Registration of leave with subsequent dismissal

Currently, the employee, before termination of the current labor contract, can take advantage of the rest period he has available. Vacation followed by dismissal is possible only upon termination of the contract by the employee or by mutual desire. When terminating the relationship at the initiative of the enterprise administration, only compensation is paid.

The legislation provides, when fulfilling labor functions during a certain period, the right of workers to rest periods. This period is provided outside the main vacation schedule.

The Labor Code of the Russian Federation has established this possibility, but there is one limitation. A working person must obtain the consent of his employer for this. For this purpose, it is recommended to draw up an agreement with the company administration upon dismissal.

Also for harmful and hazardous conditions work, for a day of work exceeding the standard duration is calculated. Its duration is added to the main one.

The employee, by agreement with his employer, can take all of them in the form of rest days before dismissal, or receive monetary compensation, or take part of the vacation and take the rest in money. And no less important factor this includes the presence of vacation days not taken off.

It may happen that despite the employee’s desire to go on vacation and not work the required 14 days, he will not have this period in reserve, and even worse, he has already taken advantage of this vacation in advance. Then the employee will have to return monetary value days of previously granted leave.

Important! The employer has the right to refuse to grant an employee leave with subsequent dismissal - this is only a subject of agreement between the parties. Since the labor code does not oblige the employer to unconditionally satisfy this request of the employee.

Duration of vacation

It is believed that for one month of work an employee is entitled to 2.33 days of rest. In this case, a period up to 15 days is discarded, and time beyond is considered as a full month.

If an employee is about to quit, the HR department in any case counts the number of days due to him during his work. However, it can be less or more than 28 days, depending on the value obtained.

In addition, there are citizens whose vacation duration is longer than standard. These include:

Minors (31 days).
Disabled employees (30 days).
Teaching staff working in children's institutions (42 days), etc.

The calculation is made based on the increased rate.

Can leave be revoked or cancelled?

Vacation followed by dismissal at will can be provided upon the employee’s written request, and he must fill out two forms for vacation and dismissal. It is allowed to combine these documents into one.

In this case, the date of termination of the contract is the final day of vacation, and the working day is the day preceding it.

The legislation reserves the right of the resigning person to withdraw his application for leave and dismissal, but before the start of this period. After this, he will not have such an opportunity, since the employee receives all payment documents and documents due for issue before the vacation.

The employer also does not have the right to call this employee back from such leave, since the final day of dismissal has been determined and it is not possible to reschedule it. And if the vacation is interrupted, the administration must provide the remaining days of vacation at any period convenient for the employee. You need to wait until it is completed and sign it with the employee again.

Illness while on vacation

Sometimes, the situation turns out in such a way that during vacation with dismissal former employee opens sick leave. According to general rules, days of illness falling during its period lead to its extension.

However, this rule does not apply to the period of rest followed by dismissal. This is again due to the fact that the employee was dismissed on a future date, and this entry can no longer be changed.

Important! Despite the fact that the employee has already been fired, the employer nevertheless needs to pay for the employee’s sick days during general procedure when this person provides a certificate of incapacity for work.

Vacation followed by dismissal: how to arrange it correctly

Let's look at how this process occurs.

Writing an application

For documentation leave with further dismissal at his own request, the employee must fill out an application. It doesn't have standard view, but usually the HR service provides a template into which the employee enters his data.

Usually, for such a dismissal, it is enough to write one. It must contain both requests to provide leave and to terminate the contract at will. However, some companies require two separate applications to be drawn up - one for provision, the second for.

The second option is the most convenient, since providing such leave is the right of the company’s management, and not an obligation. Therefore, the manager can put a refusal on the vacation application and sign for dismissal.

The document with the director's visa is sent to the personnel department for processing orders.

Registration of orders

The legislation does not provide for one form of order for leave with further dismissal. In this regard, the HR employee needs to complete two documents at once:

(or T-6a in case of group vacation);
(or T-8a in case of group dismissal).

However, the law does not prohibit a company from developing and using its own uniform form of order with further dismissal.

The order for granting leave includes the number of days as indicated in the application. Here you need to remember that an employee can claim the full duration of vacation, even if he has not worked for a whole year. However, when calculating vacation pay, only days actually earned are paid. The details of the application (general or only for vacation) are indicated as the basis.

