Dismissal on annual paid leave. Procedure for dismissal during vacation

The law prohibits dismissal during vacation at the initiative of the employer. It’s another matter if the employee wants to quit of his own free will.

Is it possible to resign during vacation if the employee himself wishes to do so? What actions must the employee and employer take to ensure that the dismissal takes place in accordance with the Labor Code of the Russian Federation?

According to Art. 80 of the Labor Code of the Russian Federation, voluntary dismissal during the next vacation is possible if the employee notifies the employer 2 weeks in advance. That is, the employee must write a letter of resignation of his own free will 2 weeks before the expected date of dismissal. Whether he is on another vacation or not does not matter.

If the employee cannot personally deliver his application, he can send it by mail or send it through a principal. The employer does not have the right not to accept the application for consideration.

Dismissal during the vacation period is formalized in exactly the same way as voluntary dismissal in a normal situation. The employee writes a statement and after 2 weeks he is considered dismissed.

Based on the application for dismissal, the employer issues an order in which the employee must sign. Since the employee is on vacation, he cannot always personally sign. In this case, the employer must make a note on the order itself, as well as draw up a report.

After completing the order, the employer must issue a certificate - a calculation, which will indicate all payments due to the employee:

• wages for working days actually worked in the month of dismissal;
• compensation for unused vacation. If an employee takes the entire vacation and then resigns, then the employer does not owe him anything under this clause, only if the employee has vacation days left for the previous year.
  If the employee has not taken all of the vacation, and he still has days left, then the employer must pay compensation for them.
• severance pay. And although the Labor Code of the Russian Federation does not provide for the payment of benefits upon dismissal at one's own request, an employment or collective agreement may indicate that the employer undertakes to pay its employees a certain amount of money.

All payments are made on the day of dismissal. During the same period, the employer must issue the employee a work book, which will be filled out in accordance with personnel procedures, as well as labor legislation.

The employer must also provide the employee, upon his written request, with copies of all documents related to the work of this employee. Certificate 2-NDFL and certificate 4N are issued by the accounting department without fail.

If the employer still wants to dismiss an employee during vacation, he can reach an agreement with him and enter into a dismissal agreement “by agreement of the parties.”
Upon dismissal on such grounds, the employer may offer to pay the employee additional compensation.

Is it possible to resign during vacation at your own request? Yes, by following the full termination procedure.

The legislation does not provide for the option of dismissing an employee on vacation at the initiative of the employer (Article 81 of the Labor Code, Part 6), with the exception of the liquidation of an operating organization or termination of the activities of an individual entrepreneur.

While on vacation, the initiative to quit can come from the employee and he has all the rights to do so. It turns out that if an employer wants to fire an employee who is on vacation, he is obliged to wait for him to return from vacation. The worker himself has the right to resign while on vacation, but the deadline for filing an application must be met.

Notice period

The Labor Code states that when resigning at his own request on a general basis, the employee must notify management about this fact in writing in advance, in this case two weeks before the desired date of departure (Article 80 of the Labor Code, Part 1).

Vacationers need to submit an application 14 days before the end of the vacation (the main thing is that the vacation is more than two weeks, otherwise after it you will have to stay at work until the end of the two-week notice period), during which time the employer must find a replacement for the vacant position.

According to the third part of Article 80 of the Labor Code, employment relationships can be terminated earlier than two weeks, i.e. the date indicated in the application by the employee, if he:

• retires (for the first time);
• enrolls in studies;
• agreed on the date of departure with management;
• when transferring the employee's spouse to work abroad, to another location;
• in case of violation of labor laws by the employer.

Important! To ensure continuity of work, the employer may require the employee to “work” two weeks after the end of the vacation. Such actions on the part of management are unlawful.

We quit while already on vacation

Most likely, vacationers will not have the opportunity to personally submit a letter of resignation to the HR department of their own free will. They can send it by registered mail. Then the starting date of the working period (14 days) is considered to be the next day after the employer receives this letter (Article 80 of the Labor Code, Part 1).

The latter is obliged to register the application in the journal of incoming documents and give it an incoming number. The official date of departure is the final day of the 2-week period of service, even if it falls during the vacation period. On this day, the employee is given a work book and full payment is made to him.

Note: The employer does not have the right to recall an employee from vacation on the day of receiving his resignation letter, because at this moment the employee does not fulfill his job duties. Revocation occurs only with the consent of the worker (Article 125 of the Labor Code, Part 2).

