Is it possible to dismiss on vacation?
The question of whether it is possible to dismiss a person while he is on vacation is very ambiguous. The answer is "yes" or "no" depends on the specific situation of dismissal. In particular, the dismissal is on their own or on the initiative of the employer. It is also important the basis for dismissal. Consider the main nuances.
Can I dismiss on vacation - can I quit
- Employer Initiative. Article 81 of the Labor Code of the Russian Federation does not allow the dismissal of an employee during the period when he is temporarily disabled (sick leave) and during his stay on leave at the initiative of the employer. BUT. The exceptions are cases of liquidation of the organization or termination of the activity of an individual entrepreneur.
- The employee�s own desire. In the event of termination of the employment contract at the request of the worker, the legislation does not prohibit it. In other words, if you yourself want to quit while you are on vacation, you have the right to do so.
The procedure for dismissal on vacation
The procedure for dismissal at will is regulated by Article 80 of the Labor Code of the Russian Federation and applies to the case of being on leave. According to this article of the Labor Code, the employee must declare his resignation by writing in at least 2 weeks (unless another term is provided for by the Labor Code or another Federal Law).
The Labor Code states that the employee must give notice of dismissal within 2 weeks. About working them out in the TC does not say.
Is it possible to dismiss future mother on vacation
In the case of maternity leave, the same rules apply. It is not allowed to dismiss a woman who is on maternity leave (also the exception is cases of liquidation of the organization or termination of the activity of an individual entrepreneur).
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