The day of dismissal is the last working day. Voluntary dismissal

Each company or entrepreneur who is an employer is obliged to pay the citizen in full on the day of dismissal. The personnel 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 the 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, by law, retained his position.

On the last working day, the accountant must not only calculate the payments and compensations due to an individual, which include salary, compensation for unspent vacation and similar payments, provide a work book, but also transfer tax on income received by a 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 should work on the day of dismissal. Consider how to find out the date of termination of professional obligations to the organization in different situations:

1. In order to initiate the process of terminating the contract by an individual, a written application is required. Personnel employees are often visited by 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 his two-week work 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 upon dismissal own will must be counted from the day following the submission of personnel service applications from individuals (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 side of the professional relationship. Accordingly, the document should indicate that determined by the parties The last day of work 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 with the retention of the position, the last day upon termination of the current contract is determined somewhat differently. Such situations include temporary disability or vacation of an employee. norms labor law it was determined that individuals cannot be fired on sick leave, as a result of which the day of dismissal is considered the next working day after the citizen closes the sick leave and goes to work. Also in personnel practice, a situation is often encountered when an employee goes on vacation with the 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 an employee is the final day of his vacation.

What date of dismissal should be reflected in the employee's statement?

How to reflect the last working day in a letter of resignation? What wording should be used to fire "from" or fire "last business day"? 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 reflect in the application that the dismissal is carried out from the “date of dismissal”, then the next working day can be considered the day of dismissal of the employee. 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 the staff and personnel departments questions arise about whether the employee is obliged to work on the day of dismissal, and also whether the day of dismissal is considered a working day. The information provided 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 of whether the day of dismissal is a working day is unambiguous - yes, in most personnel situations.

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 is the initiator: the manager or the employee. In some cases, the process may drag on for 2 weeks: it is during this period that the resigning person is obliged to warn about his departure. There are also exceptions, when both sides manage to reach a consensus and set a date in advance.

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

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

Of your own accord

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, that is, the date indicated in the application.

• Engineer Petrov V.V. submitted a letter of resignation on July 1 without prior agreement with the head - accordingly, his last working day will be considered the 15th day of the same month, since the countdown begins only from the day following the date of the document.
• Accountant Agafonova A.O. agreed in advance with the director about her departure of her own free will. The date of dismissal will be 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 personnel department or manager.

To the question “do I need to work on the day of dismissal of my own free will” in labor legislation there is an unequivocal 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 with the director.

By reduction

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

With and without work

According to Art. 80 of the Labor Code of the Russian Federation, an employee leaving 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 working off, and directly on the day the application is submitted. It is worth noting that the calculation of the term begins the next day after the warning, i.e. if the employee submitted the application on September 1, then the countdown will be made only from the 2nd day of this month, and September 15 will be considered the date of dismissal.

There are times when an employee can quit without working off: 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 indicated in the application from the employee.

An employee can also quit without working off 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 their 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 objectionable employee returning to the organization.
• Compensation payments to the employee are made only at the request of the director, in other cases he only has to transfer the salary and compensation for unused vacation. If a subordinate goes on vacation with subsequent dismissal, then he is entitled to only vacation pay.
• The agreement can be drawn up in any form, since it is not regulated by law.
• It is possible to dismiss an employee by agreement even when he is on vacation or on sick leave. In other cases, without an agreement, termination of the employment contract will be considered unlawful.

In liquidation and bankruptcy

If a special commission decided to liquidate the enterprise, then the employees must be notified of the upcoming dismissal no later than 2 months in advance. When employed for seasonal work this period is reduced to 1 week, and those with whom employment contracts have been 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 the expiration of all terms, the head issues orders to terminate labor relations, and with them he is obliged to familiarize each employee against signature. In the future, it is necessary to make an appropriate entry in the work book and pay on time all the compensation due to each employee upon dismissal in connection with the liquidation of the company. Failure to do so may result in dismissed employees filing a claim with court of Arbitration, which will cause a lot of trouble to the former employer.

