It is necessary to desire the worker himself.

If he seduces it by writing a statement, then there are no other restrictions for dismissal during the period of vacation.

Options

How to quit? Being on vacation you can quit the applied one of the options:

1. Writing an application for dismissal on vacation, at your own request.

In the first case, the employee wants to leave the organization not immediately, but only after how goes away leave before dismissal. Labor book is issued before the start of the vacation period.

Money is also paid in advance. The employee rests the laid, and simply does not go to work. But you need to remember that the employer is not obliged to go on the employee and may refuse to leave with subsequent dismissal.

The second option, regardless of the desire of the employer obliges it to make a dismissal. Can I write an application for dismissal while on vacation? Vacationer it is not necessary to go to work at least one day for writing a statement.How many are mistakenly reading. That is, the review, which usually insists the authorities, do not need to do.

An employer can be understood. Written on vacation Submitting an obstacle to the notorious "working out". The employee will not get to pull out to the office so that he completed his affairs, passed the documents, taught another person. Writing a statement quietly waiting for the deadline for the end of the notice, and takes the documents without worrying about unfinished work.

But insist on the recall it is not valid:

1. No production factor.
2. There is no harmony consent.

In this video, it is described in detail about the first version, "leave with subsequent dismissal." What is worth paying attention to, and what should be fearing? Recommended for viewing:

The procedure and deadlines for submitting an application

When to pick up documents?

The day of dismissal is the longest time when the employee must receive the necessary documents:

• labor;
• certificates;
• final calculation.

The delay is unacceptable.

Responsibility of the employer

Labor legislation protects against the arbitrariness of the employer and allows you to initiate administrative penalties in the following cases:

1. Failure to fool (not signing a statement).
2. Violation of deadlines.
3. Non-return workbook.
4. Understandable calculation.
5. Invisible certificates.

The employer is important to comply with labor legislation, issuing dismissal as correct as possible.

Dismissal at your own request may always. The role does not play, there is a person on vacation or in his workplace. It is only important for the desire of the employee and the observance of the simple procedure for the rupture of labor relations.

In the Labor Code, the requirements for which the dismissal during the leave may or, on the contrary, are unacceptable. It is necessary to begin with the fact that all cases of independent care or liquidation of the organization are considered, and the employment agreement will be terminated.

Despite this, the dismissal of a person on vacation is prohibited in labor legislation. In simple language, the termination of the contract is possible if the employee himself wanted. We must not forget about a number of valid reasons that allow you to quit remotely.

For example, when coordinating the interests of both parties, an employee and an employer, labor relations will be discontinued. In addition to the established period of vacation, there are other species that are characterized by their specificity. The employer cannot deprive the posts, dismissal is possible only or in the event of the liquidation of the enterprise / organization. The worker himself can seek unhindered to his superiors by writing a statement. The main thing is that it is impossible to forget - procedural and documentary legislative nuances.

Permissible cases

The employer cannot terminate labor relations with its subordinates, based on Part 6 of Art. 81 TC. It is necessary to wait for the expiration of the time of vacation, and then make appropriate decisions. As it became clear, labor relations cannot be terminated with a person on vacation. The employer may refer to various reasons:

• lack of due qualifications;
• frequent absentee;
• violation of labor discipline, etc.

Such an initiative will be ineffective, and the decisions made-and decisions. When can I dismiss the employee? There are several potential options.

If the company stops functioning, the termination of relations is expected on any day of vacation, both at the request of the leadership and subordinate. In this case, a special role will not play the overall duration of the rest or the current stage of the work implemented. After the end of the joint activity of the Parties should not be the claims and unresolved issues. If some questions failed to solve promptly, then you can contact the court.

With a similar situation, facing enterprises when a material-responsible person is dismissed during an inventory, and after that a shortage is revealed. If the organization is liquidated, then employees are notified for 40-60 days.

If the bankruptcy procedure is compulsory, the timing of no earlier than two months should be announced to the planned date of termination of labor relations. The legislation is allowed to reduce the timing of up to several weeks, but this formulation should be previously discussed with the employer and reflected in the signed contract.

If a person has encountered a similar situation, then the appropriate mark must be made in the employment record. There are cases when the company is trying to make pseudo-liquidation, rewriting a part of its assets to another company, and unnecessary employees should quit themselves at their own request. Each individual event must be analyzed in detail. In case of violation of the procedure, it is necessary to seek help in ship instances.