The execution of a dismissal order also has its own characteristics. The date of execution of the order usually indicates the final day of work before the start of rest. But the date of termination of the contract is the last day of rest. The details of a general application or only for dismissal are entered into the basis.

Each of the created orders is signed by the leaving employee as confirmation of familiarization with them. After this, the personnel officer must register these documents in the order log.

Accrual and disbursement of funds

On at this stage The accountant needs to calculate two types of payments at once - vacation pay and calculation upon dismissal. If the enterprise has developed and fixed in local acts a single form for leave with subsequent dismissal - it is filled out.

Otherwise, you will have to prepare documents according to forms and.

Each of these documents consists of two sides. The front form is filled out by the personnel officer and contains the necessary information. The negotiable form is filled out by the accountant by calculating the amounts due.

It must be remembered that vacation pay is accrued only for those days for which compensation would be accrued upon dismissal. If an employee took a vacation in advance, but did not have time to work it later, the payment for the extra days will need to be withheld from his salary.

If an employee does not take all the days due to him as vacation (for example, he is entitled to 28 days of rest, but he takes only 14), then the remaining days must be accrued. If all required days are covered by vacation, then no money will be paid upon dismissal.

An important point is the timing of payment of amounts. According to established legislation, payment of vacation pay must be made three days before the time of the expected vacation. At the same time, the second part of the amount - the final payment upon dismissal - is transferred on the last working day (the last day before rest time).

Withdrawal can be made either in cash from the cash register or by transfer to bank card, personal account.

Issuance of a work book

The personnel employee records in the work book a record of termination of the contract with the employee at his request. Its date must coincide with the date of the order and at the same time be the last day of paid leave.

The basis for termination of the contract is the agreement of the parties. The fact that leave with further dismissal was granted is not reflected in the work book.

Attention! The work book is handed over to the employee on the last working day (the last day before vacation). At the same time, the employee must sign in the work record book about its receipt.

It will also be necessary to make a corresponding entry in the employee about his leave and dismissal from the company.

The provisions of the regulations establish the possibility for an employee to be given a vacation period by the company administration before terminating his employment contract if he has previously unused days. The employee can use this time in whole or in part. Therefore, the management of the enterprise must know how to properly arrange leave with subsequent dismissal.

The right to leave is established government agencies with the help of regulations. If an employee is employed under an employment agreement in a company, then a certain number of vacation days are due for the period worked.

At the same time, for the first time, an employee has the opportunity to take annual paid leave in accordance with the law after six months of work.

In the future, the employee receives the right to use his days of rest only in accordance with that approved by the enterprise. This plan must be followed by both the employee and the company administration.

If an employee decides to terminate the employment contract, then he will be able to receive leave followed by dismissal at his own request only under two factors:

If the company management agrees to this.
If at the time of dismissal the employee did not take his allotted vacation. This is determined by a HR specialist according to the rule: for each month of work, an employee is entitled to 2.33 days of vacation. It is also necessary to take into account the rest periods previously provided to him.

If the administration refuses to provide leave, the resigning employee is entitled only to receive monetary compensation. That is, an employee can submit documents to receive annual paid leave when leaving, but management has the right to disagree.

Attention! Therefore, the provision of rest with further dismissal can be carried out only when it occurs, in agreement with the employer, or on the basis of an agreement concluded between the parties.

In the first case, it is recommended to draw up a written agreement between the employee and management to avoid problems in the future. If the initiative to terminate comes from management, such a period cannot be granted.

By regulations labor law or, by virtue of the concluded employment contract, the employee may be granted additional leave. It is subject to the current rules regarding the main period.

The employee will be able to use the leave with the consent of management even if it expires when its use for the period exceeds the term of the contract.

Features of leave followed by dismissal in 2019

Do I need to work 2 weeks in this case? No. With the consent of the administration, the employee can leave earlier, registering all this time as vacation. Moreover, throughout this period he will be on the staff of the enterprise, and the time will be included in the length of service.

An employee can submit one general application for leave followed by dismissal, or two documents for each case. Therefore, it is necessary to draw up two orders according to unified forms, or, if it is drawn up in free form, one on letterhead. This leave will allow the resigning employee to search for new job, and the company will hire a new employee in his place.

Another feature of such dismissal is that the employee loses the right to cancel the application during the vacation. This is due to the fact that all documents for termination labor activity are issued before the start of the holiday period itself, the final date is determined and cannot be changed. This employee can only be issued if the application for admission is re-written.

