How to write an application for leave with subsequent dismissal of your own free will, so as not to be refused - sample

Pros and cons of such dismissal

Registration of rest before dismissal has its positive and negative sides both for the employee himself and for the company’s management.

For employee

Advantages:

• The main advantage is that you don’t have to work for 2 weeks before leaving.
• A person resigning for the entire vacation period retains the rights of an employee of the company, and this vacation is included in his length of service. During rest with further dismissal, the employee can issue a sick leave, which will be paid to him.
• In addition, he will have time to calmly find a new job.

Minuses

The main negative aspect of leave with further dismissal is that he is deprived of the right to withdraw his application for dismissal during this period of rest. This right remains with him until he goes on vacation.

Therefore, if he changes his mind, it will be possible to return only with the permission of the employer under a new employment contract.

For the employer

Advantages

When an employee goes on vacation with further dismissal, the employer receives a guarantee that this employee will not be able to withdraw his application and will return to the company.

Minuses. Presenting a period of rest with further dismissal for the administration poses a number of problems:

• Firstly, it is necessary to look for a new employee for the company, and this may take time.
• Secondly, all settlements with the resigning person must be made before he goes on vacation. In this regard, problems may arise when calculating and transferring personal income tax, insurance premiums, etc.

In order not to regret the consequences of an incorrect decision, you need to take into account all the positive and negative aspects of its implementation.

In addition, the entire period of unused vacation will be included not only in the insurance period, but also in the continuous professional experience. This is important, first of all, for doctors, teachers, miners, workers in hazardous industries and other specialists who are subject to certification or preferential pension provision.

A way to quit on the last day of vacation using the mechanism of Art. 127 of the Labor Code of the Russian Federation, is more suitable for those who have not used their right to rest with guaranteed payment for a long time. Such a procedure will allow the specialist to immediately begin searching for a new place, being fully confident that he will not be kept at his previous location for another two weeks.

Writing sample

You can find a sample report on the Internet. Regardless of the type of military service, the subject must draw up a report in compliance with the structure.

The document requires the following information:

• to whom it is addressed;
• who is the applicant;
• the reason for going on leave with subsequent dismissal;
• for what period of time rest is taken;
• additional certificates must be attached to the report that confirm the reason for leaving (the conclusion of the attending doctor, a decree from a higher educational institution about the start of exams, and so on);
• the compiler must put his signature and give its explanation;
• Next, you need to insert the exact date of compilation.

In addition to these points, the serviceman must make reference to the law on the basis of which the leave is based.

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Normative base

If the decision to leave your previous job was not made spontaneously, you can and should prepare for it. The basics of the process are set out in the Labor Code of the Russian Federation:

• Article 80 – settlement at the initiative of the hired person, notification must be sent no later than two weeks before the desired date;
• Article 78 – agreement of the parties on the departure of a specialist; termination of the contract can be carried out within one day;
• Article 72.1 – transfer to another place or elected post;
• Article 127 – termination of the contract after the end of the next vacation.

In the case of using all unused days of paid or unpaid rest before leaving, the last article 127 describes only the separation mechanism. In personnel documents and labor documents, you must indicate one of the general grounds listed in Art. 77 Labor Code of the Russian Federation.

The procedure for dismissal from the Ministry of Internal Affairs of the Russian Federation

To begin the procedure for leaving a position, an employee must first submit a report of resignation from the Ministry of Internal Affairs of his own free will.

The immediate procedure for removing a person from office is as follows:

30 days before the planned date of dismissal, the person sends a report to the boss, indicating the corresponding desire. If both parties reach agreement, dismissal may occur earlier than the agreed date.

Sample application for leave followed by dismissal

Leave followed by dismissal is granted to the employee based on his written application. In this case, the day of dismissal will be considered the last day of vacation.

Providing leave before dismissal to an employee is a right, not an obligation of the employer. Of course, this does not apply to the case when the employee’s next vacation before dismissal is provided for in the vacation schedule.

Leave with subsequent dismissal is not provided to an employee whose employment contract is terminated for his guilty actions.

Let us also recall that when granted leave with subsequent dismissal, the employee has the right to withdraw his resignation letter before the start date of the leave, if another employee is not invited to take his place by way of transfer.

