Bright time for annual holidays: is it possible to quit at this time and what is the procedure for registering employees? How to fire an employee during vacation: law, procedure and step-by-step instructions for dismissal Vacation at your own expense

In what cases it is allowed and whether it is possible to quit during the annual leave, we will consider below.

At the initiative of the employer

All cases when an employer can terminate an employment contract with its employee are listed in the Labor Code. Art. 81 of the Labor Code of the Russian Federation (hereinafter, unless otherwise specified, when specifying the articles, they will refer specifically to the Labor Code) gives an exhaustive list of reasons why an employee may be dismissed.

However, it is easy to see that most of these grounds cannot be applied during vacation: for example, while on vacation and physically absent from the workplace, an employee cannot take absenteeism in any way.

However, Art. 81 gives a clear answer to the question: it is impossible to dismiss an employee who is on vacation. The only allowable exception is the complete liquidation of an organization or individual entrepreneur who is an employer.

In all other cases, you need to wait until the employee comes out of vacation or sick leave, and only then deal with him - even if he is responsible for the most gross violations of the law or the company's internal rules.

Can an employer fire an employee who is on vacation? The answer to the question is presented in the video.

Of your own accord

But regarding cases when an employee wants to quit during vacation, the Labor Code does not provide for such restrictions. There are three options when vacation is combined with dismissal:

The video presented tells whether an employee can quit during a vacation.

Without pay

In some cases the employee has the right to take a certain period of rest without paying average earnings during this time(usually this is called a vacation for your own account). Is it possible to quit or be fired during this period?

It must be remembered that even in this case, general rules apply: an employee can apply - and the employer, if he continues to operate as an organization or individual entrepreneur, cannot dismiss the vacationer.

The wording used in Art. 81 is unambiguous: we are talking about all holidays - annual, additional, taken at one's own expense, etc. If an employee is not present at work, he cannot be fired.

Necessary actions

In the event that an employee decides, while on leave without pay, that further work does not suit him, he needs to do this:

Submit an application to the head of the organization. This can be done by personally appearing at work, or by sending a document by registered mail.
Wait 14 days if it was not possible to agree with the management on a faster dismissal, or if Art. 81 allows dismissal at the time chosen by the employee.
Come for your documents or receive them by mail.

Of the documents, only an application is required from the employee - the Labor Code does not provide for other ones.

During the annual holiday

A similar procedure applies if the employee has exercised the right to annual paid rest - and during this period he decided that he no longer wants to work.

When leaving during annual leave, the steps will be the same:

Working off may be required only if from the moment of application to the date of dismissal is less than 2 weeks.

But even there it is necessary to work out only the missing days: vacation days are included in the notice period.

As in the previous case, only a statement is required from the employee. The employer must issue a dismissal order and other personnel documents stipulated by the norms.

When reducing

The question often arises: is it possible to dismiss an employee for reduction if he is on vacation at that moment. On the one hand, this is expressly prohibited by Art. 81 . On the other hand, if the employee himself is not against this option, is it possible to formalize it somehow? First of all, we must remember what the labor law says about dismissal.

Responsibility for violations

In the event that the requirements of the law (in particular, the Labor Code of the Russian Federation) were violated, and the employee who was on vacation with the retention of his position was nevertheless fired, the guilty party will be punished. It is provided for by several branches of legislation. So, Code of Administrative Offenses of the Russian Federation in Art. 5.27 provides for the following types of punishment for the guilty person:

a fine for officials - from 1 to 5 thousand rubles;
for individual entrepreneurs - from 1 to 5 thousand;
for organizations - from 30 to 50 thousand rubles.

In the event that the perpetrators have already been held accountable for violation of labor rights, the fine for officials increases to 20 thousand (and at a minimum - at least 10), the same amounts for individual entrepreneurs, and for organizations - already from 50 to 70 thousand.

In this case, officials may additionally be disqualified. Moreover, the guilty employer will have, according to Art. 234 to pay the injured employee the average earnings for the accounting period for the period of consideration of the case - that is, at least for a month, maximum - for 2 months.

In addition, the victim can be reinstated at work. These are the measures under the labor law. Finally, the employee may demand that he be compensated for non-pecuniary damage (Article 51, Article 1099 of the Civil Code of the Russian Federation). This is a liability under civil law.

