Legislation Russian Federation Many human rights and interests are protected, including the right to the opportunity to work and rest. Not making a mistake in choosing a profession and getting a job is everyone’s personal matter. If for some reason your job has ceased to bring satisfaction, you should think about taking a vacation or take drastic measures and change it to a new one. But first you need to part with the old one. How to quit without making mistakes? What if there is unused rest? One option is to go to another vacation followed by dismissal.
Who can take what to quit immediately?
Article 127 of the Labor Code of Russia guarantees every employee working under both a fixed-term and an open-ended employment contract the right to go on vacation with subsequent dismissal. The only condition is that he has no guilty actions. These include: repeated dishonest performance or gross violation job responsibilities, absenteeism without good reason, embezzlement, coming to work under the influence of alcoholic, toxic, narcotic substances, etc.
If an employee’s documented employment relationship expires, he has the right to ask for leave with subsequent dismissal, even if he ends up outside the term of the contract. Dismissal after vacation has one caveat: the vacation period will not be included in the length of service on a general basis. For whom this point is important, it makes sense to send it to the employer while already on vacation.
Will he provide it or not?
When an employer’s representative receives an application for leave followed by dismissal (a sample will be described below), he has the right to agree on it. federal Service on Labor and Employment (letter dated December 24, 2007 N 5277-6-1) explains that this is only his right, and not one hundred percent obligation. In cases where an employee is required at work, he may be denied days off. The employer’s refusal will be unlawful if the person goes on vacation in accordance with the approved schedule. In general, for the employer’s representative, issue labor leave followed by dismissal is a troublesome procedure. It is easier to give the employee the opportunity to work the period required by the letter of the law and compensate for the vacation in monetary terms.
Do the rules of law stipulate the deadlines for submitting the relevant application for leave and the deadlines for leaving?
At any time, a person has the right to send an application to the employer’s representative for leave with subsequent dismissal. It is not necessary to follow the approved vacation schedule. If the decision to leave coincided with a vacation in accordance with the document defining the vacation order of employees, an application for vacation is not required.
According to the Labor Code of the Russian Federation, the dismissal of an employee (in the absence of any guilty actions) can occur on his own initiative (with his voluntary expression of will) or by agreement of the parties. In this case, the employer must be notified of the intention to leave in advance, at least two weeks in advance. The calculation of the two-week period begins on the second day after the submission of the relevant application. At the same time, the employee has the right to express a wish to take his allotted vacation.
If the parties agree, labor Relations may be terminated early by agreement of the parties, without waiting for the end of the working period. It is possible to take off unused vacation upon dismissal, for example, in cases of staff reduction, change of ownership of the organization, having in hand the corresponding notice of reduction. The presence of circumstances that have arisen, be it the deadline for reaching retirement age and the desire to take a well-deserved rest, full-time admission to educational organization or violation by the employer of the provisions labor law, also serves as the basis for the possibility of using vacation. In this case, the employee has the right to specify the date in the application, but may have to confirm the fact of the circumstances that served as the reason for the decision to leave, for example, with a copy of the order or a certificate of enrollment in a university.
Where to begin?
Before submitting an application, a person must understand exactly how many days of rest he is entitled to on the start date of his vacation. This information will be provided by the HR department. You can take not all days off, but only part of them. If an employee has been registered with the organization for six months, but has not worked for another working year, he is entitled to a full annual basic paid leave of four weeks. The only thing that will be paid is the actual time worked, which is calculated in months: less than half of the month is not counted, more than half is rounded up to the full.
To terminate a documented employment relationship on his own initiative, an employee must prepare two documents to management:
- an application for leave followed by dismissal (a sample is attached below), which specifies the terms and duration;
- resignation letter stating the reason (for at will) and terms of care.
If we're talking about on the agreement of the parties, then again an application for leave with subsequent dismissal is prepared (the sample is similar to that in the case of leaving of one’s own free will), and the employer prepares an agreement on termination of the employment relationship.
To avoid misunderstandings, it makes sense to take a receipt for the employer’s receipt of the applications. You can limit yourself to a mark on their receipt, affixed to copies or second copies.
Application for leave followed by dismissal: sample, structure
Although the statement is written arbitrarily, by hand or typed in printed form on a PC, it has a certain structure, like any other similar official appeal from a citizen. At the top in the right corner of the appeal the addressee and applicant are indicated. The addressee is also the leader: his position, name of the organization, surname, initials (in the dative case) are important here; the applicant is also the author of the appeal: his position, surname and initials (in the dative case) are sufficient. The body of the application must contain a request for days of rest, start and end dates, and total duration. Required: the note “with subsequent dismissal”, signature and date.