In the working time sheet according to form No. T-12 or No. T-13 (approved by Resolution of the State Statistics Committee of January 5, 2004 No. 1), the days of vacation preceding dismissal are reflected as ordinary “vacation” days:

• if this is the main paid leave, then the letter code “OT” or the numeric code “09” is indicated;
• if the employee is on additional paid leave, then the time sheet must be marked “OD” or the digital code “10” must be indicated.

If there are holiday weekends during the vacation, then, as we have already noted, they do not reduce the duration of the vacation, and therefore are reflected in the timesheet as regular weekends with the letter code “B”, which also corresponds to the digital code “26”.

The first step for taking leave following dismissal is for the employee to submit a written request for it. An application for leave followed by dismissal can be written down by hand, printed on a computer, or use a ready-made template. The main requirement for such a document is the presence of a living signature on it.

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The law does not clearly indicate how exactly to formalize this situation - write one statement indicating both requests, or two different ones: a resignation letter and a leave application. Both options are correct, and in fact this step is determined by the principles of maintaining personnel records in the company.

Attention! Also, writing two statements at once is more convenient if the director refuses to grant leave and decides to simply fire the employee. In the case of a single document, it will need to be rewritten, leaving only the request for dismissal.

For this type of order, you can use the standard T-8 form, or issue an order on company letterhead.

In the column intended to reflect information about the reason for dismissal, the following must be entered: “At the initiative of the employee, paragraph 3 of part 1 of Article 77 of the Labor Code of the Russian Federation.” In the line of the basis for drawing up the order, you must indicate the details of the application completed by the employee.

Important! The main feature of granting leave with subsequent dismissal is the difference between the date of drawing up the order and the date of termination of the contract. In this situation, the date of drawing up the order will be the last day at work before the vacation, but the date of dismissal will need to indicate the last day of vacation.

To order a vacation, you can use a standard form in the T-6 form, or draw up this order on company letterhead.

Filling out an order is no different from the standard case of registering a vacation. The form will need to indicate the period and duration of the vacation, the start and end date. If primary and additional leave are granted simultaneously in the form of leave, then information about them is reflected immediately in one document in sections A and B.

Important! The organization has the right to create its own order form, which will combine orders for leave with further dismissal.

Both orders must be signed by the manager, after which they are handed over to the employee for review. If you need to read the contents of the documents and put a date and signature in each one in a specially designated column.

If for any reason an employee refuses to sign one or all documents, it is necessary to assemble an independent commission that will create a report on this.

The organization must keep a journal in which the responsible employee records each issued order.

When registering, you must indicate the number and date of execution of the order; you must also indicate a brief content of the order and the persons responsible for its execution.

A personal card in the T-2 form is created for each employee when he joins the company for work, and is maintained for the entire period until his dismissal. If the employee is given a period of rest with further dismissal, then two entries will have to be made in the personal card at once.

In Section VIII “Vacation” you need to record information about the provision of a rest period. Here you need to indicate the name of the vacation time, its duration, and the number of days on vacation.

Next, you need to enter information in the section “Grounds for termination of an employment contract.” Here you need to write down the reason for which the dismissal occurs, the date, information about the order issued. All information entered on the card is checked by the personnel officer for errors, after which it is signed.

Attention! The information about the dismissal must be familiarized to the employee, who must sign as proof of this. There is no need to familiarize yourself with the information about granting leave.

A personal account is a special form that must be opened for each employee annually at the beginning of the new year. It is not mandatory for everyone, and therefore small companies usually do not use it, but use this form for companies with a significant number of employees. Small firms, instead of this form, prefer to use a personal T-2 card, and additionally T-49 and T-51 statements.

A personal account has two forms:

• Form T-54 - intended for registration by hand. It must contain information about what amounts were accrued and withheld each month. This is done on the basis of data from other primary documents.
• Form T-54a - it is used when processing data using a computer.

In order to record the presence or absence of an employee at the workplace, accounting sheets are used in forms T-12 and T-13.

It must be remembered that until the day of dismissal, which is the final day of vacation, the employee is still considered to be registered with the company.

The rest period is noted as just a vacation:

• If main vacation days are provided, the codes “OT” or 09 are entered;
• If days of additional leave are provided, codes “OD” or 10 are indicated.

