An application for leave upon dismissal can be submitted by any employee, the basis for termination of the employment contract in this case does not matter. However, the satisfaction of this application is the employer's right, not his obligation, so the company may refuse the employee.
Dismissal of an employee from the organization is often a surprise to the employer. Usually, such an employee has unused leave, for which, according to the current labor legislation, compensation must be paid. The specified compensation is issued along with the full payment upon termination of the employment contract, however, in some cases, the employee wants to use all the remaining vacation days with subsequent dismissal. The meaning of such use is to increase the length of service, since the day of termination of the employment contract in this case will be the last day of the granted vacation. In addition, during this vacation, this citizen will continue to be considered an employee of the organization, he will retain all the guarantees provided by law (for example, social insurance).
Is the employer obligated to provide leave upon termination of employment?
The initiative for granting leave with subsequent dismissal should come from the employee himself, who has the right to apply to the employer with a corresponding statement. However, the Labor Code of the Russian Federation says that an organization can provide such leave without mentioning the existence of such a duty. Consequently, the employer usually independently decides whether to satisfy the employee's application for the provision of rest with subsequent dismissal, since the registration of such a leave is the right of the organization, and not its obligation. If the company refuses such leave, then this does not relieve it of the obligation to pay compensation for all unused days of annual rest to the employee.
When does leave followed by dismissal become mandatory?
The only case in which the provision of leave with subsequent dismissal becomes the employer's obligation is the termination of the employment contract by agreement of the parties. At the same time, the specified agreement must contain a special condition obliging the organization to provide the employee with leave upon dismissal. The presence of such a condition obliges the company to satisfy the employee's submitted application; the refusal to issue a vacation can be appealed. However, such disputes between employers and employees are rare, since for most employees there is no fundamental difference between receiving compensation for unused vacation and the vacation pay itself.