1099 article of the Civil Code of the Russian Federation. General provisions

The grounds and amount of compensation to a citizen for moral damage are determined by the rules provided for by this Chapter and Article 151 of this Code.
Moral damage caused by actions (inaction) that violate the property rights of a citizen is subject to compensation in cases provided for by law.
Compensation for moral damage is carried out regardless of the property damage subject to compensation.

Conclusion

It is easy to see that dismissal of an employee who spends his vacation requires compliance with all the subtleties of the law- and perhaps not in all cases.

Otherwise, the employer will at least have to give unpleasant explanations to the Federal Labor Inspectorate or the prosecutor's office, and, as a maximum, pay fines and compensation. This can be avoided only by observing all the norms of the law and taking into account the will of the employee.

November 19, 2018

You can provide leave at your own expense before dismissal, but such a mechanism is not provided for by the Labor Code of the Russian Federation.
This requires 2 applications: one for a vacation at your own expense, and the second for dismissal of your own free will, they cannot be combined.
In this case, the work book is issued on the last day of vacation.
In accordance with Art. 127 of the Labor Code of the Russian Federation, at the written request of the employee, unused vacations can be granted to him with subsequent dismissal (except in cases of dismissal for guilty actions). Then the last day of vacation is considered the day of dismissal. But this article talks about paid holidays. Unpaid leave with subsequent dismissal is not provided for by the Labor Code.
However, employers often apply this rule by analogy. Especially in cases where the employee did not use the administrative leave due to him and decided to quit. In response, Rostrud, in Letter N 5277-6-1 dated December 24, 2007, noted that the employer can give the employee leave with subsequent dismissal, but this is a right, not an obligation.
The employer cannot refuse unpaid leave to persons entitled to it. Since the procedure for the corresponding dismissal is not provided for by the Labor Code, this method is suitable: take two applications from the employee - for leave without pay and for dismissal of their own free will, issue two orders and dismiss the employee according to general rules.
Normatively, the situation with the issuance of a work book in such a situation is not regulated, we believe that in this situation it is necessary to issue a work book to an employee on the last day of vacation.
If you have granted an employee unpaid leave in accordance with Art. 128 of the Labor Code, and the employee has expressed a desire to quit after its completion, then until the date of dismissal indicated by him, he retains the right to withdraw the application for dismissal. All personnel documents for the dismissal of such an employee in accordance with Art. 84.1 of the Labor Code of the Russian Federation must be issued and issued to the employee on the last day of the termination notice period.
The day of dismissal will be the last day of the notice period, i.e. in your case, the last day of vacation without pay, it is this date that you indicate in the order for dismissal and the work book of the employee.
This conclusion is based on the following:
The day of dismissal, as a rule, is the last working day of the employee, unless the employee retained his place of work. When granting leave at one's own expense, the place of work is retained by the employee for the entire duration of such leave. Accordingly, the day of termination of the employment contract (day of dismissal) in this case will be exactly the last day of the notice period for dismissal. If it coincides with the last day of vacation, then it is on the specified day that the employer is obliged to issue to the employee all the documents related to his work.
Thus, such a mechanism of the Labor Code of the Russian Federation is not provided. To process such a dismissal, 2 applications are required: one for a vacation at your own expense, and the second for dismissal of your own free will; you cannot combine them. In this case, the work book is issued on the last day of vacation.

Is it possible to dismiss an employee if he is on vacation without saving the salary until 07/02/17, and asks to dismiss him on 06/19/17. The manager is ready to let him go, but how to put it in the documents? Need to make a review from such a vacation?

Answer

Answer to the question:

Make a dismissal on 06/19/2017.

You do not need to interrupt your vacation at your own expense.

You cannot recall an employee from vacation at your own expense. The rules for recall from vacation (Article 125 of the Labor Code of the Russian Federation) apply only to recall from paid annual leave.

The fact that the employee is on vacation at his own expense on the date of dismissal is an obstacle to his dismissal under clause 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation is not. Restriction on or illness established by Part 6 of Art. 81 of the Labor Code of the Russian Federation applies only to cases of dismissal at the initiative of the employer. And your employee quits of his own free will.

