How to determine the date of dismissal at your own request. What day is considered the last working day upon dismissal? Voluntary dismissal during vacation

20.09.2019

To prevent disputes, it is necessary to know exactly whether the day of dismissal is considered a working day or not. The experts will tell you about it. In the article you will find a dismissal date calculator.

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How to determine the date of termination: is the day of dismissal considered a working day

Upon termination employment contract the employer is obliged to make a full settlement with the employee, issue a work book, other documents that are related to labor activity and were stored in the organization. It is important for a personnel officer to know whether the day of dismissal is considered a working day or not, whether the date of termination of employment always coincides with the last day of work.

Subject to the provisions of Article 84.1, the employee terminates his labor activity on the day of the immediate termination of the employment contract. This is the actual date of dismissal. That is, the day of dismissal is a working day for the employee.

Often situations arise when an employee is actually absent from the workplace, for example, he works according to the schedule every other day. The shift ended on December 20, and the next one will begin on December 24. At the same time, the warning period ends on December 21, since the application for leaving on one’s own was submitted on December 7.

The expert of "Personnel System" will tell you how to formalize the termination of an employment contract when an employee leaves on his own. The article describes the procedure for dismissal, especially the preparation of the necessary documents.

Based on Article 14 of the Labor Code of the Russian Federation, in general, it is necessary to warn the employer about leaving 14 calendar days in advance. There are exceptions to this rule where the actual notice period is reduced or eliminated entirely. The countdown of fourteen days starts from the next working day after the application for dismissal was submitted.

The day of dismissal is considered the last working day. In the application, the employee must indicate: “I ask you to dismiss own will 21 December". In this situation, the last day of dismissal is not considered a working day. But the employee is not required to go to work to formalize the dismissal on his day off. Therefore, in this particular situation, on December 20, the employer must give the employee a full calculation and return the work book. The procedure for the employer's actions is described in detail in the "Personnel System": Is it possible to fire an employee on his day off

Date of dismissal upon dismissal by agreement of the parties

The last working day upon dismissal by agreement of the parties is indicated in a written agreement. The wording of the following character is introduced into it: "the day of dismissal is December 20." It should be borne in mind that when terminating an employment contract by agreement of the parties, there is no need to observe a two-week notice period. The TD is terminated on a date agreed between the parties.

What to do if the day of dismissal fell on a weekend

The day of the complete dismissal of the employee from work is considered the next day after the weekend or non-working holiday. This position is supported by:

Rostrud.
The norms of Article 14 of the Labor Code of the Russian Federation.

But it should be borne in mind that there is another position. Calculations and documents can be issued to a departing employee on the eve of non-working dates. This rule does not apply to shift work.

If an employee works on a shift schedule on the day of dismissal, the calculation is made on time, without any transfers. Such recommendations are given in the letter of Rostrud under No. 863-6-1 dated June 18, 2012. With this option, another problem may arise. On weekends and non-working holidays, accounting and personnel specialists have a rest. The employer has the right to call a personnel officer and an accountant. And then compensate such employees for going out on a weekend or non-working holiday in accordance with the requirements of the Labor Code of the Russian Federation.

What day is considered the day of dismissal during sick leave and in other cases

Consider whether the day of dismissal is a working day or not, if the termination of the employment contract is carried out upon receipt of leave with subsequent departure. In this case, the date of termination of employment is considered the last day of vacation. A full payment and all documents should be issued on the last working day before the vacation.

★ More on the topic in the magazine “Personnel Business: to minimize the risks for the company. From the article you will learn who does not have the right to count on rest with subsequent departure, how to arrange a vacation with subsequent dismissal for an employee with whom a fixed-term employment contract has been concluded.

An employee who is on sick leave cannot be fired only if the termination of the employment contract is at the initiative of the employer. This rule is established by Article 81 of the Labor Code of the Russian Federation. If the dismissal occurs for other reasons, for example, at the initiative of the employee or by agreement of the parties, the employee’s illness will not be an obstacle to terminating the contract.

