Contrary to the wishes of some employees and employers, terminating an employment contract in one day is very problematic. The only exception is the case of dismissal by agreement of the parties, in which it is possible to dismiss an employee in one hour. The date of dismissal directly depends on the reason and on who initiates it: a manager or an employee. In some cases, the process may drag on for 2 weeks: this is the period in which the resigning employee must give notice of his resignation. There are exceptions when both parties manage to reach consensus and set a date in advance.

Another question that is of increased interest is the day of dismissal: is it a working day or not? In most cases, the date of dismissal is considered the last working day, but if the termination of the contract occurs at the initiative of the employer, then it can be indicated in the relevant order.

There are other circumstances that influence when the last working day upon dismissal will be considered officially: for example, when enrolling in a university or retiring, the employer is obliged to terminate the employment contract within the period specified in the resignation letter (Article 80 of the Labor Code RF).

At your own request

In this situation, the employee has two options: agree in advance with the employer about the date of his departure, or warn him and work for 2 weeks. In any case, the day of dismissal will be considered the last working day, i.e. the date specified in the application.

• Engineer Petrov V.V. filed a letter of resignation on July 1 without prior agreement with the manager - accordingly, his last working day will be considered the 15th of the same month, since the countdown begins only from the day following the date of drawing up the document.
• Accountant Agafonova A.O. agreed in advance with the director about her resignation of her own free will. The date of dismissal will be considered the day the application is submitted, and at this time the employee is at the workplace and also receives all the necessary documents issued upon dismissal by the human resources department or manager.

To the question “is it necessary to work on the day of dismissal of one’s own free will”, labor legislation has a clear answer “yes”, therefore, if an employee needs to receive a work book and other documents on a certain date, it is best to calculate everything in advance and discuss it with the director.

By abbreviation

After making a decision to reduce staff, the employer issues a corresponding order, then no later than 2 months before dismissal, he is obliged to notify employees about this by means of a written notice, which is given to each of them against signature. The same document must indicate other positions to which they can, if desired, transfer.

With and without processing

According to Art. 80 of the Labor Code of the Russian Federation, an employee who resigns at his own request is obliged to notify his employer about this 2 weeks before the expected date of dismissal. At the discretion of the manager, the employment contract can be terminated both after work and directly on the day of submission of the application. It is worth noting that the calculation of the period begins the next day after the warning, i.e. if an employee submitted an application on September 1, then the countdown will only begin on the 2nd of this month, and the date of dismissal will be considered September 15.

There are cases when an employee can quit without working: for example, if he entered a university and is unable to continue working. This also includes retirement or health problems, and then the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

An employee can also quit without working by concluding an agreement with the employer; moreover, this method of terminating an employment contract has a minimum of nuances and is more beneficial for both the employee and his employer:

• The employee has free time to do his own thing or look for a new job.
• The manager can easily get rid of a negligent subordinate; moreover, the agreement is invalidated only with the consent of both parties, which eliminates the possibility of the unwanted employee returning to the organization.
• Compensation payments to an employee are made only at the request of the director; in other cases, he must only transfer wages and compensation for unused vacation. If a subordinate goes on vacation with subsequent dismissal, then he is entitled only to vacation pay.
• The agreement can be drawn up in any form, since it is not regulated by law.
• You can dismiss an employee by agreement even when he is on vacation or sick leave. In other cases, without agreement, termination of the employment contract will be considered unlawful.

In case of liquidation and bankruptcy

If a special commission made a decision to liquidate the enterprise, then employees must be notified of the upcoming dismissal no later than 2 months in advance. When employed in seasonal work, this period is reduced to 1 week, and those with whom employment contracts are concluded for a period of up to 2 months must be notified at least 3 calendar days in advance. In this case, the last working day will be considered the date of dismissal.

After all deadlines have expired, the manager issues orders to terminate the employment relationship, and he is obliged to familiarize each employee with them against signature. In the future, it is necessary to make an appropriate entry in the work book and pay on time all compensation due to each employee upon dismissal in connection with the liquidation of the company. If this is not done, dismissed employees may file a claim in arbitration court, which will cause a lot of trouble for the former employer.

