The possibility of taking regular leave before dismissal is indicated in article No. 127 of part 2 of the Labor Code of the Russian Federation. But the legislator left the right for the employer to decide on his own whether to provide a retiring employee with a vacation or pay monetary compensation instead of the next vacation. To issue a vacation with subsequent dismissal, you need to prepare a number of documents in accordance with the requirements of the Labor Code of the Russian Federation.
It is necessary
- - order of the form No. T-6
- - order of the form No. T-8
- -complete calculation
The employee must write a vacation application and indicate the dismissal. This must be done two weeks before the planned vacation. If the employer approves the employee's application, he is obliged to issue two orders - on vacation and on dismissal.
The vacation order is filled out on the unified form No. T-6. Filling in should be done in accordance with the instructions of the State Statistics Committee of the Russian Federation dated 5.01.04 for No. 1. In the order it is necessary to write the start and end time of the vacation, the full name of the employee, the number of the structural unit and position.
Simultaneously with the order for the leave, an order is issued for the dismissal of the employee. This document is drawn up on a unified form No. T-8. The date of dismissal is indicated next, which follows the last day of vacation.
The employee needs to issue a full calculation, documents and work book. The date of dismissal must be entered in the work book, under it is the signature of the dismissed.
If an employee leaves after another vacation, then he does not need to work out the 2 weeks specified in the Labor Code. In this situation, when the dismissal occurs before the vacation, it is impossible to change your mind and withdraw your application, this is indicated in the letter of Rostrud No. 5277-6-1.
In the event that an employee takes a sick leave during vacation with subsequent dismissal, the leave is not extended and the date of dismissal is not postponed, although the sick leave itself is paid.
If the employer does not agree to provide leave with subsequent dismissal, the employee must submit a letter of resignation, work two weeks and receive compensation for the unused vacation and full payment the next day after the last worked.
You can apply for dismissal not only before the next vacation, but also during it. In this case, the employer should be notified two weeks before the end of the vacation so that you do not have to work.