Attention! Marking vacation days is carried out according to all the rules - if a holiday falls during a vacation, then it is not included in the definition of vacation days, and on these days the code “B” or 26 is entered.

The inclusion of any entry in the labor record is determined by a resolution of the Ministry of Labor.

It must be remembered that leave with further dismissal is one of the cases of dismissal at will. Therefore, the entry into the labor record in these situations does not differ. Information that the employee requested a period of vacation before stopping work is not included in the labor report.

The text of the entry is indicated as follows: “The employment contract was terminated at the initiative of the employee, paragraph 3 of Article 77 of the Labor Code of the Russian Federation.” The basis for making an entry is information about the dismissal order. Refer to Art. 80 of the Labor Code of the Russian Federation upon dismissal is prohibited.

The entry of information must be certified by the director of the company or the personnel officer responsible for it. Mandatory stamping has been abolished. The employee who owns the work must read the entry made and sign as proof of this.

We suggest you read: Dismissal when closing a branch is required to be written at your own request

The personnel officer is personally responsible for the correctness of information about dismissal in the labor report. If this was done with an error, then the personnel officer must personally pay the employee the average salary for those days when the employee could not get a job until the error was eliminated.

If an employee has been granted leave with further dismissal, then in these circumstances two documents must be drawn up at once:

• Calculation note in form T-60 in order to determine the amount of vacation pay to be issued.
• Calculation note in form T-61 to determine the amount of payment upon dismissal.

The process for completing each of these documents is very similar. The information on the front sides is entered by the personnel officer or the person responsible for working with personnel in the company. Here you enter the data that is then used to perform the calculation.

On the reverse side of each of these forms there are tables for calculations. Here the information is entered by the accounting accountant.

Important! When filling out the T-61 note, you need to remember that an employee is entitled to compensation for unused vacation upon dismissal only if he requested rest days not in full.

An accountant may have difficulty determining when to make a calculation. But according to the law, the issuance of money must be carried out in two stages.

First, 3 days before the start of the rest period, the employee must be given vacation pay. At the same time, the law prohibits combining the transfer of this amount with other payments - advance payment, salary, etc. It is also impossible to move the payment date forward if, according to the calendar, it falls on a weekend or holiday. In this situation, you need to issue vacation pay before the start of such days.

Next, on the last day of work, you need to list:

• The amount of salary for the last month of work;
• The amount of compensation for unused vacation, if it was not requested by the employee in full;
• Severance pay - when it is provided for by a collective agreement or labor agreement between the parties, or local documents.

Strong arguments for dismissal

All prerogatives and obligations of law enforcement officers are observed by departmental legislative acts. First of all, these are obligations related to the specifics of the employees’ profession. Processes and principles are established and also prescribed by legislative acts, which subsequently guarantee the execution of civil prerogatives.

The civil rights of law enforcement officers are protected by legal acts. The reasons for reasoned dismissal are described in detail in the Law “On Official Activities”. Reasons for dismissal include various factors, divided into several types:

1. Personal initiative of the employee—dismissal on standard grounds.
2. Initiative of the management corps in case of excess and/or misuse of rights and obligations. Depending on the situation, paperwork has its own characteristics.

In situations of personal initiative, a law enforcement officer has the right to resign based on standard factors. They include the following options:

1. Expiration of the concluded service contract.
2. Upon reaching retirement age.

These are the main features. There are also family circumstances:

1. The need to care for a minor child in a single-parent family.
2. The need to care for a close relative.
3. Pregnancy/maternity leave.
4. The wages/salary received are not enough to provide for the family.

All these factors should be taken as a sample for filling out the document. You will need to use the desired preposition and write it on the paper.

At the same time, upon dismissal, an employee most likely has days of unused vacation. In such a situation, the application contains a note in the text: “I ask you to provide leave from ____ to _____ with subsequent dismissal, in accordance with Art.

51, clause 6 of the Law of the Russian Federation “On Persons liable for Military Service”.

The application is reviewed by unit commanders and unit leaders and approved by a resolution, under which the decision made (to approve or refuse) is indicated. After completing this procedure, the serviceman is considered “demobilized.”

Additionally, the law of the Russian Federation provides for fourteen days of “downtime”. During this period, the employee is on staff. The employer and employee retain the prerogative to claim unused leave. It is possible to compensate for these days with financial resources.