On sick leave before dismissal

Labor legislation under no circumstances allows the dismissal of an employee at the request of the manager while the former is on sick leave, because this is considered a violation of his rights and legal norms. Another thing is termination of the employment relationship at the employee’s own request: in this case, he can quit even if he has a certificate of incapacity for work. There are two scenarios here:

• The employee writes a letter of resignation and goes on sick leave, but manages to recover before the date of termination of the employment relationship. In this case, the manager is obliged to dismiss him on the date specified in the application, and the subordinate works the remaining days after leaving sick leave.
• The employee goes on sick leave and leaves it 1 day before the date specified in the resignation letter. In such a situation, the employer is obliged to pay for the certificate of incapacity for work and dismiss the subordinate on the day indicated in the application previously submitted by him.

On vacation followed by dismissal

If the termination of the employment relationship occurs not through the fault of the employee, but at his request or by agreement of the parties, then he has the right to take leave with subsequent dismissal. The paperwork procedure is very simple: first, he submits a resignation letter to the employer, indicating the reason and date of termination of the employment relationship, and then an application for extraordinary leave, indicating its duration in calendar days and the date from which he plans to go on vacation.

The employee did not return from absenteeism

Systematic absenteeism is a valid reason for terminating the employment relationship at the initiative of the employer, but before drawing up the order, he must establish that the subordinate is actually missing work without a good reason. If it was revealed that the employee was absenteeism, and the manager decided to fire him, then he signs the corresponding order, in which the working day that preceded the first day of absenteeism is indicated as the date of dismissal.

There is a second option: the day of dismissal can be considered the date the order was drawn up, and logically such actions are more justified:

• An employer cannot dismiss a subordinate on his own initiative without finding out the reason for absenteeism. If absences from work are justified, then the subordinate is obliged to provide the relevant documents: a medical certificate, a certificate of summons to a session, etc. The issue of punishment can be decided individually, since even when going on sick leave, the subordinate is obliged to notify his employer about this.
• If the employee is dismissed on the last working day, it turns out that after that the employee did not have an employment relationship, which means that he did not actually miss work. If desired, the dismissed person can safely challenge his dismissal in court, but legally the employer will still be in the right.

Date of application and dismissal

According to labor legislation, the last working day will be considered the date of termination of the employment contract. Do I need to work on the day of dismissal? Of course, it is necessary, because only from the next day the employee’s work duties will cease. If the dismissal occurs at the initiative of the employer or it is possible to reach an agreement with him by concluding an agreement, then he can release his subordinate from work on the day of departure.

Thus, the date of dismissal and the last working day are two inextricably linked concepts, because in fact, the employment relationship ends on the day when the employee, in accordance with the employer’s order, must go to work for the last time, after which he picks up the work book and other documents.

As for whether the day of dismissal is paid, everything is clear here: according to Art. 84.1 of the Labor Code of the Russian Federation, the date of termination of the employment contract should be considered the last day of work of the employee. Accordingly, payments for it are made in the same way as for all previous times.

Order of dismissal

One of the main documents - the dismissal order - is drawn up on the basis of an application from the employee, or if there are reasons for which the initiative to terminate the employment relationship may come from the employer. The legislation establishes a single unified form, and a sample can be used to fill it out. The order must contain the following information:

• Name of the organization.
• Number and date of compilation.
• FULL NAME. the person being dismissed, his position.
• Grounds (reasons) for termination of an employment contract (link to article of the Labor Code of the Russian Federation): conclusion of an agreement, statement of resignation of one’s own free will, memorandum, etc.
• Manager's signature.
• Signature of acquaintance from the person being dismissed.

After drawing up the order, a corresponding entry is made in the employee’s work book, and then the final payment is made.

Recording in labor

The work book is usually filled out by HR department employees, and the following information must be included in it upon dismissal:

• Serial number, day, month and year.
• Information about the reasons for dismissal with reference to an article in the Labor Code of the Russian Federation.
• The name of the document on the basis of which the employment contract is terminated (Order, its number and date of preparation).

It is worth noting that these entries must be made on the day of dismissal under the Labor Code of the Russian Federation, and then they are certified with a signature and seal by an employee of the HR department, after which he makes a copy of the work book and sends it to the archive, and also enters the information into the accounting book.

