Application for leave followed by dismissal of the teacher. How to write an application

When dismissing an employee, the law provides two week period submitting an application. Execution job responsibilities during this period it comes down to a formal transfer of affairs.

However, this situation hinders the search new job, paperwork in a new place, leads to an unhealthy psychological climate in the team: idle curiosity, ambiguous hints, negative assessments. To avoid this, upon dismissal, you can use the employee’s right to paid leave.

Relax before leaving

Vacation followed by dismissal is possible if the employee terminates the employment relationship on his own initiative or by agreement with the employer. If the dismissal of an employee occurred on grounds caused by his guilty actions provided for by law, taking leave is not allowed.

It should be remembered that the legislation leaves it at the discretion of the employer to satisfy the employee’s right to leave upon dismissal.

The employee must register his/her wish for vacation in in writing. Upon written application, he may be granted both extraordinary leave and all earlier unused vacations. The basis for dismissal may be the employee’s own initiative, transfer to another employer, or mutual consent of the parties.

If an employee is dismissed due to mutual consent, then the entire procedure is governed by agreement. In this case, the application for leave is written separately. In all other cases, the provision of leave can be combined with the dismissal procedure.

Registration of leave with subsequent dismissal

The employee submits two applications: for dismissal indicating the date and reason for the termination of the employment relationship and for granting extraordinary leave indicating the date and time frame in calendar days. This leave will be considered leave followed by dismissal.

Moreover, in this case, the employee is not obliged to adhere to the vacation schedule, and the number of vacation days may not correspond to the next annual vacation.

IN in this case the amount of vacation may be equal to all previously unused vacations.

In the event of an application for termination of the employment relationship, an agreement on such termination is drawn up and only after that the employee submits an application for leave. If an employee is dismissed for other reasons, then instead of an agreement, the employee is given notice (for example, a change of ownership, layoff). After the employee agrees to his dismissal by signing the notice, he draws up a leave application.

As for the further stages of the procedure, they are absolutely identical, regardless of the basis on which the employee is dismissed.

Stages of the procedure for dismissing an employee followed by leave:

Receiving a corresponding application from the employee.
After the application is signed, the employee is notified in writing against signature of the start time of the vacation.
An appropriate order is issued.
The document is registered in the journal.
The employee is introduced to the document upon signature.
A settlement note is drawn up.
The employer signs an order to dismiss the employee.
The order is registered in the document registration journal.
The employee gets acquainted with the dismissal document against signature.
A settlement note is drawn up, on the basis of which the settlement with the employee is carried out.
Carrying out settlements with the employee.
IN work book and at the same time a corresponding entry is made in the registration card.
Issuing a work book to a dismissed employee.
Issuance of income certificates.

Statements

The application for leave is submitted simultaneously with the application for dismissal and is drawn up in any form. The vacation application must indicate dates and deadlines, as well as the number of calendar days.

But it is best to submit one application like this:

The application must indicate the grounds for termination of the employment relationship, as well as the date of dismissal. The document is signed by the employee himself and must be dated. After this, it is transferred to the HR employee.

Carefully ensure that they are registered in the inbox journal with a date stamp.

This may be necessary if the decision to satisfy the employee’s requirements will take a long time.

If a two-week period has passed since the registration of applications, then the employee’s requirements should be satisfied automatically. Provided that in relation to of this employee The dismissal procedure has no longer been launched for circumstances related to theft, neglect of the owner’s property or other culpable grounds.

The application is subject to a resolution from the immediate supervisor of the employee’s structural unit and the head of the organization. As a rule, the resolution of the head of the department is affixed before the registration of applications, after which they are submitted to the head. If the resolution is positive, the processing of orders begins. If the resolution is negative, the employee retains the right to receive compensation for previously unused vacations.

How to determine dates correctly?

It is generally accepted and enshrined in law that the date of dismissal of an employee falls on the last day of vacation, and the date of actual termination by the employee of duties is the previous day before the first day of vacation.

When calculating vacation dates, it is important to pay attention not only to time, terms and dates, but also regulated by law, but also on the date of preparation of documents, their acceptance and registration in the relevant registration journals, and also take into account deadlines that fall on holidays and weekends.