Before the end of the work period, an employee on leave can withdraw his application at any time and return to his job. Dismissal in this case will not occur if another employee has not been invited in writing to fill the vacant position and who cannot be refused to conclude an employment contract (Article 80 of the Labor Code, Part 4). During the period of vacation followed by dismissal, you can pick up a resignation letter only before the day of the vacation.

Vacation followed by dismissal

An employee, at his own request, on a general basis, can simultaneously write two applications - one for dismissal, the other for vacation, i.e. You'll get rest followed by care. The employer has the right to refuse to provide an employee with leave with further dismissal; such an obligation is not assigned to him by law.

Rest followed by dismissal can only be obtained as a result of agreements with the manager; the employee’s initiative does not solve anything here.

If the boss has given his permission, then the date of dismissal will be the last day of vacation. Documents are issued and payments are made on the last day worked before going on vacation.

Vacation as an advance

Following the law, employers do not have the right to provide leave of a certain duration in proportion to the time worked. Only after 6 months a worker can use all 28 days of annual paid leave (Article 115 of the Labor Code, Article 122 of the Labor Code).

By agreement with management, the employee has the right to go on vacation before six months have passed since the conclusion of the employment contract (Article 122 of the Labor Code). The following categories of persons can do so upon request:

• those who adopted a child under 3 months of age;
• employees who are under 18 years of age;
• pregnant women before maternity leave, women after it.

Both newly arrived and existing employees fall under these categories, i.e. the employer is not insured against an employee going on vacation who has not yet received the necessary length of service for this (has not worked for half a year). Part-time employees are provided with annual paid vacation in parallel with vacation from their main job. If a worker in a secondary job has not earned 6 months or more of work experience, then he may be given leave in advance.

Annual paid vacations for the 2nd and subsequent years of service are provided according to the vacation schedule at any time of the year (Article 122 of the Labor Code).

Dismissal at your own request during the vacation period, which was provided in advance, is possible. Simply, excessively used vacation pay will be deducted from the amount of due payments upon dismissal (Article 137 of the Labor Code). Arrears of advance leave are withdrawn from the employee’s salary in the cases described in Article 137 of the Labor Code.

Important! On his own initiative, an employee has the right to terminate an employment contract while on vacation, regardless of what kind of vacation he is on, be it maternity leave or maternity leave.

Paperwork

The basis for going on vacation is a generally accepted order or a sample document independently developed by the company is used. Then they draw up a note-calculation (or arbitrary). An employee, on his own initiative, may submit a letter of resignation before the end of his vacation. If management is okay with this, then:

• the originally created vacation order and settlement note are cancelled;
• a new calculation note and an order for a new vacation are issued;
• An accompanying memo is drawn up.

Despite this, the law does not provide for the need to cancel the original order and create a new one in accordance with the new conditions.

So that the accountant has written reasons for recalculating vacation pay, it is better to draw up a new vacation order and, based on it, fill out the calculation note again. It would not be superfluous to create an accompanying memo.

The employee is required to submit a letter of resignation in writing, drawn up in accordance with the internal labor regulations forms. If there is no established template, then the application is written in any form, taking into account the basic rules of office work.

Based on the application, a dismissal order is drawn up, which is handed over to the employee for review and signature.

Cash settlements

Difficulties for the employer arise when excess vacation pay is paid to the employee. The Labor Code limits the situations in which a debt can be collected from an employee. Debt retention is an employer's right, but not an obligation.

In cases where there is nothing to withhold the debt from, they forget about it or sue the debtor employee. Before taking measures to collect overpaid funds from your salary, it is worth familiarizing yourself with the grounds for dismissal, because some of them at the legal level do not give the employer the right to make deductions, namely:

• disappeared unknown, death of an employee or individual employer (Article 83 of the Labor Code);
• an emergency has occurred (war, catastrophe, calamity, etc.) (Article 83 of the Labor Code);
• the employee became professionally unsuitable according to medical conclusion (Article 83 of the Labor Code);
• the court or labor inspectorate reinstated the employee to his previous place or area of ​​work (Article 83 of the Labor Code);
• dismissal due to military or alternative civil service (Article 83 of the Labor Code);
• the owner of the company’s property has changed, this applies to the chief accountant, manager and his deputies (Article 81 of the Labor Code);
• liquidation of an organization’s activities or closure of an individual entrepreneur (Article 81 of the Labor Code);
• companies, individual entrepreneurs (Article 81 of the Labor Code);
• the employee refuses to transfer to a job that suits him according to a medical report, and the employer does not have such a job (Article 77 of the Labor Code).