All established standards must be observed by law enforcement officers. In situations of non-compliance with standards, an internal internal investigation is carried out. During the investigation, the extent of the violation is determined.

When conducting an internal investigation, all circumstances leading to the counteraction are considered, as well as all previous awards of the employee and relationships at work with colleagues.

Order on granting leave with subsequent dismissal

Every person who works under an employment contract has the right to leave (Part 5

Constitution of the Russian Federation,

Labor Code of the Russian Federation).

At the same time, during the period of the next vacation, the employee, in accordance with labor legislation, retains his place of work (position), as well as his average earnings (Article 114 of the Labor Code of the Russian Federation).

Paid leave must be provided to an employee regardless of his place of work, shift, form of remuneration, position held, term of the employment contract, organizational and legal form of the employer, etc. Therefore, leaves are provided, including to those who work:

• part-time (Article 287 of the Labor Code of the Russian Federation);
• on a part-time basis (Article 93 of the Labor Code of the Russian Federation);
• at home (Article 310 of the Labor Code of the Russian Federation);
• remotely (Article 312.4 of the Labor Code of the Russian Federation).

At the same time, leave is not granted to persons with whom civil law contracts have been concluded (Article 11 of the Labor Code of the Russian Federation).

The working year for which the employee is granted annual paid leave is counted from the date the employee starts work, and not from January 1 (Article 123 of the Labor Code of the Russian Federation).

As for the first year of work with a new employer, the employee has the right to use vacation after 6 months. But by agreement with management, a newly hired employee can go on vacation earlier (Article 122 of the Labor Code of the Russian Federation).

The next paid vacation can be granted to an employee at any time during the calendar year in accordance with the vacation schedule (Article 122 of the Labor Code of the Russian Federation). Each employer approves such a schedule no later than 2 weeks before the start of the calendar year. This means that no later than December 17 of the current year, a vacation schedule for the next year must be drawn up and approved (Article 123 of the Labor Code of the Russian Federation).

If an employee is going on vacation as scheduled, then there is no need to take an application from him for another vacation. In this case, it is necessary to send him a notice of vacation 2 weeks before the start of the employee’s vacation or earlier against signature (Article 123 of the Labor Code of the Russian Federation). There is no approved form for such notification, so the employer has the right to decide for himself how to notify the employee (No. 1693-6-1 Letter of Rostrud dated July 30, 2014).

In addition to the notification, it will be necessary to issue an order to grant leave to the employee or employees in form No. T-6 or No. T-6a, respectively (approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1).

Vacation must be paid no later than 3 calendar days before the start date of the vacation (Article 136 of the Labor Code of the Russian Federation).

The Labor Code of the Russian Federation provides for several cases when leave should be extended or postponed taking into account the wishes of the employee. This applies to situations where an employee during annual leave (Article 124 of the Labor Code of the Russian Federation):

• fell ill or was injured. In this case, benefits for days of temporary disability are paid to the employee in the general manner (No. 02-13/07-4830 Letter of the Federal Social Insurance Fund of the Russian Federation dated 06/05/2007);
• performed government duties for which the law provides for exemption from work. For example, he was a juror in court (Article 10, No. 113-FZp. 3, Article 11 of the Law of August 20, 2004).

If an employee, while on vacation, immediately notifies his employer of illness or the performance of government duties, then his vacation can be automatically extended by the appropriate number of days (clause 18 of the Rules on regular and additional vacations, approved by the People's Commissariat of Labor of the USSR on April 30, 1930 No. 169) . In this case, there is no need to issue a separate order for extension. As a result, the employee will return to work later than the originally established end date of the vacation.

If the employee goes to work in accordance with the vacation schedule and only then informs the employer, for example, that he was sick, then he will need to agree on the issue of transferring part of the vacation to another date. The employee will have to write an application to postpone the vacation.

By the way, if sick leave was issued due to the need to care for a sick family member, then leave for the period of incapacity is not extended or transferred (clauses 40, 41 of the Procedure to the Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n, No. PG/4629-6 -1Letter from Rostrud dated 06/01/2012).

• granting leave (unified No. T-6form or No. T-6a);
• on termination of the employment contract (unified No. T-8 form or No. T-8a).