On sick leave before leaving

Labor legislation under no circumstances allows the dismissal of an employee at the request of the manager while the first one is on sick leave, because this is considered a violation of his rights and legal norms. Another thing is the 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 employment. In this case, the head is obliged to dismiss him on the date indicated in the application, and the subordinate works out the remaining days after leaving the hospital.
• The employee goes on sick leave and leaves it 1 day before the date indicated in the letter of resignation. In such a situation, the employer is obliged to pay a 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 a vacation with subsequent dismissal. The paperwork procedure is very simple: first, he submits an application for resignation to the employer, indicating in it the reason and date of termination of employment, and then an application for an extraordinary vacation, indicating its period in calendar days and the date from which it is planned to go on vacation.

The employee did not return from absenteeism

Systematic absenteeism is a good reason for termination of employment at the initiative of the employer, however, before drawing up the order, he must establish that the subordinate really misses work without a good reason. If it was revealed that the employee was absenteeism, and the manager decided to dismiss him, then he signs the corresponding order, which indicates the working day that preceded the first day of absenteeism as the date of dismissal.

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

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

Date of application and dismissal

According to labor law, the last working day will be considered the date of termination of the employment contract. Do I have to work on the day of dismissal? Of course, it is necessary, because only from the next day they stop labor obligations worker. If the dismissal occurs at the initiative of the employer or it turns out to agree 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 is terminated on the day when the employee, in accordance with the order of the employer, must go to work for the last time, after which he takes 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 the employee's work. Accordingly, payments for it are made in the same way as for the entire previous time.

Dismissal order

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 unified unified form, and you can use a sample to fill in. The order must contain the following information:

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

After the order is drawn up, an appropriate entry is made in the work book of the employee, and then the final payment is made.

Enrollment in labor

Employees of the personnel department usually fill out the work book, and the following data must be entered into it upon dismissal:

• Ordinal 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 termination of the employment contract is made (Order, its number and date of compilation).

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

Knowing everything about the day of dismissal - how to count, how to fill out employment history what date is the last working day - both the resigning and the employer can easily carry out the procedure for terminating the employment relationship, which, if such nuances are not known, raises a lot of questions and difficulties.

04/13/2018, Sasha Bukashka

The day of dismissal is usually the last day of the employment relationship between the person and the company. How is it correct according to the law to consider it: working or no longer? Let's figure it out.

For every person, there comes a time when he wants to leave his job or when an employer wants to leave him. In such situations, many questions arise, one of them is just relevant for today: “The day of dismissal is considered a working day or not”?

Part 2 of our country gives a direct answer to it. By virtue of its provisions, the day of dismissal of an employee is always considered the last working day of a person, regardless of the reasons and grounds for breaking off labor relations. Only in exceptional cases, dismissal is carried out on a different date. These are the circumstances under which a person did not actually work, but by virtue of the law he retains workplace(illness, maternity leave, vacation, etc.).

The grounds for dismissal in this case do not play any role: whether of their own free will, or at the initiative of the employer, or even in general to reduce staff - this does not affect the fact that the last day in this place for the resigning is the day of dismissal, while he is a worker .

Last day when leaving on sick leave

In the days of illness, a person retains his position. The employer, of his own free will, has no right to break off relations with the employee, since the employee is exempted from performing work functions due to illness. He will also have a certificate of this 🙂 But if the citizen who is on the ballot wants to end the relationship with the employer himself, he can be fired on the date of the sick leave. The last working day upon dismissal in this case will not be working at all. Or not a worker at all, since a citizen is still sick.

The issuance of a work book and settlement to a person in this case is carried out according to the rules established by law. So, wages and other due amounts (compensation for unused vacation, for example) should be transferred to a citizen bank card on the day of dismissal. And since, as we found out, he is absent from the place of work due to illness, the employer needs to send him a notice asking him to come for a work book or send in response a written permission to send it by Russian Post.