All this can help both in pre-trial settlement of disputes and during the trial. Such cases very often occur when the parties disagree on the amount and timing of payment.

Record the deadlines for accepting your applications and the date of making relevant entries in the journal. If a decision on an employee’s application has not been made for a long time, then after the expiration of a two-week period, all the requirements set out in it are considered subject to satisfaction. This situation usually occurs when an application is submitted during long holidays ( New Year, combined May holidays), and the manager takes early pre-holiday leave. In this case, the employer refers to the date the application was made in the journal.

The dates of the documents on the basis of which the employment relationship is terminated are of great importance. If an employee is dismissed on the basis of a notice, the date of the notice must be earlier than the date of the application for dismissal. Otherwise, the employee is considered to be on vacation and is not subject to dismissal, since the deadlines provided for by law cannot be met. The situation is similar when agreeing to terminate an employment relationship.

Thus, when dismissing, you must pay attention to the following dates:

accepting applications for leave and dismissal by personnel employees;
registration of applications for leave and dismissal in the registration journal;
employee leave order;
an order to dismiss an employee;
date of receipt of vacation pay;
date of final payment upon dismissal;
the date of termination of the employment relationship entered in the employee’s work book.

In this case, the date of registration of orders does not play a big role, since it relates to internal documents of the enterprise and is necessary only for the accounting and document management system. But the very fact of registering these documents is very important.

If the relationship is terminated on the employee’s own initiative, the leave order is issued simultaneously with the dismissal order. The date must be earlier than the deadline for payment of vacation pay, since it is the basis for such payments. That is, the order must be issued no later than three working days before the vacation. The dismissal order can be issued later than this period, but the employee must be familiar with its text against signature. That is, before you actually go on vacation.

The timing of payment of vacation pay and final settlement with the employee is regulated by law. Vacation pay must be paid no later than three working days before the start of the vacation. The final payment is made on the last actual working day.

Orders

If the employee’s right to leave with subsequent dismissal is satisfied, two documents are issued as required by law: an order for the employee’s leave and an order for dismissal. It will not be possible to combine them due to the developed standard forms and samples. However, the law does not prohibit the execution of these documents on the same date.

The date of execution of these two documents must not be later than the start date of the employee’s vacation to be dismissed.

An order to grant an employee leave must comply with Form T-6 or T-6a. It indicates the type of leave (regular, annual without pay), terms, date, number in calendar days, since the employee can receive compensation for part of the leave

The dismissal order must be executed in form T-8 and T-8a. The document must correctly indicate the basis for dismissal - at the initiative of the employee, since the law stipulates that a dismissed employee can terminate the contract before the expiration of the dismissal period. The date must be indicated and a note is made regarding the timing of such a date.

The orders must reflect all the details of the documents: number, date, signature of the manager. All orders must be registered in the document log.

But it will not be a violation to issue one order that reflects both procedures. An example of such an order:

Filling out a work book

When an employee is dismissed, all entries made in it are certified by the signature of a representative of the organization, as a rule, this personnel worker, certified by the seal of the organization and signed by the dismissed employee. The last entry on the termination of the employment relationship is made, indicating the basis, the date is affixed - the last day of vacation, the signature of the authorized person, the seal of the organization, as well as the signature of the employee himself is affixed.

At the same time, a corresponding entry is made in the employee’s registration card.

When should I give my work book? You can issue a work book on the last day of vacation or before vacation. In this case, if the employee withdraws his resignation letter within two weeks of subsequent vacation, the employee’s dismissal entry entered into the work book is considered invalid. The corresponding note is entered in the work book

Money issue

When an employee is granted leave with subsequent dismissal, the following material issues are subject to settlement:

procedure for calculating vacation pay;
calculation of the number of vacation days;
the amount of compensation for all previously unused days;
arrears of wages for all past periods labor activity employee at this enterprise;
source of payment to the employee of settlement, vacation and compensation payments;
taxation wages employee for the last pay period;
the amount and procedure for deductions from wages, if any;
the amount of sick leave payment if, during the vacation period, the employee issued sick leave.

