Vacation followed by dismissal application. Dismissal after vacation at your own expense

Content

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 draw up an application and spend the due days looking for a new job before resigning.

What is leave followed by dismissal?

Taking a vacation before resigning is only possible if the termination of the employment relationship occurs on your own initiative or by mutual agreement of the parties. However, even 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 payment occurs as a result of violation of labor discipline or for other similar reasons, taking leave before dismissal is not allowed by law.

Legal regulation

According to the Constitution of the 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 taking these days off, resign is written in the Labor Code, or more precisely, in Article 127. In addition, you need to pay attention to federal laws and the employment contract, since some nuances, for example, additional vacation days, which must also be used or received compensation for them.

Exercise of the right to rest upon dismissal

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

he/she continues to have a workplace;
the length of service is extended for the entire vacation period;
In case of health problems, you are entitled to paid sick leave.

Providing leave with subsequent dismissal

As noted, according to the law, before resigning, an employee has the right to take off the required vacation period. As practice shows, you can use two methods for this. In the first case, the employee goes on vacation according to a schedule drawn up and approved in advance, and he can write a letter of resignation immediately before or immediately during the vacation period.

It is important to comply with all 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 require work:

upon enrollment as a student in a higher education institution;
upon reaching retirement age;
moving to a new place of residence of the spouse;
if it is necessary to care for a child, disabled person or sick relative;
at the personal request of management.

You can apply for leave at the same time as you apply for leave. In this case, it is not necessary to adhere to the approved schedule. Sometimes you can be fired due to other circumstances, for example, the company may change its owner, 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.

Payment of compensation for unused

According to Russian legislation, providing an employee with a vacation period with the opportunity to resign after its expiration is not an obligation of the employer, but a right. For this reason, the manager may provide compensation for days unused by the employee. This option occurs when there is already a replacement to replace the dismissed employee, since the employee has the right to withdraw the application for dismissal until the last day before the rest.

How to register correctly

In order to comply with all the formalities and correctly draw up the documents, you need to carry out a number of actions, some of which are carried out by the person resigning himself, and some of them are carried out by other employees of the organization. Here is an approximate algorithm of actions:

the employee submits a written application depending on the dismissal procedure he has chosen;
the application is endorsed by the immediate supervisor and transferred to the HR department;
after agreeing with management (general director), an order is issued to grant leave;
the document is registered, and the employee confirms with his signature that he has read it;
a settlement note is drawn up;
the employer signs an order to dismiss the employee;
this order is registered in the appropriate journal;
the dismissed employee is obliged to familiarize himself with the document, as evidenced by the employee’s signature;
a settlement note is being drawn up;
full payment is made to the employee;
an entry about dismissal is made in the personal card and work book;
the work book is handed to the person.

Vacation followed by voluntary dismissal is reflected in the working time sheet using form No. T-12 or No. T-13, similar to 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 his resignation while on vacation. With the consent of the management, this is possible, even though an entry has already been made in the work book. In this case, the entry is declared invalid and the dismissal is cancelled.

Application for a vacation

An application for a vacation period 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 this the employee plans to resign, then a separate application is filed. After submitting applications, a separate order is issued for each of them. A sample application has the following form:

Application for resignation

If you plan to take leave with further dismissal, the law allows the text of both statements to be combined into one. It indicates the start date of the vacation, the number of days, and the reason for the termination of the employment relationship must be stated. The application is drawn up by the employee in any form and looks like this:

Order on granting leave with subsequent dismissal

An enterprise can develop its own form of order to provide employees, followed by dismissal. If the organization adheres to unified forms, then you will have to issue two orders: on granting leave and on dismissal, regardless of whether the employee wrote two separate applications or completed one. An approximate example of an order that can be developed at an enterprise looks like this:

How is the vacation period calculated?

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

length of service at the current place is calculated;
the number of vacation pay that is due to the resigning employee for the entire period of work is determined;
the number of days off work is calculated;
average daily earnings are calculated to calculate vacation pay;
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 before the first day of rest. When dismissing an employee, special attention should be paid to the following dates, which will help to carry out the entire procedure in strict accordance with the law:

acceptance of an application by a personnel employee;
registration of the application in the registration journal;
execution of order(s);
date of receipt of vacation pay;
final settlement date;
the date of termination of the employment relationship, an entry made in the employee’s work book.