For other reasons for dismissal not described above, a maximum of 20% of the salary is withdrawn from the debtor for each payment. The object of recovery of salary is taken minus personal income tax.

Compensation payments for unused vacation are calculated similarly to vacation pay. Together with them, the employee is paid a salary for the days worked in the month of dismissal and, if it is provided for in a particular case by labor legislation. Vacation is paid no later than three days before it begins, the basis is a vacation order.

The general rule is that the employer, on his own initiative, cannot fire an employee who is on vacation (Article 81 of the Labor Code of the Russian Federation). However, if the employee himself wrote a letter of resignation during the vacation period, then there are no prohibitions on terminating the employment contract.

In this case, in general, the employee must notify the employer of his dismissal no later than 2 weeks in advance, which will be counted from the day following the day the employer receives the application (Article 80 of the Labor Code of the Russian Federation). Accordingly, if an employee sends an application by mail, then when determining his last working day, additional days spent on mailing will be added to the work period.

Procedure for dismissal while on voluntary leave

If an employee wrote a letter of resignation while on vacation of his own free will, then the 2 weeks of work will probably include the days of his vacation. In this case, the working period for vacation days is not extended (Letter of Rostrud dated 09/05/2006 N 1551-6). Accordingly, it may turn out that on the last day of work the employee will still be on vacation. But this does not change anything for the employer: the employee’s dismissal will need to be formalized on this last day of work, without waiting for the end of the employee’s vacation. That is, you will need to issue a dismissal order, make an entry in the work book and pay all amounts due to him (Article 84.1 of the Labor Code of the Russian Federation).

While on vacation, an employee may not show up for work on the last day of work. And if payments can simply be transferred to his bank card, then it will not be possible to transfer the work book. In such a situation, you can send the employee a registered letter by mail notifying him of the need to come to the organization for a work book.

Vacation followed by dismissal

If your employee wrote an application for - this is a different situation. The day of his dismissal will be the last day of vacation. However, you will need to issue him a work book and pay him on the last day of work before the vacation.

In this case, the amount of vacation pay must be transferred to the employee in the general manner 3 calendar days before the start of his vacation (Article 136 of the Labor Code of the Russian Federation). Therefore, it will have to be paid earlier, and not together with “severance” payments.

The Labor Code provides officially employed individuals with many ways to terminate contracts concluded with their employer.

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Moreover, in most cases it protects the rights of employees, but not the employer. This is why an employee can resign directly during vacation at his own request.

Is it possible

If an officially employed employee decided for some reason to resign of his own free will while on vacation, then the implementation of this action will not be considered illegal.

The Labor Code, as well as other regulatory documents, do not contain articles that make it impossible to terminate an employment contract during vacation by an illegal process.

But it is worth remembering that this kind of procedure has a large number of different nuances. The most important of them are the following:

• To fill out an application, you do not need to interrupt your vacation or make a call from it;
• It is necessary to comply with the deadlines for submitting the application.

The situation of providing leave in advance is special. Registration of this kind of vacation on credit is possible on the basis of current legislation.

There is no requirement to maintain any proportions between the length of vacation time and the amount of time worked. This point is covered in as much detail as possible in the letter from Rostrud dated June 23, 2006.

If an employee is on vacation, there is simply no need to suspend it. It will be enough to fill out the application accordingly and submit it to the HR department.

However, again, it is not necessary to do this in person. It will be necessary to send the application itself by registered mail with a list of attachments to the employer’s address.

The work book itself can also be received by mail - you just need to indicate this point in the resignation letter.

A very important nuance that must always be remembered is the obligation to comply with the deadlines for filing the relevant application.

According to current legislation, it is mandatory to notify your employer of dismissal 2 weeks in advance.

But if the employee who wrote the application is on sick leave or on vacation over the next 14 days, then this period cannot be extended.

If during the entire two-week period the employee is on vacation, then he may not return to his workplace.

If the vacation ends before this period, then the obligation to work for this period arises. But this moment always remains at the discretion of the employer himself.

Deadlines

The time frame within which an employee is obliged to notify his employer of dismissal is specified in the Labor Code of the Russian Federation.