How to do everything yourself?

Combining vacation and termination of labor relations is possible in two cases. According to the first option, a person writes a statement about the care of his own desire, formally in it. Or the employee says to his bosses on vacation with the subsequent termination of work.

In both cases, you can allocate key aspects. Having written a statement on your own request, an employee can relax the set number of days, and after the exit, he receives the relevant settlement documents and order. The vacation time plays a big role in solving this issue. If it does not exceed 14 days, then it will be possible to stay to pass through.

Everything rests on the legislation, according to which the intention of care should be announced no later than two weeks before leaving work. If the rest takes a long time in the working cycle, then after the exit, it is not likely to return to work. But do not forget about the deadlines for filing the appropriate statement.

The employer provides recreation and subsequent dismissal. In this case, it is not necessary to count on receiving compensation for unused days, as an employee receives and uses vacation money. To display the day of termination of labor relations, the beginning of vacation is used, and not its ending.

At the end of the work, a workbook with appropriate marks is provided, and a calculation is calculated. Resting the set time, no longer needed to work out.

In the event that the employee writes a statement on his own request and sends it to his superiors, then dismissal without subsequent work. Labor legislation established the norms according to which the employee should not go to work, if, after submitting a document on the care, a period of at least 14 days remained.

For any supervisor, knowledge of legislation is simply necessary, since this will depend on the further development of the organization. The departure application should be, even if it is submitted by the employee's own accord and contradicts the initiative of the Guide. This rule is reflected in the corresponding Art. 81 TC.

How to prevent a mistake?

Not every person knows the rules for filing care documentation. Regardless of the location, the employee can send a statement on his own request to the address of the organization itself. Mandatory condition - not the address of the authorities should be indicated, but the legal address of the organization. In the event that the actual finding differs from legal, you can send a document in both directions.

This is done so that after the care, the employer does not start manipulating the person, saying that the application was sent to another address, and therefore was not considered on time. After that, as a rule, legal proceedings are coming, but to prevent an unpleasant situation, it is necessary to maintain all postal notifications confirming the fact of receipt.

Rather during the rest - a normal practice that is protected at the legislative level. You can write a document and send to the appropriate address, without fearing that the employer does not want to consider it or sign. Using the labor standards in which the employer is not obliged to sign incoming applications, you can stop worrying.

After that, the employee must receive a second copy marked, indicating the date of his reception, since the period of working out from the next day. In order not to spend time on legal proceedings, it is necessary to periodically refer to the standards prescribed in the Labor Code.

In Article 80, the TC states that the contract can be terminated, being on vacation, the main thing is not to forget that the care should learn no later than 14 days before him. After receiving the document, the head can not affect the employee and force it to stay. There are no legal grounds for such actions. At the end of the work, a workbook and settlement funds are issued.

Alternative options

An employee may not write a departure document, referring to good reasons:

• retirement;
• the beginning of the educational process;
• recorded violations while working by the leadership and others.

Each particular case is analyzed, according to the results, the corresponding ruling is made. The fact of a violation of the legislation is in question above may be proven during the court or after receiving the instructions of the Labor Inspection. The employee himself should not consider himself disadvantaged if personal interests disagree with the interests of the control top.

Judicial practice knows cases when the worker was released from working out. Such precedents have a place in the case of moving or severe illness of a close relative. Even on vacation, you can count on the receipt of some concerns. A person will not take away the time at the bosses that they will send in search of replacement.

The norms of the TC does not establish an accurate procedure for termination of labor relations, but, according to the explanations of the Labor Inspectorate, care must be approved after receiving the relevant document, if it does not violate the established norms. Write a document and leave the organization, what could be easier?

Speaking about maternity leave, care is authorized only if the letter of female desire was reflected in the letter. If there is no possibility to attribute the document to the manual, then this can be done by mail. Quite often, there are cases when young mothers force to write a letter of leaving, but this approach will be illegal.

Many moms often have a question how can you leave with office, if there is a small child. According to the first embodiment, a written agreement is drawn up, where both parties remain with their own interests. Mail Sending - an alternative. In addition, care for the child frees from the passage of 2 weeks.

