finally stop labor Relations with the employer during the holidays is possible only at the request of the employee. The law allows the arbitration or bankruptcy trustee to terminate the contract with the employee upon the final liquidation of the organization and its recognition as bankrupt in court.

Foundations

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Possible termination employment contract due to circumstances beyond the control of the employer and employee. Their list includes:

• if the employee goes to the army or enters the organization for alternative service;
• if the employee is reinstated at the workplace by decision labor inspectorate or court;
• in case of impossibility of re-election to the position;
• conviction of an employee to administrative or criminal punishment, providing for the inability to work in the organization;
• death of citizens - the employer and employee, their recognition by the court as missing or dead;
• the onset of emergencies, disasters, major accidents, which are recognized as such by federal or local acts;
• other cases provided for in paragraphs. 8-13 Art. 83 of the Labor Code of the Russian Federation;

Dismissal during vacation implies full payment on the last working day. The employee must receive a work book, a 2-NDFL document, etc.

Legislation

Grounds for withholding from wages employee are specified in the Labor Code of the Russian Federation - Art. 137. Unified order forms (on granting leave to an employee) are established by the Decree of the State Statistics Committee of 01/05/2004.

Notification

In the application, the employee can indicate the desired date of dismissal.

An employer may terminate an employee before the minimum two-week period in which the employer can hire a new employee has expired.

An application for dismissal can be submitted earlier than 14 days before the actual termination of work.

During vacation, an employee can send an application by registered mail. When contacting the director in person, you must make sure that the application has been accepted by an employee of the personnel departments and the corresponding mark has been made in the registration log ( registration number application and date of submission).

The employer cannot forbid quitting, but has the right to refuse to grant leave with the subsequent termination of the employment contract. The parties have the right to agree on the date of dismissal and earlier than 14 days.

Dismissal during vacation

Termination of the employment contract during the holiday period is possible. Its duration does not matter, but it is advisable to apply 14 days before the end of the vacation.

Otherwise, the employee will have to work the remaining days. If all 14 days fell on all vacation days, then the employer does not have the right to force the employee to work after the vacation.

Of your own accord

An employee has the right to quit at any time. His only duty is to give the employer advance notice of his departure.

Forced dismissal of an employee while he is on vacation is prohibited.

By agreement

Dismissal is carried out in a contractual manner. Mutual consent of the employee and director is required.

The difference lies in the need to agree on the conditions for termination of labor relations, the initiative of the parties.

The note-calculation on dismissal form No. T-61 contains information on the basis for dismissal, information on vacations used, including those provided in advance.

Educational

An employee studying in absentia has the right to file an application for termination of the employment contract at any time, notifying the director of the enterprise or another authorized person in advance of his dismissal.

Decree

Dismissal is carried out on a general basis. The mother must be paid all due vacation pay. The subsequent child allowance is assigned by the social protection authorities.

The application can be sent by letter or by presenting it in person at the Human Resources Department.

Registration procedure

Dismissal by own will during the holiday is issued . After its consideration, the employer issues, draws up a note-calculation.

If the application was received from the employee during the vacation, then the employer can subsequently cancel the order to grant the vacation and accept a new order for a vacation of a shorter duration.

A memo may be attached to the order. It is necessary to cancel the initial order in order to recalculate vacation pay, and this requires documentary justification.

Preparation of documents

The personnel department is in charge of preparation. He draws up an application, gives it to the employee for signature. The draft order is also prepared by an employee of the personnel department. In the note-calculation, the exact amount of vacation pay is indicated, the calculation is based on the days actually worked.

Documents must be prepared in a timely manner - by the day the work is actually completed.

Applying

In 2019, there is no single form for resigning during vacation. It is developed by the employer. The application is submitted in person - to the personnel department or issued by registered mail.

The employee must be sure that the employer is notified that the employee is about to quit.

The employer can set the date of notification in his own way. For example, an employee in a letter will indicate one number, and an entry can be made after a few days. Such disputes are resolved privately.

