Dismissal during vacation of your own free will without working off. Ways of dismissal during vacation of your own free will

Vacation is one of the ways to exercise the right to rest for employees working under employment contracts. Immediately, we note that leave cannot be granted to those employees who work under a civil law contract.

As a general rule, the duration of the vacation is 28 calendar days and must be granted annually. If an employee has just got a job in an organization, then the right to use for the first year of work arises for him only after six months of continuous work with this employer. Part-time workers are granted leave at the same time both at the main and at the second place of work.

By agreement of the parties, the annual leave can be divided into parts: one of them cannot be less than 14 calendar days, and the second half is not limited in any way, that is, it can be provided in any number of the remaining days (for example, three calendar days).

The calculation of vacation pay is carried out according to the resolution approved by the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1. They must be paid no later than three days before the start of the vacation (). The employee's leave in the time sheet is reflected by the code "OT" or "09".

The work book indicates the reason for terminating the contract (for example) and the date of dismissal, that is, the day of the month corresponding to the last day of vacation.

The worker must sign on the receipt in the book of accounting for the movement of work books and inserts in them, as well as in a personal card.

If the vacation period coincides with that indicated in the vacation schedule, then the employee must write only a letter of resignation. This is due to the fact that the basis for the provision of rest is the approved vacation schedule (for more details, see the article "Annual vacation: from general to private" in the journal "Practical Accounting" No. 6, 2013).

Temporary disability

In the event that an employee falls ill while on vacation with subsequent dismissal, he is paid a temporary disability benefit (letter from Rostrud dated December 24, 2007 No. 5277-6-1). The calculation of the benefit is made according to the general rules, which are enshrined in the Federal Law of December 29, 2006 No. 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood."

At the same time, the date of dismissal is not postponed, since it is not envisaged to extend the leave for the number of days of illness, as well as to postpone it to another time.

Withdrawal of a letter of resignation

Labor law allows an employee to withdraw his application even on the day of dismissal (). However, in this case, the application can be withdrawn only before the start of the vacation, since in fact the employment relationship with the employee ends from the moment the vacation begins.

At the same time, the employer may refuse to withdraw the application for dismissal even if it is completed on time, that is, before the start of the vacation.This is possible when another person has already been invited to the place of the dismissed person who cannot be denied employment. An invitation to work must be in writing.

E. G. Chekmarev,legal expert

Work with personnel in the enterprise

Correctly drawn up documents will protect against penalties from the inspectors, will lead you out of a conflict situation with employees. With the e-book "Work with personnel in the enterprise" you will have all the documentation in perfect order.

In the work of the personnel services of an enterprise, questions often arise about how to properly arrange a vacation with subsequent dismissal, is it necessary for an employee to work out the obligatory 2 weeks, when to give documents and pay payments upon dismissal? Such problems are regulated by Art. 127 of the Labor Code of the Russian Federation. It says that upon dismissal, the administration is obliged to provide all unused vacations or pay compensation for them. If the employee chooses the option in which he leaves to rest, the termination of the employment contract is drawn up on the last day of the vacation. An employee can, in return for compensation payments, take rest days corresponding to the hours worked. The aforementioned article of the law also applies in the event of dismissal in connection with the termination of a fixed-term employment contract and in case of staff reduction. Employees who are separated due to illegal actions will be able to get a vacation.

Reasons for taking leave before dismissal

When the decision to change the place of employment is considered and made in advance, the employee calculates how it is more convenient for him to deal with the unused vacation. In such a situation, you have to make a choice between money and rest. You can work until the last hour and receive compensation on the day of dismissal. When a new job has already been found, and it will not be possible to rest in the next six months, some people prefer to take a vacation followed by dismissal. There are also quite different cases. A person can work while looking for another job. And at the moment when he is resting, such a new job is found. In order not to miss a suitable option, he hastily notifies the employer that he intends to quit. Sometimes the reason for changing jobs is a conflict with the manager, and the employee is ready to leave by writing a statement. But in order not to work off two weeks in a tense atmosphere, he wonders if I can quit on the day of writing the application, and how best to draw up the documents if I do not want to come to work.