In the administrative document on the termination of the employment contract, it is necessary to put an appropriate note that the employee did not sign the order due to the circumstances due to which he was absent from work.

In the dry residue: for a sick employee who himself wanted to quit without leaving the sick leave, the last day will be non-working.

Can I be fired on a business trip or on vacation

The situation with the dismissal of a person who is on vacation or on a business trip is similar to the one that we examined a little higher - about dismissal on sick leave. That is, at the initiative of the employer, this is excluded. Dismissal is possible only at the own request of the employee himself. The company will not be able to keep it by force.

The day of dismissal of an employee is his non-working day

What day is considered the day of dismissal, if it is a vacation with subsequent departure

If a citizen decides to simultaneously go on a legal vacation and part with the company, then the last day of work for dismissal will be the day before the vacation. The organization should terminate the employment contract with the employee on the day before the start of his vacation. This is a working day. That is, to demand from the departing employee to fully work it out “from call to call” is the legal right of the authorities.

Summing up all of the above, we conclude that for almost any reason for the release of a citizen from his position, the date of dismissal is considered the last working day. On this date, the person still has to work and follow the work schedule, and the management is obliged to make all payments former employee and issue all documents (work book, certificates, and so on). And there are only a few situations when the question “is the day of dismissal considered a working day” can be answered conditionally in the negative: these are circumstances when this day coincides with the employee’s non-working day, or he actually worked, while he retained his position (vacation , sick leave or even a person decided to go and donate blood).

Not so long ago, my friend, an employee of a large commercial bank, received a notice of reduction in connection with the reorganization of the company. From his colleagues at the bank, he learned that the date of dismissal indicated in the notice is not a working day and is not paid.

But is it really so? With this question, my friend turned to me, a personnel officer with experience. After consulting a friend on this issue, I decided to write this article, which will help the reader figure out what day is considered the day of dismissal and whether it is necessary to work on the day of dismissal.

In order to determine which day is the day of dismissal, it is necessary to refer to article 84.1 of the Labor Code of the Russian Federation.

If you are resigning of your own free will, then the day of dismissal will be the date that you indicated in the resignation letter. For example, the phrase “I ask you to dismiss me of your own free will from 08/14/2019”, indicated by you in the application, means that the date of your dismissal is August 14, 2019. A similar rule applies if you draw up a dismissal by agreement of the parties.

The situation is slightly different with redundancy, because in this case, the date of dismissal is determined not by you, but by the employer. If we are talking about a reduction due to liquidation or reorganization, then no later than 2 months before the planned dismissal, the management of the company must send you a written notice. With the document, the employer notifies you of the upcoming dismissal and indicates the date of such dismissal. If you are going to be laid off due to reorganization, the employer is also obliged to offer you other vacancies in the company.

Date of dismissal

The last "line" of termination of employment between you and the employer is an order to dismiss. It doesn’t matter for what reason or on what basis you quit - it is the date of dismissal by order that is final and is reflected in the work book.

Let me explain more clearly. Let's say you wrote a statement asking you to dismiss you of your own free will on 08/14/2019. But after negotiations with the authorities, they changed their mind and decided to quit 2 weeks later - on August 28, 2019. In this case, you write an application again (already with a new date), the old application is canceled.

How to determine the date of dismissal in this case? There is only one answer - only by order. You have the right to write an unlimited number of applications, changing the date of dismissal. But, in the end, you will be fired on the date specified in the order. After all, a statement is a document that indicates your desire to quit, while the order approves the termination of employment.

If you leave the same day, then the date of dismissal is also determined by order. The only difference is that in this case, the application and the order for dismissal are issued on the same date.

The day of dismissal is considered a working day or not

The inclusion of the day of dismissal in paid working days is a popular issue not only for ordinary employees, but also for novice personnel officers.