Attention! When on vacation followed by dismissal, a termination order labor relations is drawn up in advance, before the start of the period, and the date of dismissal is considered to be the final day of rest. In this regard, all payments to the resigning employee must be made before the start of the vacation.

What if an employee gets sick on vacation?

An employee of an enterprise who has a rest period with further dismissal may experience a period of incapacity during this period.

Legislation under normal conditions determines that sick days not only must be paid, but also extend the period of rest provided. However, when taking a vacation with further termination of the contract, different rules apply.

Sick leave provided by the resigning employee is also fully paid. But time off work does not increase the number of vacation days.

Because the administration has at its disposal the expiration date of the contract, the necessary forms have been completed, and the money has been paid. That is, the entire termination procedure has been completed and cannot be cancelled.

Is it possible to withdraw a resignation letter?

The reason for the employee to first be given leave and then to be dismissed is the application he has drawn up. In practice, an employee is sometimes asked to write two separate applications - one for leave, the second for dismissal. But it is also possible to combine both requests into one form.

Since the employee draws up a resignation letter at his own request, the law allows for the possibility of its withdrawal. However, if leave of absence is requested, there is one caveat associated with the recall.

The actual date of termination of the relationship between the company and the employee in case of such dismissal will be considered the final day of vacation, and the last day at work will be the day before the vacation is granted.

If an employee has requested leave with further dismissal, then he can change his mind about terminating the contract only until he goes on vacation. This is due to the fact that on his final day of work, the employee receives both settlement money and all required documents.

Attention! Also, writing two statements at once is more convenient if the director refuses to grant leave and decides to simply fire the employee. In the case of a single document, it will need to be rewritten, leaving only the request for dismissal.

Step 2. Drawing up a dismissal order

For this type of order, you can use the standard T-8 form, or issue an order on company letterhead.

In the column intended to reflect information about the reason for dismissal, the following must be entered: “At the initiative of the employee, paragraph 3 of part 1 of Article 77 of the Labor Code Russian Federation" In the line of the basis for drawing up the order, you must indicate the details of the application completed by the employee.

Important! The main feature of granting leave with subsequent dismissal is the difference between the date of drawing up the order and the date of termination of the contract. In this situation, the date of drawing up the order will be the last day at work before the vacation, but the date of dismissal will need to indicate the last day of vacation.

Step 3. Drawing up an order for granting leave

To order a vacation, you can use a standard form in the T-6 form, or draw up this order on company letterhead.

Filling out an order is no different from the standard case of registering a vacation. The form will need to indicate the period and duration of the vacation, the start and end date. If primary and additional leave are granted simultaneously in the form of leave, then information about them is reflected immediately in one document in sections A and B.

Important! The organization has the right to create its own order form, which will combine orders for leave with further dismissal.

Step 4. Familiarization with orders

Both orders must be signed by the manager, after which they are handed over to the employee for review. If you need to read the contents of the documents and put a date and signature in each one in a specially designated column.

If for any reason an employee refuses to sign one or all documents, it is necessary to assemble an independent commission that will create a report on this.

Step 5. Orders are recorded in the ledger

The organization must keep a journal in which the responsible employee records each issued order.

When registering, you must indicate the number and date of execution of the order, you must also indicate summary orders and persons responsible for its execution.

Step 6. Indicating information in your personal card

A personal card in the T-2 form is created for each employee when he joins the company for work, and is maintained for the entire period until his dismissal. If the employee is given a period of rest with further dismissal, then two entries will have to be made in the personal card at once.

IN Section VIII "Vacation" you need to record information about the provision of a rest period. Here you need to indicate the name of the vacation time, its duration, and the number of days on vacation.

Next you need to enter information into section "Grounds for termination" employment contract» . Here you need to write down the reason for which the dismissal occurs, the date, information about the order issued. All information entered on the card is checked by the personnel officer for errors, after which it is signed.

Attention! The information about the dismissal must be familiarized to the employee, who must sign as proof of this. There is no need to familiarize yourself with the information about granting leave.

Step 7. Entering vacation data into your personal account

A personal account is a special form that must be opened for each employee annually at the beginning of the new year. It is not mandatory for everyone, and therefore small companies usually do not use it, but use this form for companies with a significant number of employees. Small firms, instead of this form, prefer to use a personal T-2 card, and additionally T-49 and T-51 statements.

