The content of the article
- What is a vacation followed by dismissal
- Legal regulation
- Exercise of the right to rest upon dismissal
- Granting leave with the subsequent dismissal
- Compensation for unused
- How to arrange
- Vaccination Application
- Application for dismissal
- The order on granting vacation with the subsequent dismissal
- How is the vacation period calculated?
- How to determine dates
- Determination of work experience with the employer
- Determination of due days of vaccination
- The procedure for calculating compensation for unused vacation
- Unused days deductions
- Features of taxation
- Billing terms with an employee
Having decided to terminate the employment relationship with the employer, each employee has the right to take leave with subsequent dismissal, and its provision does not depend on the annual schedule drawn up earlier. The process is characterized by certain nuances, since a person has the right to request compensation for unused days or to make a statement and spend the days due before resigning to find a new job.
What is a vacation followed by dismissal
Take a vacation before you quit, it is possible only if the termination of employment occurs on their own initiative or by mutual agreement of the parties. However, in this case, the employer reserves the right, at its discretion, to allow the employee to rest or to pay compensation for unused vacation days. If the calculation is due to a violation of labor discipline or for other similar reasons, it is not allowed to take leave before dismissal by law.
According to the Constitution of the Russian Federation, everyone has the right to rest, for this reason the employer cannot prevent the employee from using this right. The fact that a specialist can take a vacation, and having walked off these days, quit, is recorded in the Labor Code, and more precisely, in article 127. In addition, you need to pay attention to federal laws and an employment contract, since some nuances, for example, additional vacation days, which you also need to use or get compensation for them.
Exercise of the right to rest upon dismissal
It is often possible to observe a situation when an employment contract is terminated with an employee, and this can happen either on the employee’s own initiative or at the request of management. If at this point the subordinate did not exercise his right to take a paid vacation, which is due annually, the provision of these days before leaving is an integral part of the employee’s labor rights guarantees. However, employers do not always advertise such an opportunity, and after all, during an vacation, an employee retains all rights:
- behind him continues to be the workplace;
- length of service is extended for the entire vacation period;
- for health problems, a paid sick leave is required.
Granting leave with the subsequent dismissal
As noted, under the law, before leaving, the employee has the right to walk off the prescribed period of vaccination. As practice shows, there are two ways to do this. In the first case, the employee goes to rest according to the schedule drawn up and approved in advance, and he can write an application for care immediately before or directly during the holiday period.
It is important to comply with all the formalities, because under the law, the employer can force the employee to work out a two-week period before dismissing him. In this case, it is worth knowing that there are some circumstances and categories of workers who do not need to work out:
- when enrolling as a student in a higher educational institution;
- upon reaching retirement age;
- moving to a new place of residence of the spouse;
- if necessary, care for a child, a disabled person or a sick relative;
- with personal desire of leadership.
You can apply for leave at the same time you apply for leave. In this case, it is not necessary to adhere to the approved schedule. Sometimes they can be dismissed for other reasons, for example, the company may change its owner, staff reduction, etc. In this case, instead of a letter of resignation, an organization employee signs a notification, which confirms his consent, and writes a vacation application with subsequent dismissal.
Compensation for unused
According to Russian law, giving the employee a vacation period with the opportunity to quit after it is not the employer’s duty, but the right. For this reason, the manager can provide compensation for days unused by the employee. This option occurs when there is already a replacement for the employee to be dismissed, since the employee has the right to withdraw the application for dismissal up to the last day preceding the vacation.
How to arrange
In order to comply with all the formalities and correctly execute the documents, a number of actions need to be carried out, some of which are carried out by the departing person, and some lie in the furnace of other employees of the organization. Here is a sample action algorithm:
- the employee submits a written application depending on the dismissal procedure chosen by him;
- the application is endorsed by the immediate supervisor and transferred to the personnel department;
- after coordination with the management (general director), an order is issued on the provision of leave;
- the document is registered, and the employee confirms with his signature that he has read it;
- a settlement note is drawn up;
- the employer signs the dismissal of the employee;
- this order is registered in the appropriate journal;
- the dismissed employee must familiarize himself with the document, as evidenced by the signature of the employee;
- a settlement note is being drawn up;
- full settlement with the employee;
- make a record of dismissal in a personal card and work book;
- the work book is handed to the person in his arms.
Holidays with subsequent dismissal of their own free will are reflected in the time sheet using the form No. T-12 or No. T-13 similarly to standard vacation days:
- main vacation period – code “FROM” or “09”;
- additional – “OD” or “10”;
- holiday weekend – “B” or “26”.