The legitimacy of this position is confirmed by Rostrud specialists in a letter dated September 5, 2006 No. 1551-6. The courts take a similar position, see, for example, the appeal rulings of the Samara Regional Court dated February 26, 2014 No. 33-2137 / 14, the Moscow City Court dated January 30, 2014 No. 33-5629, the Moscow Regional Court dated September 25, 2012 No. 33-18061.

On the last day of the employee's work, and also give him:

according to, which was approved by order of the Ministry of Labor of Russia dated April 30, 2013 No. 182n;
other documents at the written request of the employee.

This is stated in part 5 of article 80 of the Labor Code of the Russian Federation and paragraph 4 of article 11 of the Law of April 1, 1996 No. 27-FZ.

If the employee did not work on the day of dismissal, then:

for non-cash wages, carry out the calculation and transfer the total amount, despite the fact that the employee is absent. When paying through the cash desk, pay the corresponding amounts the next day after the employee applied for the calculation (Article 140 of the Labor Code of the Russian Federation);

Details in the materials of the System Personnel:

Situation: Can an employee quit of his own free will during a period of illness or vacation

The employee has the right to quit of his own free will and during the period when he was absent from work, for example, was on sick leave or on vacation. At the same time, the date when he wants to quit may be earlier than the date when his vacation or illness ends. Article 80 of the Labor Code of the Russian Federation does not prohibit this. The law limits the dismissal of an employee during illness or vacation only when he is dismissed at the initiative of the administration. This is evidenced by article 81 of the Labor Code of the Russian Federation. The legitimacy of this position is confirmed by Rostrud specialists in a letter dated September 5, 2006 No. 1551-6. The courts take a similar position, see, for example, the appeal rulings of the Samara Regional Court dated February 26, 2014 No. 33-2137 / 14, the Moscow City Court dated January 30, 2014 No. 33-5629, the Moscow Regional Court dated September 25, 2012 No. 33-18061.

Therefore, if the employee has filed a letter of resignation, but on the day when the term of notice of dismissal expires, is on sick leave or on vacation and has not filed a letter of resignation, then the employer has no reason to shift the date of dismissal on his own initiative (appeal ruling of the Supreme Court of the Republic Karelia of March 15, 2013 No. 33-674/2013). The employment contract must be terminated on the day indicated in the application, and in the general case, a notice should be sent to the employee that he was fired, with a request to receive a work book and.

Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment

Arbitrage practice:

The employer fired the employee during the period of illness

According to Part 6 of Article 81 of the Labor Code of the Russian Federation, the dismissal of an employee during his period of temporary incapacity for work and during his vacation is not allowed only at the initiative of the employer (with the exception of the case of liquidation of the organization or termination of activity by an individual entrepreneur). If the employee wrote a letter of resignation of his own free will and is on sick leave on the date of dismissal, while he did not send a withdrawal of the letter of resignation, then his dismissal is lawful.

The legitimacy of the position is confirmed by:

Appeal ruling of the Supreme Court of the Republic of Karelia dated March 15, 2013 No. 33-674/2013
Appeal ruling of the Moscow City Court dated September 10, 2012 No. 11-20016

With respect and wishes for comfortable work, Tatyana Kozlova,

Expert Systems Personnel

The Labor Code does not regulate many issues related to the provision of unpaid leave. Can an employee take such leave with subsequent dismissal? Can an employer withdraw an employee from vacation at his own expense? Are vacations cumulative if the employee is entitled to them for several reasons? The answers to these and other questions are in the article.

Before considering the 10 most interesting situations related to the provision of unpaid leave to employees, let's talk about the types of such leaves and the features of their provision.

Three types of vacations at your own expense

Unpaid leave is granted on the basis of written applications from employees. Holidays can be roughly divided into three types. These are vacations, the provision of which:

- right of the employer;

- his duty;

- the obligation of the employer, if it is established in a collective agreement or industry agreement.

What types of vacations are included in each of the above types?

Vacation at own expense for family reasons and other valid reasons

The employer may (but is not obliged) to provide such leave to the employee on the basis of his written application. The duration of the leave is determined by agreement between the employee and the employer (Article 128 of the Labor Code of the Russian Federation). That is, in order for the leave without pay to take place, a written application from the employee and the consent of the employer are required.

