Today we have to get acquainted with such an operation as dismissal on vacation. This is a rather complicated and important procedure, the implementation of which in the wrong order can cause many problems for the employer. Can I get fired on vacation? How to do it? When is it forbidden to terminate an employment relationship with a subordinate? The answers to all these questions will be discovered later. In reality, everything is much more complicated than it seems. Especially for the employer. Employees in this case are protected by the Labor Code of the Russian Federation.
Initiative
To begin with, it remains to be seen why the dismissal on vacation occurs. This feature plays an important role for the employer.
So, today termination of employment is possible:
- by agreement of the parties (agreement between the boss and subordinate);
- employee initiative
- by the employer.
In addition, sometimes it becomes necessary to complete a transaction due to a reduction in staff or due to the liquidation of an enterprise. Nevertheless, the first 3 cases are most often encountered in practice. What features does the dismissal on vacation have?
Legislation
A lot of them. Therefore, employers should carefully study the legislation of the Russian Federation in the labor sphere. Otherwise, the dismissal will be declared illegal.
What does the modern Labor Code say? It is prohibited to terminate the employment relationship at the initiative of the employer while the subordinates are on vacation or on sick leave. This means that even if desired, the manager must wait for the employee from vacation. Only after that draw up the termination of the relationship.
Accordingly, while the subordinate is on legal leave (annual or voluntary), he is fully protected by the Labor Code of the Russian Federation. Under no circumstances can you terminate a previously concluded contract with him.
Own wish
But everywhere there are exceptions. As mentioned earlier, the employer himself can not conduct the study operation. Nevertheless, the dismissal of leave of their own free will takes place. A similar practice is quite common among modern workers.
What does it mean? If a person himself wants to quit while on vacation, he has the right to do so. But it is impossible to terminate labor relations by force at the request of the boss. These are the rules today dictated by modern Russian legislation.
Decree
Separate attention requires the dismissal of parental leave. Many companies are trying their best to rid themselves of "maternity". Indeed, with such employees, you have to follow a huge number of rules so as not to incur trouble for yourself and the company.
In general, it is possible to dismiss an employee on maternity leave, but only under certain conditions. These are exceptional cases, which will be discussed later. To begin with, it should be remembered that basically it is impossible to terminate the employment relationship with a person on maternity leave. This operation will be declared illegal. While a citizen is caring for a small child, he is protected by the state and labor legislation. He is guaranteed a place in the company after leaving the decree.
How to fire on maternity leave
But as already mentioned, there are exceptions everywhere. Therefore, dismissal on maternity leave sometimes takes place. When exactly? When can an employer legally say goodbye to an employee caring for a child?
There are not many situations.Termination of employment during the decree is possible:
- With the liquidation of the company. In this case, it will be necessary in writing (2 months) to inform all subordinates about the upcoming changes. Further, a citizen caring for a child will have to provide certain payments. Namely: compensation for unused vacation, severance pay for 1 month, average earnings per month (maximum for 2 months). The care allowance will be paid to the FSS.
- Of my own free will. In this case, the operation is no different from the actions required when terminating the employment relationship with an ordinary subordinate. Each employee can refuse employment at any time. It is to this option that women on maternity leave are persuaded.
- By agreement of the parties. As a rule, the initiative comes from the employer. In such circumstances, the dismissal of the leave does not require from the "maternity" no work or going to work. In practice, this kind of event is extremely rare.
- In a fixed-term contract. A parent caring for a baby can be fired if a fixed-term employment contract has expired. Typically, such situations occur when the main employee for one reason or another can not conduct labor activities.
Perhaps this is all the circumstances under which the employer is allowed to terminate the employment relationship with a person on maternity leave. In other cases, such an operation will be declared illegal. If an employee complains, he will have to be reinstated.
Procedure
And how exactly is the dismissal on vacation? This is a rather difficult operation, but if it is carried out correctly, the employer will not have any problems. Consider the most common case - termination of relations at the request of the employee.
In this case, it is permitted to dismiss a citizen. It is important to observe the following algorithm of actions:
- The employee writes a letter of resignation on vacation. It is important to write in the document "of your own free will." The document must be submitted to subordinates no later than 14 days before the termination of the employment contract.
- The employer gets acquainted with the document. After that, the chief draws up an order, which must be read by the dismissed person. At the end of the document is the signature of the employee. Otherwise, you will have to put an appropriate signature on the order and draw up a refusal act.
- Make a calculation. This is a required operation. At the dismissal, each employee is entitled to certain funds. They are issued in accounting. Further they will be described in more detail.
- Wait for the day of dismissal. The termination order will enter into force. On the day of dismissal, the employee must be issued with a personal signature a work book, his personal files (if requested), some documents and make a calculation. If the employee personally cannot pick up the paper, it is permitted to notify the need to do so by mail. Refusal of operations is recorded in the relevant act.
- The personal file of the employee is filed, and then sent to the archive for storage. From this moment, a person is considered officially dismissed.
The process has no more features. Following the proposed algorithm of actions, the employer can always legally and correctly terminate the employment relationship with any subordinate.
About calculation
Now a little about the financial side of the topic. Labor relations at the time of dismissal imply the mandatory so-called calculation. Without him, a subordinate may not quit.