A personal account has two forms:

Form T-54 - intended for registration by hand. It must contain information about what amounts were accrued and withheld each month. This is done on the basis of data from other primary documents.
Form T-54a - it is used when processing data using a computer.

Step 8. Entering information into the time sheet

In order to record the presence or absence of an employee at workplace, accounting sheets in forms T-12 and T-13 are used.

It must be remembered that until the day of dismissal, which is the final day of vacation, the employee is still considered to be registered with the company.

The rest period is noted as just a vacation:

If main vacation days are provided, the codes “OT” or 09 are entered;
If days are provided additional leave- codes “OD” or 10 are indicated.

Attention! The marking of vacation days is carried out according to all the rules - if a holiday falls during a vacation, then it is not included in the definition of vacation days, and on these days the code “B” or 26 is entered.

Step 9. Making an entry in the work book

The inclusion of any entry in the labor record is determined by a resolution of the Ministry of Labor.

During the course of work, a moment may arise when an employee has a desire to change jobs. In such a situation, he must resign from his position. There is nothing illegal in such a desire; on the contrary, labor legislation directly provides for the possibility of dismissal when the initiative comes from the employee himself. And if he has unpaid vacation time left, he can take a vacation with subsequent dismissal. This option has some differences from dismissal without taking leave. When preparing documents for dismissal after a vacation, employers think about how to properly process vacation followed by dismissal. This option of severing legal relations is beneficial for the person resigning: dismissal with going on vacation allows you to avoid two weeks of work, which the employer has the right to demand, there is time to look for a new job or rest in order to gain strength and start new ones labor responsibilities with another employer.

Vacation followed by dismissal in 2017 is regulated by the general norms of labor legislation, therefore any violations regarding the rights of the employee are not acceptable on the part of the employer. He must clearly know how to apply for leave followed by dismissal, what is the procedure for carrying out the necessary measures, what documents need to be used to certify the procedure, etc. An employee should think about how to go on leave followed by dismissal and monitor the actions of the employer in order to avoid violation of his interests. Important points For him, on the issue of dismissal after a vacation, the following are the following: calculation and procedure for payment of the required amount, how to calculate the dates when going on vacation with subsequent dismissal, and how to fill out the application correctly?

Registration of leave with subsequent dismissal

Dismissal through vacation has certain legislative nuances. According to the requirements of the Labor Code of the Russian Federation, leave followed by dismissal is issued in accordance with the application procedure. For this purpose, a statement is submitted to the manager. The possibility of vacation followed by dismissal is established by article of the Labor Code of the Russian Federation under number 127 (clause 2). According to the rules, in the question “how many days in advance to write an application for leave with subsequent dismissal”, a general period of two weeks applies.

When on vacation followed by dismissal, Labor Code The Russian Federation gives the resigning employee more privileges, for example, not being guided by the vacation schedule and terminating the contract at the desired time. Desire to stop working this enterprise It’s worth discussing with your immediate superiors. The stages of the dismissal procedure in this manner include:

writing and submitting a statement to the manager;
review by the supervisor;
preparation of an order;
calculation of the amount of the due payment;
displaying an entry in the work book;
transfer of all working documents relating to the employee, especially the work book to the employee himself.

According to the rules, preparation for dismissal begins with writing a statement. Therefore, when going on vacation with subsequent dismissal, it is important to figure out how to correctly write such an initiating document.

Sample application for leave followed by dismissal

An application for dismissal and leave can be submitted in the form of one document. In some situations, it is possible to submit one application for both actions at once. But it is more advisable to draw up two documents: one for vacation, the second for dismissal. This will allow HR and accounting specialists to correctly carry out their calculations.

An application for dismissal with subsequent dismissal does not have approved form, therefore it is compiled in simple written form. When applying for leave followed by dismissal, a sample application is provided by the HR department. You are allowed to find a suitable option on the Internet. When planning a vacation followed by dismissal, a sample application is drawn up taking into account general norms labor laws and regulations business letter. When going on leave followed by dismissal, the application includes the following information:

in the right corner is written the name of the enterprise, information about the employer, the resigning employee, indicating the position (without a dot at the end);
below, in the middle, the name of the document is written (in small letters);
The text of the request itself begins on a new line (indicates the start date of the vacation, the number of days, the termination date and the fact of further termination of the contract);
At the end, the date of execution of the document and the personal signature of the employee are written down.

