In accordance with the labor legislation, each employee is granted an annual paid regular leave. In addition, the employee can exercise his right to leave with subsequent dismissal. If the employee has not worked all day before the day of dismissal, he will be on vacation all the days laid for the year. Provided that the work experience in one place will be more than six months. But the monetary compensation will be paid with recalculation on the days worked.
Leave with subsequent dismissal can be carried out in two versions:
- receipt of funds in the form of compensation for unused vacation time with simultaneous dismissal;
- use of vacation days for recreation, and then dismissal.
How to properly issue a vacation with subsequent dismissal?
When applying for dismissal with compensation for unused vacation days, there are usually no issues or difficulties for the employee or the employer. But in the case of using an annual leave with subsequent dismissal, the employer may have a number of problems. Employees who violate labor discipline are not entitled to such an action, provided that this violation is the main cause of dismissal.
Dismissal with the granting of leave is not a direct duty of the employer. He may, on his own initiative, refuse to grant leave and pay compensation. Compensation for unused vacation days is paid for any reason for dismissal. This provision is clearly regulated by labor law.
Who is eligible for dismissal after leave?
After the holiday, all people who have a labor contract as the basis for labor relations have the right to resign. Also, provided that the reason for the dismissal was the expiration of the employment contract, if the vacation time goes beyond the end date of the contract in whole or in part. If the employee is granted labor leave with subsequent dismissal, he will not receive monetary compensation. In accordance with the Labor Code, the employee will receive a monthly average salary as a calculation.
How to write a vacation application with subsequent dismissal?
The employee has the right to go on leave with subsequent dismissal in one of two ways:
- Go on a regular work holiday on schedule. In this case, the application for dismissal can be written simultaneously with the application for leave. And you can write it while on vacation.
- Go on leave before dismissal, writing two statements at the same time. In this case, you can leave on vacation, without waiting for your turn in the schedule of holidays.
In any case, in the application for leave, the employee must indicate the date of his commencement and termination. And in the application for dismissal, the date of termination of the employment relationship and the main reason why he leaves work.
How does the dismissal on the last day of vacation?
The employer has the right to combine the last day of leave with the day of dismissal. In this case, it is necessary to take into account that the last day of leave will be considered as the day of dismissal, and the last working day will be the last working day before the holiday.
Dismissal at the end of the leave is made by the employer accordingly. Two orders must be issued.
- The order to grant leave. It is important not to be mistaken with the form of vacation. Since the accounting calculations for the payment of compensation will vary significantly, for example, with the next vacation and when you leave at your own expense.
- The order for dismissal. The basis will be taken by the worker's own desire.