Failure to fulfill duties

All points of the dismissal procedure must be followed

- first of all, you should inform the employee of the date of dismissal under the resolution and pay wages, as well as the amount for unused vacation. The employee must receive all payments due to him.

Failure to comply with these points may result in administrative penalties from management. They can be presented as a result of the refusal of the governing bodies to accept the application for dismissal.

In such a situation, a proven method is used - the resignation letter is sent by mail - with mandatory notification of its receipt. In this case, the boss will not be able to say that he did not receive any document.

Knowing your rights warns against any possibilities of deception and tricks on the part of unscrupulous department managers. Laws should not be allowed to be broken.

Expert opinion

Kuzmin Maxim Petrovich

Lawyer with 8 years of experience. Specializes in criminal law. Recognized legal expert.

The dismissal of citizens employed by the Ministry of Internal Affairs of the Russian Federation is regulated by special federal legislation, which is in many ways similar to the provisions of the Labor Code of the Russian Federation. However, the code is not the main standard regulating this issue.

One of the features of removing a military personnel from duty is the need to draw up a report on dismissal from the Ministry of Internal Affairs. Other nuances, as well as the procedure itself, will be discussed further.

How to go on vacation with the intention of quitting after it ends?

Step 1: Calculate the employee's length of service with the employer.

Step 2: Determine the number of vacation days that the employee is entitled to for the entire period of his work.

Step 3: Determine the number of vacation days already taken by the employee.

Step 4: Calculate the number of vacation days not taken off.

Kp = Kg/12 *M,

Based on information about the vacations already used by the employee for the entire period of his work with the employer, the total number of vacation days that the employee has already rested is determined.

Kn = Kn - Ki,

where: Kp – the number of vacation days due to the employee for the entire period of his work with the employer, which was found in Step 2;

Ki – the number of vacation days used at the time of dismissal, determined in Step 3.

There are situations when an employee at the time of dismissal used more vacation days than he was entitled to. In this case, it is necessary to make a deduction for the vacation used in advance upon dismissal.

The employer’s right to withhold excess vacation pay is provided for in Art. 137 Labor Code of the Russian Federation. It must be borne in mind that in some cases it will not be possible to retain unworked vacation days. This applies to cases when an employee resigns, for example, due to the liquidation of an organization, conscription for military service and in other cases listed in Art. 137 Labor Code of the Russian Federation.

In general, if an employee takes a vacation in advance and quits, the employer withholds the amount of vacation pay from his salary. This withholding cannot exceed 20% of payments due to the employee after withholding personal income tax (Article 138 of the Labor Code of the Russian Federation).

If the amount of withholding exceeds 20% or the employee is not paid other amounts and there is simply nothing to withhold excess vacation pay from, the employee can repay the debt voluntarily. It is illegal to demand these amounts from him, and especially in court (Part 4 of Article 137 of the Labor Code of the Russian Federation).

To the General Director of Sigma LLC, V.P. Rumyantsev, from the translator of the translation department, E.A. Streltsova.

Statement

I ask you to provide me with annual paid leave from June 25, 2018, lasting 3 calendar days, followed by dismissal at my own request.

18.06.2018

Translator _____________ Streltsova E.A.

1. The employee was sent to rest, and after that he decided to apply.
2. The person announced his resignation in advance and appeals to the employer with a request to terminate the employment contract after the end of all unpaid vacations.

Based on this, the step-by-step algorithm of actions will vary. In the first case, you need to take into account that you can avoid working off work only if the vacation duration exceeds 14 calendar days. Then it follows:

1. Document your leave (at a minimum, get a copy of the order granting it).
2. No later than two weeks before your planned return to work, write a statement of intent to leave. To avoid problems with the employer, it is better to make a copy of the application with the manager’s visa and the fixed date of acceptance of the document.
3. If the application does not indicate the desired date for termination of the relationship, the contract will be terminated exactly two weeks later. The countdown begins from the next calendar day after registration of the written request.
4. You can come for payment on the last day of the contract, that is, on the 14th day after the official delivery of the application to management. Then they will give you your work book.