Determination of length of service with an employer

Since an employee of an organization is entitled to a paid vacation period for each year of work, it is necessary to determine the insurance length of his work with this employer. The countdown starts from the first working day, and it does not matter what date it falls on. 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 counted from 12/02/2005 to 12/01/2006 inclusive, the second - from 12/02/2006 to 12/01/2007, etc.

The following are counted as vacation time:

all calendar days, including those when the person was on sick leave or on maternity leave.

Vacations are not subject to accounting:

at your own expense for a period exceeding 14 days;
for child care.

Determination of due vacation days

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

Procedure for calculating compensation for unused vacation

If an employee decides to resign and does not first take the leave required 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 formula below:

KNO = KNDO x SDZ, where

KNO - compensation for unused vacation period;
KNDO – Number of unused days;
Source: SDZ – average daily earnings.

Deductions for unworked days

To calculate vacation pay, it is important to establish the number of days worked. If a month in the billing period is fully worked out, then it is conditionally recognized as equal to 29.3:

(365 days – 14 holidays) / 12 calendar months.

Absolutely all calendar days are considered worked, but the following are considered unworked:

business trips;
temporary disability;
any vacation;
some other reasons, when a person was absent from work, but his average earnings were retained.

Features of taxation

When making payments to a resigning employee of an organization through the organization's cash desk, it is necessary to take into account that the date of actual receipt of income is considered the last day on which the employee was paid. This is extremely important for calculating personal income tax (income tax). In this regard, by law, an enterprise can transfer personal income tax no later than the next day. If a vacation was taken and the subordinate quit immediately after it, the tax is transferred no later than the first day of the vacation period.

Terms of settlement with the employee

If you take a vacation with subsequent dismissal, the organization is obliged to pay the employee vacation pay or compensation for unused days. In addition, the employee is entitled to a payment for the last period worked (salary), as well as other payments that are provided for by legislation and regulations in force at the enterprise. In case of illness during vacation, the employer must pay the money due on the sick leave.

The deadline for all payments to be made is the last day before the employee goes on vacation. However, in some cases, the law establishes other time limits:

vacation pay - at least three days before the start of the vacation;
final payment of wages and additional payments - the last day actually worked;
arrears of wages, compensation and other payments - until the day of dismissal (last day of vacation)

Read how to draw up an order for leave followed by dismissal, see a sample order. You will learn how and when to make final payments to an employee using a specific example.

Who can receive leave followed by dismissal?

Any employee before dismissal can ask for leave. It is up to the management to decide whether to provide it or not.

For employees dismissed under an article, for example, for absenteeism or drunkenness in the workplace, leave with subsequent dismissal (we will tell you how to arrange it correctly in 2018 below) is not allowed. If they have unused rest time, they are paid compensation upon termination of the contract.

Rules for taking leave followed by dismissal of an employee

An employee who wishes to rest before leaving must write a statement.

The accountant has two design options:

two orders are issued - separately for vacation and separately for dismissal. In this case, Form No. T-6 and Form No. T-8 are usually used;
a single order is issued for employee leave followed by dismissal; the organization itself develops the form of such an order. You can see his example below.

Sample order for leave followed by dismissal, sample 2018

When to calculate

If an employee goes on vacation with subsequent dismissal, then the company’s accounting department is faced with the question of when to make the final payment.

Usually the date of dismissal is the last working day (Article 84.1 of the Labor Code of the Russian Federation). However, when a vacation is immediately followed by a dismissal, these days do not coincide. The last working day is considered the day before the start of rest, and the day of dismissal is the last day of rest (Article 127 of the Labor Code of the Russian Federation).

Considering that the employee goes on vacation before dismissal, the work book must be prepared before it begins. It must be given to the employee and the final payment must be made on the last day of work. In this case, the date of dismissal in the book will be the last day of rest.

Let's assume that an employee applied for a two-week vacation from September 1, 2017, followed by dismissal. With a five-day work week, the last working day will be August 31, 2017.

On this day, the dismissed employee must be given all the money due and a work book. The day of termination of employment will be the last day of rest - September 14, 2017. Despite the fact that this day will not come soon for the employee, you must make an entry about the dismissal in the work book on August 31 and set the date to September 14, 2017.

Formula for calculating vacation pay upon dismissal

If an employee resigns, then the employer is obligated to pay him compensation for unused vacation, if any. But what happens when an employee decides to take a break before leaving? In this case, the following situations are possible:

The employee takes all remaining days off before leaving. In this case, the employer pays the employee standard vacation pay.
The employee takes all the days off before leaving, but he still has unused days from previous periods. The employer calculates compensation for all unused days of previous years.
The employee takes part of the vacation off, and then the company calculates compensation for the remaining unused days.