The legislation does not contain references to the amount of such leave and the procedure for calculating vacation pay. An employee who has not worked for the organization for even a year has the right to vacation in full - 28 days. This right arises for an employee after continuous work in the organization after 6 months.

If leave upon dismissal is provided in full, then in all cases it will not be possible to withhold funds for unworked vacation days upon final payment.

In this case, the employer tries to provide vacation according to the time actually worked by the employee in the organization. Based on this, the employee is entitled to 2.33 calendar days of vacation for each month actually worked. In this case, surpluses of less than a month are rounded down, and periods of more than half a month are rounded up to the full amount.

Payments and compensations

During a vacation followed by dismissal, the employee is subject to payment and compensation of accrued vacation pay, wages for the last working month, wage arrears for previous periods, and monetary compensation for previously unused vacation days.

The calculation is carried out on the basis of continuous actual time worked.

The relevant data is indicated on the payment card, which is filled out by the employee or HR department employee and submitted to the accounting department.

Payments are made based on the employee’s average monthly income accrued over the past three months.

Taxation

When an employee is dismissed, for personal income tax purposes the date of actual receipt of income by the employee is recognized as the last day on which income was accrued to the taxpayer. This must be taken into account if the settlement with the employee was made from funds in the organization’s cash desk.

In this case, the law reserves the employer’s obligation to transfer the personal income tax accrued and deducted from the calculated amount to the dismissed employee no later than the next day.

In case of leave upon dismissal, the employer must transfer the amount of personal income tax to the budget no later than the first day of leave of the dismissed employee.

When to make the calculation?

When an employee is granted leave with subsequent dismissal, vacation pay, compensation for previously unused days, if the employee did not take all of the leave, calculated for the last working month, as well as other payments provided for by law, are subject to payment. If an employee is on sick leave, days on sick leave are not taken into account, but the employee receives compensation for sick leave.

Vacation funds must be paid three calendar days before the start of the vacation. This is the deadline.

Final payments are made on the last day the employee actually performs his job duties, that is, on the day before the start of the vacation.

Terms of payment to the employee:

payment of vacation pay - no later than 3 days before the start date of the vacation;
payment according to the payslip - no later than the last day actually worked by the employee;
other payments and compensation, including those related to arrears of wages - until the day of dismissal, that is, until the end of the vacation;
tax deductions (personal income tax) – in the case of an employee’s payment from the organization’s cash funds no later than the next day after the settlement day.

What are the advantages and disadvantages of the situation?

Vacation followed by dismissal provides an undoubted advantage to the employee.

Benefits for the employee

During the vacation period, despite dismissal, the employee retains all the rights of an employee of the organization.
The vacation period is counted towards the length of service.
The employee retains the right to paid sick leave during the vacation period.
The employer must pay off all wage arrears for the entire period of employment.
During the vacation period, the employee can freely devote himself to finding a new job.
The employee retains the right to withdraw his resignation.
An employee can rest peacefully instead of experiencing a feeling of discomfort from the idle curiosity of colleagues, gossip, and negative assessments.

At the same time, granting leave with subsequent dismissal for the employer is associated with serious problems: the need to find a new employee, recalculation of paid funds and the impossibility of returning personal income tax amounts transferred to the personal income tax in the event of the employee’s refusal to dismiss, as well as the timing of the calculation and transfer of taxes to the budget. Therefore, the employee does not always manage to exercise his right.

At the same time, an employee who applies for leave with subsequent dismissal is also placed within strict limits. In ordinary cases, the law gives a chance to change your mind and withdraw your application within 14 days. Here, the employee does not have such a right if the vacation has already begun.

Unlike other vacations, annual paid leave that is not used on time can be transferred to the future, and in the event of dismissal, it is subject to compensation to the employee.

Annual paid leave

Every person who works under an employment contract has the right to leave (Part 5 of Article 37 of the Constitution of the Russian Federation, Article 21 of the Labor Code of the Russian Federation).

At the same time, for the period of the next vacation for the employee in accordance with labor legislation his place of work (position) is retained, as well as average earnings(Article 114 of the Labor Code of the Russian Federation).