Knowing everything about the day of dismissal - how to count, how the work book is filled out, what date is the last working day - both the quitter and the employer can easily carry out the procedure for terminating the employment relationship, which, if you do not know such nuances, raises a lot of questions and difficulties.

Every company or entrepreneur that is an employer is obliged to pay the citizen in full on the day of dismissal. The HR department is required to find out which day is the last working day when a citizen is dismissed.

The day of dismissal is considered a working day or not

Based on the provisions of legislation in the field of protection of workers' rights, namely Art. 84 of the Labor Code of the Russian Federation, the date of dismissal is considered the last working day in the company, with the exception of situations where the individual was not actually present at the workplace, but the company legally retained his position.

On the last working day, the accountant must not only calculate the payments and compensation due to the individual, which include wages, compensation for unspent vacation and similar payments, provide a work book, but also transfer the tax on the income received by the citizen to the budget.

How to determine the date depending on the circumstances of dismissal?

Termination of the contract can be carried out for various reasons, depending on which it will be determined whether the day of dismissal is considered a working day and whether the employee must work on the day of dismissal. Let's consider how to find out the date of termination of professional obligations to an organization in different situations:

1. In order to initiate the process of termination of a contract by an individual, a written application is required. Personnel employees often have doubts about which day is considered the day of dismissal and what needs to be reflected in the application. Termination of professional relations at the request of a citizen requires two weeks of service in the organization. In this situation, it is important to find out from what date the day of dismissal is considered. In accordance with Art. 14 of the Labor Code of the Russian Federation, the last day of voluntary dismissal must be counted starting from the next day after the submission of an application from an individual to the personnel service (14 days).
2. Things are different when an individual terminates the contract by agreement of the parties. In this situation, there is no need to work for a two-week period, and the last working day upon dismissal is determined taking into account the opinion of each party to the professional relationship. Accordingly, the document should indicate that the last day of work determined by the parties is considered the day of dismissal.
3. In Art. 84 of the Labor Code of the Russian Federation stipulates that if a citizen is absent from work for a good reason while retaining his position, the last day upon termination of the current contract is determined somewhat differently. Such situations include temporary disability or vacation of an employee. The norms of labor law determine that an individual cannot be fired on sick leave, as a result of which the day of dismissal is considered the nearest working day after the citizen closes his sick leave and goes to work. Also in personnel practice, a situation often occurs when an employee goes on vacation with subsequent termination of the contract. What day is considered the day of dismissal of the employee in this case? For this situation, it is determined that the day of dismissal of the employee is the final day of his vacation.

What date of dismissal should be reflected in the employee’s application?

How to reflect the last working day in a resignation letter? What wording should I use: dismiss “from” or dismiss “last day of work”? Experts in the field of labor law advise indicating in the document the specific day of dismissal - the last day at work. If you do otherwise, and indicate in the application that the dismissal is carried out from the “dismissal date,” then the next working day may be considered the day of the employee’s dismissal. As a result, in order to avoid labor disputes, it is advisable to indicate in the document the actual last working day upon dismissal.

Do I have to work on the day of dismissal?

Often, staff and HR departments have questions about whether an employee is required to work on the day of dismissal, and whether the day of dismissal is considered a working day. The information presented above establishes that the employee on his last day in the organization performs professional functions in the company in full in all cases, with the exception of vacation with further termination of the contract. Accordingly, the answer to the question whether the day of dismissal is a working day is clear - yes, in most personnel situations.

The employee quits. His work schedule and that of the administration do not always coincide. The last work shift may fall on Sunday, when the HR and accounting departments rest. Conversely, on the last day of the employment contract, the personnel officer and accountant may be on site, and the employee himself may have a day off. Let's figure out what to do in these cases.

The procedure for dismissing employees is the same for all employers. It is established by Art. 84.1 of the Labor Code. On the day of termination of the employment contract, the employer is obliged to issue a work book and all necessary documents to the employee against signature, and also to make a full settlement with him in accordance with Art. 140 of the Labor Code (Part 4 of Article 84.1 of the Labor Code of the Russian Federation).

Regardless of the grounds for termination of an employment contract with an employee, the day of dismissal is considered the last day of his work. Exceptions are situations in which the employee did not actually work, but his place of work was retained in accordance with Russian legislation. This is stated in Part 3 of Art. 84.1 of the Labor Code. This means that dismissal is possible on any day, including weekends. The Labor Code does not contain any specific articles defining the procedure for dismissal on non-working days.

