The dismissal procedure has always caused a lot of questions, despite the well-developed legislative norms of labor law. The fact is that the dismissal is always associated with a specific situation, with emotional reactions (not always worthy), with different interpretations of the law of two opposed parties: the employee and the employer.
Dismissal during vacation is no exception. And although the law does not matter whether you are on vacation or on a business trip, each employee has the right to leave work, notifying the employer about this in 2 weeks, but the procedure for dismissing is associated with a number of nuances.
Situation 1. Dismissal during an unworked vacation. If roughly calculated, every 2.5 months of work gives the right to 1 week of vacation (although the period depends on the duration of the vacation, for example, for teachers it is not 28 days, but 42). If an employee went on vacation before the right to him appeared (he took it “in advance”), then he must work this time or return the organization money for unworked hours (spent on vacation). The bosses may react inadequately to your dismissal during the holidays: they simply will not accept and issue a dismissal order, they may require a rewriting of the application, setting other dates, explaining that the employee must work.
What to do in this case? Do not rewrite the application, insist that you be settled, deducted unworked hours from your vacation, if you have not received it yet. If received, you can return it against receipt. In this case, always remember, the employer does not have the right to keep you, no matter what.
Situation 2. Dismissal during a vacation can be a problem if the director is also on vacation and has not left a person with the right to sign (deputy, acting, other responsible person), and if it is not possible to contact a higher manager (for example, the founder if you are an employee of LLC or OJSC).
What to do? Use all possible methods to notify the employer: at least by phone. At the same time, the application can be sent by registered mail so that it arrives faster and the post office puts a mark on receipt (it is not your fault that the employer did not leave the substitute). If the organization has a person who registers incoming letters (even better if you can do it yourself), he is obliged to sign the receipt of your application.
Situation 3. While on vacation and making an unexpected decision to quit, you can leave unfinished business related to your duties. If you are an accountant and must submit reports, or you are a financially responsible person and must take an inventory - such cases make it difficult to dismiss during a vacation.
What to do? You’ll have to go to work during the holidays and finish the unfinished business, for this you need a written order from the director to call you out of the holiday in connection with the “production” need. This option is better than postponing the dismissal.
Situation 4. You quit in connection with the transfer to another job.
To do this, write a letter of resignation in connection with the transfer to work in [...] (indicate the organization). It should indicate the last day of vacation as the date of dismissal. But by agreement with the employer, you can quit on the same day (for example, in the middle of a vacation) and receive compensation for unused vacation.
An absurd situation. The manager may require you to work out for 2 weeks to leave the vacation. This requirement has no legal basis. The word "working off" is not in the labor code of the Russian Federation. No employee is required to work out, he is only required to notify in 2 weeks. At the same time, it does not matter at all whether the dismissal occurs during the vacation period, or during the sick leave (it does not matter on a business trip, at school). Your absence from work for a good reason does not oblige you to work out. You do not even have to transfer cases to a new employee (unless, if you are in a managerial position, you are a financially responsible person or an accountant).
These cases are the most common, but can be complicated by a number of other circumstances. Always try to negotiate with the employer. Notoriety and litigation do not need any of you. If it does not work out, follow the law - dismissal of your own free will during the holidays is provided for in the Labor Code, in articles 77, 80.