To the head of LLC "Investcom"
Ivanov I. I.
sales specialist
Sidorova T. T.
Statement
Please provide the annual main one from April 2, 2015, lasting 14 calendar days, followed by
The structure of the resignation letter will be similar.
To the head of LLC "Investcom"
Ivanov I. I.
sales specialist
Sidorova T. T.
Statement
Applications for leave and dismissal have been submitted. What's next?
If the employer has signed both applications, then all necessary procedures for correct documentation and financial calculation. The first thing that needs to be prepared are orders on the approved unified forms: on granting leave and on dismissal, which the employee gets acquainted with under signature. Based on the signed orders, vacation calculations with subsequent dismissal are prepared and carried out. It includes two components: vacation pay and the balance of cash payments due to the employee. This includes: salary, bonuses, vacation compensation upon dismissal. Therefore, for accounting, it is important to have certificates and calculations prepared by the HR department indicating how many days a person will be on vacation, and what part of it will have to pay compensation.
Play on words
According to the Labor Code of the Russian Federation, dismissal in our case is carried out on the final day of vacation. The termination of the employment contract will date back to the last day of the person’s stay at work. For us, this is the day that precedes the start of our vacation.
Terms of payments and issuance of labor
As for vacation pay, following general rule, the accounting department needs to calculate them and have time to transfer them (hand them over) to the employee three days before he goes on vacation. The work book and the due final payment in connection with leaving work, including compensation for leave upon dismissal that remains unused, must be made on the last working day, since the person does not return to work from leave. If necessary, the employee has the right to receive other documents, including copies of them, certified in accordance with the procedure established by law, related to work. It is mandatory to obtain a certificate from the accounting department in form 2-NDFL for the last two years for probable payment of sick leave at a new place of work.
Dismissal after vacation: work report not received on time
What to do if a person’s last working day falls on a weekend or holiday. Perhaps the employee was not at work that day, was on a business trip and was not able to receive documents and payment. Since it is impossible to issue a work permit before the due date, the issuance of documents and money must be carried out on the first working day after the weekend, holiday or the last working day of the resigning employee. Although in this situation the person is already on vacation. To do this, a notification letter should be sent to the employee with a request to come and receive a work report and payment at the place of work or agree on the possibility of sending a work report by post(if the payment is transferred to a bank account). This notice will serve as the basis for removing responsibility from the employer for failure to comply with the deadlines for handing over the work book. Upon written request, the dismissed employee should be issued a work permit within three working days.
Changed my mind about quitting
If plans have changed, the employee has the right to withdraw his resignation letter before going on vacation if another employee has not yet been invited to take his place by way of transfer. But, being already on vacation, he has no right to turn back the clock and refuse the decision made. Having addressed the employer with this request, the employee will receive a refusal. If a person’s decision to continue employment at his previous place of work is approved, the leave will have to be canceled documented, followed by dismissal. Compensation for funds paid is subject to recalculation and withholding. A corresponding entry about the invalidity of the decision is made in the labor report.
Got sick on vacation
If a person falls ill while on leave following dismissal, he is entitled to sick pay. The previously mentioned letter from the FSTZ prohibits him from extending his vacation by the number of days of temporary disability.
Leave is guaranteed by the Constitution. The Basic Law also guarantees the human right to work, free choice of profession and field of activity. Both of these rights are inalienable. They are the grounds for making it easy in practice to get guaranteed leave and subsequently quit. In reality, the course of events is significantly influenced by labor law standards. Below we will look at examples of whether it is possible to quit after a vacation in each specific case.
Dismissal at will and guaranteed annual leave
Article 19 of the Labor Code of the Russian Federation guarantees the preservation of salary and position during annual leave. Thus, during vacation, an employee does not have the right to be demoted, have his salary reduced, or be fired. If an employee falls ill during vacation, the vacation period is extended for the duration of the illness.
The exception is the initiative of the employee. He can either voluntarily return from vacation to work at the request of the employer, or apply for termination of the employment contract directly during the vacation period.
When it is impossible to get vacation before dismissal
The law allows not to provide leave before dismissal to employees whose dismissal is due to gross violations of labor law. In particular, reasons for dismissal for which leave is not granted include:
- Providing false documents during employment;
- Gross violation of labor relations, failure to fulfill official obligations;
- Absenteeism;
- Being at work under the influence of drugs or alcohol;
Theft or damage to material assets; - Disclosure of corporate (state, commercial) secrets;
- Creating situations that may threaten the health of employees or company property;
- Etc.