Let's figure out what an employer should do in situations when the last day is a day off for the dismissed employee and when it is a day off for employees of the accounting department and personnel department.

Last day for employee's day off

The dismissal date may fall on a non-working day. For example, the two-week notice period for voluntary resignation ends on Thursday, which, according to the shift schedule, is a day off for the employee. Let's consider what the employer must do.

Please rewrite the application

The employer can try to negotiate with the employee. For example, ask to rewrite the application and indicate a different, “working” date of dismissal. If the employee refuses, the employer does not have the right to unilaterally change the termination date of the employment contract. Unjustified dismissal of an employee on a different date is a violation of his rights, in particular the right to withdraw his resignation letter (Part 4 of Article 80 of the Labor Code of the Russian Federation).

Note. Payments on the day of dismissal

On the day of dismissal, the employer is obliged to make a full settlement with the employee and pay all amounts due to him, namely:

- wages for the time actually worked in the month of dismissal;

— compensation for all unused vacations;

— severance pay in cases specified by law.

The amounts of compensation for unused vacation and severance pay are calculated based on average earnings in accordance with:

- from Art. 139 Labor Code;

— with the Regulations on the specifics of the procedure for calculating average wages, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922.

The Labor Code gives the right to an employee who has written a letter of resignation of his own free will, before the expiration of the notice period for dismissal, to withdraw his application at any time, that is, before 24 hours of the last day of the period (Part 4 of Article 80 of the Labor Code of the Russian Federation, Ruling of the Supreme Court of the Russian Federation dated 08/10/2012 N 78-KG12-10).

The employer has the right to refuse an employee to withdraw his resignation letter in the following cases (Part 4 of Article 80 and Part 4 of Article 127 of the Labor Code of the Russian Federation):

- an employee who is on vacation with subsequent dismissal did not withdraw his application before the start of the vacation;

- an employee who is going on vacation with subsequent dismissal has withdrawn his application, but another employee has already been invited to take his place by way of transfer;

- another employee is invited in writing to replace the employee, who, in accordance with labor legislation and other federal laws, cannot be refused to conclude an employment contract.

Still, we're firing on the weekend

From the text of Part 3 of Art. 84.1 of the Labor Code does not mean that the dismissal of an employee is allowed only on a working day for him.

Dismissing an employee on his day off does not contradict the Labor Code.

Please note: in some cases, the employer should not even try to change the date, for example, when dismissal due to staff reduction. If the employee is not dismissed within the period specified in the notice of the upcoming layoff, or after the expiration of a two-month period from the date of notification, then the employment relationship with him continues. And the entire dismissal procedure will need to start all over again.

If an employee is absent from work on the day of dismissal (his day off), the employer should:

- send him a notice of the need to appear for a work book or give consent to send it by mail (Part 6 of Article 84.1 of the Labor Code of the Russian Federation). From the date of sending this notification, the employer is released from liability for the delay in issuing the work book;

— make a settlement with the employee no later than the day following the day the latter presented the corresponding demand (Article 140 of the Labor Code of the Russian Federation).

Example 1. The organizer of entertainment events D.L. Zatevakhin wrote an application for leave with subsequent dismissal. The vacation began on November 14, 2014, and will end on November 28, 2014 - this is his day off. On November 29, he would have gone to work according to his shift schedule.

On what day should an employee be fired?

Solution. When granting leave with subsequent dismissal, the employee does not retain his job during this leave. As a general rule, the day of termination of an employment contract is the employee’s last day of work - November 13, 2014, but this day in this case is not the day of dismissal.

On this day, November 13, 2014, the employer is obliged to issue D.L. Zatevakhin a work book and make a full settlement with him (clause 1 of Rostrud Letter dated December 24, 2007 N 5277-6-1). Upon his written application, it is also necessary to provide him with duly certified copies of documents related to the work (part 4 of article 84.1 and part 1 of article 140 of the Labor Code of the Russian Federation).

The day of dismissal is the last day of vacation - November 28, 2014. Even if the last day of vacation falls on a weekend, the vacation is not extended. And the end date does not change (part 2 of article 127 of the Labor Code of the Russian Federation, clause 2 of the Determination of the Constitutional Court of the Russian Federation of January 25, 2007 N 131-O-O). The exception is holidays established by Art. 112 of the Labor Code (Part 1 of Article 120 of the Labor Code of the Russian Federation).

The day of dismissal is a working day for an employee, but a day off for the administration

An employee's day off is not an obstacle to his dismissal. But, if this day falls on the accountant’s (HR) day off, this greatly complicates the situation. After all, as a general rule, work on weekends and holidays is prohibited (Part 1 of Article 113 of the Labor Code of the Russian Federation).

A worker works a shift

If an employment contract is terminated with an employee who has a shift work schedule, the date of termination of the employment contract is the date of the last working day, including those falling on a weekend or non-working holiday. This is stated in the Letter of Rostrud dated June 18, 2012 N 863-6-1.

In the event that the last working day of a resigning employee coincides with a day off for company administration employees, the Labor Code does not provide for the possibility of transferring the performance of their duties in accordance with Art. 84.1 of the Labor Code. That is, despite the HR officer and accountant’s day off, the employer is obliged to ensure that the procedure for dismissing the employee is followed. To do this, he has the right to involve employees of the personnel department and accounting department to work on a day off (Part 2 of Article 113 of the Labor Code of the Russian Federation). In this case, the employer is obliged to compensate them for work on a day off outside the established schedule: pay for the time they work on a day off at least double the amount or provide them with another day of rest (Parts 1 and 3 of Article 153 of the Labor Code of the Russian Federation).

Example 2. The company's accounting and human resources department work on a five-day work week with two days off - Saturday and Sunday, while other company employees work on a shift schedule.

The organizer of entertainment events N.K. Shalnykh submitted his resignation at his own request. Taking into account the two-week work period, the dismissal date fell on November 30, 2014 - Sunday. This is his last day of work.

Is it possible, with the consent of N.K. Shalnykh, to issue him a work book and make the final payment on November 28 - Friday, but with a dismissal date of November 30, 2014?

The employee is given a five-day workday

If we are talking about the dismissal of an employee who has a regular, non-shift work schedule, then the provisions of Art. 14 of the Labor Code on the passage of time in labor relations.

The flow of time periods associated with the emergence of labor rights and obligations begins from the calendar date that determines the beginning of the occurrence of these rights and obligations (Part 1 of Article 14 of the Labor Code of the Russian Federation). Obviously, this date is the date the employee was hired, and the term itself is nothing more than the period of work in the organization.

In Part 4 of Art. 14 of the Labor Code establishes that if the last day of a term (period of work in an organization) falls on a non-working day, then the day of expiration of the term is considered to be the next working day following it.

It is also obvious here that the last day of the term is the day of dismissal.

Example 3. All company personnel work on a five-day work week with two days off (Saturday and Sunday). The employee exercised his right to terminate the employment contract and warned the employer about the upcoming dismissal no later than two weeks, namely a month in advance (Part 1 of Article 80 of the Labor Code of the Russian Federation).

Solution. The employee indicates a non-working holiday (November 4, 2014) as the date of dismissal in his application. In this case, the manager has the right to postpone the day of dismissal to the next working day - November 5.

How to find a compromise with an employee: practical experience

Postponement of the last day of the notice period for dismissal, in accordance with the requirements of Art. 14 of the Labor Code, for the next working day is not always acceptable for the employee. After all, he could agree to go to another job that day and plan any other things.

The Labor Code does not provide any relief for these cases. But the parties to the employment contract can find a compromise solution, for example, by changing the basis for termination of the employment contract to dismissal by agreement of the parties (Article 78 of the Labor Code of the Russian Federation).

In this case, the employee loses the right to change his decision to quit, but will be able to leave without working for two weeks, and possibly with compensation.

What is more profitable - to pay for working on a day off, compensation - will be decided by the employer himself in each specific case.

You can have any motives for such a decision - it is not at all necessary to indicate in the application why there was a need to change your place of work.

A statement of desire to resign must be placed on the manager’s desk no later than 2 weeks before the day on which the employee plans to finally leave work, and the countdown of these fourteen days starts the next day after the application is placed on the boss’s desk.