Sample

The application shall indicate the name of the employer's organization, full name official, request for dismissal and preferred date. The application shall indicate the date and signature of the employee.

If vacation is granted in advance?

The Labor Code of the Russian Federation does not indicate that vacation should be proportional to the length of service. This is indicated in the Letter of Rostrud No. 947-6 dated 06/23/2006. An employee can fully use the main vacation after six months of work.

If the leave is provided in advance, and the employee does not work it out, the employer has the right to withhold overpaid days from the employee's calculation.

Is it possible without working out?

There is no concept in labor law. The employee must notify about his departure 2 weeks before the actual end of work. But in practice, it continues to work for the specified period.

2 weeks are not worked out if the application was submitted during the vacation period and the two-week period completely fell on rest days.

An employee may not comply with the warning period if he is actually unable to continue working in the employer's organization (due to leaving, joining the army and for other good reasons).

Calculation terms

Must be held on the employee's last day of work. If he cannot come for the calculation, then the amount is transferred by agreement with the employer at a different time.

At any time before the expiration of the two-week period, the employee may withdraw the letter of resignation, if another employee, who by law cannot be denied employment, was invited to take his place in the transfer order.

During vacation followed by dismissal, it will not be possible to withdraw the application, since the settlement with the employee is carried out on the last working day.

Debt collection from an employee

It is possible before the actual settlement for unused vacations, overpaid wages.

During the vacation, the employee wrote a letter of resignation of his own free will. We will talk about how to draw up documents and complete calculations with it in the article.

The Labor Code prohibits the dismissal of employees during their stay on vacation if the employer is the initiator of the termination of the employment contract (part 6 of article 81 of the Labor Code of the Russian Federation). An exception is the liquidation of an organization or the termination of activities by an individual entrepreneur.

If the employee himself expressed a desire to quit during the holidays, then there are no restrictions labor law does not install. In this case, it is important that the employee observe the deadlines for filing a letter of resignation, and the employer - the procedure for conducting the dismissal procedure.

Notice period for dismissal

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance. This procedure is established in part 1 of article 80 of the Labor Code of the Russian Federation. This time is necessary for the employer to search for a new employee for an opening vacancy.

Often in practice, the concept of “warn” is replaced by “work out”. Although even the very concept of “working before dismissal” does not exist in the Labor Code. We are talking about the deadline for filing a letter of resignation - no later than two weeks.

An exception to general rule there are cases when further continuation of work is impossible and the employee needs to quit on a certain day. This may be admission to educational institution, retirement and other cases when the employer is obliged to terminate the employment contract within the period specified in the employee's application (part 3 of article 80 of the Labor Code of the Russian Federation).

If an employee decides to leave the company at an earlier date without good reasons, then this is possible only by agreement with the employer.

Note.The employee has the right to warn the employer about the termination of the employment contract even earlier - within a period exceeding two weeks.

You don't need to leave a vacation to apply for resignation.

If an employee brought a letter of resignation during vacation, it is not necessary to recall him from vacation for that day. After all, he does not fulfill his labor functions, and the recall itself from vacation should take place at the initiative of the employer and only with the consent of the employee (part 2 of article 125 of the Labor Code of the Russian Federation). And in this case, the employee is going to quit of his own free will, there is no initiative of the employer.

Note.Prior to the expiration of the notice of dismissal, the employee may at any time withdraw his application. Dismissal in this case is not carried out if another employee is not invited in his place in writing, who cannot be refused to conclude an employment contract (part 4 of article 80 of the Labor Code of the Russian Federation).

What day does the two-week warning period start from?

An employee does not have to bring an application for resignation of his own free will, he can send it by mail, for example, by registered mail (letter of Rostrud dated 05.09.2006 N 1551-6). Only in this case, the two-week notice period for dismissal can begin later than the employee plans.

According to Part 1 of Article 80 of the Labor Code of the Russian Federation, the two-week period begins on the day after the employer receives the employee's application for dismissal. The employer must register the application received by mail in the register of incoming documents and assign an incoming number to it.