After an application for voluntary resignation with leave is written, it is submitted to the personnel department or office for registration.
The document is endorsed by the immediate supervisor.

How to determine the date of dismissal

The date of dismissal during vacation followed by dismissal will be considered the last day of vacation. But work duties will be performed for the last time on the day before leaving for rest. In other words, after the termination of the vacation itself, the day of dismissal (a separate period, an additional day) is not a separate period: immediately after the vacation, all employment relationships will be terminated.

An accountant should understand how vacation and subsequent dismissal are calculated correctly. There are a lot of examples of calculating vacation with subsequent dismissal, for example, on the Internet. According to the rules, you are entitled to two weeks of vacation at least once during the year, so if you need to take a vacation and then quit, there is a two-week “remainder” left. Calculating the vacation period and determining the date of termination of the relationship in this case is quite simple. For example, 14 days of vacation are prescribed, starting on May 17 and lasting until May 30 inclusive. Dismissal will occur on May 30, and the last working day will be May 13.

When going on vacation followed by dismissal, the following dismissal dates are taken into account:

acceptance of the resignation letter itself;
document registration;
preparation of orders;
issuance of due payments;
end of a working relationship.

Sample date of dismissal during vacation followed by dismissal: the period from August 9 to August 22 is registered (two vacation weeks). The date of contract termination (dismissal) will be considered August 22 - the last day of vacation.

An example of calculating vacation with subsequent dismissal:

It is planned to terminate the working relationship as of May 10, 2014. The period for calculating payments begins from the beginning of the calendar year. His monthly salary is 21,000 rubles plus a bonus of 15% of earnings. The standard vacation time is 28 calendar days. The amount of due payments will be:

billing period 4 months, excluding the month of May;
the amount of earnings for the year is 289,800 rubles based on the formula 12 * 21,000 * 1.15;
the average daily earnings will be 824.2 rubles (formula: 289,000:12:29.3);
vacation days will be 9.3, where 4:12*28;
the total amount of vacation pay is 7,592.5 (according to the formula 824.2 * 9.3).

All monetary calculations are carried out by the accounting department, and calculations regarding dates are carried out by the department for personnel work. Therefore, these services should carefully approach the issue under consideration to avoid infringing on the rights of the resigning employee.

Filling out a work book

Labor leave with the possibility of subsequent dismissal requires making an entry about this in the work book. When taking leave with subsequent dismissal, an entry into the employment record is made by a specialist from the HR department. Of course, the question arises of how to properly register an entry in the employment record during a vacation followed by dismissal.

When filling out papers for leave followed by dismissal, an entry in the work book is written on the basis of these documents, namely, an order. It is indicated exactly as in the order. Discrepancies in data may result in invalidation of the procedure. This is fraught with problems for the employer from labor inspection.

The next pressing issue for the personnel officer is when to hand over the work book itself if you plan to go on vacation with subsequent dismissal. Despite the fact that formally the dismissal will be on the last day of vacation, the issuance of a work book during the vacation in question followed by dismissal is carried out on the actual last day of performance of work duties, followed by rest.

Order of dismissal

The manager, in case of possible departure of his employees, must know how to prepare internal documentation. The main document in this case are orders:

on vacation;
for dismissal.

A sample of how to fill out an order for the provision of leave with subsequent dismissal contains basic information about the person leaving, his planned vacation period and the date of termination of the contract. The employer's HR department handles the paperwork.

Is it possible to withdraw an application for leave with subsequent dismissal?

The person resigning has the right to withdraw the written application under the following conditions:

he himself is its initiator;
the new employee has not yet been invited (in writing);
the rest period did not occur.

While already on vacation, you will not be able to change your mind and withdraw your application. In some situations, such behavior can be regarded as an abuse of existing rights. Termination of relations with an employer in this manner requires compliance with the law from all participants in the procedure. Attentive approach to the process, necessary documents, careful calculation of dates and amounts cash payments will allow everything to be carried out in strict accordance with the law, which will avoid complaints and claims from both the former employee and the regulatory authorities.

Going on vacation followed by voluntary dismissal is an employee’s right enshrined in the Labor Code. To ensure that the labor inspectorate does not have any complaints, the personnel officer and accountant must follow the procedure in strict accordance with the requirements of the law.