Important: The exception is situations in which the dismissal date falls during the vacation period included in the vacation schedule.
General procedure for determining vacation pay upon dismissal
In case of dismissal, the employee must receive:
- Compensation for the rest time required by law;
- Vacation followed by dismissal.
If the employee has not committed gross violations of labor discipline, it is permissible to dismiss him after he receives legally guaranteed leave. This procedure is carried out at the request of management. The law does not limit the employer from refusing this option.
For dismissals after vacation the subordinate makes the following appeals:
1) Letter of resignation (indicating the reasons for termination of cooperation and the date);
2) Application for leave (indicating the duration of the leave, its start and end date).
If dismissal occurs by agreement of the parties, without an application, the application for leave is attached to the agreement of the parties.
If dismissal occurs due to staff reduction, then the statement is attached to the notice of agreement with the dismissal.
The employer signs 2 orders:
1. About vacation;
2. About dismissal.
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What is the best way to quit while on vacation?
An employer cannot fire an employee who is on vacation. However, the employee has the right to resign himself while on vacation.
An application for voluntary resignation must be submitted 2 weeks before dismissal. However, the law does not prohibit filing an application during vacation. Those. if an employee received a 28-day vacation and sent a resignation letter to the company on the 14th day, then by the end of the vacation he can be fired without the need to work.
In this case, the procedure is as follows:
1) While on vacation, the employee writes a letter of resignation of his own free will. Sends it by registered mail and receives notification of delivery.
2) The employer prepares the final payment and documents (work book).
3) The employee receives a notification from the employer that he needs to appear at his place of work to obtain a work permit or receive a work book by mail.
4) The subordinate receives his documents in a way convenient for him.
Important: If the employer does not send the documents to the subordinate within the prescribed period, he may recover compensation from him in the amount of the average wages for late issuance of documents. Therefore, the employer is obliged to send a notice that the employee needs to appear for documents!
Dismissal at the end of maternity leave
For employees who want to quit at the end of maternity leave, are subject to the same rights as other employees. In this case, the employer’s rights are significantly limited.
The Labor Code indicates that pregnant women and mothers, in addition to labor relations and obligations, also have family ones. The Labor Code of the Russian Federation clearly states that a woman cannot be fired during maternity leave. In addition, they cannot be sent on business trips or transferred to another place of work.
Important: Pregnant women are given annual leave outside the schedule or sequence. An application for leave must be granted upon request.
It is impossible to fire a woman during maternity leave by decision of the employer. But below we will look at situations in which a woman can quit after or during maternity leave:
Dismissal at your own request
Maternity leave, as well as maternity leave, presupposes complete freedom for women to choose when to leave. An application for resignation at your own request can be submitted before, after or during maternity leave.
Important: The resignation letter must be submitted in writing 14 days before the day of dismissal.
Dismissal at the initiative of management
The law strictly determines that leave followed by dismissal can occur solely on the initiative of a woman. Rights expectant mother in this case, it is protected by Article 261 of the Labor Code of the Russian Federation. Without legislative leverage, dishonest employers often persuade employees to write a statement of their own free will, threatening otherwise to dismiss them under the article.
Expectant mothers should know how to properly resign after a vacation, and remember that dismissal on the initiative of management is possible only if the expectant mother agrees with this initiative. In this case, there are no other levers to terminate employment obligations.
Still have questions? Ask them the BPU of the Legal Services Exchange!
(in other words, at the initiative of the employee) is one of the most common grounds for termination of an employment contract. The initiative to terminate the employment relationship comes from the employee and does not imply its approval by the employer, because a person cannot be forced to work against his will. However, even when resigning at your own request, certain rules must be followed.
The procedure for dismissal at will
The procedure for dismissal at will involves, first of all, the employee writing a letter of resignation. The application indicates the date of dismissal and its basis (“at one’s own request”), it must be signed by the employee indicating the date of preparation.
Indicate in the application reason for voluntary resignation not necessary. However, if circumstances require you to resign, then the reason must be indicated, and HR employees may ask you to document it. In other cases, the phrase “I ask you to fire me at your own request on such and such a date” is sufficient.