Employer Notice

According to Art. 80 of the Labor Code of the Russian Federation, intending to quit, the employee is obliged to notify the employer no later than two weeks before the termination of work. This must be done by writing a statement. The legislation does not provide for an employee's obligation to work during this period. Having informed the chief about the dismissal, he can rest on vacation. The decision on a two-week working off is made by the leader and expresses in his resolution on the statement. Quitting without working off is usually allowed when there is already a replacement for an employee. In this case, the countdown of the two-week period starts from the day following the day of submission of the application. Let's look at several situations that are often encountered in practice.

Read also The procedure for granting leave at the main place of work and part-time work

Drawing up an application while on vacation

The employee goes on vacation, planning after it, as usual, to work at the same place. At this time, circumstances are developing in such a way that he needs to quit. He thinks about what to do if I'm on vacation now, and after the vacation he intends to get another job. Naturally, he must write a statement. This can be done on any day, regardless of how much time is left until the end of the vacation. After two weeks, HR specialists are required to prepare documents for dismissal. If by this time the rest is already over, you can try to agree with the manager so that he would go on a reduction in the term of work or let him go on another vacation. Otherwise, you will have to work out a few more days.

Important! If an employee, while on vacation, sends an application to the employer by mail, he must understand that it will take time to deliver the correspondence. And the two-week period will be counted only from the day following the day the head receives the letter.

Termination of an employment agreement before vacation

For the first time, an employee has the right to receive leave with subsequent dismissal six months after employment. If an employee intends to quit and wants to spend the two weeks set to notify management at home, he can ask for leave with subsequent dismissal. This is what you need to write in your application. The manager can grant the request, but he has the right to refuse. They are obliged to release an employee from work only after two weeks. And the boss can decide for himself whether to allow them to rest on these days, or to leave them to work. The law gives him time to find a replacement for the dismissed one. A specialist who is not very necessary may be released without objection. And if no one can replace the employee for these half a month, they may not be allowed to go on vacation or their duration will be reduced.

If an employee asks for leave with subsequent dismissal, which is scheduled according to the schedule for the current year, the manager has no right to refuse. Otherwise, it will turn out that he violates the approved schedule on his own initiative, without the consent of the employee. In order not to bring the matter to penalties for violating the labor rights of a citizen, it is better to let the employee go to rest.

Read also Correct calculation of maternity leave

Statement drawn up on parental leave

A mother, while on parental leave, if she wants to quit, must notify her boss two weeks in advance, as in other cases. If she intends not to go to work at all, it is necessary to choose the date for drawing up the application in such a way that the end of the two-week work coincides with the end of the vacation. If the application was written later, you will have to go out to work.

Withdrawal of the application

It doesn't always work out as planned. And while on vacation, after which the citizen was going to quit, he can change his mind and want to withdraw the application. If during this time no one has been invited to the place of the quitting employee, he can safely return to his old job. If another employee has already agreed on the transfer to this position, he will only have to quit.

Paperwork

Having received a signed application, the personnel department must issue an order. If the company uses standard unified forms of documents, then for vacation with subsequent dismissal, you will have to make two orders:

• according to the T-6 form - for the provision of vacation;
• in the form of T-8 - for dismissal.

A generalized document has not been developed. But each employer can draw up a form that is most convenient for himself and use it in his work. For this it is necessary that the order:

• met the requirements for the preparation of primary accounting documents;
• contained columns for entering all the necessary information;
• was approved by the internal regulations of the enterprise.

The situation is similar with the calculation note required to calculate the estimated payments. To draw up it, you will either have to use the samples of the T-60 and T-61 forms, or develop your own form.

The procedure for issuing a work book also has its own characteristics. If a worker goes on vacation, after which he leaves, he must receive the book on the last working day. At the same time, the final settlement is calculated and issued. And you don't have to come to the employer additionally. To do this, the order is drawn up on the last working day, and the date of dismissal is indicated in it, which coincides with the last day of vacation. She is also recorded in the work book.