Many people prefer to take the opportunity to rest before looking for a new job instead of financial compensation for unused vacation days. However, leave followed by dismissal has a number of features. Let's understand these features, describe how to provide leave with subsequent dismissal, and how to properly draw up the documents. We will answer popular questions on this topic.

About leave with dismissal

He talks about the possibility of taking a vacation with subsequent dismissal at his own request. Upon written request from the employee, unused vacations may be granted to him with subsequent dismissal.

The first important clause of the legal norm: the provision of rest is excluded if the employee is fired for guilty actions. Only a conscientious and disciplined employee can take the required days before terminating an employment contract. The list of guilty actions for which it is impossible to use vacation days instead of compensation is in Article 81 of the Labor Code of the Russian Federation.

The second important caveat: when characterizing an employee’s right to leave with subsequent dismissal, Article 127 of the Labor Code of the Russian Federation uses the wording “vacations can be granted,” which means that the employer is not at all obliged to provide the employee with rest before terminating the contract. The head of the organization retains the right to refuse even a conscientious employee and pay compensation for unused days in return. Or provide only part of the allotted period for rest, and compensate the rest of the time financially. Explanations on this matter were given by Rostrud in Letter dated December 24, 2007 No. 5277 6-1.

It turns out that an employee can take advantage of the chance to rest before looking for a new job only by mutual agreement with management.

Two ways to go on vacation before quitting

The first option: the employee goes on vacation according to a pre-approved schedule, having written a statement of his own free will before or while already on vacation. At the same time, he can take time off both on pre-planned days according to the schedule, and on those days that he did not have time to use previously.

Second option: the employee writes an application for leave at the same time as an application for resignation of his own free will. In this case, you may not adhere to the established schedule.

The date of termination of the employment contract under Article 127 of the Labor Code of the Russian Federation is in any case considered the last day of rest.

But management can hire a new employee to replace a resigning employee immediately, without waiting for the end of the vacation.

Application and order for leave with subsequent dismissal, registration procedure

The employee usually makes 2 statements:

on vacation followed by dismissal;
for dismissal with reasons.

And the management issues 2 orders:

on granting leave (based on the employee’s first application);
on termination of the employment contract (based on the second application).

It is also possible to draw up one application from an employee: you can write an application for leave with subsequent dismissal at your own request - this does not contradict the norms Labor Code of the Russian Federation.

But when using unified form documents, the employer still issues two orders, because the form of a single order has not been officially established. Forms of orders that can be used are documents of form T-6 (T-6a) and T-8 (T-8a), recorded in Resolution of the State Statistics Committee dated January 5, 2004 No. 1. The original is attached to one of them as a basis, and for the second - a copy of the employee’s application. Order forms must be approved by the company's management as accounting documents.

The second option for management is not to use standardized forms, but to develop the order form yourself. Then you can execute both actions with one order. The main thing is that it contains the required details of the primary accounting document.

Application for leave followed by dismissal, sample 2020

The employee is given a work book on the last day before the vacation, despite the fact that he will be fired on the last day of his vacation.

Example: Dudnikova I.N. takes 28 days of rest from April 17, 2018 and quits. She receives her work book and paycheck on April 16—the last working day before leaving. She will be officially fired on May 16, 2018, the last day of rest. Please note that two more days are added to the main days for non-working days holidays- May 1 and 9. Holidays are extended due to holidays. This period is counted in the work experience of I.N. Dudnikova, which is reflected in the order and work book.

Order for leave followed by dismissal, sample 2020

A sample of a self-developed order form based on the example application given above. An order drawn up in this form is issued once.

Popular questions

Workers who plan to take a break before resigning are often concerned about issues related to registration and payment. We will answer the most popular of them.

Can I be fired while on vacation?

Art. 81 of the Labor Code of the Russian Federation states that termination of an employment contract at the initiative of the employer during rest is not allowed. Except in cases of liquidation of the company or termination of the activities of an individual entrepreneur.

Is it possible to resign during vacation at your own request?

You can resign on your own initiative during the rest period. The main thing is to comply with the deadline for filing an application for termination of the employment contract (2 weeks). Moreover, by agreement with the authorities, the two-week deadline can be circumvented.

Is it possible to go on vacation followed by dismissal without work?