Based on the provisions labor law, the day of dismissal is a full-time working day, which is paid in the general manner.

From the above, it follows that day of dismissal you must fully work. In other words, as on a normal working day, on this day you need to come to work on time, without delay, and you can leave the workplace only after labor day. If you work in shifts and your work shift fell on the day of dismissal, then such a shift must be worked out completely, in the general manner.

Many leaving employees are convinced that the day of dismissal is intended for issuing a bypass sheet and completing labor functions this day is not required. I hasten to dissuade you - this is not so! Until the moment when you leave the territory of the enterprise (but not before the end of the working day), the employment relationship with the employer is considered valid, which means that your labor obligations remain, namely, the fulfillment official functions. Writing reports, taking calls, meeting with clients - everything that you do on a normal working day, you must do on the day of dismissal.

Of course, the legislation provides for small "tricks" for those employees who are categorically against working on the last working day. For example, on this day you can apply for sick leave or vacation at your own expense. In the first case, you may not come to work on the basis of a sick leave, while the management will be obliged to pay you for this day in the prescribed manner.

The situation is a little more complicated with a vacation at your own expense, because it must first be agreed with the management. If you manage to sign an application for leave at your own expense with the manager, on the basis of which an order will be issued, then on the day of dismissal you may not work, but this day you will not be paid. If we talk about modern practice, then the employer is very reluctant to sign an application for leave at his own expense on the day the employee is dismissed.

After all, it is understood that on this day the management may have any working questions for the employee (for example, regarding the transfer of cases). Therefore, the chance that the day of dismissal for you will be a vacation at your own expense remains very illusory.

Obligations of the employer on the last working day

If everything is more or less clear with the duties of a leaving employee, then what should the employer do on the day the employee leaves? And again, the answer to this question is in the Labor Code.

On the day of dismissal, you have every right to demand from the employer:

• issuance of a work book;
• payment for the days worked, including the day of dismissal.

If on the day of dismissal you did not receive a payment or the employer refuses to issue you a work permit, feel free to file a complaint with the labor inspectorate.

Another important point: for the delay in the work book, you can recover a fine from the employer. The basis for the recovery is from the day of dismissal to the day of the actual issuance of a work permit, you are recognized as deprived of earnings due to the impossibility of finding a job. In this case, the employer is the guilty party, and therefore is obliged to pay compensation.

The dismissal procedure cannot be carried out in a short period, it takes from several days to two or three months, depending on the article Labor Code on which the contract is terminated.

This time is required for the manager to calculate, prepare required documents. During this period, the employee must complete his unfinished business, hand over inventory and documentation.

Employer and employee have the same right to suspend labor agreement. The need to terminate an employment contract can arise for many reasons.

In addition to the wishes of the parties, there are unforeseen circumstances that arise regardless of their will: family problems, relocation, military service. Therefore, it is impossible to install single order determining the day of dismissal for different cases.

Normative base

An employee of an enterprise is allowed to terminate the contract with his employer if he wishes. The manager also has the right to dismiss his employee under certain circumstances.

The last 8 hours of performance of their duties are considered simultaneously as the term of dismissal. On the day the contract ends, the employee ceases to be an employee of the enterprise (clause 1, article 84).

Therefore, the day on which a person exercises his official duties for the last time, it becomes the final working day for him (Decision of the Fifth Court of Appeal No. 05AP-829/2009 of the 5th of 06/17/2009).

How is the last working day determined?

The last day of a person's stay at the enterprise becomes his final working day (Article 84). At the same time, the law obliges him to fulfill his obligations under the contract. After the end of the working day, he receives a calculation, documents, all due payments.

This rule does not apply if by this moment a person is not fulfilling his duties, but according to the Labor Code or the Legislation of the Russian Federation, his workplace has been preserved for him. Such cases include the employee's stay on vacation, annual paid or temporary disability.