Is it possible to dismiss the employee who is on vacation?

Is it possible to dismiss the employee who is on vacation? It is usually impossible if the decision to terminate the employment contract accepts the employer. Let's see what prevents dismissal on vacation and in what cases it is permissible.

When is it possible to dismiss the employee on vacation

In the Labor Code of the Russian Federation (see Art. 81) it is argued that dismissal during the vacation period is possible only when there is no employer initiative. Thus, it is possible if:

• the decision takes the employee himself;
• the decision becomes the fruit of the agreement of the parties;
• a person comes back to work, whose duties were replaced during his absence;
• the term of employment contract expires.

The will of the employer will be the basis for dismissal on vacation only if the organization is liquidated or IP terminates its activities. A special case will be the dismissal of an employee of the Ministry of Internal Affairs. In art. 82 of the Law "On Service in the ATS of the Russian Federation" of November 30, 2011 No. 342-FZ stipulates that on the basis of PP. 1, 2, 4, 7-9 and 11 h. 3 of Art. 82 Dismissal on vacation is allowed.

In order to realize the right to stop relations with the employee on any of the grounds provided for by Art. 81 of the Labor Code of the Russian Federation, it will have to be caused from vacation (see Art. 125 of the Labor Code of the Russian Federation) or wait for the completion of such. Can they dismiss on vacation if the employee's consent on the voluntary review from vacation is not received? Suppose that a voluntary agreement was received to a review from the holidays obviously to dismiss the employee on the initiative of the employer, and the employee was not aware of such a goal of recalling from vacation. This situation can be a basis for recovery at work (see the decision of the Beloretsky Court of Bashkortostan from 02.10.2017 in case No. 2-2089/17).

How to dismiss a person in another vacation in the liquidation of the organization

Guarantees and compensation to employees discharged due to the liquidation of the company are established by Art. 180 TK RF. When making a decision on the liquidation of the organization, employees must be warned about dismissal no later than 2 months. In practice, this period is usually used so that employees use all accumulated and non-governmental holidays. Registration of dismissal in the next vacation in this case will not cause difficulties if the warning was done in a timely manner. It will be issued in general, the last day of vacation coincides with the last day of work.

The employee and the employer will have enough time to synchronize their actions. When making dismissal, it will be necessary:

• prepare an order;
• notify employees;
• notify the employment body for 2 months (employer-IP - in 2 weeks), and if the dismissal is a massive - for 3 months (part 2 of Art. 25 of the Law of the Russian Federation "On Employment of the Population in the Russian Federation" from 04/19/1991 No. 1032-I) ;
• pay the day off, making all the calculations.

Can man leave during vacation without maintaining content

Is it possible to dismiss a person who is on vacation without detention? TK RF does not distinguish vacation form for determining the possibility of dismissal: the same rules are valid if a person is in paid or educational leave, took several days in the form of a vacation at his own request for family or other circumstances (see Art. 128 of the Labor Code of the Russian Federation ). The date of the first day of release from vacation in this case will be the date of dismissal.

When making such a vacation, a violation of the procedure may be the basis for the possibility of discontinuous on the initiative of the employer. Such a violation is possible, for example, if there is a norm in the statute of the Company's obligatory coordination of the commodity by the co-founder or board of directors. Thus, the direction of the application for extending leave by email channels or a message about this by phone can be a violation of the procedure and will be recognized by the skid, which will automatically entail dismissal.

Rostrud in a letter dated September 05, 2006 No. 1551-6 argues that the form of the notification direction does not matter, but there is also a different practice. Thus, in the decision of the Vorkuta District Court of the Republic of Komi dated December 25, 2015 in case No. 2-2449 / 15, the plaintiff refused to restore at work, since he found that the employer must extend his vacation in accordance with Art. 124 of the Labor Code of the Russian Federation in a message about this desire by phone and direction of a simple letter in a situation where it was necessary to send a report.

Is it possible to dismiss a temporary employee on vacation when you enter the work of permanent

The legislation provides several situations where the employment contract concluded for a certain period is terminated at a specific date. One of these cases will be going to the work of colleagues, whose duties temporarily performed dismissed (part 2 of Art. 77 of the Labor Code of the Russian Federation). In the second case, the basis for the requirement to free the workplace will be the restoration of the previous contractor on the basis of a court decision or an act of labor inspection. Is it possible to dismiss during vacation in this situation?