Leave without pay for the privileged category of employees

The employer is obliged to provide such leave in accordance with the provisions of Part 2 of Article 128, Articles 173 and 174 of the Labor Code of the Russian Federation, Law of the Russian Federation of January 15, 1993 N 4301-I “On the Status of Heroes of the Russian Federation and Full Cavaliers of the Order of Glory” and federal laws:

- dated 09.01.97 N 5-FZ "On the provision of social guarantees to the Heroes of Socialist Labor and full holders of the Order of Labor Glory";

- dated 27.05.98 N 76-FZ "On the status of a serviceman";

- dated 06.05.2011 N 100-FZ "On voluntary fire protection";

- dated 02.03.2007 N 25-FZ "On municipal service in the Russian Federation";

- dated July 27, 2004 N 79-FZ "On the state civil service of the Russian Federation";

- dated 10.01.2003 N 19-FZ "On the election of the President of the Russian Federation";

- dated 18.05.2005 N 51-FZ "On the election of deputies of the State Duma of the Federal Assembly of the Russian Federation";

- dated 12.06.2002 N 67-FZ "On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation."

To provide this type of leave, the consent of the employer is not necessary, only a written application from the employee is necessary.

Additional leave at own expense for carers

The provision of such holidays is an additional guarantee for employees with children. The categories of persons who may be granted such leave are listed in Article 263 of the Labor Code of the Russian Federation. The condition for the provision of these holidays must be provided for in the collective agreement or industry agreement.

Additional leave is granted upon a written application of the employee at a convenient time for him. This leave can be added to the annual paid leave or used separately in whole or in parts. The Labor Code does not allow to transfer it to the next working year.

The right to additional leave without pay is granted to employees-parents from the year the child is born to the year the child turns 14 or 18 years old inclusive (Article 263 of the Labor Code of the Russian Federation).

Note.Leave is granted to both parents - employees of the same organization, regardless of whether it is used by the second parent or not (Article 263 of the Labor Code of the Russian Federation).

cheat sheet

To which employees the employer is obliged to provide leave at their own expense upon their written application