What money is paid to a citizen when leaving work? Most often it is:
- compensation for unused vacation (for a given year);
- Prizes
- Payments for days worked.
If the parties have any disputes, it is necessary to apply to the court. This is given 1 month from the receipt of the calculation.
When exactly does a citizen turn to accounting? It is noted that the calculation is made with the employee on the day of dismissal. If a citizen cannot be present in person, he must contact the company at any convenient time. Then the calculation is made within 2 days from the date of submission of the relevant request.
Sometimes an employer may reduce or withdraw benefits. For example, for unused vacation. This is possible if the rest is framed in advance. In practice, withholding settlement legally is extremely rare.
Documents upon dismissal
And what documents should each subordinate processing a dismissal on vacation? Serious paperwork is usually not observed. Labor legislation regulates a clear list of documents that an employer is obliged to issue to all his subordinates upon termination of employment.
These papers include:
- Calculation sheet (compensation is drawn up for unused vacation, for days worked and other payments);
- any papers that the employee requests from his personal file (in practice, almost never occurs);
- work book (under a personal signature in the appropriate journal, before that the employer enters the document on the dismissal);
- income statement (form 2-PIT).
The last document must be prepared by the employer at the request of employees. Including the former. But in practice, an income statement is issued on the day the person is fired. This is a normal phenomenon that can immediately save the parties from unnecessary problems in the future.
About applying
But that is not all. A letter of resignation on vacation must be correctly written and filed. There are a number of rules, adhering to which every citizen will be able to terminate employment directly on vacation. As already noted, this right remains with each subordinate.
An application for dismissal is submitted by a citizen 2 weeks before the implementation of the idea in life. Further, according to the law, it is necessary to work out 14 days. Only after this the order on dismissal comes into force. Next, an employee is settled, issued a work book and dismissed. A similar procedure, as already noted, takes place in Russia legally.
Is mining always required? Ideally, yes. But as you might guess, there are always exceptions. That is why many employees go on vacation before leaving. In this case, an application for termination of employment is written. Further, a citizen either goes on vacation, or he takes a well-deserved rest in advance. Then a contract is terminated with the person. Under such circumstances, they are not entitled to call for work. This is a normal practice. After all, if there is a termination of employment at the request of the employee, he must legally work 2 weeks. Not the best prospect for most subordinates.
How legal is the proposed scheme? At 100%. Settlement upon dismissal on vacation, as well as the issuance of previously listed securities, in this case will be made on the day of termination of relations with the employer. Under such circumstances, the boss cannot deprive money or not give the work book. It's illegal. You can complain to the labor inspectorate for further proceedings. If the person has not submitted an application for dismissal, the procedure is not considered to have begun.
Termination Date
Another important nuance is the date of registration of the dismissal. When is a citizen considered officially dismissed after writing a letter of leave on vacation?
The ideal option is when in the submitted document the employee indicates the exact date of termination of the relationship. If it is not there, it is enough to count 14 days from the date of application for signature to the employer. A similar rule always applies.
Nevertheless, exceptions still exist.It is important to note that the procedure for dismissal during vacation is maintained, regardless of when the relationship between the employee and the boss is terminated. But in some cases, the dismissal order is issued on the day the application is submitted. When is this possible?
The labor legislation of the Russian Federation indicates that a citizen must be dismissed on the day of applying for an application (on vacation or not, it is not so important) under the following circumstances:
- the man went to study;
- the company violates the labor laws of the country;
- a citizen is dismissed due to retirement.
There is nothing difficult or incomprehensible in this. In such circumstances, the termination order indicates the date the citizen filed the relevant request. In other cases, the document comes into force after 14 days.
Transfer to another company
Quite rare, but there is a variant of the development of events - dismissal by transfer. On vacation, for example. This situation is not so common. Dismissal by transfer is the process of transferring an employee from one company to another. Typically, a citizen either takes the initiative himself, or it comes from the employer (current or potential).
As a rule, if a person has unused vacation time, he can take advantage of it before employment through transfer. In this case, the day of termination of relations with the former boss will be considered the last day of vacation.
The procedure will be approximately the same as with a regular dismissal. But in order to receive unused vacation, the subordinate must write a statement of the established form for going on a well-deserved rest.
Summary
Now it’s clear how compensation is made for dismissal on vacation. In addition, it is now known how and when exactly a citizen can not work out the 14 days prescribed by law.
Can I quit on vacation? Yes, this right remains with every subordinate. In most cases, employers have no such opportunity. Similar rules apply in Russia today. They are regulated by the Labor Code of the Russian Federation.
In order not to work out for 2 weeks, many subordinates go on vacation before or after filing the appropriate application for termination of employment. This practice is becoming more and more common. In this case, the calculation of the dismissal on vacation should be made according to generally accepted principles. Without it, a citizen has the right not to quit or complain to labor inspectorates.
Going on vacation with subsequent dismissal of your own free will is the only completely legal way to avoid working out. The procedure for termination of relations in this case does not have any significant features.
All information offered to attention will be equally useful to both the bosses and subordinates. Now you can not be afraid of punishment for an illegally dismissed employee during his vacation. If you follow all these rules, you can solve the problem extremely quickly.