What is the last working day of the letter of resignation? What day is considered the last working day upon dismissal

According to Russian labor law, an employee who decides to quit must work for the prescribed two weeks. But can you quit early? This rule has exceptions, as certain cases, and you can leave the organization immediately after applying.

By law, a person who decides to leave a job on own will, must notify the manager of his decision to quit 14 days in advance. This term is called processing.

The legislation also regulates other terms for dismissal. This may be in cases where a reduction procedure has been announced at the enterprise, then the employee is warned about this two months in advance.

The maximum period during which an employee must perform his duties (two weeks) can be reduced if he is initially accepted by the manager on special conditions. They should be written about. So, the special conditions are as follows:

According to , the employee was accepted as part of a probationary period.
The person is designed to perform seasonal work. If the head decided to dismiss the employee, then he must be informed seven days before the issuance of the order.
The agreement was drawn up under Art. 292 TK Russian Federation and its duration does not exceed 2 months.

Observing the term, the employee must also fulfill his obligations related to leaving at his own request:

Notification of the head takes place in writing. The application is written 14 days before leaving, and in some cases - on the same day. Therefore, the timing may be different, it all depends on the circumstances.
The employee is obliged to receive a calculation and a document on labor activity.
Receipt.
Receiving severance pay. This type of payment is usually provided for by a collective agreement.

When processing is not required

Is it possible to be fired without work? There are times when an employee is allowed to be fired on the same day when applying. At the same time, the terms of the contract are not violated, and the employee does not deprive himself of the payments due to him. But if there is no reason not to work for 14 days, then you can ask your boss and spend the rest of the time at home.

This method is not without drawbacks, including the following points:

the employee is not entitled to compensation for unused vacation, since he uses it;
date of dismissal - in two weeks;
the boss may not release the person leaving on vacation for this time, the legislation gives the right to resolve such an issue precisely with the management.

You can bypass such a formality as working out, if available. If the resigning person has documentary evidence of the fact that his rights were violated by the management, then he, too, may not work for 2 weeks.

Art. 81 Labor Code The Russian Federation provides for cases when an employee does not need to work for 2 weeks after submitting an application. Let's call them:

retirement;
enrollment in the full-time department of higher education educational institution, which makes it impossible to further extend labor activity;
violation of the law by the employee;
other cases.

Other cases include the following situations:

new job in another city;
moving the second of the spouses to work outside the country;
caring for a child up to the age of 14, a child with physical or mental disabilities or a sick child;
care adopted child up to 14 years;
pregnancy.

Is it possible to quit in one day?

How to quit in one day? One-day dismissal is possible, but this practice is rare. More often very quickly release those employees who are simply unreliable, for whom there are repeated violations employment contract.

There are also official grounds for leaving on the day of application, they are listed in the labor code. Some organizations in their collective agreements provide additional reasons to quit one day.

If the circumstances under which a person would like to urgently leave work without working off do not fit any of paragraph 81 of Article 8 of the Labor Code of the Russian Federation, then the local acts of the organization in which he works can be reviewed. Perhaps there are additional reasons that can be cited.

It should be understood that it is not always possible to get a settlement so quickly and immediately after notifying the authorities of your decision. Due to some circumstances, the management of the enterprise may need several days.

Registration procedure

The procedure for dismissal without working off the prescribed two weeks is no different from the standard process. Except it's going faster. The formatting looks like this:

submission of a written statement of resignation to the management of the enterprise;
issuance of a dismissal order;
settlement with the employee and transfer of all documents to him.

If the dismissal order is issued on the day the application is written, then sometimes you will have to wait with the issuance of documents and receipt of the calculation. However, the employer must make the payment no later than the next day after the dismissal of the employee.

Applying

To quit your job, you must submit to management. The document should display the fact that the employee wants to quit in 1 day. Besides, given fact requires documentary evidence.

Such data must contain an application for the dismissal of an employee:

position and name of the person who has the right to register these applications;
company name;
position and name of the initiator of this document;
the name of the structural unit in which the employee who is leaving works;
in the application itself, it is necessary to state the request to be dismissed from work;
the employee indicates that he wants to receive a calculation without working off;
reasons for this desire;
a list of papers that must be attached to the application, among which, in particular, there should be papers confirming the need for urgent dismissal;
when the whole process occurs with the agreement of the parties, then it is necessary to indicate their details;
at the end of the sheet, the date, signature and initials of the applicant are affixed.