Often, employees believe that they cannot quit at this time, since they are required to work for two weeks before leaving, so they often ask the question: how to go on vacation with subsequent dismissal without working off. However, the Labor Code does not contain the concept of “working 2 weeks before dismissal.” Part 1 art. 80 of the Labor Code of the Russian Federation states: “notify the employer in writing at least 2 weeks in advance.” It is quite possible to warn your superiors about your intention to quit while you are on vacation. You are not required to be present at the workplace for the next 2 weeks.

When will the money be paid?

The employer is obliged to pay wages and vacation pay, as well as issue a work book and other documents to the employee before terminating the employment contract. On the dates of payment of vacation pay and wages There is some discrepancy in the final calculation. You will be paid the money three days before going on vacation (Article 136 of the Labor Code of the Russian Federation). And the salary and documents must be issued on the last day before leaving. These payments are not included in the salary. This results in a slight spread in the days of payment of vacation pay and wages, which is inconvenient for both employees and employers. But these are the rules of calculation established labor legislation(Article 136, Article 140 of the Labor Code of the Russian Federation). If you deviate from them, the employer faces a fine.

Is salary retained for days not worked?

The employee is given 28 calendar days of rest according to general rule regardless of whether he managed to work the required year. But only those days that would be subject to compensation upon termination of the contract are paid. Therefore, yes, if an employee received full annual paid leave, but did not have time to work the allotted time for its provision, upon dismissal, the corresponding amount will be withheld from his salary. These are the explanations of Rostrud in Letter No. 5277-6-1 dated December 24, 2007. True, they can withhold no more than 20% of the amount ( Art. 138 Labor Code of the Russian Federation). And in some cases, retention is generally prohibited (more about this in Art. 137 Labor Code of the Russian Federation). Providing an incomplete rest period (as many days as the employee managed to work in a working year) is not provided for by the Labor Code of the Russian Federation, although it is possible by agreement of the parties.

To make it clearer, let's give an example.

Dudnikova I.N. I wrote a letter of resignation for 28 calendar days. And in the last working year, she worked only 10 months and 12 days (since 12 days are less than half a month, the period is rounded down. If the employee had worked 10 months and 16 days, they would have been counted as 11 months). For 10 months worked, Dudnikova I.N. Allowed rest: 28 days / 12 days × 10 months. = 23.3 days. Cash at the final settlement she was entitled to only 23.3 days, but was paid for all 28 days.

It turns out that the employee did not have time to work 28 - 23.3 = 4.7 days in the working year, but received payment for them. If vacation pay received for 28 days amounted to 10,000 rubles, then the following amount must be withheld from Dudnikova’s salary: 10,000 rubles. / 28 days × 4.7 days = 1678.57 rubles.

Who can go on vacation followed by voluntary dismissal?

An employee can be given a vacation followed by leaving the company for any reason. The only exception is if the release from work is associated with the guilty actions of the employee himself (Part 2, Article 127 of the Labor Code of the Russian Federation).

For example, if an employee leaves the company for absenteeism, showing up at work while intoxicated, loss of trust, etc.

In this case, you need to part with him within a strictly defined time frame - no later than one month from the day the offense was discovered, and six months from the day the employee committed it (Parts 3, 4 of Article 193 of the Labor Code).

Attention! You can refuse to provide an employee with such days of rest. After all, this is the employer’s right, not his responsibility. Rostrud adheres to the same position (letters dated December 24, 2007 N 5277-6-1 and dated April 30, 2008 N 1025-6).

2 exceptions when the employer is required to prepare documents

Exception #1. If the employee's vacation is scheduled.

Exception #2. When an employee can use rest days at any time convenient for him. According to the new rule, such workers include parents with many children, children under the age of 12, minors and other categories of workers. Find out in the Personnel System, who else has the right to leave at any time.

If the company does not want to provide all or part of the days off, the employer must pay compensation in accordance with the general procedure (Article 127 of the Labor Code of the Russian Federation).

Keep in mind that if an employee leaves the company of his own free will, he can express his request for leave and dismissal in one statement. Moreover, such a right arises not only on this basis for dismissal, but also in other cases listed in Article 77 of the Labor Code of the Russian Federation. For example, in the event of expiration of an employment contract, liquidation or reduction of headcount or staff, etc.