Vacation duration	Employee category	Base
1	2	3
Leave granted at the written request of the employee in accordance withArticle 128Labor Code of the Russian Federation
Up to 5 calendar days	Employees, including those performing alternative service*, in cases of the birth of a child, marriage registration or death of close relatives	Paragraph 6 of Part 2 of Article 128 of the Labor Code of the Russian Federation
Up to 14 calendar days	Working old-age pensioners (by age)	Paragraph 3 of Part 2 of Article 128 of the Labor Code of the Russian Federation
Parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received in the performance of military service duties, or as a result of a disease associated with military service	Paragraph 4 of Part 2 of Article 128 of the Labor Code of the Russian Federation
Up to 60 calendar days	Working disabled people	Paragraph 5 of Part 2 of Article 128 of the Labor Code of the Russian Federation
Estimated number of calendar days	Part-time workers, if the duration of annual leave at the main place of work is longer than part-time	Part 2 of Article 286 of the Labor Code of the Russian Federation
Spouses of military personnel, if the duration of their annual leave is less than the duration of the spouse's leave	Clause 11 of Article 11 of Federal Law No. 76-FZ of May 27, 1998
No more than 6 months in total with paid annual leave	Employees working in the regions of the Far North and areas equivalent to them, for travel to the place of use of the vacation and back	Part 3 of Article 322 of the Labor Code of the Russian Federation
Leave granted when combining work with study in educational institutions of higher professional education
Up to 15 calendar days	Employees who are admitted to entrance examinations to educational institutions of higher professional education	Paragraph 2 of Part 2 of Article 173 of the Labor Code of the Russian Federation
Students of the preparatory departments of educational institutions of higher professional education for the final exams	Paragraph 3 of Part 2 of Article 173 of the Labor Code of the Russian Federation
Employees for passing intermediate certification	Paragraph 4 of Part 2 of Article 173 of the Labor Code of the Russian Federation
Up to 1 month	Employees to pass the final state exams
Up to 4 months
Leave granted when combining work with studies in educational institutions of secondary vocational education
Up to 10 calendar days	Employees admitted to entrance examinations to educational institutions of secondary vocational education	Paragraph 2 of Part 2 of Article 174 of the Labor Code of the Russian Federation
Employees studying in educational institutions of secondary vocational education in full-time education for passing intermediate certification	Paragraph 3 of Part 2 of Article 174 of the Labor Code of the Russian Federation
Up to 1 month	Employees for final exams
Up to 2 months	Employees for the preparation and defense of the final qualifying work and passing the final state exams
Additional leave without pay, if it is provided for by the collective agreement
Up to 14 calendar days	Employees with two or more children under the age of 14	Part 1 of Article 263 of the Labor Code of the Russian Federation
Employees with a disabled child under the age of 18
The worker is a single mother raising a child under the age of 14
Father-employee raising a child under the age of 14 without a mother
Vacation granted under federal law
Up to 10 calendar days	Volunteer firefighters of territorial divisions of voluntary fire protection	Clause 7 of Article 18 of Federal Law No. 100-FZ of May 6, 2011
Up to 35 calendar days	Persons awarded the badge "Inhabitant of besieged Leningrad"	Article 18 Clause 1 Subsection 9 of the Veterans Act
Combat veterans	Subsection 11 of Section 1 of Article 16 of the Veterans Act
Up to 3 weeks	Heroes of Socialist Labor and full holders of the Order of Labor Glory	Part 2 of Article 6 of the Federal Law of 09.01.97 N 5-FZ
Heroes of the USSR, Heroes of the Russian Federation and full cavaliers of the Order of Glory	Part 3 of Article 8 of the Law of the Russian Federation of 15.01.93 N 4301-I
Up to 60 calendar days	War invalids	Subsection 17 of Section 1 of Section 14 of the Veterans Act
Long holidays
Up to 1 year	municipal employees	Part 6 of Article 21 of the Federal Law of March 2, 2007 N 25-FZ
civil servants	Clause 15 of Article 46 of the Federal Law of July 27, 2004 N 79-FZ
Holidays for the period of election campaigns
From the date of registration of a candidate by the CEC of the Russian Federation (list of candidates) until the day of the official publication of the results of the election of the President of the Russian Federation (deputies of the State Duma)	Members of the election commission with the right of an advisory vote	Clause 3 of Article 16 of Federal Law No. 19-FZ of January 10, 2003 and Clause 4 of Article 22 of Federal Law No. 51-FZ of May 18, 2005
For the term of office	Proxies of candidates, electoral associations	Clause 3 of Article 43 of Federal Law No. 67-FZ of June 12, 2002"

Ten questions about vacation at your own expense

Now consider the 10 most interesting situations related to the provision of unpaid leave to employees.

Question N 1. Is it possible to provide forced leave?

Can an employer, on its own initiative, send an employee on leave without pay?

Labor legislation does not provide for forced leave at one's own expense at the initiative of the employer.

If the employee, through no fault of his own, cannot perform the duties stipulated by the employment contract, the employer is obliged to pay him this time as downtime .

Note.The replacement of downtime through no fault of the employee with forced leave at the request of the employer should be considered illegal.

According to part 1 of article 157 of the Labor Code of the Russian Federation, downtime is paid in the amount of at least 2/3 of the average salary of an employee.

An employer who, on his own initiative, sent an employee on leave without pay, violates labor and labor protection legislation and may be held administratively liable. For this violation, an official may be fined from 1,000 to 5,000 rubles, and an organization from 30,000 to 50,000 rubles. (part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Instead of a fine, an administrative penalty may be imposed on the organization in the form of suspension of activities for up to 90 days.

Note.Repeated violation by an official of labor legislation entails his disqualification for a period of one to three years (part 2 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Question No. 2. Is it possible to provide leave at your own expense on two grounds?

How many days of leave without pay can an employee take if he is entitled to such leave at once for two reasons, for example, as:

— working pensioner (14 calendar days);

— combat veteran (35 calendar days)?

Leave without pay is not cumulative. The employee can only count on the longest vacation possible. In our case, up to 35 calendar days (as a combat veteran) (part 2 of article 128 of the Labor Code of the Russian Federation) (see table on p. 108).