The personnel officer needs to know whether the day of dismissal is considered a working day or not, whether the date of termination of employment always coincides with the last day of work. AT different situations the date of termination of the relationship is calculated taking into account the current legislation. The day of dismissal is considered a working day if it does not fall on a weekend and a holiday, vacation time, sick leave.

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) a citizen should be transferred to 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 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, a person must still work and observe work schedule, and the management is obliged to make all payments to the 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).

Dismissal is a serious procedure and it usually takes more than one hour. Often, the dismissed person must work for another two weeks, and then there will still be enough time to complete everything. Required documents, but the legislation also provides for cases when an employee must be fired at the same moment when the letter of resignation is written.

In this case, all documents must be completed within a day. In this case, it is important to know whether the day of dismissal is considered a working day or not. In the personnel department, it is necessary to prepare all documents (order, payslip), an act of acceptance and transfer (if the person leaving is a financially responsible person). But often there are contradictions on how to determine the last working day upon dismissal.

The day of dismissal (it is considered what date from the moment the application is written) will directly depend on on whose initiative and for what reason the employment contract is terminated. By the way, the Law does not approve any sensitive mandatory sample, how such a document can be submitted.

The application can be written by hand or typed on a computer. The main thing is to indicate from what date a person wants to quit, and also for what reason. If the exact reason is not in the application, then the employer has the right to dismiss the employee after 2 weeks.

So the possible reasons are:

Leaving work at will. In some cases, the moment of dismissal is considered to be the date of writing the application, if such a desire is expressed by a disabled person, a mother of many children or a woman whose husband is being transferred to another area to work. Calculation on the date of dismissal is also required in this situation.
Termination of the employment contract by agreement of the parties. In this case, the date of dismissal is considered the last working day and is determined by the parties individually at their discretion.
Reduction of staff or liquidation of the organization. In this case, before dismissing the employee, he must be warned at least 2 months in advance. An appropriate order is issued about this, which a person must sign (that he is familiar with it). In this case, both the last working day and the date of dismissal are the date indicated in the order.

How to correctly calculate the date

Almost every person knows that the person who quit must work for another 2 weeks after expressing his desire to leave the company. But it is not always possible to correctly calculate the date.

Consider an example: an employee wrote a statement on March 15, then the countdown of 2 weeks will begin only on March 16, and the date of termination of employment will be March 29. Do I have to work on the day of dismissal? Yes! If this is a working day, then the employee is also paid and therefore also has to work at this time. This period is paid as standard and if the employee does not go to work, then the employer has every right at this time. The issuance of a work book will be with a completely different entry, which can significantly damage the reputation.

But sometimes it can be dropped out on a non-working date. In such a situation, there will be some nuances:

or on a holiday, the employer must dismiss and pay the employee on the last working day before this date. For example, if the falling day falls on Sunday, then the employer must fire the employee on Friday. On Monday, he has no right to do this! If this date falls on a weekend, then the workday should still contain the number on which the last working day falls. The act of transfer of all documents and settlement documentation is also filled in this day. If the day of dismissal falls on a weekend, then it cannot be indicated as the last day of work;
if the day of dismissal fell on vacation, then the person is fired on the last day of vacation (the same applies to sick leave);
if the employee went on sick leave on the day of dismissal, then all the same, the termination of the employment contract occurs on the date that was previously specified in the order. But at the same time, the employee has the right to pay sick leave for another 30 days. To do this, he will need to provide a closed sick leave to the management and receive a payment (carried out on the basis of his general experience).