Example 1. An employee of Pyrotechnics-2000 JSC V. I. Samsonov is on the main annual paid leave from May 15 to June 11, 2013 (order dated 08.05.2013 N 39). While on leave, he made the decision to resign from the organization on June 5, 2013. Knowing that the employer must be warned about this two weeks in advance, V. I. Samsonov wrote a statement on May 22, 2013 and sent it to the employer by registered mail. Can V.I. Samsonov count on dismissal on June 5, 2013, if the employer received a letter with an application, registered it in the register of incoming documents and assigned an incoming number on May 27, 2013?

Solution. The course of the two-week notice period for dismissal from V.I. Samsonov will begin on May 28 and end on June 11, 2013 (on the last day of vacation). If the employer does not agree with the date of dismissal indicated in the employee’s application (June 5, 2012), he will put a resolution on the application of V.I. RF. For example: "Dismiss on June 11, 2013 in accordance with Part 1 of Article 80 of the Labor Code of the Russian Federation." On June 11, 2013, an employee can come to familiarize himself with the order, pick up the completed work book, and receive a full payment.

If the employer does not object to the dismissal of the employee on June 5, 2013, June 5 will be the last working day of V. I. Samsonov. On this day, he can familiarize himself with the order, pick up the completed work book and receive a full payment.

If vacation is granted in advance

Labor legislation does not provide for the provision of vacation of a certain duration in proportion to the hours worked. This was pointed out by Rostrud in a letter dated 06/23/2006 N 947-6.

General rule. Already six months after the conclusion of the employment contract, the employee can use the full annual paid leave of 28 calendar days(part 1 of article 115 and part 2 of article 122 of the Labor Code of the Russian Federation).

However, by agreement of the parties, an employee may be granted paid leave before the expiration of six months (part 2 of article 122 of the Labor Code of the Russian Federation).

- for women - before maternity leave or immediately after it;

- employees under the age of 18;

- employees who have adopted a child (children) under the age of three months;

- in other cases stipulated by federal laws.

That is, the employer is not insured against the fact that the employee can go on vacation before he earns the length of service that gives the right to such leave. And this applies not only to new employees of the organization.

Annual paid leave for the second and subsequent years of work is provided to employees at any time of the working year in accordance with the priority (vacation schedule) established by the employer (part 4 of article 122 of the Labor Code of the Russian Federation).

What is the risk of giving leave in advance? The fact that an employee can quit directly during the vacation or immediately after it. In this case, the employer will have to recalculate the paid vacation pay.

We draw up documents

Leave order. The basis for granting leave is an order issued by unified form N T-6 (T-6a) or a form independently developed by the employer (letter of Rostrud dated February 14, 2013 N PG / 1487-6-1). A note-calculation on granting leave to an employee is also drawn up in accordance with the unified form N T-60 or a self-developed form.

Note.Forms N T-6 (T-6a) and T-60 were approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1.

Cancellation of the original order. In case of dismissal of an employee before the end of the vacation, the duration of this vacation changes, and the amount of vacation pay changes accordingly. The legislation does not directly indicate the need to cancel the original vacation order and issue a new vacation order of a different duration. However, given that the accountant needs documentary justification to recalculate vacation payments, it is better to issue the above orders and, on their basis, re-fill in the note-calculation for granting vacation. It will also be useful to draw up an accompanying memo.

Example 2. Let's use the condition of example 1. The employer does not object to the dismissal of the employee on June 5, 2013. What actions should the employer take to dismiss V.I. Samsonov before the end of the vacation?

Solution. The employer must:

- cancel the originally issued order for leave and a note-calculation;

- issue a new order for a vacation of a different duration and draw up a note-calculation;

- Write a cover letter.