By analogy with additional unpaid leave for people caring for children (Article 263 of the Labor Code of the Russian Federation), the specified leave, upon a written application of the employee, can be attached to the annual paid leave or used separately in whole or in parts. The transfer of this leave to the next working year is not allowed.

Question N 3. Can I refuse to grant leave at my own expense?

Can an employer refuse to grant an unpaid leave to an employee?

If an employee belongs to a privileged category of employees who, in accordance with the provisions of Articles 128, 173, 174 of the Labor Code of the Russian Federation and federal laws, the employer is obliged to provide leave without pay, the employer has no right to refuse him such leave.

But he has the right to refuse to provide the employee with leave at his own expense for family reasons and other valid reasons, if this may adversely affect the activities of the organization.

Moreover, the employer may regard the unauthorized departure of an employee on leave without pay as absenteeism. In this connection, the employment contract can be terminated on the basis of subparagraph "a" of paragraph 6 of part 1 of Article 81 of the Labor Code of the Russian Federation (Appeal ruling of the Moscow City Court dated January 30, 2013 in case No. 11-2971).

Question No. 4. Is dismissal allowed during the vacation period at your own expense?

Can an employer fire an employee during unpaid leave?

Such dismissal is possible only in certain cases:

- if the initiative comes from the employee himself (Article 80 of the Labor Code of the Russian Federation);

- an agreement has been reached between the employee and the employer (Article 78 of the Labor Code of the Russian Federation);

- the organization is liquidated (an individual entrepreneur terminates its activities) (part 6 of article 81 of the Labor Code of the Russian Federation).

Note.In other cases, the employer is not entitled, on its own initiative, to dismiss an employee who is on vacation, including on leave without pay.

Question N 5. Is it allowed to leave the vacation at your own expense ahead of schedule?

Can an employee take early leave at their own expense?

The Labor Code does not regulate the procedure for early exit of an employee from vacation without pay.

The initiator is an employee. If an employee is the initiator of early exit from vacation at his own expense, he must write an application addressed to the head of the organization.

Note.The issue of early retirement is decided by agreement between the employer and the employee.

In case of consent, the employer must issue an appropriate order. The wording of the order may be as follows: “Consider June 17, 2013 as the day the end of vacation without pay. E. E. Skauzov to start work on June 18, 2013. Reason: E. E. Skauzov’s statement dated June 11, 2013.” The employee must be familiarized with the order against signature.

If the employer does not agree, he puts his resolution on disagreement on the employee's statement.

The initiator is the employer. If the employer is the initiator, he must notify the employee of the recall from vacation at his own expense. On the notice, the employee will express his agreement or disagreement.

Upon receipt of the consent of the employee, the employer issues an order to recall the employee from vacation without pay. The wording of the order may be as follows: “In connection with the production need to recall researcher E.E. Skauzov from June 18, 2013 from vacation without pay.” The employee must be familiarized with the order against signature.

In both cases, in section VIII of the employee's personal card, clarifications are made on the actual duration of the vacation.

Question N 6. Is the vacation extended for non-working holidays?

Is it necessary to extend unpaid leave for the period of non-working holidays?

According to part 1 of article 120 of the Labor Code of the Russian Federation, non-working holidays are not included in the number of calendar days of the annual main or annual additional paid leave.

But the effect of Article 120 of the Labor Code of the Russian Federation does not apply to holidays without pay. Therefore, if non-working holidays fall on unpaid leave, then they are included in the number of calendar days of such leave, without extending it.

Example 1. An employee wrote an application for leave without pay from June 1 to June 19, 2013 (19 calendar days). This period includes a holiday non-working day on June 12. On what day the employee should go to work - June 20 or 21?

Solution. A non-working holiday on June 12, which fell on the period of leave without pay, is included in the period of such leave, without extending it. The employee must return to work on June 20.

Question No. 7. Is a leave granted at one's own expense for several hours?

Labor law does not establish a minimum or maximum duration of unpaid leave. Part 1 of Article 128 of the Labor Code of the Russian Federation states that the duration of such leave is determined by agreement between the employee and the employer. At the same time, all types of leave according to the Labor Code are granted in calendar or working days, in particular:

- annual basic paid leave - 28 calendar days (part 1 of article 115 of the Labor Code of the Russian Federation);

- annual additional paid leave for employees with irregular working hours - at least three calendar days (part 1 of article 119 of the Labor Code of the Russian Federation);

- Paid leave for employees engaged in seasonal work - two working days for each month of work (Article 295 of the Labor Code of the Russian Federation).