If the termination of the employment relationship is made by mutual agreement of the parties, then the day of dismissal must be agreed and appointed by both parties. Usually in the text of such an agreement it is written: “February 3 is considered the day of dismissal.”

Of your own accord

The main condition for dismissal in this case is the need, according to Art. 14 of the Labor Code, 2 weeks before the scheduled date, notify your manager. By agreement of the parties, a reduction in this period is sometimes allowed.

The countdown should start from the second day after the application was handed over to the management. The date of writing the application does not matter, the main thing is when the administration received it.

For example, the application was written on September 23, handed over to the manager on September 26, therefore, September 27 is the beginning of the countdown of two weeks, and October 10 is considered the day of dismissal.

The law allows for the possibility of quitting without working off under certain circumstances:

• admission to study, which does not give the opportunity to continue to work;
• achievement by a citizen of retirement age and the decision to take the opportunity to retire on a well-deserved rest;
• serious health problems.

Lawyers do not recommend using the following text: "I ask you to dismiss me of your own free will from November 3." When using this wording, it is difficult to determine whether a person goes to work on November 3 or the contract has already been terminated at that moment.

This moment is especially important for the accounting department or the personnel department, because it is on the last day that all the money due must be transferred, and the work book must be filled out.

Lawyers advise to enter: "I ask you to fire me of your own free will on November 3." Such a wording means that November 2 will be the final day of work, and on November 3 the agreement will already be terminated, a person should no longer come to work.

Upon liquidation of an enterprise

If the final termination of the operation of the enterprise due to closure or bankruptcy is planned, the manager is obliged to notify employees and trade union bodies 2 months before the planned closure.

If the activity of employees is seasonal, then the notification period is reduced to one week. Citizens with whom short-term contracts (up to 2 months) have been concluded must be warned three days in advance.

The administration issues a planned reduction order indicating the expected day of dismissal. This day becomes the deadline for the final settlement. Each employee receives a copy of the order, while he must sign and agree with the text of the order with his signature.

During the liquidation of the organization, pregnant workers, mothers who are in maternity leave, and employees on sick leave do not have any benefits and are subject to dismissal under the general rules.

When downsizing

With the planned reduction in staff, when a significant number of employees are to be laid off, the management writes an appropriate order, which must be presented to each reduced employee individually with a transfer vacancies that suit him in terms of skill level and wages.

The final day of work with a reduction in staff becomes the date of termination of the agreement, that is, official dismissal. If an employee is dismissed at the suggestion of the administration of the organization, then he should be notified of this no later than a two-month period before the planned date.

The notice of the day of dismissal cannot be oral, it has the form of an official written document, where it is necessary to enter the exact date of the last day at the workplace, which will become the date of official removal from office.

During sick leave

It is prohibited by law to remove a person from office during his illness, except for the inevitable cases during the liquidation or bankruptcy of an enterprise. The citizen is given the right, at will, to demand the annulment of the employment contract before the end of the sick leave.

Sometimes the date of termination of the contract agreement, planned in advance together with the employer, falls on the period of sick leave. But the boss cannot change the day of dismissal or postpone it at his discretion.

Despite the absence of a sick employee, the employer must carry out all the required procedures. On the day marked in the application, the manager goes to work, draws up an order, fills out a work book. It should be noted in the order that the employee does not have the opportunity to familiarize himself with the text of the order.

For the calculation and work book, a person comes after recovery. Sometimes you can send a book by mail. All due amounts are sent to the employee's account on the day when he makes a request for this, in extreme cases it is allowed to do this the next day after his application.

The sick leave allowance is calculated within 10 days after the presentation of the certificate of incapacity for work, and the money is issued or transferred on the next day of receipt of wages at the enterprise.

When dismissed for absenteeism

Absenteeism refers to situations where a person is actually absent from work, but his place is saved, since his superiors do not know for what reason the employee is absent. Only the absent person himself can explain the degree of respect for the reason for his absence.