So, if an employee goes on vacation with subsequent dismissal, then first he needs to calculate vacation pay:

Compensation for unused days is calculated using a similar formula:

To determine the number of unused days, we first calculate the length of the employee’s work experience with a given employer. In this case, it is not the calendar year that is taken into account, but the working year. That is, if your employee got a job on July 1, 2016, then his working year will end only on June 30, 2017.

According to Article 121 of the Labor Code of the Russian Federation, the time when:

the employee skipped work, that is, was absent from the workplace without good reason;
was on parental leave until he reached the age of three.

If your employee worked more than 11 months in a working year, upon dismissal he is entitled to full compensation for 28 calendar days, but if less, then the number of unused days of calendar leave will be calculated in proportion to the time he worked using the following formula:

Attention! When an employee has worked 15 or more days in a month, that month is included in the calculation. If less than 15 days, it does not turn on. In this case, rounding the result to a whole number is always done in favor of the employee.

Now we determine the average daily earnings. To do this, we set a billing period. For the billing period, to calculate the amount of compensation for unused vacation, the last 12 months preceding the month of dismissal are taken. Or, if the employee worked for less than 12 months, the time from the first day of work to the last day of the month preceding dismissal is taken.

In this case, the days when:

the employee retained his average salary (for example, a business trip);
the employee received sick leave or maternity benefits;
the employee was on vacation at his own expense;
idle due to the fault of the company or force majeure.

Only the following are not included in income:

payments specified in clause 5 of the Regulations on average earnings, approved by Decree of the Government of the Russian Federation dated December 24, 2007 No. 922.
social payments;
payments not related to work duties (payment for travel, training, food, rest, etc.).

By determining the billing period and calculating the total income during this period, you can calculate the employee’s average earnings. If he worked for a full 12 months, and his vacation should have been in calendar days, then the average daily earnings are calculated as follows:

We divide the total income of the billing period by (29.3 * number of full months worked + number of calendar days per hour worked in calendar months not fully worked)

In this case, the number of calendar days in months not fully worked is also calculated using the formula:

An example of calculating vacation pay with subsequent dismissal and compensation for unused vacation

Kulik A.G. She has been working in the company since November 10, 2016; from August 22, she took a 10-day leave with subsequent dismissal. The amount of income received by Kulik for the billing period is equal to 450,000 rubles, the sick leave benefit is equal to 15,000 rubles. Let's calculate her vacation pay and compensation for unused days upon dismissal.

Number of months worked in full – 9;

The number of months not fully worked is 1.

Let's determine the number of calendar days in months that are not fully worked:

In November 2016 – 29.3:30*21=20.51

Average earnings = 450,000: (29.3*9+20.51) we get 1583.34

Kulik worked for the company for 10 months, since in November she worked for more than 15 days, it is included in her vacation pay.

Thus, the number of days of rest required will be equal to: 28:12*10, we get 23.33 days. The company has a rule to round vacation days to the nearest whole number, that is, 23 days.

Of these days, Kulik expressed a desire to take 10 days off, so the number of unused days will be 13 (23-10).

The amount of vacation pay upon subsequent dismissal will be 10 * 1583.34 = 15,833.40 rubles.

The amount of compensation for unused vacation upon dismissal will be:

13*1583.34=20,583.42 rub.

Important! If an employee takes his vacation early and does not work the allotted time, the employer has the right to withhold excess vacation pay from his pay upon dismissal. However, this amount cannot exceed 20% of all payments due upon dismissal minus personal income tax.

Do not forget that upon dismissal, you must pay not only compensation for unused vacation days, but also the salary and other payments due to the employee, as well as make the necessary deductions.

Vacation followed by dismissal

According to Article 80 of the Labor Code of the Russian Federation, an employee who is going to quit must work for 2 weeks. However, by agreement between the employee, this period can be shortened, that is, the employment contract can be terminated before the expiration of the two-week period.