It is more expedient to provide the employee with leave at his own expense in days, and not in hours.

In the Internal Labor Regulations, the employer may fix the following provision: “For family reasons and other valid reasons, the Employee may be granted leave without pay for the number of working days agreed with the Employer, if this does not lead to violation of the deadlines and disruption of current work, to which The employee is directly related. The Employee must promptly notify the head of the structural unit of the provision of such leave in compliance with the order of subordination. Leave without pay is granted on the basis of a written application of the Employee and is issued by order (instruction) of the General Director. By agreement with the head of the structural unit, the employee can make up for unworked working time during the accounting period.

That is, one day the employer will put down the employee in the report card, for example, 6 working hours, and on the other day, when he makes up for these unworked hours, 10 hours.

All changes in the working time schedule must be agreed in writing to avoid conflicts.

In the application for leave without pay, the employee can indicate the day when he is ready to stay at work.

Question N 8. How to reflect the period of "vacation at your own expense" in the report card?

How to reflect the period of vacation without pay in the time sheet?

In the time sheet, the vacation period is indicated depending on the type of such vacation. So, the period of leave without pay:

- provided to the employee for family reasons and other valid reasons with the consent of the employer, is indicated in the report card with the letter code DO or digital 16;

- the provision of which is the responsibility of the employer, is marked in the report card with the letter code OZ or digital 17;

- provided in accordance with a collective agreement or industry agreement, in the report card is marked with the letter code DB or digital 18.

The duration of unpaid leave is important not only for recording the attendance at work in the report card. The length of service calculated for the purpose of granting annual paid holidays depends on it.

Question N 9. How does a vacation at one's own expense affect the vacation period?

How does the duration of unpaid leave affect the length of service for annual paid leave?

Vacations at their own expense, provided at the request of the employee, are included in the length of service, giving the right to the annual basic paid leave, but only to the extent not exceeding 14 calendar days during the working year (paragraph 6, part 1, article 121 of the Labor Code of the Russian Federation) .

If an employee used a vacation at his own expense lasting more than 14 calendar days, his working year is shifted by the number of days in excess.

Example 2. E. E. Skauzov has been working at Liverpool OJSC as a researcher since March 12, 2012. Every year, as a combat veteran, he takes an unpaid leave of 35 calendar days. In 2012, he took the specified vacation from October 1 to November 4. How will this affect the calculation of the length of service that gives the right to annual paid leave?

Solution. In the first working year of an employee (from March 12, 2012 to March 11, 2013), out of 35 calendar days of unpaid leave, only 14 calendar days will be included in the work experience for vacation (paragraph 5, part 1, article 121 of the Labor Code of the Russian Federation).

The start of the employee's second working year will be shifted by 21 calendar days (35 calendar days - 14 calendar days). Therefore, his second working year will be from April 2, 2013 to April 1, 2014.

Note that the days of unpaid leave are excluded from the calculation period when calculating the average earnings, regardless of its duration (subparagraph “e”, paragraph 5 of the Regulation on average earnings, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922).

In addition, the period of stay on such a vacation is not included in the length of service taken into account when assigning a pension (part 1 of article 10 of the Federal Law of December 17, 2001 N 173-FZ).

Question No. 10. Can an employee take a vacation at his own expense with subsequent dismissal?

The Labor Code does not provide for the provision of unpaid leave with subsequent dismissal. There is such a norm only for unused paid holidays - basic and additional (part 2 of article 127 of the Labor Code of the Russian Federation).

In practice, employers often apply this rule to holidays at their own expense by analogy (determinations of the Moscow City Court of February 15, 2013 N 4g / 7-788 / 13 and of December 6, 2011 in case N 33-40058).

According to Rostrud, the employer can grant the employee leave with subsequent dismissal, but this is his right, not his obligation (letter dated December 24, 2007 N 5277-6-1).