Throughout this entire time, right up to the very last day of work, the employee has the right to withdraw the application without explaining the reasons for his action. The application must indicate the date of dismissal, which will also be the last working day. For example: “The last working day is April 5.”

The wording needs to be as clear as possible, without using the conjunction “with”. So, if it is written: “I ask you to fire me on April 5,” then the HR specialist will conduct your dismissal on the 6th.

Is it possible not to work on the last day?

First, let's figure out what day is considered the day of dismissal of an employee at his own request? That is, how to calculate the date of dismissal correctly? When, when the last day at work falls on a public holiday or just a weekend, common to most employers, then, based on Article 14 of the Labor Code of the Russian Federation, The last day of work should be considered the next working day.

Labor Code of the Russian Federation, Article 14. Calculation of deadlines

The period of time with which this Code relates the emergence of labor rights and obligations begins from the calendar date that determines the beginning of the occurrence of these rights and obligations.

The period of time with which this Code relates to the termination of labor rights and obligations begins the next day after the calendar date that determines the end of the employment relationship.

Terms calculated in years, months, weeks expire on the corresponding date of the last year, month or week of the term. The period calculated in calendar weeks or days also includes non-working days.

If the last day of the period falls on a non-working day, then the end of the period is considered to be the next working day following it.

It will also be the day of dismissal. It turns out that if the dismissal falls on a Sunday, the quitter will need to work it on Monday - this day will be the last working day.

If an employee working in a shift mode quits (schedules 2 by 2, 3 by 2, and the like), then the situation here is somewhat different. In this case, the date of termination of the employment contract is the date of the last day of work, and it does not matter at all whether it falls on a weekend or some red day of the calendar.

The employee may not even be present at the workplace on the last working day, for example, if with a 3 to 3 schedule the last shift was April 3, then the day of dismissal on April 5 falls on a scheduled day off.

It turns out that the actual last day of work will be April 3. In all documents, of course, the date of dismissal of the employee will still be April 5.

If an employee wants to resign while on vacation, he also needs to submit his application fourteen days in advance and also indicate the date of dismissal (most often it coincides with the last day of vacation).

According to Article 27 of the Labor Code of the Russian Federation, instead of receiving monetary compensation for those vacation days that have not yet been used, the employee can take them before dismissal and no longer come to the workplace.

Labor Code of the Russian Federation, Article 27. Forms of social partnership

Social partnership is carried out in the following forms:

• collective negotiations on the preparation of draft collective agreements, agreements and the conclusion of collective agreements, agreements;
• mutual consultations (negotiations) on the regulation of labor relations and other relations directly related to them, ensuring guarantees of the labor rights of workers and improving labor legislation and other regulatory legal acts containing labor law norms;
• participation of employees and their representatives in the management of the organization;
• participation of representatives of workers and employers in resolving labor disputes.

This dismissal occurs upon the written application of the employee and with the consent of the employer.

• In the text of the application, you should not use the conjunction “s” - this will add an extra day to the work;
• the countdown of the last two weeks begins from the next day after the employer received the employee’s application;
• with a standard work week of five days, the last working day that falls on a weekend will have to be worked on Monday; with a shift schedule, such problems will not arise, you just need to count off two weeks.

What should an employee leave with?

On the last working day, the resigning employee must receive his/her work book with marks of acceptance and dismissal, as well as the final payment.

The final payment consists of: wages for the entire month worked or part of it, compensation for unused regular vacation, as well as other payments (if they are provided for by labor and collective agreements).

In the case where the employee has already used some vacation days in advance, the vacation pay is recalculated and the required amount of money is deducted from the calculation amount.

Delay in payment of the settlement is an administrative offense and may result in a fine for an unscrupulous employer.

Also, the person who quits must obtain his or her work book. Withholding it for any reason (not issued bypass sheet, debts to the company, etc.) is a violation of the law.

And if such behavior leads to a situation in which the employee does not have time to go to work in a new place on time and loses wages, then, according to Article 165 of the Labor Code of the Russian Federation, the employer will have to compensate for lost profits from his own pocket.

Leaving your old job is not only the end of a certain stage in your career, but also a signal for the beginning of a completely new life.

New professional knowledge, acquisition of new skills and abilities, interesting acquaintances and creative realization await you. Dare and don't be afraid of anything!