If a person loses his job for absenteeism by decision of the head of the enterprise, then the final day of work cannot coincide with the date of dismissal. For example, an employee did not go to his workplace on May 23 without informing his director. He appeared at work on May 28, but cannot provide any justification for his absenteeism.

The employer records the fact of absenteeism, the execution of the relevant documents begins. The order to suspend employment must be issued on the date the truant appears at the workplace. Therefore, May 28 is the date of dismissal, it is entered in the work book, and May 22 is the final day when a person performed his duties.

If an employee of the organization misses work without legal justification, the day of dismissal is considered the day before the start of absenteeism.

Therefore, if you miss work without presenting a good reason, according to the law, the final day of work coincides with the last day before absenteeism.

Sometimes employers, in case of absenteeism, count the date of writing the order to dismiss the truant as the final day of his work at the enterprise.

Determination of the last day of vacation with subsequent dismissal

If the person with whom the termination of the contract is planned by the head is on vacation, including without pay, then the employer does not have the right to remove him from his post until the end of the vacation (clause 4, part 1, article 77).

A citizen on vacation is allowed to be fired if he himself initiates the termination of the contract. To do this, a confirmation letter from him with a personal electronic signature must be received.

Any employee can get a vacation, immediately after which he can quit. If the employee dismissed on his own initiative is on vacation, he is also obliged to notify the management of the enterprise no later than two weeks before his dismissal using an application.

The date of cancellation of the employment contract expected by the employee in practice usually corresponds to the final day of the vacation.

When leaving after a vacation, determining the last day of work raises many questions.

By its resolution No. 131-О-О dated January 25, 2007, the Constitutional Court of the Russian Federation formulated a legal position on this issue: the final day of labor activity on this enterprise- this is not the last day on vacation, but the date on the eve of the vacation, that is, the final day of work before the start of the vacation.

Therefore, when issuing a vacation permit to a person and subsequent dismissal, the employer on the day before the start of the vacation must:

• write the corresponding order;
• issue a work book to a citizen with relevant entries;
• make a payment with the payment of all due amounts.

This is prescribed by paragraph 1 of the Letter of the Federal Labor Service dated December 24, 2007 No. 5277-6-1 “On leave with subsequent dismissal”. A person must be provided with all previously unused vacation days.

Upon dismissal of a pensioner at his own request

A working pensioner has the right, on his own initiative, to submit an application for retirement. The wording "I ask you to dismiss me of your own free will, as a working pensioner" implies the provision of a three-day period of mandatory work for him.

If there is no indication of pension status, then the procedure for termination of employment takes place according to common grounds. That is, he needs to work for 2 weeks, just like all other workers.

The working days begin on the second day after the application is handed over to the management. The 15th day after that becomes the date of suspension from work.

stop labor activity a pensioner can do without working off, by signing an agreement with the management of the enterprise.

How to indicate the date of dismissal in the application?

The application can be written at your discretion. There is no single form. General requirements: the application is written with references to the Labor Code of the Russian Federation. You can write by hand or type. It is important to clearly indicate your own proposals and intentions regarding the termination of the agreement.

It is imperative to enter the date of termination of the contract, otherwise the manager may remove the applicant before the two-week period has passed.

The current number is placed under the text of the application. The date of writing the application has nothing to do with the date of dismissal. The day the application is written is a mandatory requisite, without which the document is invalid and cannot be accepted.

The date of dismissal is part of the applicant's appeal to the employer. It becomes the final day of labor relations. The dates of dismissal and writing of the application should not coincide.

Date on the notice of resignation

If the employer becomes the initiator of the termination of the contract, then the date of dismissal is written in the order written on behalf of the head. It becomes necessary:

• upon liquidation of the enterprise;
• reduction in the number of employees;
• leadership change;
• repeated gross violations of labor discipline;
• repeated evasion from the performance of their duties;
• absenteeism without legal reason.