The law does not provide a replacement employee right to stay at the workplace, but obliges the employer to offer him other vacancies available in the company. At the same time, the court will confirm the legality of the dismissal of the employee who has denied the employee who, and compensation to the law does not give it any guarantees (see the decision of the Slatsevsky court of the Leningrad Region of June 17, 2016 in case No. 2-650 / 16). At the same time, for example, an employee can be dismissed even if it is also at this moment on maternity leave (decision of the October Court of St. Petersburg dated February 17, 2016 in case No. 2-1 / 16).

Maternity leave

If the employee is on maternity leave, it can be quitting at any time at any time. Art. 261 of the Labor Code of the Russian Federation, at the same time, eliminates the opportunity to dismiss a pregnant woman at the initiative of the company, with the exception of 2 situations:

• liquidation of the organization;
• look at the work of a person whose duties she replaced.

At the same time, if an agreement was reached by the parties on the dismissal, but later the consent of the employee was revoked due to the fact that at the time of signing the agreement, the woman did not know about pregnancy, then the agreement would not have legal force (see the definition of the Armed Forces of the Russian Federation of September 05, 2014 No. 37 -KG14-4). In this case, the court will not only restore the woman at work, but also will force the employer to pay her compensation for wages for a period of absence at work not in its fault.

Establish such a review of its consent is necessary for two documents:

• a statement on refusal of its consent to terminate the employment contract due to a significant change in circumstances;
• certificate of a doctor confirming the fact of pregnancy.

It is more likely to read this in the article "Dismissal on maternity leave at your own request." It is important to note that if an employee, being on maternity leave, nevertheless, part-time work, its guilty actions can give a company to the establishment of labor relations.

How dismissal dismissal is issued

If an employee applies to terminate the employment contract at a specific date, then the question is, it is possible to dismiss a person on vacation, does not arise. By agreement with the employer, the date of termination of the contract is selected (the warning in 2 weeks does not always require all employers), and on this day, the parties will issue all the documents required.

How to dismiss a person on vacation taking into account the rules that the day of dismissal is the last day of work? It will be necessary to correct the initially published vacation order. In the newly published document, it will be necessary to identify exactly the duration of stay on vacation that will become actual. According to Art. 127 TK RF dismissal day is combined with the last day of vacation.

What if the personnel decision is Narrel and the employer wants to get an answer to the question, can they dismiss during the holidays on his initiative? The only legal decision will be a review of the employee. Cases where personnel services or managers are pressing an employee, forcing him to write a statement on their own request, can lead to a lawsuit for the court with a request for recovery, since the application has not reflected the real will of the person. If the plaintiff persuades the court that the employer forced it to apply, this circumstance is subject to verification and the obligation to prove it is assigned to the plaintiff (see paragraph 22 of the Decisions of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2, the decision of the Right Bank of Magnitogorsk from 25.08.2017 in case number 2-1610 / 17).

If vacation is not earned by the employee

What happens in a situation where the employee submits a declaration of dismissal during the holidays, but the vacation was granted after 6 months of work, respectively, the vacations were paid in advance? How is the issue of recalculation regulated?

Anyone has the right to count on providing the ability to rest after 6 months of work. But there are certain categories of citizens who have the right to get a vacation earlier.

It will not be necessary to wait for 6 months in accordance with Part 3 of Art. 122 TK RF:

• women who request the provision of vacation before going on maternity leave, or on its completion;
• young men and girls under the age of 18;
• employees who adopted baby up to 3 months.

But the right to hold is also limited. It cannot be produced if the basis of the termination of the contract was:

• liquidation of company;
• staff reduction;
• the inability to continue work on medical reasons;
• conscription;
• change of owner of the company's property.

Prospects for judicial protection of an employee dismissed during the period of vacation

Courts, looking at the question, it is possible to dismiss the employee on vacation, faced with the requirements:

• on restoration at work;
• change the date of dismissal;
• pay compensation for the period of forced absenteeism;
• making corrections to the employment record;
• payment of non-moral damage compensation.

The basis of the protection strategy will be proof that the employee during the publication of the order of dismissal was on vacation or was illegally withdrawn from it. After that, you can declare recovery requirements at work.

