedure occur and whether it is possible to change the decision, taking a deposit about care?
Nuances by law
Legally prohibited to dismiss the employees of the organization on vacation if the head is the initiator, if only it is not about the cessation of the existence of the enterprise. If the initiative comes from the employee itself, the termination of working relations is possible at any time and under any circumstances.
An employee can ask the head of the care, being on a legitimate rest, or send an application for the provision of vacation with the subsequent termination of the contract. It is worth noting that the leader is entitled to disagree to the last option, because then he will not have a replacement for execution official duties dismissed.
In the first case, the worker can be fired on any vacation day, including the last, if the application is written in advance. Otherwise, if the specified date does not coincide with the end of the rest, it will have to go to work for some time, because it is necessary to warn about the upcoming care required 14 days before the selected date. In the second case, the employee is fired on the day, which precedes the start of the holiday period.
For reference! It is possible to terminate the contract when a convenient employee can be referred to an employer with a proposal to terminate the contract by agreement of the parties.
How is the dismissal procedure?
If the holiday has already begun, the application for dismissal, you can bring to the head or his secretary personally or send by mail to a valuable letter to the company's legal address, if the worker does not want to appear in the enterprise. In a letter, you can ask the authorities to send the workbook also by mail.
If the employee wants to walk the days left with the subsequent dismissal, the application must be noted. At the same time, the last working day will actually be considered the preceding date of rest. Then the dismissal procedure will be made: the order will be released and make a calculation. However, in the employment record will put the day of the dismissal specified in the statement, that is, the date that goes immediately after the end of the holiday days.
Next, the head, according to the indicated permitting number, makes an order for termination with the employee of workers' relations. The procedure for the actions of accounting and representatives of the personnel department does not differ from the usual procedure for termination of the employment contract:
- Fired to be familiar with the signature in the journal of accounting with information in the order. Or constitute the act that the employee is not in place.
- The calculation is made up. This document contains the number of days spent and accrued amounts.
- The calculation is issued. If the dismissal is not in place, the calculation should make no later than the next business day after written appeal worker.
- Labor book is drawn up. Issue is possible personally in the hands of a fired worker or by mail.
Only since the fulfillment of all these actions, the workers can be considered dismissed.
Is it possible to change and withdraw a statement about care?
If at the time of staying on vacation, an employee sends a petition for the care of the database during the entire period to the date of dismissal designated in the application, you can review and maintain a workplace at the enterprise.
However, if a document on the provision of vacation days is signed with the subsequent termination of working relationships, to change the decision fired not entitled from the moment when the vacation has begun.
In addition, it is impossible to change the mind, if the place is already invited new employee by transferring from another organization.
Dismissal on the last day of vacation can occur only on the initiative of the employee himself, but if this seeks the boss or, on the contrary, it is opposed to the beginning of the contract termination process, it is possible to refer to the restoration of justice to court or labor inspectorate.