You can cancel the initial order to provide an employee with annual paid leave:

by issuing two orders. In the first order, drawn up in an arbitrary form, the wording may be as follows: “Consider the order dated 05/08/2013 N 39 on granting annual paid leave to V. I. Samsonov invalid in connection with the issuance of order dated 05/27/2013 N 47”. At the same time, issue another order establishing a new duration of the employee's annual paid leave (up to and including the day of dismissal) and resolving the issue of recalculating vacation pay;

- an order that will establish a new duration annual leave. In this order, you can cancel the previously issued order to grant the employee leave (in connection with his dismissal) (clause 1 of the order), set a new date for annual paid leave (up to and including the day of dismissal) (clause 2 of the order), resolve the issue of canceling earlier issued note-calculation and recalculation of vacation pay (paragraph 3 of the order).

Service note. A sample memo is shown in the sample below.

We complete the calculations

Legislation limits the cases when a debt can be collected from an employee. The case with the return of vacation pay for unworked vacation days falls into this list. This rule is enshrined in paragraph 4 of part 2 of article 137 of the Labor Code of the Russian Federation. It should be noted that such deductions are the right, and not the obligation of the employer.

If there is nothing to withhold overpaid vacation pay, you must either sue the employee or “forget” about the debt.

Before making a decision on debt collection, you need to make sure that the grounds for dismissal allow you to withhold wages.

So, deductions cannot be made if the employee is dismissed for the following reasons:

- refusal to transfer to another job, which is necessary for him in accordance with a medical report, or the employer does not have an appropriate job (clause 8, part 1, article 77 of the Labor Code of the Russian Federation);

- liquidation of an organization or termination of activity by an individual entrepreneur (clause 1, part 1, article 81 of the Labor Code of the Russian Federation);

- reduction in the number or staff of employees of an organization, an individual entrepreneur (clause 2, part 1, article 81 of the Labor Code of the Russian Federation);

- change of the owner of the property of the organization - in relation to the head of the organization, his deputies and the chief accountant (clause 4, part 1, article 81 of the Labor Code of the Russian Federation);

- conscription for military service or assignment to an alternative civilian service that replaces it (clause 1 of article 83 of the Labor Code of the Russian Federation);

- reinstatement at work of an employee who previously performed this work, by decision state inspection labor or court (clause 2, article 83 of the Labor Code of the Russian Federation);

- recognition of the employee as completely incapable of labor activity according to a medical report (clause 5, article 83 of the Labor Code of the Russian Federation);

death of an employee or employer individual, as well as recognition by the court of an employee or employer - an individual as dead or missing (clause 6 of article 83 of the Labor Code of the Russian Federation);

- the onset of emergency circumstances that prevent the continuation of labor relations (military operations, a catastrophe, a natural disaster, a major accident, an epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a body state power subject (clause 7, article 83 of the Labor Code of the Russian Federation).

If the employee is dismissed for another reason, the employer can withhold from his salary no more than 20% of the amount paid for each payment. At the same time, 20% is calculated from earnings reduced by the amount of personal income tax withheld (part 1 of article 138 of the Labor Code of the Russian Federation).

There are several scenarios under which termination of an employment contract may occur. One of the most common wording of dismissal is: "At their own request." Consider a special case of dismissal, namely, is it possible to quit during a vacation, and how to do it correctly.

Dismissal during vacation

Please note - according to the Labor Code (LC) of the Russian Federation, an employee can quit while on vacation, only on their own initiative.

Termination of the employment contract initiated by the employer is possible only in a limited amount cases(Article 81 of the Labor Code of the Russian Federation):

• by mutual agreement between the employer and the employee;
• in the complete liquidation of the company.

Rules for applying for resignation

Submitting an application for dismissal of one's own free will, regardless of whether the employee is on vacation or not, is the first step that a citizen who wants to terminate the employment contract must take.
For clarity, we will present ways to submit a notice of intention to quit in the form of a table.

Dismissal during vacation and working off

According to labor legislation (Article 80 of the Labor Code of the Russian Federation), an employee must notify his employer of his intention to quit no later than 14 days before the planned dismissal. This period is necessary so that the employer can find a candidate for the vacated position. The Labor Code of the Russian Federation does not operate with such a term as “development”, but, in fact, the period of 14 days between filing an application and dismissal is exactly that. Conclusion: the fourteenth day from the date of filing the application is the day of dismissal.