As a first step, it is necessary:

• recognize an order to revoke from vacation invalid (see the appellate definition of the Belgorod Regional Court of 02.07.2013 No. 33-2385);
• recognize the fact of spending on vacation (see Decision of the Konakovsky City Court of the Tver Region dated 09.22.2017 in case No. 2-1217).

***

The dismissal of the employee who is regulated by the legislator is sufficiently strictly. Any violations of the established procedure or case of pressure in order to force to write a statement on your own request may lead to restoration at work and pay the amount of non-pecuniary damage.

Based on the Labor Code of the Russian Federation, Article 80 before the employee decides to work out for 2 weeks, that is, will correctly say, write a letter of dismissal two weeks before the day of dismissal.

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Even the fact does not matter if the worker arrives at the moment in the next legal leave. The employer must be made a statement for consideration, and it cannot refuse that.

Cases when possible dismissal during vacation

Vacation is not the reason for the dismissal and termination of labor relations in the case of personal hostility of the employer to the worker, for example, with professional work, unfinished by an employee of work and even in case of detection of a shortage at the time of dismissal (if an employee-material-responsible person). All such issues are solved only in court.

Perhaps only when:

1. The presence of a written agreement between the parties in which the term of termination of labor together is marked.
2. Forced termination of the organization's activities, when it is impossible to carry out further work.
3. Liquidation of the enterprise.

An employee must be notified at least 2 months before the day of the upcoming dismissal. Deadlines of prevention can be reduced only in the case of bankruptcy, complete liquidation of the enterprise. However, such a wording must be necessarily entered into the employment record.

If such an entry into labor, it is possible to suspect tricks from officials. So often there are a dishonest employers if you wish to get rid of an unnecessary subordinate as soon as possible, although in fact the company continues to work successfully.

In case of disagreement of an employee with this verdict, he can also declare his rights. Upon rectifies in lies and unscrupulousness from the employer, a statement of claim can be filed.

Can an employer dismiss the employee who is in annual leave?

An employee cannot be fired during the vacation period. This is prohibited by the Labor Code. Dismissal is possible only with the complete elimination of the enterprise and the termination of all activities.

However, with the will of the will to quit the employee himself on the holiday period, nothing should prevent this. The main thing is to comply with the deadlines for submitting an application, i.e. 2 weeks before the alleged dismissal day. From the side of the employer - timely consideration of the application and the procedure for dismissing the submerged way.

There is no restrictions on the law if you wish to quit the employee who is on vacation or on the hospital. Only in accordance with the norms of the law, the employee must be withdrawn from vacation for writing and submitting an application.

Vacation dismissal options

Rather during the holidays, the employee can be in two ways:

1. Apply for care, staying already on vacation.
2. Write a petition for granting leave with subsequent dismissal.

When staying on vacation, you need to write a care application, but two weeks before the alleged allowance. In this case, the employee has the right no longer go to work, wag off all the last days. Further, after the edition of the order, it is only for receiving the calculation and employment book.

With the duration of the vacation, less than two weeks, the employee will still have to work out the days remaining before allowing time. If, on the contrary, the vacation is long, then there is no need to go to work. An employee by order will be fired 2 weeks after submitting an application, he also will also have the right to pay compensation for all the durations of stay on vacation.

An employee can write with the subsequent dismissal, but in this case will remain without paying compensation for unused days, since receiving the release has already been produced earlier.

At the same time, an employee can simply not go out. It is not obliged to work out the days of the week after the holiday in the case of a timely application of the application, i.e. Not later than 14 days before the end of the vacation period.

Once a year, the employee is provided to legal rest, and the employer has no right to dismiss the employee throughout the rest. At the same time, the development of the required 2 weeks after serving on vacation and when submitting an application for two weeks earlier, and the end of this period is not mandatory.

Dismampling procedure

The order of dismissal is not a complex structure, but comply with several stages still need:

1. Apply in form number 8 On the signature to the head, other official person.
2. Contact accounting To calculate debt.
3. After signing the application and the onset of the last working day To apply for the calculation, also your employment book.

More responsibly to the procedure should include a personnel department worker:

• prepare an order for dismissal;
• attribute to the signature to the head;
• make an appropriate entry into the employment record.

An employee in turn must check the writing of the wording in the employment record, which must be true. That is, the entry is "on your own".