The law provides for another option for dismissing an employee without working time. Article 127 of the Labor Code of the Russian Federation provides for the dismissal of an employee with the provision of unused vacation. There are some restrictions:

The employee must have unused vacation time. If an employee has taken all his vacations, then there can be no talk of dismissal without working off
In order to quit and not work, but use unused vacations, the consent of the employer is required
Dismissal using unused vacation is possible only if the employee quits himself (or by agreement of the parties), and not for guilty actions (for example, absenteeism)

For the employer and employee, there are also some features of providing unused vacation before dismissal:

The last day of dismissal is considered the last day of vacation
The day of calculation and issuance of the work book will be the last working day before the start of the vacation
If you do not provide the employee with vacation, but force him to work 2 weeks, then 2 weeks of work will be included in the calculation - as working time, plus the calculation for all vacations, so it is more profitable for the employer to let the employee go on unused vacation
If the work is carried out under a fixed-term employment contract, then the end of the vacation may extend beyond the end of the employment contract; the day of dismissal is the last day of vacation, not the end of the employment contract.
The period of unused vacation can significantly exceed 2 weeks, so an employee will be able to get a new job only after the last day of vacation.
Before the start of the vacation, the employee can withdraw the application, but only if another employee is not invited to take his place. After the start of the vacation, the employee cannot be recalled
The employer can provide a vacation of a longer duration, which is due to the employee, but only those days of vacation that have been worked will be paid
If an employee falls ill during vacation, the date of dismissal does not change and no corrections are made to the work book. During illness (temporary disability), the employee is paid benefits provided by law. The employee is not entitled to any additional payments for unused vacation days.

Application for leave followed by dismissal

Application for leave followed by dismissal must be written as one document. If there are two documents (separately for vacation and for dismissal), then the rules described above will not be valid. The application is written or printed on an A4 sheet.

The application is written addressed to the head of the organization (or other responsible person), indicating his position, surname, name and patronymic.

Please provide me with annual paid leave from “__”___________20___ lasting ______ calendar days with subsequent dismissal at my own request

At the conclusion of the application, the date of its preparation and signature are indicated.

Sample application for leave followed by dismissal

Here is an example (or sample) of an application for leave with subsequent dismissal

To the Director of LLC "Otpusk-TK.RU"

Semenova Alla Evgenievna

from the chief engineer

Petrov Oleg Vladimirovich

Statement

I ask you to grant me annual paid leave from August 11, 2015, lasting 14 calendar days, followed by dismissal at my own request.

08/05/2015 Petrov

Order of application for leave with subsequent dismissal

After the employee submits a statement, it is necessary to issue a leave order followed by dismissal. The law does not provide for any standard form, so you can go in two ways:

Issue two orders of a unified form: one order on leave and one on dismissal (termination of the employment contract)
Issue one arbitrary order containing all the necessary information

In connection with the provision of _________________________ leave with subsequent dismissal
I ORDER:
1. Provide _________________________ basic annual paid leave of ___ calendar days from “__”_______20__ to “__”______20__ for the period of work from “__”_______20__ to “__”________20__.
2. Terminate _________________________’s employment contract dated “__”__________20___ No._____ “__”________20__
3. Pay all amounts due ____________________________ “__”___________20__ goa.
Reason: Articles 84.1 and 127 of the Labor Code of the Russian Federation, statement _________________ dated “__”__________20___
CEO ________________ / ________________ /
I have read the order ________________ / ________________ /

The employee must read the order before going on vacation. The return of the work book and payment must be made on the last day before the vacation.

Download an application for leave with subsequent dismissal

Below you can download an application for leave followed by dismissal in various formats.

Application for leave followed by dismissal

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An application for leave with subsequent dismissal is a document that is written in cases where an employee wants to sever his employment relationship with the employer, having previously exercised the right to his legal leave.

Benefits of the application

This form of application gives obvious preferences to the employee who has decided to resign. The main thing is the time that he gains to look for a new job without losing his seniority and without having to work the required two weeks. For the employer, there are fewer advantages in this situation, but they also exist - the law is followed, more time remains to find a new employee, and good relations with the former subordinate are maintained.

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Requirements that must be met during vacation followed by dismissal

Despite the apparent simplicity, in order for the dismissal to take place legally, it is necessary that certain conditions be met. In particular, it is necessary that the employee has unused vacation, and the employer does not object to him taking time off before dismissal. In addition, dismissal in this way is possible only at the initiative of the employee and only if he did not commit any serious offenses or violations that led to dismissal.

Important condition: even if the employee has not fully worked for a year, with this form of dismissal the employer is obliged to provide him with leave of at least 28 days(according to the calendar). True, only those days that would need to be paid during a standard dismissal are subject to payment.

