How to dismiss an employee on vacation
Labor disputes arise as a result of disagreements related to the conclusion, modification and dissolution of an individual labor contract. Collective labor dispute can arise as a result of disagreements when concluding a collective agreement. Such an agreement is concluded between the trade union, the employer and the executive power, it regulates the operation of local regulations affecting all employees of the enterprise.
Individual disputes can be considered either by the labor dispute commission or by the court. The commission can be created both by the employee and the employer, even if the labor dispute is already considered by the court.
If the employee wrote a letter of resignation on April 30, then from May 1, you need to start counting down 14 days. The last day is considered a full working day. If the application specifies a request for dismissal from a certain number, then the employer must dismiss the employee from the date specified in the application. If the total number of days is less than 14, the employee must write the statement "by agreement of the parties", and not "on their own".
An employee who is on vacation due to temporary incapacity for work or on an annual leave can not be dismissed on the initiative of the employer. If the employee wrote a letter of resignation, but after reaching the 14-day period did not leave sick leave, on the last day, send him a notice on the need to read the order on his dismissal. In addition, the employee must receive a work book and a calculation. Timely sending a notice to the employee completely releases the employer from responsibility for issuing the work record book and calculating it untimely.
The termination of an employment contract with women on maternity leave is not permitted on the employer's initiative. In the event of liquidation of an organization. After the expiration of the employment contract during the maternity leave, the employer must extend the employment contract upon the woman's application until she has the right to maternity leave and pregnancy.