After the resignation letter has been submitted to the personnel service, a dismissal order. Typically, a unified form of such an order (), approved by Resolution of the State Statistics Committee of January 5, 2004 No. 1, is used. The order must make a reference to the Labor Code of the Russian Federation, as well as provide details of the employee’s application. The employee must be familiarized with the dismissal order against signature. If the order cannot be brought to the attention of the dismissed person (he is absent or refused to familiarize himself with the order), then a corresponding entry is made on the document.
Timing of voluntary dismissal
According to the general rule, enshrined in, the employee must notify the employer of the upcoming dismissal no later than two weeks in advance. This period begins the day after the employer receives the resignation letter.
However, the so-called two-week working period can be reduced by agreement between the employee and the employer. In addition, the law does not oblige the employee to be at the workplace during the period of notice of dismissal. He can go on vacation, sick leave, etc., while terms of dismissal will not change.
There are statutory exceptions to the general rule of two-week work. Thus, if you are dismissed during the probationary period, the notice period for dismissal is three days, and if the head of the organization is dismissed, it is one month.
Calculation upon dismissal at one's own request
Calculation upon dismissal at one's own request, as well as for other reasons, must be made on the day of dismissal, that is, on the last day of work. Calculation of severance involves the payment of all amounts due to the employee: wages, compensation for unused vacations, payments provided for by the collective and labor agreement. If the dismissed employee used vacation in advance, the paid vacation pay is recalculated, and the corresponding amount is deducted from the salary upon final payment.
If an employee was absent from work on the day of dismissal and was unable to receive a payment, he has the right to apply for it at any other time. The amount due to him must be paid no later than the next day after the application.
Dismissal at your own request during the vacation period
Resign at your own request during the vacation period the law does not prohibit. Such a prohibition is provided only for dismissal at the initiative of the employer. An employee has the right to write a letter of resignation while on vacation, or to include the date of proposed dismissal during the vacation period.
If an employee wants to submit a letter of resignation while on vacation, there is no need to recall him from vacation
An employee can also resign of his own free will after using his vacation. Please note that granting leave followed by dismissal is a right, not an obligation, of the employer. If such leave is granted, the day of dismissal is considered the last day of leave. However, for the purposes of settlements with the employee, the last day of work in this case is the day before the start of the vacation. On this day, the employee should be given a work book and all necessary payments should be made. This is a kind of exception to the general rule given, confirmed.
Dismissal at will during sick leave
Quit voluntarily while on sick leave Can. prohibits such dismissal only at the initiative of the employer.
An employee has the right to apply for dismissal during a period of temporary incapacity for work. A situation may also arise when the previously agreed upon dismissal date falls on the sick leave period. In this case, the employer will formalize the dismissal on the day specified in the resignation letter, provided that the employee has not withdrawn this application. The employer does not have the right to independently change the date of dismissal.
On the last day of work, even if it falls on sick leave, the employer makes the final payment and issues a dismissal order, in which he makes a note about the employee’s absence and the impossibility of familiarizing him with the order. The employee will come for the work book after recovery or, with his consent, it will be sent to him by mail. All amounts due to the employee will be paid to him
There are several scenarios under which termination of an employment contract may occur. One of the most common wordings of dismissal is: “At one’s own request.” Let's consider special case dismissal, namely, whether it is possible to resign during vacation, and how to do it correctly.
Dismissal during vacation
Please note - according to Labor Code(Labor Code) of the Russian Federation, an employee can resign while on vacation, only on your own initiative.
Termination of an employment contract initiated by the employer is possible only to a limited extent cases(Article 81 of the Labor Code of the Russian Federation):
- by mutual agreement between employer and employee;
- upon complete liquidation of the company.
Rules for filing a resignation letter
Filing an application for resignation of one's own free will, regardless of whether the employee is on vacation or not, is the first step that a citizen who wants to terminate an employment contract must take.
For clarity, we present the methods of submitting a notice of intent to resign in the form of a table.
Dismissal during vacation and working off
According to labor legislation (Article 80 of the Labor Code of the Russian Federation), an employee must notify his employer of his intention to resign no later than 14 days before the planned dismissal. This period is necessary so that the employer can find a candidate for the vacated position. The Labor Code of the Russian Federation does not use such a term as “working off”, but, in fact, the period of 14 days between filing an application and dismissal is exactly that. Conclusion: the fourteenth day from the date of filing the application is the day of dismissal.
A citizen’s desire not to work for 2 weeks upon dismissal is understandable and feasible. This can be done if the employment relationship is terminated during the vacation period. Let's analyze how to quit without working while on vacation.