The desire of a citizen not to work for 2 weeks upon dismissal is understandable and feasible. This can be done if you terminate the employment relationship during the vacation period. Let's analyze how to quit without working off during the holidays.

• Option one: filing a notice of dismissal at the same time as applying for a vacation or on the last day before the vacation. An important condition is that the vacation period must be 14 days or more. This case implies that the last working day for this employer coincides with the last day of vacation. Therefore, all settlements with the employee must be made on the last working day before the vacation.
• Option two: dismissal during vacation. Vacation, according to the Labor Code of the Russian Federation, is 28 days. Therefore, in order not to work out the agreed 14 days, it is necessary to calculate the end date of the vacation and submit a letter of resignation no later than 14 days before it. It is better to do this a little earlier so that the personnel department has time to register the application.

It will not work to quit during vacation without working off if the employee submits an application later than 2 weeks before the end of the vacation. In this case, he will have to go on his own after the end of the vacation. workplace and finalize a period equal to the difference between 14 days and the remaining vacation days when he applied.

The nuances of the dismissal procedure

The dismissal procedure must comply with the norms of labor legislation and a certain procedure for implementation.
Brief algorithm of the dismissal procedure:

note

According to the Labor Code of the Russian Federation, vacation payments to an employee must be issued 3 days before the vacation. The employee will receive compensation payments due upon dismissal on the last day of work. Read more about dismissal after leaving vacation on our website in this

1. filing by the employee of a letter of resignation;
2. issuance of an order for the organization to terminate the employment contract with the resigning employee;
3. familiarization of the employee with the order under the signature. If the employee cannot sign the order due to territorial remoteness, then the personnel officer must make a note about this on the order and draw up a special act;
4. compiling a calculation of payments due to a departing employee;
5. making a record of dismissal in the work book indicating the article of the Labor Code of the Russian Federation and the number of the order on the termination of the employment contract;
6. extradition to a retiring citizen work book, certificates 2-NDFL and 4N;
7. issuance to the employee of all amounts due to him.

It is worth noting that the dismissal procedure is standard and valid both for a citizen performing job responsibilities, and for an employee who is in next, or maternity or study leave(read about the features of providing the latter in the article)

An expert will advise you in the comments below.

The Labor Code is on the side of the employee in many matters, defending his rights to the employer.

This applies in the first place. If an employer requires substantial grounds for dismissing an employee, then the employee can do this in any case. If an application for dismissal of one's own free will was submitted, then the management of the organization has no right to refuse this right under any circumstances. In the event of any claims, it is necessary to resolve issues only in court, but not to issue the calculation and documents is a gross violation, which entails a number of penalties for the enterprise.

This also applies to situations where the desire to leave work visits an employee in. It is possible to submit an application without leaving the vacation or before it occurs. An important nuance is that the employee must work for 14 days by writing an application. If he goes on vacation, then this time can be counted towards working off. There are several important features that should be taken into account by both parties of labor relations in order to avoid violations and mistakes in the future.

A situation may also arise if the employee has a vacation period of less than 2 weeks. This usually occurs in cases where the employee has already used part of the vacation, since initially leave is granted only if six months have been worked (in this case, 2 weeks have already been worked out). In this case, if the employee wrote an application before the vacation, then the entire vacation time will be counted towards working off, and after that he will need to work the remaining number of days.

Example: an application was written on February 1, working off will be provided from February 2 to 15, but the employee has a vacation from February 2 to February 10. In this case, from 11 to 15 he will still have to work, and on February 16 he will pick up the documents and the calculation.

In the same way, time is calculated if a person decides to quit during a vacation, then the rest of the vacation (starting from the day after the application was written) will be taken into account in working off. If this is not enough, then after the vacation you will have to finalize the remaining time.

Dismissal during vacation

So, is it possible to quit during the vacation period, and is it included in? Situations in life are different, and sometimes you may need to leave urgently. At the same time, management is far from ready to release any employee at his first request. Labor legislation defines the categories of people who can quit on the day of application. But the rest have to work for another 2 weeks, which is not always convenient. Then the employee can try to arrange a vacation, if he has the right to do so.