The order of dismissal must coincide with the date of practical removal from office. After the actual dismissal, it is impossible to draw up an order, because before leaving, the employee is given his work book, and without a corresponding order it cannot be issued.

Before the day of dismissal, it is also inappropriate to write an order, because a person on the very last day may change his mind about leaving work and want to cancel his resignation.

The right to withdraw the application for resignation is guaranteed by the laws of the Russian Federation and cannot be violated by the employer.

Responsibility for violation of the date of dismissal

According to the law, on the day of dismissal of an employee, it is necessary to fully calculate. He receives the money due to him and the work book. In case of violation of the terms of dismissal or other points of this procedure, a citizen may apply to the court.

If on the last day a person cannot receive his work book due to the fault of the administration, the employer will have to pay compensation by law for the period forced absenteeism in the amount of average earnings (Article 234 of the Labor Code). If the complaint is sent to Labor Inspectorate, then the company and management can be fined for violating the Labor Code.

If the work book was not issued to the employee on time and he does not come for it for a long time, the employer will have to reimburse earnings for the entire period. You can protect yourself by sending a notification by mail that he needs to appear for documents.

If the employer does not comply with the date of dismissal, for example, suspends the employee before the end of the two-week period, then the person can be reinstated in his place, and the employer will have to pay for the entire period of forced absenteeism.

If after a two-week period a person continues to work, the contract with him is not canceled, and the employee does not insist on this, then the contract continues to operate on the same grounds. The person is no longer subject to removal from office, and if you try to fire him in the future, this will end in problems for the employer.

Therefore, the heads of the enterprise should be especially attentive to the calculation of the terms and dates of dismissal, to clearly determine the exact moment of the expiration of the contract.

Nuances

Not always the end of any period upon termination of the contract falls on a working day. The procedure for calculating the terms is regulated by Art. 14 TK.

If the deadline falls on a weekend, then it is not counted: the deadline becomes the first working day after it.

If the term of dismissal falls on a day that is a day off at this enterprise, then the resigning employee is obliged to go to his workplace on Monday immediately after this weekend. But the employer has no right to force him to work.

It is forbidden to dismiss an employee on the eve of the weekend for the following reasons:

1. During the weekend, the citizen retains all his rights, his workplace. Having dismissed him before the weekend on Friday, the employer does not allow him to exercise his legally guaranteed rights.
2. The employee cannot exercise his right to withdraw the application, which is also guaranteed to him by law.

On the eve of the weekend, it is allowed to dismiss an employee only by agreement of the parties. If a person works in shifts, then the final day of work becomes the moment of termination of the contract, even if it falls on a weekend or non-working day. The employer is obliged to go to work on the day off in order to complete all relevant procedures.

So, the date of dismissal becomes the last working day, regardless of on whose initiative the contract is terminated. This rule does not apply if the employee is absent from the enterprise, but retains his job.

When calculating terms in months, problems can arise if the date falls on a date that is not in this month. According to Art. 192 of the Civil Code, the end of the term in such cases is considered the last day of the month. For example, the period starts on November 30th and must end in February. In a leap year, the deadline will end on February 29, and in other years it will end on February 28.

The last day of a dismissed employee at his workplace is the moment of official termination of the employment agreement ().

On this day, a person is obliged to be at his workplace, to fully fulfill his duties, except when it is provided for by the terms of the employment agreement. For example, a dismissed employee performs the functions of a security guard and must be present at the workplace in two days.

The actual date of dismissal is October 21, his last shift took place on October 20, the next - on October 23.

An important point is the possibility of postponing the payment of the calculation and wages. It is prohibited by law to enter into an agreement to extend the payment period upon termination of an employment relationship.

Therefore, such a violation of the law may result in administrative liability for the management of the enterprise (Articles 234 and 236 of the Labor Code and Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

The punishment is a warning or an administrative fine (from 1 to 5 thousand rubles), a fine for legal entities - from 35 to 50 thousand.