Note. Leave followed by dismissal

When granting leave with subsequent dismissal, the day of dismissal is considered the last day of vacation (part 3 of article 127 of the Labor Code of the Russian Federation). It is the last day of vacation that the record of dismissal in the work book of the employee should be dated. Moreover, the last day of work will be the last day the employee goes to work. That is, in fact, labor relations with an employee are terminated with the start of his vacation (Determination of the Constitutional Court of the Russian Federation of January 25, 2007 N 131-O-O and letter of Rostrud of December 24, 2007 N 5277-6-1).

As you can see, in this case, the concepts of “day of dismissal” and “last day of work” do not coincide. This means that it is necessary to give the work book and make a full settlement with the employee before he goes on vacation - on the last day of work (part 5 of article 80, articles 84.1 and 127 of the Russian Federation).

When granting leave with subsequent dismissal, the employee has the right to withdraw his application for dismissal before the start of the vacation, if another employee is not invited to his place in the transfer procedure (part 4 of article 127 of the Labor Code of the Russian Federation).

An alternative to dismissal at the end of unpaid leave may be the dismissal of an employee of his own free will. Only in this case, he must notify the employer about this in writing no later than two weeks in advance (part 1 of article 80 of the Labor Code of the Russian Federation).

The employment contract may also be terminated before the expiration of the specified period, if the employer does not object to the dismissal of the employee (part 2 of article 80 of the Labor Code of the Russian Federation).

Note.The specified period begins the next day after the employer receives the employee's application for dismissal (part 1 of article 80 of the Labor Code of the Russian Federation).

On the day the employment contract is terminated, the employer is obliged to issue a work book to the employee and make settlements with him in accordance with Article 140 of the Labor Code of the Russian Federation (part 4 of Article 84.1 of the Labor Code of the Russian Federation). Since the employee does not work on the day of dismissal, the employer is obliged to send him a notification about the need to appear for a work book or agree to send it by mail (part 6 of article 84.1 of the Labor Code of the Russian Federation).

The employer is obliged to make settlements with the employee no later than the next day after the employee's demand for settlement is presented (part 1 of article 140 of the Labor Code of the Russian Federation).

Is it possible to fire an employee during vacation without pay. Dismissal on the last day of vacation without pay. Do I need to pay for the last day of vacation?

Question: If an employee wrote an application for unpaid leave and came to leave on the last day of this leave, do I need to pay for this last day?

Answer: The answer depends on the reason for the dismissal.

An employee can be fired during vacation without pay if he himself wrote a letter of resignation. There are no restrictions on this subject in the Labor Code of the Russian Federation. The same can be said about dismissal by agreement of the parties: employee and administration of the organization. In this case, the employment contract can be terminated at any time (Article 78 of the Labor Code of the Russian Federation).

It is possible to dismiss an employee during the vacation period, even when the termination of the employment contract occurred due to circumstances beyond the control of the parties to the employment contract (Article 83 of the Labor Code of the Russian Federation).

The organization does not have the right to dismiss an employee during the vacation period on its own initiative(Article 81 of the Labor Code of the Russian Federation). This can only be done when the vacation is over and the employee returns to work.

If you dismiss an employee not on the initiative of the employer, but for other reasons, do not pay the last day of vacation at your own expense. Make sure that this day is marked as non-working in the report card.

Rationale

Is it possible to fire an employee during vacation without pay

An employee can be fired during a vacation without pay if he himself wrote a letter of resignation. There are no restrictions on this subject in the Labor Code of the Russian Federation. The same can be said about the dismissal by agreement of the parties: the employee and the administration of the organization. In this case, the employment contract can be terminated at any time (Article 78 of the Labor Code of the Russian Federation).

The organization does not have the right to dismiss an employee during the vacation period on its own initiative (Article 81 of the Labor Code of the Russian Federation). This can only be done when the vacation is over and the employee returns to work.

Answered by Alexander Sorokin,

Deputy Head of the Operational Control Department of the Federal Tax Service of Russia

“CCP should be used only in cases where the seller provides the buyer, including its employees, with a deferral or installment plan for paying for their goods, works, services. It is these cases, according to the Federal Tax Service, that relate to the provision and repayment of a loan to pay for goods, work, and services. If an organization issues a cash loan, receives a return of such a loan, or itself receives and repays a loan, do not use the cash desk. When exactly you need to punch a check, look at

It might be useful to read: