Is it possible to obtain permission for another vacation at the time of staff reduction?

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The legislation of the Russian Federation does not impose any restrictions on employees who wish to take advantage of their next vacation at the time of layoff. Moreover, additional leave can be used at any time at the time of staff reduction. The employee also has the right to request compensation for previously unused vacation. But do not forget that this right remains with the employee only during the process of reducing the number of specialists.

The management of the organization must issue a decree on reduction in advance and notify everyone of its decision two months before the start of the process. Those positions that are most subject to the dismissal procedure should be notified first. However, the legislation does not provide for an extension of the notification period for employees, because every employee has the right to learn in advance about the process of staff reduction.

By law, an employer does not have the right to dismiss employees who are disabled or on sick leave during the period of staff reduction.

Note! All of the above rules do not apply to cases of liquidation or organization of a company. Such situations have other legal rules and regulations.

An employee has every right to go on another vacation during the layoff period after management has made an official announcement about the start of the layoff process. During this period, both regular and additional leave, which is also called social leave, can be taken into account.

Termination of employment can only occur after the employee personally learns of the start of layoffs and returns from his legal leave. Simply put, a specialist can use all possible rest options during the period of layoffs, while remaining an official employee of the organization. At the time of notification, the employee also has the right to go on vacation, and the employer, in turn, cannot in any way deny him this opportunity.

• 2 Reduction due to pregnancy
• 3 Leave due to training

What is an abbreviation?

Important! Reduction is one of the types of dismissal of an employee at the initiative of the employer (81 Labor Code of the Russian Federation).

In this case, a distinction is made between both a reduction in the number of employees and a reduction in staff. Reduction of staff means a reduction in the number of employees for one position, for example, a company had 10 people in the position of manager, but only 6 remained. Reduction of staff means the complete elimination of a separate division or identical staff units (

The legislative framework

• Part 2 art. 123 of the Labor Code of the Russian Federation regulates that both the employee and the employer must adhere to the vacation schedule in the organization. The employer does not have the right to unilaterally revise the schedule; even an upcoming staff reduction is not a basis for this.
• From Art. 123 of the Labor Code of the Russian Federation it follows that the schedule must be adhered to even if the end of the vacation “goes beyond” the period specified in the notice of dismissal.
• Art. 127 of the Labor Code of the Russian Federation determines the procedure for exercising the right to leave upon dismissal. The employer is obliged to provide the employee with unused vacation before dismissal; for this it is necessary to write a corresponding application. The day of dismissal will be considered the last day of vacation. For all unused vacations an employee is entitled to monetary compensation upon dismissal.
• In Art. 122 of the Labor Code of the Russian Federation states that an employee has the right to use vacation only after 6 months of continuous work with one employer. The same article provides a list of persons to whom this requirement does not apply (minors, women before and after leave under the BiR, etc.).

Conditions for reduction

It is important for an employer who has decided to make redundancies in a company to comply with certain conditions:

• Notify employees. Employees must be notified about layoffs in advance - no later than 2 months in advance. To do this, each employee who has been laid off must be given a notice. It is compiled in free written form.
• Notify the employment service and the trade union. It is necessary to notify both the employment service and the trade union that the company plans to make layoffs. The trade union body must respond by providing its opinion on the reduction. If such an opinion is not received within 7 days, the employer has the right not to take it into account.
• Offer employees a different position. When laying off employees, the employer should especially take into account those employees who cannot be laid off under the Labor Code. Retrenched employees should also be offered another vacant position in the company, and such a position may not correspond to his qualifications. In case of refusal of the position, the employee is fired.

Financial compensation

Vacation may be compensated financially at the request of the employee. To do this, you will need to write a written statement stating your desire to replace your vacation time with financial compensation. According to this document, the employer is obliged to pay a certain amount of money on the day when the employment contract is considered terminated. It is important to know that all vacations that were not used at the time of dismissal are paid.

The provision that no monetary compensation is paid if leave is granted when a position is reduced in the last three years has already been abolished. Therefore, the employee can demand compensation for all days of rest, regardless of their number. You can calculate the amount of compensation yourself. To do this, you only need to know the number of vacation days and the average salary.

In addition to the money paid for unused vacations, the employer also issues compensation provided for each employee who is laid off. These payments are a temporary measure to support the employee during the period after termination of the contract.

The procedure for laying off employees

After notifying employees and other authorities, the employer issues a layoff order. The order indicates the reasons for the reduction, the positions being reduced, indicating the number of staff units, the date of dismissal, as well as the persons responsible.

Important! When laying off workers, they are paid compensation for the vacation they did not take, their due salary, as well as other payments due upon layoff.

You can terminate a contract with an employee before two months. This can be done by agreement with the employee in writing. In this case, the employee will need to receive compensation in addition to other payments. The compensation will be equal to the average salary for all days from the date of termination of the contract until the end of the two-month period.

Termination earlier than two months is also possible with the following employees:

• With whom the contract was concluded for a period of less than 2 months. Such employees can be notified 3 days in advance (292 Labor Code of the Russian Federation);
• Seasonal workers are notified 7 days before dismissal (296 Labor Code of the Russian Federation).

basic information

Reduction refers to the severance of the labor relationship at the initiative of the manager. The reduction regulations are prescribed in Article 81.

Important! Retrenchment of an employee while on vacation is impossible, except in cases of complete liquidation of the organization. With this procedure, vacation workers are also laid off within established periods.

There are several conditions for reduction:

• an order has been issued that regulates the type of reduction and has grounds for reduction;

Sample order to reduce the number of employees

• a procedure plan has been developed taking into account all the nuances related to persons with preferential rights and benefits;
• a notice has been sent to all those being laid off, which must be signed by the employee upon receipt;

Sample notice of job reduction

• all organizations, including the employment service in the required region, are notified;
• vacant vacancies that are available must be offered to those being retrenched in the manner established by the right of preference.

Important! If there is a trade union organization, mandatory notification is required, which is carried out together with notification of employees. If the person being laid off is a member of a trade union, then permission will be required to lay him off. It is issued in writing by the trade union upon receipt of notification.

All conditions must be fully met, since otherwise the dismissal will be illegal, which will allow the employee to return to his previous position. It is worth considering that even a reduced position can be reintroduced into the staffing table by a court decision.

There are several important points that are regulated by law:

• in case of reduction, all due payments, including vacation pay, must be paid on the last working day, which is then written down in the workday;
• the offer of positions must be in writing, as well as the employee’s decision, that is, both consent to the transfer and refusal are drawn up as a full-fledged legal document;
• the notice must be provided to the employee for signature no later than two months or three months, depending on the type of reduction. In accordance with Article 296 of the Labor Code of the Russian Federation, seasonal workers must be notified a week before the procedure. If a fixed-term contract with a period of less than two months is concluded, then according to Article 292, notification is made 3 days in advance;
• It is impossible to lay off an employee at the initiative of the employer during vacation, unless the process is complete elimination.

It is possible to notify an employee who is on vacation, but if on the date of dismissal he has not yet returned to work, then it will not be possible to lay him off.

Read on the topic: Reduction of workers in the Far North region

Read on the topic: Severance pay for the third month in case of layoff. Third payment

Retrenchment of an employee during vacation

Important! An employee can only be dismissed while on vacation on his own initiative. In this case, it is impossible to dismiss at the initiative of the employer (81 Labor Code of the Russian Federation).

Even if the employee was notified in advance in writing about the upcoming layoff, but he went on vacation on the date of dismissal, he cannot be laid off. It would be illegal. The layoff procedure can be carried out only after the employee returns from vacation. It will also not matter what kind of vacation the employee is on; dismissal at the initiative of the employer cannot be for any type of vacation, including:

• Annual leave;
• Leave without pay;
• Maternity leave;
• Holiday to care for the child;
• Study leave.

Reduction due to pregnancy

In practice, there are often cases in which an employee may ask management to change her job during pregnancy. The girl will be transferred to another workplace, and her previous job position will automatically be laid off.

Maternity leave, as well as exemption from work obligations due to training, is of the same nature as the usual rest period at the enterprise. An employee may request from the employer a period of separation from work duties in any of the above cases.

Employment contracts can be terminated at the initiative of the manager, with the exception of pregnant women. They cannot be subject to the layoff process, but the manager has the right to transfer the employee to another place of work. These rules work very well in practice, protecting the rights of both employees and employers.

Transfer of a pregnant woman to another position is possible only if she agrees to write a statement in which she will detail her desire to change her place of work. In the event of conflicts or disputes, the employer must assume all obligations to comply with the rules of dismissal.

Notifying an employee on vacation

You cannot lay off an employee while he is on vacation, but you can notify him of the upcoming layoff. To do this, the employee is notified by registered mail. As confirmation that the employee has been notified, there will be a notification from the mail that the letter has been received by the employee. Instead of mail, you can use courier services. In this case, confirmation of receipt of the notification will be the employee’s signature on the courier’s receipt.

Important! An employee on vacation is considered to have been properly notified of the upcoming layoff if the employer has supporting documents confirming that the notice was delivered to him (a receipt from a courier or mail).

If the employee does not receive the notice, it can be given to him only after he returns to work. When drawing up the notice, the employer must already indicate that if the employee is on vacation or sick leave at the time of layoff, he will be laid off on the first day of work after sick leave or the end of vacation.

Is it possible to get vacation before being laid off?

Vacation is an inalienable right of every employee. And he can exercise this right at any time, including before layoff.

The employer is obliged to notify hired employees of the upcoming staff reduction no later than two months before their dismissal. This can be done by sending the appropriate notice by mail or delivering this document in person. It should be borne in mind that the employee will be considered notified of the upcoming dismissal only if he has signed a copy of the notice or signed a special document that reflects the fact of delivery of such notices to employees. This requirement is stated in Art. 180 Labor Code of the Russian Federation.

The employee will be able to exercise his right to take vacation during these two months. The specific time for going on vacation must be agreed upon by the parties.

Is it possible to force an employee to go on vacation before being laid off? If a vacation schedule was previously drawn up, in which the vacation time falls during the period before the layoff, and the person was familiarized with it by signature, the employer must provide the next paid vacation according to the schedule, notifying the employee (against signature) about the upcoming vacation 2 weeks before it starts . If such a schedule does not exist in the organization, the employee must write a written statement and coordinate it with the employer. In any case, no one has the right to force anyone to go on vacation unscheduled, and an employee should not agree to unfavorable conditions for him.

If the person who received the layoff notice is still on vacation after two months from the date of delivery of this document, he cannot be fired before the end of the vacation.

If the employee refuses to receive notice

There are also situations when an employee deliberately refuses to receive a notification from a courier or by mail. In this case, the employer has no choice but to wait for the employee to return from vacation. If, upon returning to work, the employee does not want to sign for receipt of the notification, the employer must draw up an act of refusal to sign. It is drawn up with at least two witnesses. This act will confirm that the employee has been notified of the upcoming dismissal.

How to provide or receive leave when reducing staff?

The procedure for granting leave before reducing a position includes the following steps:

• The head of the organization issues an order regarding the upcoming reduction.
• An employee who is laid off is sent a notice (2 months before the expected date of dismissal).
• During these two months, the employee has the right to use the remaining vacation or receive monetary compensation for it upon dismissal. If it was chosen to take a vacation, the employee writes a corresponding statement, or goes on vacation according to the schedule, and the employer issues an order.

Retrenchment during study leave

It is prohibited to lay off an employee during vacation, even if this vacation is for training. You can fire him only upon returning from vacation. However, if the start date of the vacation occurs after the official day of layoff, then such an employee can be dismissed along with all other employees who were laid off.

Let's look at an example. The employee was duly notified of the upcoming layoff. After that, he brings a certificate from the place of study about a call to defend his diploma for 3 months. Study leave in this case falls on the date of reduction. What should an employer do? Is the employee's vacation time required or can it be reduced? As with any other type of leave, layoffs are prohibited during study leave. The employer will have to wait for the employee to return from study leave (26 Labor Code of the Russian Federation). If the employee’s letter of invitation contains the start date of study leave after the official date of layoff, then the employee can be dismissed along with everyone else.

Maternity and study leave

Vacation may be compensated financially at the request of the employee himself.

Study leave during layoffs, like maternity leave, is granted according to the same rules as regular leave. But in the case of pregnancy, the employer can give its employee the right to choose another position, to which she will be transferred. At the same time, the free space is reduced. After the expiration of the vacation period, the employee may be dismissed.

Features of maternity leave

This state of affairs is justified by legislation, which provides the employer with the opportunity to change the staffing schedule at its discretion. Therefore, employment contracts can be terminated at the discretion of the individual who acts as the employer.

But this clause of the law does not apply to pregnant employees. Therefore, only transfer to another position is possible. In addition, the employee can perform her duties during the period of maternity leave. But work during this period is possible only at the request of the employee herself. The employer does not have the right to call her before the end of the rest period.

The operation of transferring an employee to another position is possible only with her written consent. However, she is not required to come to work during rest. If any disputes arise, it is the employer who is required to prove compliance with the dismissal procedure.

Is it possible to get a vacation with subsequent layoff?

In Russian legislation there is no such concept as “vacation with subsequent reduction.” Providing leave in case of staff reduction is carried out similarly to the procedure for providing annual paid leave. The employee (if there are unused vacation days) just needs to write an application and submit it to the manager for signature. If the reduction date falls during the vacation period, the dismissal will take place on the last day of vacation.

It should immediately be noted that the provision of such leave is the right of the employer, but not his obligation. And he can refuse the employee. This was stated in the letter of Rostrud dated December 24, 2007 No. 5277-6-1. An employee can try to peacefully negotiate with his superiors to provide leave, rather than demand it. Then the chances of getting a well-deserved rest will increase significantly.