In any organization in accordance with labor law workers go on vacation. To dismiss at this time the employer on own initiative has no right. But the situation in life is different. There are situations when the dismissal of an employee on leave is simply necessary. For example, during the holiday, the employee found another place of employment. It should be borne in mind that the procedure for dismissal on vacation will differ in certain nuances, depending on the type of leave in which the employee is located.
Leave on vacation
If the employee decided to quit during his annual vacation, no one can forbid him to do so. In this case, even if the year has not been fully worked out, and the vacation is taken full, deductions from paid vacation are not made. The employee must write a statement that he wants to resign at his own request. The application can be written simultaneously with the application for a vacation, and can be written during the vacation.
Dismissal on maternity leave
Maternity leave can be divided into two parts - a sick leave sheet from 7 months of pregnancy to childbirth and a childcare leave. Together, a woman can safely stay at home until the child is 3 years old. At this time, the employer has no right to dismiss her, with the exception of liquidation of the enterprise.
Dismissal in the period of maternity leave is the same as the usual dismissal. A woman needs to notify her boss two weeks before the date of actual dismissal. It should be borne in mind that during the time, both maternity leave and leave to care for the child, the woman retains her seniority. So, she has the right to an annual work holiday or to his compensation.
Dismissal during study leave
In the labor law there is no such thing as a study leave with further dismissal. According to the legislation, these two concepts are not compatible. If you leave your job no earlier than two weeks before the end of the study leave, then you will not have to work out the two weeks laid down by the Labor Code. The terms of the study leave are determined by your application and the dates specified in the call certificate. By law, the employer must release the employee on study leave, and has no right to replace it with another. When dismissed in such a case, the employee receives all due payments and compensations, as with ordinary dismissal.
If the dismissal of the employee during the vacation is by agreement of the parties, then the application is not required to write. The agreement indicates the last working day - this is the last day before going on vacation. At dismissal at own will the statement on dismissal, being in the next holiday, it is necessary to write not later, than for two weeks before its termination.
Dismissal during the annual leave at will is regulated by law and the employer does not have any legal grounds for refusal. It turns out that dismissal on vacation is more beneficial to the employee than the usual procedure for dismissal. And he can rest, and nothing will be needed to work off and work off. That's only necessary to take into account that the provision of leave with subsequent dismissal is not the responsibility of employers. It is possible to fire the last day before going on vacation, while not giving it, but by appointing a payment of monetary compensation.