- Option one: submission of notice of dismissal simultaneously with the application for leave or on the last day before leave. An important condition is that the vacation period must be 14 days or more. This case implies that the last working day for this employer coincides with the last day of vacation. Therefore, all payments to the employee must be made on the last working day before the vacation.
- Option two: dismissal during vacation. Vacation, according to the Labor Code of the Russian Federation, is 28 days. Therefore, in order not to work the agreed 14 days, it is necessary to calculate the end date of the vacation and submit a letter of resignation no later than 14 days before it. It is better to do this a little earlier so that the HR department has time to register the application.
It will not be possible to resign during vacation without working off if the employee submits an application later than 2 weeks before the end of the vacation. In this case, after completing his vacation, he will have to return to his workplace and complete a period equal to the difference between 14 days and the remaining days of leave when he submitted the application.
Nuances of the dismissal procedure
The dismissal procedure must comply with labor legislation and a certain procedure for implementation.
A brief algorithm for the dismissal procedure:
note
According to the Labor Code of the Russian Federation, vacation payments must be issued to an employee 3 days before the vacation. The employee will receive compensation payments due upon dismissal on the last day of work. Read more about dismissal after leaving vacation on our website in this
- the employee submits a resignation letter;
- issuing an order for the organization to terminate the employment contract with the resigning employee;
- familiarization of the employee with the order against signature. If the employee cannot sign the order due to territorial remoteness, then the HR department employee must make a note about this on the order and draw up a special act;
- compiling a calculation of payments due to a resigning employee;
- making a record of dismissal in the work book indicating the article of the Labor Code of the Russian Federation and the number of the order on the termination of the employment contract;
- issuing a work book, 2-NDFL and 4H certificates to a resigning citizen;
- issuing to the employee all amounts of money due to him.
It is worth noting that the dismissal procedure is standard and valid both for a citizen performing official duties and for an employee who is in regular, or maternity leave or study leave (read about the features of providing the latter in the article)
A specialist will advise you in the comments below
The legislation does not provide for the option of dismissing an employee on vacation at the initiative of the employer (Article 81 of the Labor Code, Part 6), with the exception of the liquidation of an operating organization or termination of the activities of an individual entrepreneur.
While on vacation, the initiative to quit can come from the employee and he has all the rights to do so. It turns out that if an employer wants to fire an employee who is on vacation, he is obliged to wait for him to return from vacation. The worker himself has the right to resign while on vacation, but the deadline for filing an application must be met.
Notice period
The Labor Code states that when resigning at his own request on a general basis, the employee must notify management about this fact in writing in advance, in this case two weeks before the desired date of departure (Article 80 of the Labor Code, Part 1).
Vacationers need to submit an application 14 days before the end of the vacation (the main thing is that the vacation is more than two weeks, otherwise after it you will have to stay at work until the end of the two-week notice period), during which time the employer must find a replacement for the vacant position.
According to the third part of Article 80 of the Labor Code, employment relationships can be terminated earlier than two weeks, i.e. the date indicated in the application by the employee, if he:
- retires (for the first time);
- enrolls in studies;
- agreed on the date of departure with management;
- when transferring the employee’s spouse to work abroad, to another location;
- in case of violation of labor legislation by the employer.
Important! To ensure continuity of work, the employer may require the employee to “work” two weeks after the end of the vacation. Such actions on the part of management are unlawful.
We quit while already on vacation
Most likely, vacationers will not have the opportunity to personally submit a letter of resignation to the HR department of their own free will. They can send it by registered mail. Then the starting date of the working period (14 days) is considered to be the next day after the employer receives this letter (Article 80 of the Labor Code, Part 1).
The latter is obliged to register the application in the journal of incoming documents and give it an incoming number. The official date of departure is the final day of the 2-week period of service, even if it falls during the vacation period. On this day, the employee is given a work book and full payment is made to him.
Note: The employer does not have the right to recall an employee from vacation on the day of receiving his resignation letter, because at this moment the employee does not fulfill his job duties. Revocation occurs only with the consent of the worker (Article 125 of the Labor Code, Part 2).
Before the end of the work period, an employee on leave can withdraw his application at any time and return to his job. Dismissal in this case will not occur if another employee has not been invited in writing to fill the vacant position and who cannot be refused to conclude an employment contract (Article 80 of the Labor Code, Part 4). During the period of vacation followed by dismissal, you can pick up a resignation letter only before the day of the vacation.
Vacation followed by dismissal
An employee, at his own request, on a general basis, can simultaneously write two applications - one for dismissal, the other for vacation, i.e. You'll get rest followed by care. The employer has the right to refuse to provide an employee with leave with further dismissal; such an obligation is not assigned to him by law.