The option of dismissal after using all accumulated vacations is possible only by agreement with management. Without his consent, the employee will not be able to obtain a deferment of the payment date due to the required rest. If the employer still does not object, then the action plan looks something like this:

1. It is necessary to contact the employer in writing with a request for dismissal under the conditions described in Article 127 of the Labor Code (after using all vacation days).
2. By agreement, vacation can begin either immediately after submitting the application or after two weeks.
3. Pay and work slips will, in fact, be issued the day before the start of the vacation.
4. The moment of final separation will be the last calendar date of the vacation.

In the event that an employee himself wishes to terminate cooperation after the end of his vacation, management must proceed as follows:

1. Record the employee’s initiative on paper, even if the relationship with him remains unspoiled.
2. In the dismissal order, indicate the end date of the vacation if the resignation was announced before it was formalized.
3. If the application was submitted after the start of the vacation, then the calculation must be made on the first day after the end of the vacation period.

Formally, this last day (according to the schedule) will be considered full work.

Can they refuse and what to do in this case?

The command of a military unit does not have the right to deprive a serviceman of his due leave, as this is a direct violation of his rights. If management refuses to provide rest with subsequent dismissal, then the subject has the right to file a corresponding complaint with the military prosecutor’s office.

It should be remembered that the report is the basis for accruing vacation pay and other additional payments to this or that person who is serving in the RF Armed Forces.

If for some reason a person decides to leave his position, but is going to go on vacation as required by law, he needs to draw up a report correctly. This document must indicate the start date of the vacation, the number of days, as well as compelling reasons for leaving.

It must be remembered that all military personnel are entitled to leave twice a year.

Any employee has the right to write a statement of his own free will in order to terminate the employment relationship on his own initiative. Persons serving in internal affairs bodies and the police report their desire to leave the service in the form of a report. How to properly prepare a document, within what time frame and in what order to submit it - later in the article.

Who is provided with an additional one upon termination of the contract?

Labor legislation regulates additional paid leave upon dismissal, which is provided to certain categories of employees (Articles 116 - 119 of the Labor Code of the Russian Federation, other norms of labor legislation and Federal Law):

• working in harmful or dangerous conditions;
• working in the Far North;
• employees receiving higher education in the Western Federal District or the Russian Federal District (for the period of the session);
• disabled people (basic leave increases to 30 days), etc.

Upon termination or termination of a contract, an employee who decides to exercise his right to rest in kind may:

• ask for complete rest (basic + additional);
• ask for one of the vacations, and compensate the second one financially.

In the latter case, the settlement note in Form T-61 will indicate the amount for unused days.

How is it provided in the year of contract completion?

Vacation in the year of dismissal is a situation that applies to military personnel, employees of the internal affairs department, the Federal Penitentiary Service or other bodies, whose service period ends due to length of service.

As an example, let’s take legislation related to military service. In accordance with Art. 11 Federal Law of May 27, 1998 No. 76 “On the status of military personnel” and by Decree of the President of the Russian Federation of September 16, 1999 No. 1237, leave in the year of dismissal:

• provided until the day of expiration of military service;
• main and additional rest are provided sequentially, without interruption;
• is calculated in proportion to the time spent in service, divided by 12 and multiplied by the number of full months of service.

Rest in advance and termination of an employment contract: is work required?

In civil organizations and the Labor Code there is no such concept as “vacation in the year of dismissal”. But often it is understood as the situation of advance leave (leave on account of the next year), which is completely different from military leave.

An employee who has worked in an organization for more than 1 year is given vacation according to a schedule, and it often turns out that he gets his vacation in advance, that is, for the next year.
If he decides to quit during or after his vacation, he should prepare to pay compensation to the employer.

If the employee does not want to voluntarily reimburse the amount, the employer can withhold it, but in the amount of no more than 20% of the salary (Part 1 of Article 138 of the Labor Code of the Russian Federation).

The same amount applies to the calculation of payments due upon dismissal, which is confirmed by both judicial practice and clarifications of Rostrud.

In such cases, the organization’s accounting department is required to:

• calculate the number of vacation days not worked by the employee;
• calculate the amount of money for unworked vacation days;
• adjust reporting documents, including tax reports.

The voluntary dismissal procedure itself will not have any special features: the employee will be required to apply and work for two weeks (not to work off vacation pay, but as a general rule), but a certain amount will be withheld from him upon settlement.