There are several scenarios in which the termination of an employment contract can occur. One of the most common formulations of dismissal is: "of their own free will." Consider a special case of dismissal, namely, is it possible to quit while on vacation, and how to do it correctly.

Dismissal while on vacation

Please note - according to the Labor Code (Labor Code) 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 number cases(Article 81 of the Labor Code of the Russian Federation):

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

Dismissal application rules

Submitting an application for dismissal of their own free will, regardless of whether the employee is on vacation or not, is the first step a citizen must take to terminate an employment contract.
For clarity, we will present the methods of filing a notice of intention to quit in the form of a table.

Dismissal during vacation and service

According to labor law (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 "working off", but, in fact, the period of 14 days between filing an application and dismissal is precisely it. Conclusion: the fourteenth day from the date of application is the day of dismissal.

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

• Option one: filing a notice of termination at the same time as the vacation application 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: being fired while on 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 work if the employee submits an application later than 2 weeks before the end of the vacation. In this case, after the end of the vacation, he will have to go to his workplace and complete a period equal to the difference between the 14 days and the remaining days of vacation when he applied.

The nuances of the dismissal procedure

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

note

According to the Labor Code of the Russian Federation, the employee must issue vacation payments 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. submission by the employee of an application for dismissal;
2. issuing an order for the organization to terminate the employment contract with the quitting employee;
3. familiarization of the employee with the order for signature. If the employee cannot sign the order due to territorial remoteness, then the employee of the personnel department must make a note about this on the order and draw up a special act;
4. drawing up a calculation of payments due to a retiring 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. issuance of a work book, 2-NDFL and 4H certificates to a resigning citizen;
7. issuance to the employee of all amounts due to him.

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

A specialist will advise you in the comments below

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 him in the article.

The Labor Code prohibits the dismissal of employees during their 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 has expressed a desire to quit during vacation, then labor legislation does not establish any restrictions. In this case, it is important that the employee observes the deadlines for filing a letter of resignation, and the employer observes the procedure for carrying out the termination procedure.

Dismissal notice period

The employee has the right to terminate the employment contract by notifying the employer in writing not 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 an employer to find a new employee for an opening vacancy.

Often, in practice, there is a substitution of the concept of "warn" for "work out". Although even the very concept of "working off 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.

The exception to the general rule are cases when further work cannot be continued and the employee must quit on a certain day. This can be admission to an 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 decided to leave the company at an earlier date without good reason, then this is possible only by agreement with the employer.

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

Vacation recall is not required to apply for dismissal

If an employee brought a letter of resignation while on vacation, there is no need to recall him from vacation on that day. After all, he does not fulfill his labor functions at this moment, and the recall from vacation himself should take place on 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 resign of his own free will, there is no initiative of the employer.

Note.Before the expiry of the notice of dismissal, the employee can withdraw his application at any time. Dismissal in this case is not made, unless another employee is 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).

From what day does the two-week warning period start?

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

Example 1. An employee of OJSC "Pyrotechnica-2000" V. I. Samsonov is on the main annual paid leave from May 15 to June 11, 2013 (order of 05/08/2013 N 39). While on vacation, he made the decision to leave the organization on June 5, 2013. Knowing that the employer needs to be notified 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 period of notice of 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 specified in the employee's application (June 5, 2012), he will put a resolution on V.I.Samsonov's application in which he will indicate the dismissal date equal to the expiration of the two-week warning period, and the rationale is part 1 of Article 80 of the Labor Code RF. For example: "To 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 get acquainted with the order, pick up a 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 the vacation is provided in advance

Labor legislation does not provide for the granting of a certain length of leave in proportion to the hours worked. This was indicated by Rostrud in a letter dated 23.06.2006 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, the employee may be granted a paid leave before the expiration of six months (part 2 of article 122 of the Labor Code of the Russian Federation).

- for women - before or immediately after maternity leave;

- 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 earning the length of service, which gives the right to such a vacation. 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 sequence (vacation schedule) established by the employer (part 4 of article 122 of the Labor Code of the Russian Federation).