In fact, the duration of the dismissal process can be this entire period. Moreover, the countdown begins from the day when the employee submitted a properly completed application to the personnel department.

But at the same time, the period for voluntary dismissal during vacation can be significantly reduced.

If the employer does not want to meet his employee and carry out the dismissal process in one day, then he should refer to the Labor Code.

It provides for cases when the employer is obliged to carry out the dismissal procedure on the date of filing the application (it is important that it be a working day).

The list of such situations includes the following:

• the employee was enrolled as a student in any educational institution;
• the employer has violated labor laws in some way;
• it is required to provide care for a disabled person of group I;
• retirement.

If you want to resign of your own free will, but the vacation ends before the two-week period expires, then you don’t have to work the remaining period of time based on the reasons stated above.

Especially often, various older people use this method of dismissal - they deliberately take vacation in such a way that they can retire immediately after it.

Order

The procedure for dismissing an employee at his own request is extremely simple.

It includes the following main steps:

• the employee writing an application in the appropriate form;
• formation of a special order - it is signed by the head or other official who has the right to do so;
• the accountant calculates the company's debt to the employee or vice versa - after which the funds are transferred to the account;
• the employee picks up the work book.

When writing a resignation letter of your own free will, there is no need to follow any specific format.

The HR employee must formalize the dismissal process accordingly. Its task is as follows:

• preparing an order in form T-8, submitting it for signature to the director, his deputy or other authorized person;
• making an appropriate entry in the work book.

The second point is especially important. The employee should check as carefully as possible what exact wording was written down in the work book.

Because sometimes, it still happens that management, out of a desire to cause harm, prescribes some unflattering article as the reason for dismissal - absenteeism or something else. With such a record, it will be extremely difficult to find a job later.

Of course, this is a very serious violation of current legislation. But some employers still practice such “revenge”.

The work book must contain the following entry in the case under consideration: “Dismissed at his own request on the basis of the Labor Code of the Russian Federation.”

If for some reason the recording sounds different, then you should immediately go to court. Since the employer in this way seriously violates the legislation in force in the Russian Federation.

Also, a serious violation of current legislation is failure to return the work book on time.

How to write an application

Writing a resignation letter is the simplest stage of this process. It is compiled in free form. Can be handwritten or printed on a PC.

But it must contain the following information:

• in the upper right corner:
  • name of company;
  • surname, name and patronymic of the director or acting director;
• text of the statement itself:
  • a briefly formulated request for dismissal indicating the reason (optional);
  • desired date of dismissal;
• in the lower part:
  • Date of preparation;
  • applicant's signature;
  • space for the signature of the head of the HR department;
  • space for the signature of the director/acting officer.

If an employee has any doubts about the employer’s honesty, he or she should be required to put a mark on the acceptance of this document by the HR department.

Or simply send this document by registered mail with a list of attachments. Since there are often precedents when an employee of the HR department simply throws the submitted application into the trash bin.

In this case, proving the case in court will be extremely problematic, since there will simply be no confirmation of submission of the application to the personnel department.

Dismissal of one's own free will during vacation without work

There is a fairly long list of ways to avoid working out upon dismissal. But some of them are quite difficult to implement. The easiest way is to go on vacation and write a letter of resignation on time, when the vacation has not yet ended.

But sometimes, for some reason, such a scheme simply cannot be implemented. In this case, the best solution is to compromise with the employer.

Since, by agreement, the management of the enterprise can dismiss an employee in one day, in compliance with all legal norms.

Often, for various reasons (voluntarily or out of necessity), employees go on leave without pay - without pay.

In this case, the dismissal procedure remains the same. The employee simply needs to write a statement in the appropriate format.

The employer is obliged to pay monetary compensation (if any) and give the employee his work book.

At the same time, it is necessary to remember that the employer does not have the right to dismiss an employee on his own initiative while he is on leave without pay.

During vacation, the employee wrote a letter of resignation of his own free will. We’ll talk about how to draw up documents and complete settlements with him in the article.

The Labor Code prohibits dismissing employees while they are on vacation if the initiator of termination of the employment contract is the employer (Part 6 of Article 81 of the Labor Code of the Russian Federation). An exception is the liquidation of an organization or termination of activities by an individual entrepreneur.

If the employee himself expressed a desire to resign during vacation, then labor legislation does not establish any restrictions. In this case, it is important that the employee adheres to the deadlines for filing a resignation letter, and the employer adheres to the procedure for conducting the dismissal procedure.

