Voluntary dismissal of an employee during his vacation is a common way to terminate labor obligations, regulated by the labor code. However, in order to quit while on vacation, you should be aware of several features of this procedure.
How to correctly inform the employer about the dismissal
The first part of Article 80 says that an employee, if he wants to quit, must notify the employer in writing or orally. At the same time, the employee has the right to write this statement on any day of his own rest. It is important that there are 14 days between the date of writing the application and the date of the first day of work.
This is necessary so that the company or individual employer can navigate the situation and find another employee for the same position. 2 weeks of work required under the Labor Code will begin from the day the employer receives the employee's letter of resignation.
If the employee is resting very far, he can send the application by mail, and then all days during which the letter was delivered to the address will be added to the pre-holiday day.
In the event that the employee sent the letter of resignation by mail, then the number of days that the letter went to the address will be added to the last working day.
How an employee is dismissed on vacation
If a person is on official leave and notifies management in writing about the dismissal, he may well not need to work for another 2 weeks, since this period may also fall on vacation. It is important to remember that the boss does not have to wait until the vacation is over - the dismissal occurs two weeks after the application. At the same time, the company should not recalculate those vacation pay that have already been paid by the company.
After two weeks have passed, the company must draw up an appropriate order to terminate cooperation, make entries in the work book and transfer all the money earned to the employee. In this case, payments, in accordance with Article 84, paragraph 1 of the Labor Code of Russia, must be made in the same way as salaries.
An employee can receive ready-made documents with all records on the day of dismissal or on the day following it. That is, the employee retains the right to come for documents when it is convenient for him.
Vacation termination options
There are two scenarios for dismissal while on vacation:
- Ask in writing to end the relationship and give this statement along with the vacation application.
- Submit an application for termination of work, but do it already from the place of rest.
It should be borne in mind that in the first scenario the employee may not go on vacation at all - the law gives the management the right to decide whether a person should go on vacation “right now”.
In the second scenario, the employee needs to remember that he is bound with the company by an employment contract for the entire vacation period, and if there are less than 2 weeks between the application and the first working day, the employee needs to come and work out the days missing before the two-week period.
Choosing a convenient time to apply for a job request may also depend on the relationship in the team or between the employee and the director. In some cases, the employee may not even work for two weeks.