The application is signed and submitted to the personnel department in the organization or directly to the management of the enterprise. When a document is accepted, an incoming number is affixed to it.

Issuing an order

Filling out a dismissal order does not differ much from the standard T-8 form. The only feature of such an order is that the date of its issue and the date of dismissal may coincide or differ by a day. Details and registration of the order are identical to other forms.

The order signed by the director is transferred to the accounting department for all accruals. The employee must also familiarize himself with the order of his dismissal, put his signature, which will mean consent to the entry of such information.

Enrollment in labor

It doesn’t matter if the employee works for the required 2 weeks or is fired in one day, the entry in the work book will be the same. The book contains the article on the basis of which the dismissal was made. It also includes an explanation.

The entry in the work book and the entry in the order regarding the employee must correspond to each other. They cannot be different. In addition to the entry on the page, there must be:

date of dismissal;
signature of the employee of the personnel department who made an entry in the work book;
Stamp of the company.

Employee benefits

payouts, due to the employee upon dismissal with working off are identical to those issued upon leaving without working off. The main compensation consists of money that is paid for unused vacation. But on the condition that there is an unused part of it.

Some companies give extra money to pregnant women and retirees. You can find out whether there are such payments or not if you read the collective agreement or it may be indicated by the employment contract.

Additional payments are received by employees who leave former place work by agreement of the parties. In order to do this, you need to fix the exact amount of payments due to the employee in the document.

Thus, at your own request, you can quit in one day. But this requires certain circumstances provided by law. If they are confirmed, the employer is obliged to dismiss the employee on the day the application is submitted.

The procedure for dismissal at will

The procedure for dismissal at will involves, first of all, the employee writing a letter of resignation. The application indicates the date of dismissal and its grounds (“of one's own free will”), it must be signed by the employee indicating the date of compilation.

Indicate in the application reason for voluntary resignation not necessary. However, if circumstances require resigning, then the reason must be indicated, in addition, personnel officers may be asked to document it. In other cases, the phrase "I ask you to dismiss me of your own free will on such and such a date" is sufficient.

After the application for dismissal is transferred to the personnel department, a dismissal order. Usually, a unified form of such an order is used (), approved by the Resolution of the State Statistics Committee of 01/05/2004 No. 1. In the order, it is necessary to make a reference to the Labor Code of the Russian Federation, as well as provide the details of the employee's application. The employee must be familiarized with the order of dismissal against signature. If the order cannot be brought to the attention of the dismissed person (he is absent or refused to familiarize himself with the order), then a corresponding entry is made on the document.

Terms of dismissal at will

By general rule, enshrined in, the employee must notify the employer of the upcoming dismissal no later than two weeks in advance. This period begins on the day after the employer receives the letter of resignation.

However, the so-called two-week working period can be reduced by agreement between the employee and the employer. In addition, the law does not oblige the employee to be at the workplace during the period of notice of dismissal. He can go on vacation, sick leave, etc., while terms of dismissal will not change.

There are statutory exceptions to the general rule of a two-week working off. So, upon dismissal during the trial period, the notice period for dismissal is three days, and upon dismissal of the head of the organization - one month.

Calculation upon dismissal of one's own free will

Calculation upon dismissal of one's own free will, as well as on other grounds, must be made on the day of dismissal, that is, on the last day of work. Calculation of severance involves the payment of all amounts due to the employee: wages, compensation for unused vacations, payments provided for by the collective and labor agreements. If the dismissed employee used the vacation in advance, the paid vacation pay is recalculated, the corresponding amount is deducted from the salary in the final calculation.

If the employee was absent from work on the day of dismissal and could not receive the calculation, he has the right to apply for it at any other time. The amount due to him must be paid no later than the next day after the appeal.

Voluntary dismissal during vacation

Retire voluntarily while on vacation the law does not prohibit. Such a ban is provided only for dismissal at the initiative of the employer. The employee has the right to write a letter of resignation while on vacation, or to attribute the date of the proposed dismissal to the vacation period.