Step 3. Issue an order for vacation and dismissal. For your convenience, you can issue several orders - one for vacation, and the second for dismissal. In practice, they also use another method: they draw up a single order. Both options are suitable, since they do not contradict the law. It is better to prepare both orders in form No. T-6 and No. T-8, since the documents have different storage periods.

Regardless of what form of order you use, the main thing is to correctly indicate the date of dismissal - the employee’s last day of rest (Part 2 of Article 127 of the Labor Code of the Russian Federation).

If a contract is terminated due to expiration, the leave may extend beyond the term of the contract. But in this case, the day of dismissal will also be considered the last day of rest (Part 3 of Article 127 of the Labor Code of the Russian Federation).

Prepare an order using a unified or independently developed form within the organization. If the company has approved its own form, then indicate in the order:

personal data, employee position;
type of leave - annual;
working year for which rest is granted;
start and end dates and vacation period;
grounds for dismissal provided by law.

Sign the order and familiarize the employee with the order against signature (Part 2 of Article 84.1 of the Labor Code of the Russian Federation).

Step 4. Calculate compensation for unused vacation days. At his discretion, the employee can take part of the days in kind and ask for monetary compensation for the remaining days.

Financial compensation

To compensate for part of an employee’s days, ask him to write a free-form application. It indicates the number of days of rest that need to be compensated, the date and signature of the employee. Based on this application, issue an order for payment of compensation in any form.

Keep in mind that you have the right to refuse such a request from an employee. Replacement monetary compensation is a right and not an obligation of the employer (letter of the Ministry of Labor of Russia dated April 25, 2002 No. 966-10).

Vacation pay calculation

Pay the employee generally in the general manner. Don’t forget about the deadline - vacation pay must be paid three days before the start (Part 9 of Article 136 of the Labor Code of the Russian Federation).

how to calculate employee vacation pay.

Step 5. Notify the accounting department about the employee's vacation and dismissal. Submit a copy of the order to the accounting department in order to calculate and pay vacation pay to the employee on time. Remind the accountant to prepare a calculation note and personal income tax certificates for the employee.

Step 6. Fill out the employee’s personal card and enter information in the work book. Make the necessary entries in Section VIII and XI of your T-2 personal card. When an employee leaves the company, ask him to sign in the appropriate boxes.

Step 7. Calculate the employee and issue Required documents. On the last day before the start of the rest, give the employee a work book and all the necessary documents upon dismissal (Part 4, Article 84.1 of the Labor Code of the Russian Federation). On the same day, you need to pay the employee: pay him his salary and all compensation due to him (Determination of the Constitutional Court of the Russian Federation dated January 25, 2007 N 131-О-О).

★ The HR System expert will tell you how to pay the employee the final payment, issue a work book and certificates on the day of dismissal.

Vacation followed by dismissal: how to correctly issue a work book

Make a note of dismissal in your work book on the day preceding the first day of vacation. This day is the last day of work for the employee, and not the day of dismissal (parts 3, 4 of article 84.1, part 2 of article 127 of the Labor Code of the Russian Federation).

There is no need to reflect information about your vacation - the main thing is to correctly indicate the date of dismissal. It will always coincide with the last day of vacation (Part 2 of Article 127 of the Labor Code of the Russian Federation).

Enter in your work book:

Serial number of the entry (column 1).
Date and reason for dismissal (column 2, 3).
Number of the order to terminate the contract (column 4).

If the employee is absent on the last day of work or refuses to receive work, then prepare a notice of the need to appear for work book or agree to have it sent by mail. This will allow you to avoid liability for the delay of the book (Part 6 of Article 84.1 of the Labor Code of the Russian Federation).

Incorrect registration and provision of leave with subsequent dismissal: fines

If an employer formalizes a dismissal after a vacation followed by dismissal, he faces:

administrative liability for incorrect execution of documents (parts 1, 2 of article 5.27 of the Code of Administrative Offenses of the Russian Federation);
financial liability - if vacation pay or payment was made on the last day of vacation (Article 236 of the Labor Code of the Russian Federation).

If an employee brings an application for leave with dismissal to the HR department, then you have the right to refuse such a request. If the employer does not mind, then issue one or two orders: the law does not prohibit this. At the same time, pay close attention to the timing of payment of compensation: pay everything necessary papers and payment on the last day before the start of the holiday.

home » Investments » Registration of leave with subsequent dismissal