Paid leave must be provided to the employee regardless of his place of work, shift, form of remuneration, position held, term employment contract, organizational legal form employer, etc. Therefore, vacations are provided, among other things, to those who work:

part-time (Article 287 of the Labor Code of the Russian Federation);
on a part-time basis (Article 93 of the Labor Code of the Russian Federation);
at home (Article 310 of the Labor Code of the Russian Federation);
remotely (Article 312.4 of the Labor Code of the Russian Federation).

At the same time, leave is not granted to persons with whom civil law contracts have been concluded (Article 11 of the Labor Code of the Russian Federation).

Regular paid leave: procedure for provision

The working year for which the employee is granted annual paid leave is counted from the date the employee starts work, and not from January 1 (Article 123 of the Labor Code of the Russian Federation).

As for the first year of work with a new employer, the employee has the right to use vacation after 6 months. But by agreement with management, a newly hired employee can go on vacation earlier (Article 122 of the Labor Code of the Russian Federation).

The next paid leave can be granted to the employee at any time during calendar year in accordance with (Article 122 of the Labor Code of the Russian Federation). Each employer approves such a schedule no later than 2 weeks before the start of the calendar year. This means that no later than December 17 of the current year, a vacation schedule for next year(Article 123 of the Labor Code of the Russian Federation).

If an employee is going on vacation as scheduled, then there is no need to take an application from him for another vacation. In this case, it is necessary to send him a notice of vacation 2 weeks before the start of the employee’s vacation or earlier against signature (Article 123 of the Labor Code of the Russian Federation). There is no approved form for such notification, so the employer has the right to decide for himself how to notify the employee (Letter of Rostrud dated July 30, 2014 No. 1693-6-1).

In addition to the notification, it will be necessary to issue an order to grant leave to the employee or employees in form No. T-6 or No. T-6a, respectively (approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1).

Vacation must be paid no later than 3 calendar days before the start date of the vacation (Article 136 of the Labor Code of the Russian Federation).

Extension and transfer of annual paid leave

The Labor Code of the Russian Federation provides for several cases when vacation should be extended or postponed taking into account the wishes of the employee. This applies to situations where an employee during annual leave (Article 124 of the Labor Code of the Russian Federation):

fell ill or was injured. In this case, benefits for days of temporary disability are paid to the employee in the general manner (Letter of the Federal Social Insurance Fund of the Russian Federation dated 06/05/2007 No. 02-13/07-4830);
performed government duties for which the law provides for exemption from work. For example, he was a juror in court (Article 10, paragraph 3 of Article 11 of the Law of August 20, 2004 No. 113-FZ).

If an employee, while on vacation, immediately notifies his employer of illness or the performance of government duties, then his vacation can be automatically extended by the appropriate number of days (clause 18 of the Rules on regular and additional leaves, approved by the People's Commissariat of Labor of the USSR on April 30, 1930 No. 169) . In this case, there is no need to issue a separate order for extension. As a result, the employee will return to work later than the originally established end date of the vacation.

If the employee goes to work in accordance with the vacation schedule and only then informs the employer, for example, that he was sick, then he will need to agree on the issue of transferring part of the vacation to another date. The employee will have to write an application to postpone the vacation.

By the way, if sick leave was issued due to the need to care for a sick family member, then leave for the period of incapacity is not extended or transferred (clauses 40, 41 of the Procedure to the Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n, Letter of Rostrud dated June 01, 2012 No. PG/4629-6-1).

What is leave followed by dismissal?

Leave followed by dismissal is granted to the employee based on his written application. In this case, the day of dismissal will be considered the last day of vacation.

Providing leave before dismissal to an employee is a right, not an obligation of the employer. Of course, this does not apply to the case when the employee’s next vacation before dismissal is provided for in the vacation schedule.

Leave with subsequent dismissal is not provided to an employee whose employment contract is terminated for his guilty actions.

Let us also recall that when granted leave with subsequent dismissal, the employee has the right to withdraw his resignation letter before the start date of the leave, if another employee is not invited to take his place by way of transfer.