If an employee wants to apply for resignation while on vacation, it is not required to recall him from vacation

Also, an employee can quit at his own request after using the vacation. Note that the provision of leave with subsequent dismissal is a right, not an obligation of the employer. If such leave is granted, the day of dismissal shall be considered the last day of the leave. However, for the purposes of settlements with the employee, the last day of work in this case is the day preceding the start of the vacation. On this day, the work book should be issued to the employee and all necessary payments should be made. This is a kind of exception to the general rule given, confirmed.

Voluntary dismissal during sick leave

Resign at will while on sick leave can. prohibits such dismissal only at the initiative of the employer.

An employee has the right to apply for dismissal during a period of temporary disability. A situation may also arise when the previously agreed date of dismissal falls on the sick leave period. In this case, the employer will issue the dismissal on the day specified in the application for dismissal, provided that the employee has not withdrawn this application. The employer is not entitled to independently change the date of dismissal.

On the last day of work, even if it falls on sick leave, the employer makes the final payment, issues a dismissal order, in which he makes a note about the absence of the employee and the inability to familiarize him with the order. The employee will come for the work book after recovery or, with his consent, it will be sent to him by mail. All amounts due to the employee will be paid to him

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 is obliged to terminate the employment contract within the period specified in the resignation letter (Article 80 of the Labor Code RF).

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 go about your business 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 must only 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 in 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 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 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 the employment relationship, and then an application for extraordinary leave, 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 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 single unified form, and a sample can be used to fill out. 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 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.

When terminating an employment relationship, it is necessary to correctly determine which day is considered the day of dismissal, and which is the last working day. By virtue of h. 4 Article. 84.1 of the Labor Code of the Russian Federation, on the date of termination of the employment contract, the employer is obliged:

issue a work book;
make the final payment;
at the request of the employee, issue certified copies of documents related to work.

If a person leaves of his own free will with a two-week working off, most often this date is written directly in the application, and contentious issues does not occur. But situations are different. Therefore, in order to determine when the last time to appear at work and whether it is necessary to leave on the date of dismissal, we turn to the position of labor legislation.

By virtue of the requirements of Article 77 of the Labor Code, the last working day upon dismissal is the date of termination of the working relationship. Article 84.1 regulates that the employee terminates his labor activity at the time of termination of the employment contract. However, as practice shows, it happens that a person is absent from his place on the last day, but it remains with him. For example, if working on a schedule, and the 14th day did not fall on his shift. In such a situation, the day of dismissal of the employee is still this date, but the last day actually worked will be subject to payment.

When is the last day of work?

Part 1 of Article 80 of the Labor Code gives the employee the right to terminate the employment contract on his own initiative with a written notice to the employer no later than two weeks in advance. Moreover, the period begins to run from the day following the receipt of the application by the employer. For example, if you apply on Monday, the deadline starts on Tuesday, so the 14th day will be Monday.

In all cases, if the last day falls on a working day, the last 8 or 12 hours of work in the organization (depending on the schedule) are considered the day of dismissal of the employee. In this case, for him, the date of dismissal is considered the last working day, and he is payable.

When is the last day a weekend or holiday?

The date of termination of the contract may coincide with a weekend or holiday, both when leaving at the initiative of the employee, and at the initiative of the employer, when the organization is liquidated or the staff is reduced (clauses 1, 2, parts 1, article 81 of the Labor Code of the Russian Federation). A similar situation may arise after the expiration of the contract or due to unsatisfactory passing of the test. In addition, one should not exclude the situation of retirement and others, when the employer is obliged to terminate the contract within the period specified in the application (part 3 of article 80 of the Labor Code of the Russian Federation).

In any case, the employer is obliged to terminate the employment relationship within the period established by law, regardless of whether the date is a day off or not, since if the contract is terminated on the day before the day off, the employee’s right to withdraw his application is violated. And a day later, the labor rights of the dismissed person are violated, since in fact the employee continues to work beyond the notice period, while he could start working elsewhere after the weekend.

Thus, it is possible to transfer the funds due on the eve of a holiday or weekend, and the documents must be published by the date of immediate dismissal. If a person is not at the workplace at that moment, the documents are sent to him by mail. If the personnel and accounting services do not work on this day, they must be called.