The rules will be exactly the same if the employee draws up his own, additional or "at his own expense". It is quite acceptable, while on annual leave, to take more extra days administrative. At the same time, dismissal during the vacation period or before (just taking into account the days of rest) has its own differences and nuances that should be paid attention to. The procedure is generally standard and does not have any problems.

The situation becomes more complicated only if the employee wants to leave during vacation without working off. If he belongs to the category of employees who are obliged to dismiss on first demand, then they can refuse him this to me. But at the same time, interrupting the vacation, the employer does not have the right, even with the consent of the employee. This is especially true for these categories - they cannot be withdrawn even if there is a production need. Then it remains only to dismiss on the actually specified date. If it is put additional compensation then it will not be paid. But if vacation pay was previously issued, which exceed due compensation- this overpayment will be deducted from the calculation that is issued upon dismissal.

Application Rules

One of the most convenient ways to submit a letter of resignation to the personnel department is:

• personally transfer;
• send by registered mail - it is imperative to have a notification of delivery, and the date indicated in the application will be considered, and not the one when the employer received the letter;
• transfer through an official representative - it is important to have an official notarized power of attorney.

If initially a person sent an application by mail, then it is quite possible to indicate the wish that the documents were also sent to him by mail.

An employee may well continue to be on vacation if he decides to leave the enterprise. For this, it is not necessary to issue an official review of the work.

Simply put, if we quit on vacation, then you can write any date - it does not have to be a working day.

If a person decides to quit while on vacation, or simply taking him as a work off, then it is necessary to draw up an application in the standard manner, indicating the following points:

• in whose name it is drawn up (the head of the enterprise, namely the employer, the name of the organization);
• who directs. Full name of the employee, as well as his position;
• requests to be fired. Article 80 of the Labor Code of the Russian Federation or any other is indicated if there are other additional grounds ();
• the date from which it is necessary to terminate the employment relationship;
• date of application and signature.

It also indicates only the article of the Labor Code and the number of the order. No further clarifications or clarifications are needed. The application does not indicate that the employee is on vacation at this time or asks to take it into account on account of working off. All these provisions will be settled simply by additional orders. There is no need to indicate this in the text of the letter of resignation itself.

Registration of dismissal

IN Lately at many enterprises, the program has already calculated when it is necessary to issue a dismissal order, issue documents to an employee in order to avoid consequences for the company. Now just log in to the site and use the calculation calculator to determine when you need to apply in order to receive a calculation on a certain day. In the same way, you can calculate how many days of vacation are required subject to working out a certain period.

It is quite possible to combine several vacations. The design here will have 2 options:

1. Written before going on vacation. Then all documents, calculation and order are prepared even before that and are issued on the last working day before the vacation period. In fact, this is where the employment relationship ends, although the official date of dismissal is the last day of vacation.
2. The application is written directly during the vacation period. It is possible to transfer it in a convenient way. The labor, order and calculation are being prepared by the end of the vacation. The next day after this, the person should be given all this. It is also possible to come on the last day of vacation for documents.

Issuance of a work book

The employee is required to issue a work book, as well as settlement payments, on the last working day.

If the application was submitted before going on vacation, then the procedure provides that the employee is given everything on the last day before the vacation. That is, formally, the vacation period is considered working, included in the length of service, but in fact, even before it occurs, the employee will already have all the documents in his hands. At the same time, an entry is made in the work book that the last working day is the last day of vacation.

If a person wrote an application while on vacation, then (if he does not need to work out and just leave to work out), the documents will be issued to him on the first day after the end of the vacation. It must be understood that this day will not be the last for the resigning person - it will simply be necessary for the employee to come to the enterprise that day and pick up the documents.

Refusal to issue documents is a gross violation that entails sanctions for the head. If this was allowed, you must contact the prosecutor's office or the court. It must be understood that it is the court that has the right to forcibly recover something from the enterprise, therefore it will be more reliable to go there right away so as not to waste time.