In the life of every employee, one day there comes a day of parting with a beloved (or not so beloved) organization. It is recommended to prepare for the onset of this day in advance and find out in advance whether the day of dismissal is considered a working day, as well as what manipulations the employer must perform with the documents of the resigning person in order to let him go without debts and mutual claims.

What day is considered the day of dismissal and is it fair to consider it a working day?

According to the provisions of the current legislation, the day of separation from the company is considered to be a working day. The date falling on this day must be expressly indicated in the resignation letter of the employee. On this day, the citizen leaving the company receives a work book and other documents required to be issued in this case, as well as a full financial statement.

According to the standard scheme, if the day of dismissal falls on a weekend or holiday, the employee must receive a payment from the company on the first working day that immediately follows this weekend.

So, for example, if the date specified in the resignation letter falls on Sunday, the employee must appear for the paycheck, work book and other papers on Monday.

It is precisely this scheme for determining the day of dismissal that applies to the most common way to leave the company - when leaving at will - as well as when leaving by mutual agreement of the parties.

If the day of dismissal falls on a weekend or holiday, the employee must receive a paycheck from the company on the first working day

If an employee has expressed a desire to go on vacation followed by dismissal, the last working day and day of dismissal for him will be the final day of vacation. If an employee gets sick and goes on sick leave during the working period, to complete the dismissal process, you will need to wait until the sick leave is closed. The next working day after leaving sick leave will be accepted as the day of dismissal in this case. Sick leave must be paid in full. If an employee does not show up to work after the end of sick leave, missed days.

In the event of expiration of the fixed-term contract, the standard scheme is also applicable. In such a situation, the employer is obliged to warn the employee about the upcoming event three days before the date of dismissal. The contract under which a temporary employee was hired for the period of absence of the main employee expires on the day the main employee leaves. In this situation, the code does not require notifying the temporary worker of the return of the permanent one.

When it comes to dismissal at the initiative of the employer, when staffing is reduced, when dismissal upon return from vacation or sick leave, the above scheme also applies. If a company wants to fire an employee for absenteeism, he can be fired on the last working day before the absenteeism, but orders and other documents must contain the current date. There is a second option, which is that the dismissal occurs on the employee’s first working day after absenteeism. In this case, the date of dismissal and the date of the dismissal order will coincide, and days of absenteeism are marked accordingly in the report card and are not subject to payment. This method is more preferable for the employer, since it will be impossible to find fault with him during legal proceedings.

Dismissal due to the death of an employee also occurs. In this case, in order to issue a dismissal order, it is necessary to obtain a certificate of death from the relatives of the deceased. The day of dismissal will be considered the day of death of the employee. In this case, the day of dismissal will be the last working day if the person died on a working day, and will not be such if this unpleasant event occurred on a day off. If the day of dismissal falls on a weekend, the dates of the order and direct dismissal will be different. The order must indicate the date of presentation of the death certificate to the employer.

Video: last day of work upon dismissal

How to correctly indicate the date of dismissal in an application, in an order, in a work book, and is it possible to move the date of dismissal?

In practice, there are many situations where an incorrectly determined dismissal date becomes the reason for lawsuits and proceedings. Most often, the courts take the side of the dismissed employee, which is why companies must be very careful when calculating the last working day and the day of dismissal of the employee.

When dismissal occurs at the initiative of an employee, the desired date of departure must be clearly stated in his application. HR specialists recommend avoiding the preposition “with” when indicating the date in the application; in other words, the phrase “I ask you to fire me on March 5 of this year” is more preferable, and the phrase “I ask you to fire me on March 5, 2018” should be avoided. The same date must be indicated in all documents issued on the basis of the resignation letter, that is, in the order and in the work book. The employer does not have the right to arbitrarily move the dismissal date even if there are unfinished projects and untransferred cases. By dismissing an employee earlier than he himself stated in the relevant document, the employer violates the employee’s legal right to withdraw his application if the latter for some reason changes his intentions. Dismissal later than the stated day may be interpreted as an attempt to retain an employee against his will, which is also prohibited by the Labor Code of the Russian Federation.