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

We draw up documents

Vacation order. The basis for granting leave is an order issued according to the unified form N T-6 (T-6a) or a form independently developed by the employer (Rostrud letter dated 02.14.2013 N PG / 1487-6-1). A note-calculation on the granting of leave to the employee is also drawn up according to the unified form N T-60 or an independently 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. If an employee is dismissed 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 an accountant needs documentary justification to recalculate vacation payments, it is better to issue the above orders and, on their basis, re-fill the note-calculation on the granting of vacation. It will also be useful to draw up an accompanying memorandum.

Example 2. Let us 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:

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

- issue a new order for leave of a different duration and issue a note-calculation;

- draw up an accompanying memo.

You can cancel the initial order to provide the 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 of 05/08/2013 N 39 on the provision of annual paid leave to V. I. Samsonov invalid in connection with the publication of the order of 05/27/2013 N 47". At the same time, issue another order establishing a new length of annual paid leave for an employee (up to and including the day of dismissal) and resolving the issue of recalculating vacation pay;

- by an order that will establish a new duration of annual leave. In this order, you can cancel a previously issued order on granting an 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 with cancellation earlier executed note-calculation and recalculation of vacation pay (clause 3 of the order).

Memo 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 norm 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 a right, not an 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 deciding to collect a debt, 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 that he needs in accordance with the medical report, or the employer does not have the appropriate work (clause 8, part 1 of article 77 of the Labor Code of the Russian Federation);

- liquidation of an organization or termination of activities by an individual entrepreneur (clause 1 of part 1 of 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 organization's property - in relation to the head of the organization, his deputies and the chief accountant (clause 4 of part 1 of article 81 of the Labor Code of the Russian Federation);

- conscription for military service or direction to replace it with alternative civilian service (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 of the state labor inspectorate or the court (clause 2 of article 83 of the Labor Code of the Russian Federation);

- recognition of an employee as completely incapable of work on a medical certificate (clause 5 of article 83 of the Labor Code of the Russian Federation);

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

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

If an employee is dismissed on a different basis, the employer can withhold from his salary no more than 20% of the amount paid for each payment. In this case, 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).

The Labor Code provides officially employed individuals with many ways to terminate contracts with an employer.

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Moreover, in most cases, it is the rights of employees that are protected, but not the employer. It is because of the poet that the employee can quit right during the vacation of his own free will.

Is it possible

If an officially employed employee decided for some reason to quit of his own free will right during the vacation, then the implementation of this action will not be considered illegal.

The Labor Code, as well as other regulatory documents, do not contain articles that make it impossible to terminate an employment contract during a vacation by a process illegal.

But it is worth remembering that this kind of procedure has a large number of different nuances. The most important of these are the following:

• to complete the application to interrupt the vacation, it is not required to make a call from it;
• it is imperative to comply with the application deadline.

A special situation is the provision of vacation in advance. Registration of this kind of leave in debt is possible on the basis of current legislation.

It is not required to observe any proportion between the length of vacation time and the amount of time worked. This moment is covered in the most detailed way in the letter of Rostrud dated 06.23.06.

If an employee is on vacation, there is simply no need to suspend it. It will be enough to draw up the application accordingly and transfer it to the personnel department.

In this case, again, it is not necessary to do it personally. It will be necessary to send the application itself by registered mail with a list of attachments to the employer's address.

The work book itself can also be obtained by mail - you just need to indicate this moment in the application for dismissal.

A very important nuance, which must always be remembered, is the obligation to comply with the deadlines for submitting the relevant application.

According to the current legislation, it is mandatory to notify your employer about dismissal 2 weeks in advance.

But if the employee who wrote the application for the next 14 days is on sick leave, on vacation, then this period cannot be increased.

If during the entire two-week period the employee is on vacation, then he may not return to his workplace.

If the vacation ends earlier than this period, then the obligation arises to work out this period. But this moment always remains at the discretion of the employer himself.