Can I be fired on vacation, on sick leave or during a business trip

The question often arises, can they be fired on sick leave? The employer is not entitled to terminate the employment relationship on its own initiative with a person who is on sick leave. In this situation, the termination date will be the first working day after the temporary disability sheet is closed. However, the employee himself, at his own request, has the right to quit while he is on sick leave.

The law establishes the right of an employee to take the rest of his vacation with the subsequent departure from work. When submitting such an application, the time of termination of the employment contract will be considered the last day of the employee's rest.

As for the period of being on a business trip, the person retains his workplace and all guarantees associated with the termination of employment relations are provided, while both parties to the contract can act as the initiator.

How to quit remotely

Upon termination of the employment relationship of his own free will, the employee submits a statement to the employer, for example, by mail or telegram while on a business trip or by a trustee on the basis of a power of attorney.

The procedure must be properly executed (issue an order, familiarize it with a signature, fill out a labor one) and comply with all deadlines. Therefore, if the date of dismissal coincides with the period of being on a business trip, the employee is recalled to the place of work to complete all documents and make payments. The review is issued by the appropriate order.

When terminating an employment relationship at the initiative of the employer while on a business trip, you need to pay attention to compliance with the procedure. So, for example, in the case of absenteeism, it is necessary to select written explanations from the person who committed the violation. If he does not have the opportunity to give such explanations while on a business trip, and the employer did not request them, then such a dismissal is illegal. Before terminating the working relationship, the traveler must hand over all documentation related to the payment of travel expenses.

What to do if dismissed with violations

Based on existing judicial practice, employees often apply for reinstatement in connection with the termination of employment on a weekend or holiday, or due to the fact that they did not pay the amounts due on the day of termination of the employment relationship or did not issue documents.

For example, employees who were downsized filed a lawsuit to recognize the dismissal as illegal, since the date after the expiration of the two-month notice period fell on a weekend. But the court did not find a violation, since labor legislation does not contain such restrictions (Appeal ruling of the Moscow City Court dated November 20, 2012 in case No. 11-21106 / 12).

It is necessary to establish whether the day of dismissal is considered a working day or not, as this affects the issuance of the final calculation and documents. By virtue of Article 140 of the Labor Code, if a person did not work on that day, then the corresponding amounts are paid no later than the next day after the employee submits a request for payment.

And some employers interpret this in such a way that if the employee is absent on the day of dismissal in the organization and if he did not come to receive Money, then they have the right not to pay them until he makes a written request for settlement. However, this position is incorrect, since the obligation to pay on time rests with the employer. In addition, there is no obligation in the law to present claims for settlement in writing. Accordingly, for the late payment of the amounts due, the employer will have to pay appropriate compensation.

Responsibility for violations

Responsibility for violation of deadlines, as well as for illegal dismissal, falls under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. Provides a warning or imposition of an administrative fine on executive, as well as for individual entrepreneurs in the amount of 1000 to 5000 rubles, for entity- from 30,000 to 50,000 rubles.

The dismissal procedure cannot be carried out for short period, it takes from several days to two or three months, depending on the article of the Labor Code, according to 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.

The employer and employee have equal right suspend action 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, moving, military service. Therefore, it is impossible to establish a single procedure for 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 retirement age and the decision to take advantage of the opportunity to take 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 leave sick leave, do not have any benefits and are subject to removal from office according to 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, listing vacant positions that suit him in terms of qualifications 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 must be entered the exact date last day in the workplace, which will be 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 an 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 at this enterprise is not the last day on vacation, but the date on the eve of the vacation, that is, the final day of labor activity 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 Federal Service on labor 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 terminating labor relations takes place on general grounds. That is, he needs to work for 2 weeks, just like all other employees.

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.

A pensioner can stop working 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 of forced absenteeism in the amount of average earnings (Article 234 of the Labor Code). If the complaint is sent to the address of the Labor Inspectorate, then the company and management can be fined for violating the Labor Code.

If the employee was not issued a work book on time and he for a long time does not come for it, 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 business 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:

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.
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. AT leap year the term will end on February 29, and in other years - 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.