Leave upon dismissal

The right of an employee to leave upon dismissal is secured by Art. 127 Labor Code of the Russian Federation. This right can be exercised:

in the form of granting leave followed by dismissal;
in the form of payment of compensation for unused vacation.

In any case, all days of unused vacation of the employee at the time of dismissal must be provided in kind or compensated in money.

The basic paid leave, which is provided to an employee annually for 28 calendar days, cannot be compensated with money if the employee continues to work. This is how it differs from additional leave. Indeed, in order to pay monetary compensation for additional paid leave, an employee who did not resign from the organization had to submit a written application to the employer with a request to replace the additional leave with money. But when an employee is fired, the situation changes. An employee should not write any applications for payment of compensation for both basic and additional leave upon dismissal, because payment of unpaid leave upon termination of the contract is the absolute responsibility of the employer.

The main question that arises when submitting leave with subsequent dismissal is how to correctly formalize separation from the employee in this case.

Vacation followed by dismissal: how to arrange it correctly

In the working time sheet in form No. T-12 or No. T-13 (approved by Resolution of the State Statistics Committee of January 5, 2004 No. 1), the days of vacation preceding dismissal are reflected as ordinary “vacation” days:

if this is the main paid leave, then the letter code “OT” or the numeric code “09” is indicated;
if the employee is on additional paid leave, then the time sheet must be marked “OD” or the digital code “10” must be indicated.

If your vacation falls on a weekend holidays, then they do not reduce the duration of the vacation, and therefore are reflected in the timesheet as regular days off with the letter code “B”, which also corresponds to the digital code “26”.

How to calculate the number of vacation days upon dismissal

Step 1: Calculate the employee's length of service with the employer.

Step 2: Determine the number of vacation days that the employee is entitled to for the entire period of his work.

Step 3: Determine the number of vacation days already taken by the employee.

Step 1: calculate the length of service with the employer in months

The answer to the question of what is included in the length of service that gives the right to annual paid leave is contained in Art. 121 Labor Code of the Russian Federation.

In length of service, which gives the right to basic paid leave entitles you to basic paid leave
include:	not included:
actual work time	the time the employee is absent from work without good reason, incl. in case of suspension from work under Art. 76 Labor Code of the Russian Federation
time when the employee did not actually work, but he retained his place of work (position) (for example, the time of annual leave or maternity leave, non-working holidays and weekends)	time of maternity leave, except when the employee works part-time
forced absence time illegal dismissal or suspension from work, if the employee is subsequently reinstated	vacation time at your own expense, exceeding in total 14 calendar days per working year
period of suspension from work for an employee who has not undergone a mandatory medical examination through no fault of his own
time of “administrative” leave at the request of employees. Moreover, during the working year, the total duration of vacations at one’s own expense should not exceed 14 calendar days.

Please also note that the length of service that entitles you to annual additional paid leave for “harmfulness” includes only the time actually worked in harmful and dangerous working conditions.

When calculating length of service in months, surpluses amounting to less than half a month are excluded from the calculation, and if more than half a month, they are rounded up to a full month (clause 35 of the Rules on regular and additional leaves, approved by the People's Commissariat of Labor of the USSR on April 30, 1930 No. 169).

For example, an employee was hired on March 10, 2017, and the dismissal date was June 1, 2018.

The number of full months for the period from 03/10/2017 to 05/09/2018 is 14. Surplus in the amount of 23 days (from 05/10/2018 to 06/01/2018) is rounded up to a full month. Total total work experience with the employer is 15 months (14+1).

Step 2: determine the number of vacation days that the employee is entitled to for the entire period of his work

The number of vacation days in calendar days that are due to the employee during the period of his work with the employer (K p) is determined by the formula:

K p = K g /12 * M,

where: K g - the number of vacation days due to the employee during the working year;

M is the length of service with the employer in months, found in Step 1.

The resulting number of days may not be a whole number. If the employer decides to round the number of days, this should always be done in favor of the employee, and not according to the rules of arithmetic (Letter of the Ministry of Health and Social Development dated December 7, 2005 No. 4334-17). This means, for example, that a non-integer number of vacation days 37.3 can be used in future calculations, but if the employer decides to round it up, then the number of days will be 38, but 37 days.