Rest followed by dismissal can only be obtained as a result of agreements with the manager; the employee’s initiative does not solve anything here.
If the boss has given his permission, then the date of dismissal will be the last day of vacation. Documents are issued and payments are made on the last day worked before going on vacation.
Vacation as an advance
Following the law, employers do not have the right to provide leave of a certain duration in proportion to the time worked. Only after 6 months a worker can use all 28 days of annual paid leave (Article 115 of the Labor Code, Article 122 of the Labor Code).
By agreement with management, the employee has the right to go on vacation before six months have passed since the conclusion of the employment contract (Article 122 of the Labor Code). The following categories of persons can do so upon request:
- those who adopted a child under 3 months of age;
- employees who are under 18 years of age;
- pregnant women before maternity leave, women after it.
Both newly arrived and existing employees fall under these categories, i.e. the employer is not insured against an employee going on vacation who has not yet received the necessary length of service for this (has not worked for half a year). Part-time employees are provided with annual paid vacation in parallel with vacation from their main job. If a worker in a secondary job has not earned 6 months or more of work experience, then he may be given leave in advance.
Annual paid vacations for the 2nd and subsequent years of service are provided according to the vacation schedule at any time of the year (Article 122 of the Labor Code).
Dismissal at your own request during the vacation period, which was provided in advance, is possible. Just from the amount due payments upon dismissal, excessively used vacation pay will be deducted (Article 137 of the Labor Code). Arrears of advance leave are withdrawn from the employee’s salary in the cases described in Article 137 of the Labor Code.
Important! On his own initiative, the employee has the right to terminate employment contract, while on vacation, regardless of what kind of vacation he is on, be it leave to care for a child up to 1.5 and 3 years old or maternity leave.
Paperwork
The basis for going on vacation is a generally accepted order or a sample document independently developed by the company is used. Then they draw up a note-calculation (or arbitrary). An employee, on his own initiative, may submit a letter of resignation before the end of his vacation. If management is okay with this, then:
- the originally created vacation order and settlement note are cancelled;
- a new calculation note and an order for a new vacation are issued;
- An accompanying memo is drawn up.
Despite this, the law does not provide for the need to cancel the original order and create a new one in accordance with the new conditions.
So that the accountant has written reasons for recalculating vacation pay, it is better to draw up a new vacation order and, based on it, fill out the calculation note again. It would not be superfluous to create an accompanying memo.
The employee is required to submit a letter of resignation in writing, drawn up in accordance with the internal labor regulations forms. If there is no established template, then the application is written in any form, taking into account the basic rules of office work.
Based on the application, a dismissal order is drawn up, which is handed over to the employee for review and signature.
Cash settlements
Difficulties for the employer arise when excess vacation pay is paid to the employee. The Labor Code limits the situations in which a debt can be collected from an employee. Debt retention is an employer's right, but not an obligation.
In cases where there is nothing to withhold the debt from, they forget about it or sue the debtor employee. Before taking measures to collect overpaid funds from your salary, it is worth familiarizing yourself with the grounds for dismissal, because some of them at the legal level do not give the employer the right to make deductions, namely:
- disappeared unknown, death of an employee or individual employer (Article 83 of the Labor Code);
- an emergency has occurred (war, catastrophe, calamity, etc.) (Article 83 of the Labor Code);
- the employee became professionally unsuitable according to medical conclusion (Article 83 of the Labor Code);
- the court or labor inspectorate reinstated the employee to his previous place or area of work (Article 83 of the Labor Code);
- dismissal due to military or alternative civil service (Article 83 of the Labor Code);
- the owner of the company’s property has changed, this applies to the chief accountant, manager and his deputies (Article 81 of the Labor Code);
- liquidation of an organization’s activities or closure of an individual entrepreneur (Article 81 of the Labor Code);
- companies, individual entrepreneurs (Article 81 of the Labor Code);
- the employee refuses to transfer to a job that suits him according to a medical report, and the employer does not have such a job (Article 77 of the Labor Code).
For other reasons for dismissal not described above, a maximum of 20% of the salary is withdrawn from the debtor for each payment. The object of recovery of salary is taken minus personal income tax.
Compensation payments for unused vacation are calculated similarly to vacation pay. Together with them, the employee is accrued salary for days worked in the month of dismissal and, if it is provided for in a particular case labor legislation. Vacation is paid no later than three days before it begins, the basis is a vacation order.