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How to quit on vacation, if there are difficulties? Dismissal during vacation: the law decides, but life disposes ...

The procedure of dismissal has always caused a lot of questions, despite the well-developed legislative norms of labor law. The fact is that dismissal is always connected with a concrete situation, with emotional reactions (not always worthy), with different interpretations of the law of the two opposing parties: the employee and the employer.

Leaving on leave is no exception. And although by law it does not matter whether you are on vacation or on a business trip, each employee has the right to leave work, having notified the employer about it for 2 weeks, however, the dismissal procedure is associated with a number of nuances.

Situation 1. Dismissal during an unoccupied vacation. If roughly calculated, every 2.5 months of work is entitled to 1 week of leave (although the period depends on the duration of the leave, for example, for pedagogical workers it is not 28 days, but 42). If the employee has gone on vacation earlier than appeared on him right (took "advance"), then he must work out this time or return the organization money for the unworked hours (spent on vacation). The authorities can react to your dismissal on vacation inadequately: they simply will not accept or issue an order for dismissal, may require you to rewrite the application, putting other dates, motivating it by the fact that the employee must work.

What to do in this case? Do not rewrite the statement, insist that you made a calculation, subtract the unworked hours from your vacation, if you have not received them yet. If received, you can return it on receipt. At the same time, always remember, the employer has no right to keep you, no matter what.

Situation 2. Leaving on vacation can be a problem if the director is also on vacation and does not leave a person with the right to sign (alternate, acting, another person in charge), and if there is no possibility to apply to a superior (for example, to the founder , If you are an employee of LLC or JSC).

What to do? Use all possible methods to notify the employer: at least by phone. The application can be sent by registered mail in order to quickly arrive and the post office put a mark on the receipt (it's not your fault that the employer did not leave the deputy). If there is a person in the organization who registers incoming letters (even better, if you can do it yourself), he must sign for the receipt of your application.

Situation 3. While on vacation and having an unexpected decision to quit, you can leave the affairs related to your duties incomplete. If you are an accountant and must report, or you are a financially responsible person and must make an inventory - such cases make it difficult to leave on leave.

What to do? It is necessary to go to work during the holidays and finish unfinished business, for this you need a written order from the director to call you from vacation in connection with the "production" need. This option is better than transferring the dismissal.

Situation 4. You are dismissed in connection with the transfer to another job.

To do this, write a statement of dismissal in connection with the transfer to work in [...] (specify the organization). In it, specify the last day of vacation as the date of dismissal. But in agreement with the employer, you can leave on the same day (for example, in the middle of the holiday) and get compensation for unused vacation.

A ridiculous situation. The manager can demand from you 2-week working off on an output from holiday. This requirement has no legal basis. The word "working off" is not in the labor code of the Russian Federation. No employee is required to work out, he is only obliged to notify for 2 weeks. At the same time, it does not matter at all whether the dismissal is taking place during the vacation period, or during the sick leave (on business trips, at school - it does not matter). Your absence at work for a good reason does not oblige you to work out. You should not even transfer cases to a new employee (unless only if you hold a management position, you are a financially responsible person or an accountant).

These cases are the most common, but can be complicated by a number of other circumstances. Always try to negotiate with the employer. Bad fame and litigation none of you do not need. If it does not work out, follow the law - dismissal on your own during vacation is provided for in the Labor Code, in articles 77, 80.

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