How to quit on vacation, if there are difficulties? Dismissal during vacation: the law decides, but life disposes ...
The dismissal procedure always caused a lot ofissues, despite the well-developed legislative norms of labor law. The fact is that dismissal is always connected with a specific 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 the unextended leave. If roughly calculated, every 2.5 months of work is entitled to 1 week of leave (although the period depends on the duration of leave, for example, for pedagogical workers it is not 28 days, but 42). If an employee has gone on vacation earlier than he was entitled to (picked up "up front"), then he must work out this time or return the organization money for unworked hours (spent on vacation). The authorities can respond to your dismissal on vacation inadequately: they simply will not accept or issue a dismissal order, may require you to rewrite the statement, putting other dates, explaining that the employee is required to work.
What to do in this case? Do not rewrite the statement, insist that you have 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, other responsible person) instead, and if there is no possibility to contact a higher manager (for example, the founder if you 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, so that it will be faster and the post office will put a note on 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. Being on vacation and having made 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? You will have to go to work during your vacation and finish the unfinished business, for this you need a written order from the director to call you from vacation due to "production" need. This option is better than transferring the dismissal.
Situation 4. You quit due to moving to another job.
To do this, write a statement on thedismissal in connection with the transfer to work in [...] (indicate the organization). In it, specify the last day of vacation as the date of dismissal. But in agreement with the employer, you can retire on the same day (for example, in the middle of vacation) and get compensation for unused vacation.
A ridiculous situation. The head may require you to 2-week workout on the exit from vacation. 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, he is only required to notify in 2 weeks. At the same time, it does not matter whether the dismissal occurs 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 do not even have to 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 mostwidespread, 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 stipulated in the Labor Code, in articles 77, 80.