If the employer does not want to sign such a statement

In most cases, the employer has every right to refuse an employee to use vacation before dismissal. But exceptions are possible. For example, if the time of vacation followed by dismissal completely coincides with the vacation period assigned to the employee according to the vacation schedule approved by the enterprise. Also, the employer will be required to agree with the employee’s decision when a clause on such leave is in the dismissal agreement concluded between these two parties.

Dismissal procedure

The process of terminating an employment contract with prior use of vacation has a multi-stage structure.

First of all, the employee must write himself statement. If this procedure is carried out as a result of reaching an agreement on dismissal between the employer and the employee, this document must also be drawn up properly.
Next, the head of the organization issues orders about employee leave and dismissal. The person being dismissed must be familiarized with both of these documents, and with the order of dismissal, even before going on vacation.
Also, before the vacation, the employee is given the paychecks due to him. payments in full and work book. The employment date of dismissal must indicate the last day of vacation.
Then all the necessary information is entered into the employee’s personal card and other personnel records.

If an employee gets sick while on vacation

Since formally the employee during the vacation period is still listed as an employee of the enterprise, the employer is obliged to pay him temporary disability benefits in the manner and amount established by law. In this case, the final date of leave cannot be changed, just as the dismissal itself cannot be cancelled.

Rules for drawing up an application for leave with subsequent dismissal

A unified, legally established sample of such a statement has not been developed; therefore, employees can write it in free form. The main thing is to adhere to certain standards and follow spelling rules.

The document must indicate the name of the organization, full name and position of the specific employee to whom the applicant is applying (usually the director or general director), as well as the date from which the employee would like to go on vacation.

It should also be noted that the vacation is planned with subsequent dismissal.

The document can be prepared either in printed or written form, but in any case it must be certified by a “living” signature. It is drawn up in two copies, one of which remains in the hands of the employee, and the second is transferred to the employer’s representative.

An example of drawing up an application for leave with subsequent dismissal

The document has a fairly simple form and its preparation should not cause much difficulty.

First fits in on the right addressee of the application, namely, the full name of the employing company (in accordance with registration documents), the manager (position), as well as his last name, first name, and patronymic. Then turn on in the same way employee data. After this, the word “Statement” is written in the middle of the line.
The main part of the document must include a request for annual paid leave, indicating its period (start and end date), as well as duration. You also need to formulate your desire to quit immediately after the end of your vacation.
Finally, the application must be signed and dated.

Is it possible to withdraw such a statement?

The law allows an employee of an enterprise to withdraw such a statement, but only if this is done before the start of vacation. This is due to the fact that the entire dismissal procedure is carried out before the employee goes on vacation; accordingly, starting from the first day of vacation, the employment relationship with him is actually considered severed.

Also, the employer has every right to refuse to withdraw an application if a replacement has already been found to replace the person being dismissed and the person who received the job offer cannot be refused for certain reasons prescribed by law.

An employee who decides to end his work in the company has the right to take off unused vacation during the year.

The legislation regulates this topic as an opportunity, but not a direct obligation on the part of the employer.

Not in every case, an employee will even be able to request permission to take leave with subsequent dismissal from the workplace at his own request; much depends on the circumstances of the dismissal and on the loyalty of the employer.

Only employees who wish to leave the workplace on their own can apply for this form of rest.

The second legal option for provision is mutual.

Only under one of these circumstances is it possible to apply for pre-severance leave.

For employees leaving the workplace, or by guilty actions of any kind.

There are 2 main ways to apply for leave prior to dismissal.

The employee goes on his next vacation, according to the schedule, and already on a well-deserved rest, draws up a letter of resignation. During this time, the employee can use any type of leave. This option is convenient for both parties: the employee has time to rest before being fired and looking for a new job. The employer will have time to select a new employee to fill the empty position for the required notice before dismissal at his own request.
The second method is without using a vacation schedule, but by simultaneously submitting applications for both dismissal and vacation. Accordingly, the employee will need to draw up 2 papers. An application for leave followed by dismissal, indicating its desired duration and start date, as well as a note about subsequent dismissal after the leave. And a statement warning about the planned departure, indicating the reason why the employee wants to stop working with the company.

The step-by-step registration of leave with dismissal looks like this:

Sending statements to management.
Receive notification of the exact start date of your vacation.
Getting ready.
Review and signature of the record of receipt of the order.
Receive a completed settlement note.
Creation and signature of a dismissal order.
Familiarization with the entry in the journal about the receipt of an order for leave with subsequent dismissal.
Receive a calculation.
Making the necessary entries and...