Step 3: determine the number of vacation days taken

Based on information about vacations already used by the employee for the entire period of his work with the employer, it is determined total quantity days of vacation that the employee has already rested.

Step 4: calculate the number of unused vacation days

The number of vacation days that the employee did not use at the time of dismissal, and for which he is entitled to compensation, (Kn) is determined by the formula:

K n = K p - K i,

where: K n - the number of vacation days due to the employee for the entire period of his work with the employer, which was found in Step 2;

K and - the number of vacation days used at the time of dismissal, determined in Step 3.

How to calculate compensation for unused vacation

The number of vacation days determined in Step 4 that were not used by the employee at the time of dismissal must be multiplied by the employee’s average daily earnings. This earnings are calculated in the usual manner established for calculating vacation pay by Government Decree No. 922 dated December 24, 2007.

Deduction for unworked vacation days upon dismissal

There are situations when an employee at the time of dismissal used more vacation days than he was entitled to. In this case, it is necessary to make a deduction for the vacation used in advance upon dismissal.

The employer’s right to withhold excess vacation pay is provided for in Art. 137 Labor Code of the Russian Federation. It must be borne in mind that in some cases it will not be possible to retain unworked vacation days. This applies to cases when an employee resigns, for example, due to the liquidation of an organization, conscription military service and in other cases listed in Art. 137 Labor Code of the Russian Federation.

In general, if an employee takes a vacation in advance and quits, the employer withholds the amount of vacation pay from his salary. This withholding cannot exceed 20% of payments due to the employee after withholding personal income tax (Article 138 of the Labor Code of the Russian Federation).

If the amount of withholding exceeds 20% or the employee is not paid other amounts and there is simply nothing to withhold excess vacation pay from, the employee can repay the debt voluntarily. It is illegal to demand these amounts from him, and especially in court (Part 4 of Article 137 of the Labor Code of the Russian Federation).

Vacation followed by dismissal: when to pay

By general rule settlement with the employee is made on the day of dismissal, which is the last day of work. However, when granting leave followed by dismissal, a different procedure applies. Despite the fact that the employee’s last day of work will be the day his vacation ends, settlement with the employee must be made before the start of the vacation. The rationale for this approach is that at the end of the vacation the parties will no longer be bound by obligations. Therefore, on the last working day preceding the day of going on vacation, the employer must make a final settlement with the employee, as well as issue him a work book and other work-related documents (Rostrud Letter No. 5277-6-1 dated December 24, 2007).

Vacation followed by voluntary dismissal

A situation is possible when an employee, while on annual paid leave or leave at his own expense, decides to quit. The general rule applies to such employees - they need to notify the employer of their desire no later than 2 weeks in advance. In this case, this period will not be calculated from the moment the employee returns to work, but in general order - from the day following the day of notification to the employer. Therefore, if the duration of vacation exceeds 14 calendar days, such an employee has the right to go to work on the day of dismissal to receive the final payment and work book.

It is important to take into account that the employer does not have the right to call an employee from vacation before its end (Article 125 of the Labor Code of the Russian Federation).

Dismissal after vacation at your own request

Nothing changes if the employee decides to leave the employer after returning from unpaid leave. The only difference is that up to and including the day of dismissal, the employee must perform his job duties during the notice period, unless, of course, the employer agrees to part with the employee ahead of schedule.

However, if leave without pay is granted to an employee with subsequent dismissal, then it is advisable to make the calculation by analogy with the provision of paid leave with subsequent dismissal - on the last working day before the employee goes on leave at his own expense.

Sample application for leave followed by dismissal

An employee who wants to go on vacation with subsequent dismissal submits a corresponding application to his employer:

Order on granting leave with subsequent dismissal

An employer can use an independently developed form of order for granting leave with subsequent dismissal. If he uses unified forms of labor accounting documents, then to register leave with subsequent dismissal, the employer will have to issue 2 orders:

granting leave (unified form No. T-6 or No. T-6a);
on termination of an employment contract (unified form No. T-8 or No. T-8a).

