Is it possible and how to quit properly during the vacation of their own free will without working out: important nuances, a sample of the application

Is it possible and how to quit properly during the vacation of their own free will without working out: important nuances, a sample of the application

In this article, we will consider an algorithm for dismissal during a vacation by our own desire.

Every adult works at work. Accordingly, all rights and obligations apply to it in accordance with the TC of the Russian Federation. By the way, the employee must know all the nuances of employment, work itself and even dismissal.

But, as practice shows when there is a desire or need to quit during vacation, most employees do not know their algorithm of action. Therefore, in order to summarize the information and bring it to wide miles of the population, we offer you this very interesting and necessary topic for familiarization.

Is it possible to quit during vacation of your own free will: important nuances

At first glance, this topic does not seem to tell you anything new, but we assure you that this is not so. It seems that here it was, he wanted to quit and quit. No one holds you. But this is not at all the case. For violation of the current legislative norms of the employee can also be held accountable. Since there are not only the canons of employment, but also the rules that apply to the conjuncture of work, timely rest and even leaving this place. Moreover, if the employee has seized a desire to quit during the vacation.

During the vacation, you can quit exclusively at your request
Can be calculated during the holidays exclusively at your request
  • There can be many reasons for dismissal, but the main points include:
    • bad relations in the team;
    • emotional overstrain;
    • new work;
    • moving to a new place of residence;
    • conflict with the leader, or with colleagues;
    • lack of desire to work;
    • inconsistency of some points;
    • non -payment or delay in wages.
  • Despite all life circumstances, it may be that you are forced to quit at this time. However, one desire is not enough. You need to know all the details so that there are no misunderstandings. For example, such an incident as the payment of the required salary is not in the amount that you counted.
  • In principle, dismissal of their own free will - this is the exclusive right of the employee,and it is for him to make decisions about such a step. But as already noted, there are a number of features.
  • The employee is burdened inform the leader about his decision 14 days before the date of dismissal.After all, sometimes during this time the situation may change somewhat. For example, the employee himself may change his mind to leave work.
    • And this is also his right. According to the law, if the employee continues to work after the residered date for dismissal, then the application is canceled. But this exception applies when the leader has not yet issued a new employee for this position.
You must warn the employer about your decision
For the start of the decision, you need to take 14 days

The dismissal algorithm during vacation, based on different situations

To avoid all the misunderstandings that can lead to dismissal during the vacation, first of all, you need to calculate your vacation correctly. After all, this can directly affect the amount of payment.

Important: the Labor Code of the Russian Federation clearly indicates that the employee can use all days of unused vacation with subsequent dismissal, when the date of dismissal will be the last day of vacation.In fact, it happens that the employee still practices the regulated two weeks before dismissal, since this period is automatically included in the days of vacation.

  • If your vacation has a duration of more than two weeks, and also it is provided with you for the already worked time, then in this case you can simply write a dismissal application precisely during the vacation.
    • It is only necessary to calculate so that the actual fourteen days do not go beyond the vacation. And all, if you have not recalled your application, you are dismissed without any violations and deductions from wages.
  • And there are cases when an employee vacation was provided not for the actually worked time, but in advance. That is, an advance. In this case, you can quit of your own free will, but so that these two weeks are included in the days of vacation.
    • And in this case, be prepared for the fact that the employer will be calculated from your wage all days of the vacation used that you were provided in advance. Or you will need to work out these days.
Consider what your vacation is - with an advance or worked out
Consider what your vacation is - an advance or worked out
  • Also, in practice, there are very often cases, when the employee, being on short -term vacation (is meant less than 14 days), decided to write a dismissal application. And the employer coordinates dismissal without mandatory development of a two -week period.
    • In this case, the last day of vacation will also be considered the day of dismissal. It’s just that the employee will not need to work out anything, and he will not have deductions from the salary for those days that he supposedly had to work out.
  • You also need to familiarize yourself with another case. When you are on vacation less than a two -week period and decided to quit, but the employer does not coordinate dismissal without mandatory development of the legislatively set time.
    • In such a situation, you need to understand that you will need to work out after the vacation all the agreed days from the date of writing, so that the aggregate is 14 calendar days. Or from your wages, unexplored days can expel.

Important: if you simply did not want to work out all the necessary days, then such a case may have an unexpected result. Since you can be fired not of your own free will or by agreement of the parties, as you wrote in a statement, but for absenteeism. After all, it will be believed that the unprofitable obligatory days after the vacation have been walking for no good reason.

  • It can also happen that you still have days of unused vacation.
    • In this case, you must remember that when writing an application, it will be necessary to note that you are asking for compensating for all days of unused vacation by surcharge to wages.
Calculate your vacation so that there are no irrepressible days
Calculate your vacation so that there are no irrepressible days

How to write correctly and when to apply if you want to quit during vacation?

Without fail, dismissal during the vacation must be arranged properly. The necessary moment is the correct writing application for dismissal and transfer to the employer. After all, from the date of its spelling and will be reported for two weeks. The statement itself must indicate some data that we will provide to you in the sample below.

The position of the head and the name of the enterprise

Full name of the head

Position of an employee

Full name of the employee

Address and phone address

 

Statement

I ask you to dismiss from your position (name of the post) from such a period (date) of your own free will (or agreement of the parties). The day of dismissal is considered the last day of vacation.

 

Date signature

 

  • As you can see, in the statement itself it is not necessary to describe the reason for the dismissal. It is enough to write the above main points. However, as noted above, if you have unused vacation days, then it is better to indicate in the application that ask them to compensate them to the salary.
  • You can send an application by mail or by fax, or hand over personally. It is most reliable to order a custom letter service or courier delivery. Just in case, you will have evidence of not only the very fact of the letter, but also its presentation. And with the exact date and to whom in the hands.

Important: each employee also needs to know the nuances of calculating the date of dismissal, since the first day will not be considered the date of writing. After all, the countdown will begin with the next calendar day. Therefore, also keep in mind that the law regulates the calendar days, not workers. Remember this and do not confuse to avoid misunderstanding.

Do not forget that the application also needs to be written correctly
Do not forget that the application also needs to be written correctly
  • In principle, you must understand that you can quit during the vacation on the last day without work, but only when these nuances are agreed with the employer. Since it is precisely from the head that depends on the onset of all the negative consequences of dismissal.
    • But, if you have friendly relations with the leader, and he also coordinates you a sudden or deliberate decision for you, then the date of dismissal will be considered a discussed day. And without workouts.
  • In general, a direct duty to work out two weeks before the date of dismissal has not been established. But the legislator clearly indicates the requirement of p reduce the employer fourteen days before the date of dismissal. That is why this time is considered in practice a mandatory for working out.

We brought you the main aspects of dismissal during vacation. And they drew your attention to all the features that the employee needs to know when dismissal or in the event of such a desire. Each employee must understand and remember the information we cited in today's topic. After all, nobody needs adverse consequences. Work and do not worry, since all working conditions are regulated by law. The main thing is to know and understand them.

Video: How to quit during vacation of your own free will?



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