Notice period for dismissal

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance. This procedure is established in Part 1 of Article 80 of the Labor Code of the Russian Federation. This time is necessary for the employer to find a new employee for the opening vacancy.

Often in practice the concept of “warn” is replaced by “work”. Although even the very concept of “work before dismissal” does not exist in the Labor Code. We are talking about the deadline for filing a resignation letter - no later than two weeks.

An exception to the general rule is cases when further continuation of work is impossible and the employee must resign on a certain day. This may be admission to an educational institution, retirement and other cases when the employer is obliged to terminate the employment contract within the period specified in the employee’s application (Part 3 of Article 80 of the Labor Code of the Russian Federation).

If an employee decides to leave the company at an earlier date without good reason, then this is possible only by agreement with the employer.

Note.The employee has the right to notify the employer of termination of the employment contract earlier - within a period exceeding two weeks.

A vacation recall is not required to submit a resignation letter.

If an employee submitted a letter of resignation during vacation, there is no need to recall him from vacation for that day. After all, he is not performing his job functions at this moment, and the recall from leave must occur at the initiative of the employer and only with the consent of the employee (Part 2 of Article 125 of the Labor Code of the Russian Federation). But in this case, the employee is going to resign of his own free will, there is no initiative from the employer.

Note.Before the expiration of the notice period for dismissal, the employee may withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who cannot be denied an employment contract (Part 4 of Article 80 of the Labor Code of the Russian Federation).

From what day does the two-week notice period begin?

The employee does not have to submit an application for resignation at his own request in person; he can send it by mail, for example, by registered mail (Rostrud letter dated 09/05/2006 N 1551-6). Only in this case, the two-week notice period for dismissal may begin later than the employee plans.

According to Part 1 of Article 80 of the Labor Code of the Russian Federation, the two-week period begins the next day after the employer receives the employee’s resignation letter. The employer must register the application received by mail in the journal of incoming documents and assign it an incoming number.

Example 1. V. I. Samsonov, an employee of Pyrotechnics-2000 OJSC, is on annual paid leave from May 15 to June 11, 2013 (order dated May 8, 2013 N 39). During his vacation, he decided to resign from the organization on June 5, 2013. Knowing that the employer needed to be notified about this two weeks in advance, V.I. Samsonov wrote a statement on May 22, 2013 and sent it to the employer by registered mail. Can V.I. Samsonov count on dismissal on June 5, 2013, if the employer received a letter of application, registered it in the journal of incoming documents and assigned an incoming number on May 27, 2013?

Solution. V. I. Samsonov’s two-week notice period for dismissal will begin on May 28 and end on June 11, 2013 (the last day of vacation). If the employer does not agree with the date of dismissal specified in the employee’s application (June 5, 2012), he will put a resolution on V.I. Samsonov’s application, indicating the date of dismissal equal to the expiration of the two-week notice period, and the justification - part 1 of Article 80 of the Labor Code RF. For example: “Dismiss on June 11, 2013 in accordance with Part 1 of Article 80 of the Labor Code of the Russian Federation.” On June 11, 2013, the employee can come to review the order, pick up the completed work book, and receive a full payment.

If the employer does not object to the dismissal of the employee on June 5, 2013, June 5 will be V. I. Samsonov’s last working day. On this day, he can familiarize himself with the order, pick up the completed work book and receive a full payment.

If leave is granted in advance

Labor legislation does not provide for the provision of leave of a certain duration in proportion to the time worked. This was indicated by Rostrud in a letter dated June 23, 2006 N 947-6.

General rule. Already six months after concluding an employment contract, an employee can use the full annual paid leave of 28 calendar days (Part 1 of Article 115 and Part 2 of Article 122 of the Labor Code of the Russian Federation).

However, by agreement of the parties, paid leave can be granted to the employee before the expiration of six months (Part 2 of Article 122 of the Labor Code of the Russian Federation).

- for women - before maternity leave or immediately after it;

— workers under the age of 18;

- employees who have adopted a child (children) under the age of three months;

— in other cases provided for by federal laws.

That is, the employer is not insured against the fact that the employee may go on vacation before he has earned the length of service that entitles him to such vacation. And this applies not only to new employees of the organization.

Annual paid leave for the second and subsequent years of work is provided to employees at any time of the working year in accordance with the priority (vacation schedule) established by the employer (Part 4 of Article 122 of the Labor Code of the Russian Federation).