In what order can an employee submit an application for leave followed by dismissal?

Part 2 of Article 127 of the Labor Code of the Russian Federation establishes that an employee may be granted unused vacation with subsequent dismissal. Leave followed by dismissal is granted only at the request of the employee. An application for no can be submitted by an employee at any time. In this case, it is not necessary to comply with the deadlines for granting leave approved by the vacation schedule.

We write an application for leave with subsequent dismissal

Among practitioners, there are two opinions regarding an application for leave followed by dismissal. Some believe that the employee needs to provide two independent statements. The first is for dismissal at will, the second - for the provision of leave. We believe that you can express your desire to take a break and then resign in one statement.

An application for leave followed by dismissal is submitted to the employer in any form. What must be included in the application?

Employer details;
Employee data;
Request for unused vacation(s);
Start date of vacation(s);
Duration of vacation;
Notice of dismissal;
Date and signature of the employee.

When submitting an application for leave followed by dismissal, you must remember:

The employer is not obliged to provide vacation followed by dismissal.

The employee has the right to ask for leave with subsequent dismissal. Current legislation does not oblige the employer to satisfy the employee’s request in mandatory. If the employer does not provide vacation, the employee will receive compensation for unused vacation days.

You cannot apply for leave with subsequent dismissal and immediately go on vacation. It is imperative to find out the employer’s decision and sign an order granting leave. If an employee independently exercises his right to leave and stops going to work, the employer can fire him for absenteeism.

The day of dismissal of the employee will be considered the last day vacation, however, the employer must complete all actions related to dismissal on the last day before the vacation.

You can withdraw your resignation letter only before the start of the holiday. If an employee changes his mind about resigning while already on vacation, he will not be able to do this.

Vacation followed by dismissal is not extended in cases established by law for the extension of annual paid leave.

You will not be able to take advantage of vacation followed by dismissal. if the employee is dismissed at the initiative of the employer for committing guilty actions.

To sum it up.
An application for leave followed by dismissal is submitted in simple written form. There is no specific application form. The application must state your desire to use the leave and terminate your employment relationship with the employer.

Every employee has the right to annual leave. It occurs after six months continuous operation with one employer. As a rule, an employee exercises this right after working at the enterprise for 11 months. Then he can go on vacation for all 28 calendar days.

The right to vacation can be exercised by an employee both during work and upon dismissal. This is stated in Art. 127 Labor Code of the Russian Federation. This article states that an employee, when resigning, can use either of two options:

receive monetary compensation for unused vacation days;
take unused vacation before quitting.

Most often, the employee asks for compensation, but some first take their vacation and only then quit. This raises a lot of questions among personnel officers. How should the main leave be arranged correctly if the employee then plans to resign?

How to properly arrange vacation followed by dismissal

It is important to properly prepare documents for such dismissal. Otherwise, the employer cannot avoid problems with the labor inspectorate.

In Art. 127 of the Labor Code of the Russian Federation states that only those employees who quit on their own initiative can take off unused vacation. If the dismissal is initiated by the employer and is the result of the employee’s culpable actions, the right to leave is lost.

An employer is not required to allow an employee to take unused vacation before dismissal. This is his right, but not his obligation. Therefore, if an employee plans to first take a break and then resign, he must obtain the consent of his employer.
Leave can be granted to an employee if he resigns of his own free will (clause 3, part 1, article 71 of the Labor Code of the Russian Federation), by agreement of the parties (clause 1, part 1, article 77 of the Labor Code of the Russian Federation) or on other grounds that are presented in Labor Code of the Russian Federation and are not related to the guilty actions of the employee.

As stated in Art. 80 of the Labor Code of the Russian Federation, the employee is obliged to notify the employer 2 weeks in advance that he wants to quit on a certain date. In Art. 78 of the Labor Code of the Russian Federation states that when an employee is dismissed by agreement of the parties, the period of notice to the employer is stipulated in the agreement itself. At the same time, he has the right to express his desire to use the vacation that he has.

The employer is notified in the form of a written statement from the employee. In the same way, he notifies the employer of his desire to use vacation days. This is stated in Part 2 of Art. 127 Labor Code of the Russian Federation.
When resigning voluntarily, the employee writes 2 applications - one for dismissal, the other for vacation.