The employer will have to draw up 2 orders, based on each application, attaching photocopies of papers from the employee stating that the employee will be given rest, also with a notice of dismissal and a direct order to remove the employee from his position.

In practice, in many companies this process is simplified to the preparation of only one application for a request for leave with subsequent dismissal.

The law in this case is fully complied with: management is warned in advance about the future departure of the employee, and the employee receives his paid leave.

Salary deductions

If the employee chose the second method of filing an application and going on leave with dismissal after, then the employer can deduct a certain amount from the salary.

The reason for this is that the calendar year has not been fully completed, as a result of which each employee will receive paid leave.

An employee, in spite of everything, who decides to take a vacation without preliminary annual work and then quit, must understand that the unworked days for the year will not be paid on vacation, but will be paid.

By law, every employee has the right to 28 days of vacation per year. If the year has not been fully worked, but the employee wishes to take a full vacation, the employer must withhold money from salary payments. In total, withholding can reach 20% of total earnings in general cases and up to 50% in special cases.

If even 20% of the amount collected, deducted from standard earnings, exceeds half of the amount paid upon dismissal, then the money cannot be withheld.

In cases where earnings are nevertheless withheld, the company’s accounting department is obliged to report this fact to the tax service and reduce payments for this employee.

For companies that do not want to hassle and deal with additional tax problems.

Such companies use an additional opportunity to overcome the current circumstances.

It is enough not to withhold the employee’s wages, but to calmly let him go on vacation without taking into account the lack of work per day - such a debt will be written off after 3 years from the date of its occurrence as non-repayable.

Entry in the work book

An employee is always concerned about the question of when an employer should take leave followed by dismissal. The starting point when an employee has already been dismissed is the day the rest begins. It is at this time that the employer is obliged to make payments to the employee for leave and issue a work book.

Officially, the employee’s last working day is the last day of vacation, but in reality, at the moment when the date for going on vacation arrives, the employee must familiarize himself with the dismissal order.

So the preparation of documents should begin in advance.

Receiving leave with subsequent dismissal occurs only when the employee himself decides to leave the company; this is exactly what the entry in the work book should say.

When applying for leave with subsequent dismissal, the employer must refer to Article 77 of the Labor Code of the Russian Federation.

It is necessary to pay the employee exactly on the day the employee goes on vacation, since after the end of his vacation, there will no longer be any legally established relationship between him and the company.

In fact, after going on vacation, the employee no longer has anything in common with the company.

What to do if the employer did not issue a work book before the start of the vacation?

What should we do for employees whose former employer refused or was unable to issue them a work permit on time, on the day the vacation began?

This situation is regulated by the labor code, and the guilt of the company management in this case is undeniable.

If an employee left a statement, read the order and has already gone on vacation, but the work permit was never issued, then the day of dismissal is rescheduled for the moment when the employer issues the delayed documents.

Management is required to draw up a new dismissal order indicating the fact that the labor document was delayed, and for each day that the document is delayed, the former employee is entitled to compensation for the lost opportunity for new employment.

If a delay in issuing a work permit occurs on the initiative of the employee himself, who is absent from work on the appointed day of dismissal, management is obliged to notify him of the need to obtain the document.

The notice must contain either an offer to appear in person, or, in the absence of such an opportunity, to agree to send the work report by mail.

If an employee independently sends a notice to the employer with a request to return the work permit, the company will be responsible for the failure to take actions required by law. The time while an employee waits for his book, although it must be paid if the employer is at fault, is not included in the length of service, because the employee is no longer formally registered with the company.

This is important to know

A number of nuances that you need to know and take into account when going on vacation with subsequent dismissal:
Despite the established rule that an employee who becomes incapacitated during leave has the right to have it extended, this rule does not work for resigning employees. In fact, the employee is not registered with the company, which means there is no one to extend the vacation.

must be accrued no less than 3 days before the start date of the vacation. The employee must receive the remaining settlement amount in full on the date of dismissal.
An employee on vacation who has already received a dismissal order receives work experience for the vacation he took before dismissal.
The employee has the right until he goes on vacation. From the moment he is issued a work permit on the first day of vacation, it is no longer possible to change his mind about quitting.
If an employee notified management of his plans to quit 2 weeks before the work stoppage and received a dismissal order, but does not insist on leaving the company, then he can continue his work.
According to the law, leave with dismissal is possible outside of the annual vacation, that is, before the scheduled vacation date.