The timing

The terms during which the employee is obliged to warn his employer about dismissal are indicated in the Labor Code of the Russian Federation.

In fact, the duration of the dismissal process can be this entire period. Moreover, the countdown begins from the day when the employee submitted a properly executed application to the personnel department.

But at the same time, the term for dismissal of their own free will during vacation can be significantly reduced.

If the employer does not want to go to a meeting with his employee and carry out the dismissal process in one day, then you should refer to the Labor Code.

It provides for cases when the employer is obliged to carry out the dismissal procedure by the date of application (it is important that it be a working day).

The list of such situations includes the following:

• the employee was enrolled by a student in an educational institution;
• the employer has violated labor laws in any way;
• it is required to care for a disabled person of group I;
• retirement.

If there is a desire to quit at your own request, but the vacation ends before the expiration of the two-week period, then you can not work out the remaining period of time on the basis of the above reasons.

Especially often this method of dismissal is used by various elderly people - they specially take a vacation in such a way that they immediately retire after it.

Order

The procedure for dismissing an employee of his own free will is extremely simple.

It includes the following main stages:

• an employee writing an application in the appropriate form;
• the formation of a special order on - it is signed by the head or another official who has the right to do so;
• the accountant calculates the company's debt to the employee, or vice versa - after that the funds are transferred to the account;
• the employee takes the work book.

When writing a letter of resignation of your own free will, there is no need to follow any particular format.

The human resources employee should properly formalize the termination process. Its task is as follows:

• preparation of an order in the form of T-8, transferring it to the director, his deputy or other authorized person for signature;
• making an appropriate entry in the work book.

The second point is especially important. The employee should check as carefully as possible - what kind of wording was recorded in the work book.

Since sometimes, but nevertheless, it happens that the leadership, out of a desire to harm, prescribes there an impartial article as the reason for dismissal - absenteeism or otherwise. With such a record, subsequently, it will be extremely problematic to find a job.

Of course, this is a very serious violation of the current legislation. But until now, some employers practice such "revenge".

The work book should contain the following entry in the case under consideration: "Fired at his own request on the basis of the Labor Code of the Russian Federation."

If, for some reason, the recording sounds different, then this should immediately go to court. Since the employer in this way seriously violates the legislation in force in the territory of the Russian Federation.

Also, a serious violation of the current legislation is the failure to return the work book on time.

How to write a statement

Writing a letter of resignation is the simplest step in this process. It is compiled in free form. Can be handwritten or printed on a PC.

But without fail must contain the following information:

• in the upper right corner:
  • name of company;
  • surname, name and patronymic of the director or acting director;
• the text of the statement itself:
  • A briefly formulated request for dismissal with reasons (optional);
  • desired date of dismissal;
• in the lower part:
  • Date of preparation;
  • applicant's signature;
  • place for the signature of the head of the personnel department;
  • place for the signature of the director / acting.

If the employee has any doubts about the honesty of the employer, then it is imperative to require a mark on the acceptance of this document by the HR department.

Or simply send this document by registered mail with a list of attachments. Since there are frequent precedents when an employee of the personnel department simply throws the submitted application into the trash bin.

In this case, it will be extremely problematic to prove the rightness in court, since there will simply be no confirmation of the submission of the application to the personnel department.

Dismissal of your own free will during vacation without work

There is a fairly long list of ways to avoid working on dismissal. But some of them are quite difficult to realize. The easiest way is to go on vacation and write a letter of resignation on time, when the vacation has not yet ended.

But sometimes, for some reason, it is simply impossible to implement such a scheme. In this case, the best solution is to compromise with the employer.

Since, by agreement, the management of the enterprise can dismiss an employee in one day, in compliance with all legislative norms.

Often, for various reasons (voluntarily or out of necessity), workers go on leave without pay - without pay.

In this case, the procedure for dismissal remains the same. It is enough for the employee himself to write a statement in the appropriate format.

The employer is obliged to make the payment of monetary compensation (if any) and give the employee his work book.

At the same time, it must be remembered that the employer has no right to fire an employee on his own initiative while he is on leave without pay.