What are the consequences of providing vacation in advance? The fact that an employee can resign directly during vacation or immediately after it. In this case, the employer will have to recalculate the paid vacation pay.

We prepare documents

Vacation order. The basis for granting leave is an order drawn up according to the unified form N T-6 (T-6a) or a form independently developed by the employer (letter of Rostrud dated 02/14/2013 N PG/1487-6-1). A note-calculation on granting leave to an employee is also drawn up according to the unified form N T-60 or an independently developed form.

Note.Forms N T-6 (T-6a) and T-60 were approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 N 1.

Cancellation of the original order. If an employee is dismissed before the end of the vacation, the duration of this vacation changes, and the amount of vacation pay changes accordingly. The legislation does not directly indicate the need to cancel the original leave order and issue a new leave order of a different duration. However, given that the accountant needs documentary justification for recalculating vacation payments, it is better to issue the above orders and, on their basis, re-fill out the calculation note for granting vacation. It would also be useful to draw up an accompanying memo.

Example 2. Let's use the condition of example 1. The employer does not object to the dismissal of the employee on June 5, 2013. What actions should the employer take to dismiss V.I. Samsonov before the end of his vacation?

Solution. The employer must:

— cancel the initially issued vacation order and settlement note;

— issue a new order for leave of a different duration and draw up a settlement note;

- draw up an accompanying memo.

You can cancel the initial order to provide an employee with annual paid leave:

- issuing two orders. In the first order, drawn up in any form, the wording may be as follows: “Consider the order dated 05/08/2013 N 39 on granting annual paid leave to V.I. Samsonov invalid in connection with the issuance of the order dated 05/27/2013 N 47.” At the same time, issue another order establishing a new duration of annual paid leave for the employee (up to and including the day of dismissal) and resolving the issue of recalculating vacation pay;

- an order that establishes a new duration of annual leave. In this order, you can cancel a previously issued order to grant an employee leave (in connection with his dismissal) (clause 1 of the order), set a new date for annual paid leave (up to and including the day of dismissal) (clause 2 of the order), resolve the issue of canceling earlier executed note-calculation and recalculation of vacation pay (clause 3 of the order).

Service note. A sample memo is shown below.

We complete the calculations

The law limits the cases in which debt can be collected from an employee. The case of the return of vacation pay for unworked vacation days falls into this list. This norm is enshrined in paragraph 4 of part 2 of article 137 of the Labor Code of the Russian Federation. It should be noted that such deductions are a right and not an obligation of the employer.

If there is nothing to withhold overpaid vacation pay from, you must either sue the employee or “forget” about the debt.

Before deciding to collect debt, you must make sure that the grounds for dismissal allow you to withhold wages.

Thus, deductions cannot be made if an employee is dismissed for the following reasons:

- refusal to transfer to another job necessary for him in accordance with a medical report, or the employer does not have the appropriate job (clause 8, part 1, article 77 of the Labor Code of the Russian Federation);

— liquidation of an organization or termination of activities by an individual entrepreneur (clause 1, part 1, article 81 of the Labor Code of the Russian Federation);

— reduction in the number or staff of employees of an organization, individual entrepreneur (clause 2, part 1, article 81 of the Labor Code of the Russian Federation);

- change of owner of the organization’s property - in relation to the head of the organization, his deputies and the chief accountant (clause 4, part 1, article 81 of the Labor Code of the Russian Federation);

— conscription for military service or assignment to an alternative civilian service (Clause 1, Article 83 of the Labor Code of the Russian Federation);

— reinstatement at work of an employee who previously performed this work, by decision of the state labor inspectorate or court (clause 2 of article 83 of the Labor Code of the Russian Federation);

— recognition of the employee as completely incapable of working according to a medical report (clause 5 of Article 83 of the Labor Code of the Russian Federation);

- death of an employee or employer - an individual, as well as recognition by the court of an employee or employer - an individual as deceased or missing (clause 6 of Article 83 of the Labor Code of the Russian Federation);

- the occurrence of emergency circumstances that prevent the continuation of labor relations (military operations, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a state authority of the subject (clause 7 of Article 83 of the Labor Code of the Russian Federation) .

If an employee is dismissed for another reason, the employer can deduct no more than 20% of the amount paid from his salary for each payment. In this case, 20% is calculated from earnings reduced by the amount of withheld personal income tax (Part 1 of Article 138 of the Labor Code of the Russian Federation).