Dismissal during holiday: what features are?

Unfortunately, ignorance of the constitutional rights of the person concerning precepts of law of dismissals of the working personnel allows dishonourable employers to make a wrongful dismissal during holiday. How to avoid loss of a place and how it is correct to leave? What types of dismissals during holiday exist?

Dismissal during holiday: whether it is possible?

Dismissal is forbidden in the following cases:

• decree;
• the initiative party – the employer;
• child care leave before 1,5 years;
• on care of the child before 3 years;
• the educational.

Maternity leave – the sick-list, beginning from pregnancy of seven-months term to the fact of childbirth.

The legislation provides finding of the woman on holiday before three-year age of the juvenile child. Procedure of calculation has no special differences from usual dismissal. During the decree to the woman keep a place with the right of annual vacation and monetary compensation. Educational holiday keeps the place taken by the leaving employee for the sessional period with the monetary payments provided by the legislation.

Whether it is possible to leave during holiday?

It is possible to leave in a case:

• worker's initiatives;
• retirement.

The employee who is in holiday leaves in case of retirement with the payments established by the legislation. If the mercenary decided to dissolve the working contract in the next annual holiday, procedure means filing of application by the worker in two weeks prior to the appointed date.

Whether it is possible to dismiss during holiday?

Dismissal during holiday possibly with cancellation of functional activity of establishment (bankruptcy). Existence at the worker of unreasonable truancies can also cause the right of the management to calculate the worker for truancies.

One more reason for leaving – non-performance of professional and functional duties by the worker taking into account the various reasons (an illness, death, a trauma).

Holiday without preservation of a salary

This look is characterized by additional annual vacations. During additional holiday the administration has no right to dismiss the employee, behind it the occupied vacancy remains. Main points of granting:

• the chief of the organization is obliged to grant additional leave after registration of documentary issued permission by the worker;
• additional leaves can be granted at the positive decision of administration of the management;
• in communication by deterioration of a financial situation in the enterprise. This look is provided by the constitution and specified in standard and legal documentation. Thus duration of additional holiday is considered.

Any organization can make dismissal during holiday, only following the rules provided by the labor code. Certain financial aspects in activity of the enterprise become an exception. The main reason for dismissal is the statement on own initiative of the employee of institution.