The application for leave on dismissal may beFiled by any employee, the reason for the termination of the employment contract in this case does not matter. However, the satisfaction of this application is the right of the employer, and not its duty, therefore the company can refuse the employee.
Dismissal of an employee from an organization is oftenIs a surprise for the employer. Usually, such an employee has unused leaves, for which compensation is required in accordance with the current labor legislation. This compensation is given together with a full calculation of the termination of the employment contract, but in some cases the employee wants to use all the remaining days of vacation with subsequent dismissal. The meaning of such use is to increase the length of service, since in the day of termination of the employment contract in this case will be the last day of the granted leave. In addition, during this holiday, this citizen will continue to be considered an employee of the organization, he will retain all the statutory guarantees (for example, social insurance).
Is the employer required to grant leave upon dismissal?
The initiative of granting leave with the subsequentThe dismissal must come from the employee himself, who is entitled to apply to the employer with the appropriate application. However, the Labor Code of the Russian Federation says that the organization can grant such leave without mentioning the existence of such a duty. Consequently, the employer usually independently decides whether to satisfy the employee's application for rest and subsequent dismissal, since the registration of such leave is the right of the organization, and not its duty. If the company refuses such leave, it does not relieve it of the obligation to pay compensation for all unused days of annual rest to the employee.
In what cases does the leave with subsequent dismissal become mandatory?
The only case in whichLeave with subsequent dismissal becomes the duty of the employer, is the termination of the employment contract by agreement of the parties. At the same time, in this agreement there must be a special condition that obliges the organization to provide the employee with leave upon dismissal. The existence of such a condition obliges the company to satisfy the employee's application, the refusal to register the leave can be appealed. Nevertheless, such disputes between employers and employees are rare, since for most workers the difference between receiving compensation for unused leave and the holiday pay is not fundamental.