It happens that the leaders in every way want to harm employees, ascribe an article, for example, for a walk, which is completely impartial for an employee, can become a stumbling block with a subsequent employment to a new place. Revenge on the part of the employer will thus - it is a violation of the labor legislation of our country, so it can be challenged in court in a legitimate manner.

Violation is also considered untimely return of the employment record. In case of delay at the employer, a penalty may be charged in the amount of one average wage of the disadvantaged employee.

In case of non-use of part of the vacation, the employee pays for unused days should be compensated by issuing an additional monetary amount.

The dismissal application is allowed to be in free form, but the standard rules to observe are still necessary, i.e. On the paper in the upper corner to the right to specify:

• FIO of the head or organization;
• in the center Write the word "statement";
• in the statement to start with the wording "I ask to dismiss at your own request";
• put the number and signature.

When writing a statement in the case of staying at home and while on vacation, it can be sent by mail to the legal address of the organization. If you fail the legal address with the actual address, you can send two applications for two addresses.

The employer is not entitled to refuse to work in acceptance and consideration of the application, although this does not mean that he should immediately sign it. It can only make a tick for a while, because there is still ahead of two weeks. Only after this time period, the application will be signed necessarily.

In the same way, an employee is not prohibited to terminate labor relations when preventing the employer in advance, that is, 2 weeks before the intended day of care. On the last working day, the workbook must be issued on the hand, a cash settlement, also all certificates about deductions to the insurance company.

The rules for issuing a statement

The application is drawn up in arbitrary form, no strict compliant with the legislation is provided. The main thing is to register the basis for dismissal, i.e. the desire to quit on his own request. The reflection in the document of the motives and the reasons that prompted such a decision at all is not necessarily.

As a rule, usually, employees need to be resigned to urgently and without work out really for a valid reason, for example, on the occasion:

• retirement;
• receipt of study in full-time;
• moving to another place of residence.

About the reason for the dismissal to the employer can be verbally. In the absence of any reaction, it is written once again to notify about its decision, which must be considered by an official (organization, firms) in writing.

If dismissal motifs are not clear, not exactly indicated in the statement, then the document may have to rewrite.

After consideration and signature, the signing by the manager will be issued, with the statement of which the employee must familiarize himself with personally, to confirm the signature written by simplicity.

It is the last working day according to the law is considered to be dismissal, so it is reasonable to indicate the exact date when it is assumed . It is advisable to prevent words with a dual sense in the statement. For example, not to prescribe the date of the dismissal by the number, but to write the phrase "Happy dismissal I ask you to consider the latter."

In order to avoid various nuances and misunderstanding from the employer, the document must be prescribed, clearly and without errors.

Calculation of a dismissed employee

According to the Labor Code of the Russian Federation, the payment is allowed:

• (if it is provided in the collective agreement concluded earlier in employment to work);
• wages for all spent days;
• holidays;
• days of stay on the hospital (paid in full).

The dismissal of the employee during the holiday involves the work of the calculation on the last working day:

1. To form a total amount of payment The number of days spent for the last 12 months is taken into account. At the same time, payments that have already been implemented during stay on vacation, on a hospital or on a business trip to account no longer be taken. The worker has the right only to count on compensation for unused vacation days, also premium, calculation for which is made proportions.
2. The basis of the number of past days per month is taken, for example - 29. According to the standard, this number is 29.3. In the event of an increase in the salary for this period, income indexing is made with respect to the new salary to the old.
3. Next, the average salary for one working day is calculated., i.e. the income in general is divided by the number of days spent in a month with the inclusion of compensation. If the vacation was not previously used (or partly), then the salary for 1 day is multiplied by the number of unused days.
4. The law does not register a clear regulation in the case of dismissal under the Agreement of the Parties. Day of termination of labor relations is considered the date specified in the statement. Nevertheless, it is important to write a statement correctly, clearly reflect all your requirements.
5. The employer is obliged after signing this document to issue a corresponding order of dismissal, And the employee is to familiarize himself with it and reinforce your agreement with the signature. Further, the document will be certified by the organization and put in the archive.

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 mind, if necessary, this period can be reduced (for example, in case a citizen found a new job and wants to start 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 in the article. The employee's book is necessarily introduced 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).

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.

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