Particular attention should be paid to correctly indicating the date of the last working day

Features of working off upon dismissal

Upon dismissal, an employee leaving the company is legally required to work a certain number of days. The duration of work can vary from three to fourteen days; some categories of citizens have the right to leave the company in one day without working at all. Those who will have to interact with the employer for some time after the application are very interested in the following questions:

• what day does the work start?
• can working hours include weekends and holidays;
• Is it possible to quit without working in principle;
• how to correctly determine the last working day.

We will answer each of the questions in turn.

The days of service are counted from the day following the submission (registration) of the resignation letter. The law does not say that the employee must work during the working days; thus, working days may include days off and holidays, days of paid or unpaid vacation and sick leave days. Certain categories of citizens have the right to resign without service, namely:

• persons of retirement age;
• women expecting a child;
• mothers and other persons who are adoptive parents of one or more children under the age of 14 years.

In addition, citizens who do not belong to the above categories also have the legal right to leave the company at any day. They can do this when specific life circumstances occur:

• admission to study at a higher education institution or other educational institution for a bachelor's or master's degree in a full-time education department;
• the arrival of the appropriate age (55 years for women and 60 years for men) and the employee’s retirement;
• violation by an employee of the rules of the Labor Code or the provisions of local labor or collective contracts;
• moving to another area to a new place of residence for the purpose of employment or for medical reasons;
• emigration of a spouse for employment abroad;
• obligations to provide care for a family member in a state of incapacity, a child in a state of disability, or a child whose age does not exceed 14 years.

If the employee does not belong to any of the listed categories, but he has a very strong desire to part with the company as soon as possible, you can try to negotiate with management directly. In some cases, the parties find the possibility of a compromise, and the desire to leave the company without working at all turns out to be feasible.

The author’s personal practice shows how you can use to your advantage the provisions of the Labor Code, according to which the working period includes weekends and holidays. The author of these lines once had to submit a letter of resignation from the company on the eve of the long New Year and Christmas holidays. The application was submitted on December 28, due to which almost the entire period of fourteen-day work fell on weekends and holidays. This simple method can help reduce the amount of work required upon dismissal, because the law does not require a citizen to work directly on the days of service. In the case where the work is only three days, by selecting the date for submitting the application in a certain way (for example, before the May holidays), you can ensure that all the work will take place on weekends, after which you can safely come to the company for payment and payment due documents. Of course, the employer may not like this very much, but in such a situation everyone is free to set priorities on their own.

Determining the last working day is very simple. It is enough to count the days of work, starting from the day following the day of filing the application. The last day of work will be the last working day in the company, as well as the day of dismissal.

In most cases, employees of the enterprise’s personnel department are able to answer any questions regarding the dismissal procedure. They are interested in ensuring that the dismissal is completed correctly, so they readily provide application templates and advise on the intricacies of the process.

Video: is it necessary to work for two weeks when leaving the company?

When settlement is made with an employee upon dismissal

All final settlements with an employee leaving the company are supposed to be made on his last working day at the enterprise. On the same day, the departing employee must receive his work book, and along with it other documents that are usually issued in this case.

According to Article 84.1 of the Labor Code of the Russian Federation, on the day of expiration of the employment contract, in other words, on the last working day of the employee, he is entitled to receive from the employer the full amount of wages for the days worked, as well as allowances, bonuses, and other payments due under the terms of the employment contract , and compensation for unused vacation, if the latter is present. If on the day of his dismissal a citizen was absent from the workplace, the employer is obliged to pay the employee the financial resources due the next day or at the first request of the resigning employee (see Article 140 of the Labor Code of the Russian Federation).

If there are unused vacation days, the employee must be paid financial compensation for each of such days. The amount of compensation is calculated based on the employee’s average monthly salary. The number of vacation days depends on how long the citizen worked in a given company.

At some enterprises, employees who resign at their own request are also entitled to severance pay. Severance pay is paid only at those enterprises where it is provided for by internal regulations or the terms of the employment contract.

Video: payment terms upon dismissal

When leaving a company, it is recommended to do so in such a way that a good memory remains of you, because you can never be sure that the paths of you and your colleagues or superiors will not cross again. In order to avoid any abuse on the part of the employer, every employee must know what labor rights he has both during the work process and when parting with the employer. Such awareness will help you part ways gracefully, in a timely manner, and with maximum benefit for both parties.