Sometimes the employee decides to withdraw the letter of resignation already during the rest. With the consent of the management, this is possible, although an entry in the work book has already been entered. In this case, the entry is invalidated, and the dismissal is canceled.
An application for a vacation period is submitted in any form to the director of the enterprise. It indicates the start date of the holiday and the number of calendar days. If after that the employee plans to quit, then a separate application is drawn up. After submitting applications, a separate order is issued for each of them. The sample application has the following form:
Application for dismissal
If you plan to take a vacation with further dismissal, the law allows the text of both applications to be combined into one. It indicates the start date of the vacation, the number of days, and the reason for the breakdown of the employment relationship is mandatory. A statement is made by the employee in any form and looks as follows:
The order on granting vacation with the subsequent dismissal
The company may develop its own form of order for the provision of employees, followed by a dismissal. If the organization adheres to unified forms, then it will be necessary to draw up two orders: on granting leave and on dismissal, regardless of whether the employee wrote two separate applications, or made one. A sample order that can be developed at the enterprise looks like this:
How is the vacation period calculated?
When an employee leaves, the unused vacation period for the current code is provided in full. If there are unused days for previous years, they must also be attached. An example algorithm looks like this:
- work experience at the current place is calculated;
- determines the number of vacation pay that is laid off to the person leaving for the entire period of work;
- the number of days not spent is calculated;
- calculates the average daily earnings for calculating vacation pay;
- payout calculated.
How to determine dates
According to the law, dismissal occurs on the last day of vacation, however, termination of employment falls on the day preceding the first day of rest. When dismissing an employee, special attention should be paid to the following dates, which will help to carry out the entire procedure in strict accordance with the law:
- receiving an application by a staff member;
- registering an application in the registry;
- execution of the order (s);
- date of receipt of vacation pay;
- date of final settlement;
- date of termination of employment, an entry in the employee’s workbook.
Determination of work experience with the employer
Since for each year of work an employee of the organization is entitled to a paid vacation period, it is necessary to determine the insurance experience of his work with this employer. The countdown starts from the first working day, and it does not matter what date it falls on. From this moment, the working year is counted. For example, if a person got a job on December 2, 2005, then the first year will be considered from December 2, 2005 to December 1, 2006 inclusive, the second – from December 2, 2006 to December 1, 2007, etc..
The following are included in the vacation period:
- all calendar days, including those when a person was on sick leave, on maternity leave.
Not subject to vacation accounting:
- at own expense lasting more than 14 days;
- for child care.
Determination of due days of vaccination
Under the law, each employee is assigned a 28-day vacation period per year. This is the minimum that the tenant must provide. He can take these days at a time or break all the rest into pieces. In addition, he always has the right to take leave at his own expense, followed by dismissal. In some organizations, in addition to the legislatively established threshold, additional days may be accrued, for example, for seniority, harmfulness, for a contract, etc..
The procedure for calculating compensation for unused vacation
If an employee decided to quit and before that did not use the leave prescribed by law and contract, the Labor Code obliges the employer to pay the employee compensation for them. You can calculate its amount using the formula below:
KNO = KNDO SDZ, where
- CCW – compensation for an unused vacation period;
- KNDO – The number of unused days;
- Source: SDZ – average daily earnings.
Unused days deductions
To calculate vacation pay it is important to set the number of days worked. If a month in the billing period is fully worked out, then it is conditionally recognized as 29.3:
(365 days – 14 holidays) / 12 calendar months.
Absolutely all calendar days are considered worked, but the following are considered unworked:
- business trips;
- temporary disability;
- any vacation;
- some other reasons when a person was absent from work, but he retained average earnings.
Features of taxation
When settling with the organization’s resigning employee through the organization’s cash desk, it must be taken into account that the date of actual income is considered to be the last day when the employee was paid. This is extremely important for the calculation of personal income tax (income tax). In this regard, by law, an enterprise can transfer personal income tax no later than the next day. If a vacation was taken and the subordinate quit immediately after it, the tax is transferred no later than the first day of the vacation period.
Billing terms with an employee
If you take a vacation with subsequent dismissal, the organization is obliged to pay the employee vacation pay or compensation for unused days. In addition, the employee is supposed to pay for the last worked period (salary), as well as other payments, which are provided for by legislation and regulations in force at the enterprise. In case of illness during the rest, the employer must pay the money due on the sick leave.
The deadline for all calculations is the last day before the employee goes on vacation. However, in some cases, the law establishes other time limits:
- vacation pay – at least three days before the start of the vacation;
- the final payroll and supplementary payment calculation – the last actually worked day;
- wage arrears, compensation and other payments – until the day of dismissal (the last day of vacation)