Usually a person is issued a dismissal order and a work book. But at the same time, if he expresses a desire to receive other documents, they must also be issued to him. This includes various orders for the appointment, promotion, assignment of a separate category, rank.

Sometimes it is possible that the employee did not do this, then the employer sends an official notice demanding to pick up the work book. If the employee does not do this, the documents are sent by registered mail.

Can I quit my job while on vacation? Labor legislation prohibits the termination of an employment contract with an employee who is on vacation.

An exception to the rule is the dismissal during vacation at the employee's own request.

At the initiative of the enterprise, it is impossible to dismiss a person, but the employee himself can vacate the position at any time, observing the norms labor law.

Answering the question: “is it possible to quit while on vacation?” Let's turn to the law. The Russian Labor Code determines that an employment relationship can be terminated when:

• The company is liquidated or individual entrepreneur stops its activity. In this case, employees must receive a warning about the upcoming dismissal 3 months before its expected date. The term is reduced only if the organization has been forcibly declared bankrupt.
• A written agreement between an employer and an employee stating that the employment contract is terminated is also legal.
• At the request of the employee himself (dismissal during and after the vacation of his own free will).

The procedure for filing documents for dismissal

The employee is required by law to inform the employer at least before the day of the proposed dismissal.

This is done so that the personnel department or the manager himself selects a new employee for the vacant vacancy without interrupting the "production process".

This period is often confused with, but this is a substitution of concepts: the Labor Code does not say anything about such duties, it is only about submitting an application.

You can send an application both in person and in writing, a recall from vacation is not needed. It is sent to the legal address of the company, when the actual and legal addresses do not match, it would be better to send two forms at once to both addresses: this guarantees that there will be no disputes if the employer declares that the letter has not been received. Management has no right to refuse consideration of the application.

The letter is sent to the name of the manager indicating the preferred date of dismissal. It can be sent including:

• by fax (keeping the original);
• Russian post;
• commercial delivery service.

If you chose mail delivery, send the application in a valuable letter and be sure to keep the mail receipt receipt: by law, the signature or consent of the head is not required.

If the application is submitted in person, it must be registered with the office. The right to dismiss for an employee is established by law, he is only obliged to notify the director of his desire in writing 14 days in advance.

Is it possible to quit on vacation without working off

The employee is not required to be at the workplace for the last two weeks, he can agree to this if he is asked, but only if he wishes.

The employer does not have the right to put obstacles in dismissal, or documents - this would be a violation of the law and caused serious problems.

The employee is only obliged to warn about his departure, and not actually stay at the workplace for another two weeks.

If an employee decides to terminate the contract ahead of schedule, without waiting 14 days, he can be asked to do so by management, Labor Code contains no restrictions.

If the employer is against, the law defines several reasons for the immediate termination of the employment contract:

• the enterprise has violated labor legislation (in this case, there must be a decision of the court or the labor inspectorate);
• the employee has an urgent move;
• illness of close relatives is also a good reason.

Are they fired on maternity leave?

Can I quit on maternity leave?

Legal reasons for dismissal on maternity leave:

• Liquidation of the enterprise. Enterprises are notified in advance of upcoming structural changes, and on the day of dismissal, the reasons for the reduction in staff are entered in the column of the work book.
• Agreement of the parties. If a mutual agreement is reached, there is no need to write an application: a written agreement is concluded, on the day of which a calculation and a work book are issued.
• By my own will. Such a dismissal is no different from the usual one - an application must be submitted to the manager 2 weeks before the expected release of the position.

The child care allowance will be paid by social security, and after registration with the employment service, one of the benefits will need to be abandoned.

It is forbidden to dismiss:

• a mother whose child is under three years of age;
• a single mother with a disabled child under the age of 18;
• single mother with a child under 14 years old.

Can I quit my job before vacation?

Permitted, subject to the rules of working relations.

There can be two options with different calculation and design:

• apply while already on vacation;
• apply for a request to provide .