How to write an application

There is no unified application form for resignation and leave. It is drawn up in writing addressed to the employer. If the enterprise has developed a special form for applications, then it is written on it.
If there is no form, then the resignation letter must contain the following information:

in the upper right corner the position and full name of the head of the enterprise is indicated, as well as the name of the enterprise itself, indicating the organizational and legal form;
then the full name and position of the applicant are indicated. You can also specify structural unit where he works;
then the word “Statement” is written;
In the informative part of the application, you must state your desire to resign. It is imperative to indicate the date of dismissal without the preposition “from”. This puts the HR manager at a dead end. It is better to write, for example, November 17. This indicates that the last working day will be November 16;
date, signature of the applicant and transcript.

An application to use the remaining vacation must also be made in writing. It is drawn up in exactly the same way as a resignation letter. Only the informative part should contain the following information:

request to use vacation days that were not taken off before the date of dismissal;
you need to indicate the date from which the employee plans to go on vacation;
it is also necessary to indicate the duration of unused vacation. If an employee does not know exactly how many vacation days he has, he can contact the HR department. The HR inspector will calculate the exact number of days of unused vacation;
you also need to state your desire to quit after your vacation;
date of writing the application, signature of the applicant and its transcript.

It is better to write the application in two copies. One copy remains with the employer, and the other with the employee. On the employee’s copy you need to put the number of the incoming document and the date the application was accepted for personnel records.

Based on the statements, the personnel officer issues 2 orders:

on granting leave in the form T-6 or T-6a;
about dismissal - in form T-8 or T-8a.

The employer does not have the right to issue a single order of dismissal and leave. This will be a violation of labor laws and record keeping.

Based on the order, the personnel officer fills out the first page of form T-61 and submits it to the accounting department for calculating vacation pay. In addition, the employee has the right to take only part of the vacation before dismissal, and receive monetary compensation for the remaining days. The employer can meet the employee halfway, as this does not worsen legal status this employee.

The employee must know that he has the right to leave after six months of work. He must receive full leave, that is, 28 calendar days, and not in proportion to the time worked. He receives the vacation in full, and only those days that he has “worked” will be paid.

Date of dismissal (for vacation followed by dismissal) When using vacation without compulsory leave followed by dismissal, the question arises of which day is considered the last. The date of issue of the order and other subtleties depend on this.
In Part 3 of Art. 127 of the Labor Code of the Russian Federation states that upon dismissal from unused vacation, the last working day will be the last day of vacation.

Labor law prohibits an employer from issuing an order to dismiss an employee in advance. For example, the application indicates the date of dismissal as August 27, and the order was issued on July 25. The dismissal order must also be issued on August 27. In addition, the employee must put his signature on the dismissal order.

Once the vacation begins, the employee cannot withdraw his application for dismissal. It is also impossible to issue an order in advance, but indicating the date of dismissal - then the continuous numbering of orders will be lost, and labor inspectors will certainly pay attention to this.

It is necessary to make a full settlement with the employee and issue him a work book. This must be done on the last working day. The last working day is the day before the employee's vacation. Since the employee will no longer withdraw the application, on the same day he is paid in full for all days actually worked from last date salary payments. If the collective agreement provides severance pay, then it is also paid on the employee’s last working day.

The work book is issued on the day of dismissal, that is, on the last day of vacation. In it you need to make a note about the dismissal, indicating the order number and the date of its issue. And the order can be issued only on the day of dismissal.
If an employee falls ill during vacation and is subsequently dismissed, the date of dismissal is not postponed, but sick leave is paid in accordance with the length of service of the employee.

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.

Instead of financial compensation for unused vacation days, many people prefer to take the opportunity to rest before looking for a new job. 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. List of guilty actions for which it is impossible to use vacation days in exchange for compensation - 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 obligated 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 off both pre-planned days according to the schedule, and 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 a unified form of documents, the employer still issues two orders, because the form of a single order is not 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 2019

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 holidays - May 1 and May 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 2019

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.