Important nuances

For whatever reason a person decides to quit, it is worth considering some nuances:

Even on the last day of vacation, you cannot fire a person. But this rule applies only to those situations where the employer is the initiator. If the initiative to dismiss an employee is his personal, then this is possible. As well as the case of dismissal by agreement of the parties - then all the nuances are prescribed in the agreement. The third case - if the employee's vacation falls on the date complete elimination enterprises. In this case, the last date of work will not be the last day of the vacation, but the date before the vacation. He is considered a worker and during this period the employee must be given all the documents (this day the work book is issued). But this is possible only if the mandatory working off (14 days) ends no later than the last day of the vacation. If mandatory work ends after this date, then the employee must still work the remaining days. Paid leave in this case is provided only for the period that has already been worked out in fact on the day of termination of the employment contract.
If a worker warns the boss orally about his plans to quit, then it is impossible to count the days from this date.
You cannot fire a person who is on vacation or on sick leave. An exception will be the situation when an employee wants to quit on his own initiative. If the dismissed person was not against, then he must sign the act or in any other form express his consent to terminate the employment contract. The last day of vacation is the day of termination of employment relations - on the same day all documents must be issued, this day an order is issued. But with the sick leave, the situation is somewhat different - the day of dismissal is officially considered not the last day of being on sick leave, but the first working day after it ends.
Most of the controversy arises over which day is considered the last if a person is fired for absenteeism. In this case, the day of absenteeism should not be paid and the last working day is considered to be the day that he worked before the date of absenteeism.
The issuance of a work book must be carried out on the day of termination of the employment contract. If on this day the employee cannot pick it up due to some significant circumstances, then he needs to send official letter with a proposal to give their consent to send the book by mail. Failure to receive a work book can be regarded as the employer's refusal to give it away, so management always strives to protect itself. All other documents must also be prepared by this day, including the obligation to make a full financial calculation.
An entry in the work book must be made only on the day of dismissal. The employee retains the right to withdraw his application and therefore it is impossible to make an entry in the labor in advance.
The problem is the death of an employee. Many mistakenly believe that the termination of an employment contract should occur directly on the day the employee dies. Actually it is not! The date specified in the order and the date of death cannot be the same. An employer has the right to issue an official order to terminate an employment relationship with an employee only on the date when the death certificate of the employee was issued.
If, for example, an accountant or any other financially responsible person quits, then it is necessary to draw up an act of transfer of cases and material assets. Practice shows that an inventory and verification of all cases begin in advance, since it is not physically possible to count everything in one day, but the document itself must be signed only on the day the employment relationship is terminated. If it is signed earlier, then an incident will occur: the employee has formally transferred all his affairs and powers and does not have the right to deal with these issues - then what duties will he perform until the date of dismissal? That is why it is so important that these numbers match.

So, as a general rule, the day of dismissal is considered a working day and therefore the manager has the right to dismiss a person for absenteeism if he refused to fulfill his production duties at that moment. But, as practice shows, usually no one does this, and the employer and employee agree on the end of the employment relationship on their own, choosing the number that best suits both parties.

AT Labor Code The Russian Federation does not have a condition for a mandatory two-week working off. Consequently, an employee can write a letter of resignation and be on vacation or sick for the entire period of notice. This term in this case, it is not extended (letter of Rostrud dated 05.09.2006 N 1551-6).

The dismissal of employees is a common procedure that occurs almost every day. Each case of termination of legal relations between an employee and an employer is individual requiring compliance with all rules and requirements of the law. Therefore, it is necessary to know how to document fix the fact of dismissal, and what date is considered the last working day on the day of dismissal.

Determination of the day of dismissal

The dismissal procedure often causes many unclear points, both for the employer and for the dismissed employee. Especially many questions are asked about whether the day of dismissal is considered a working day or not, and how to document everything?

You can find the answer you need in legislation, where it is clearly stated that all employment relationships become null and void in last working day of the dismissed employee.

Article 84.1 of the Labor Code of the Russian Federation. General order termination of an employment contract

The day of termination of the employment contract in all cases is last day work of the employee, except for cases when the employee did not actually work, but behind him, in accordance with this Code or other federal law, the place of work (position) was preserved.

Basic Rules:

Employee given his work book, in which all relevant entries are previously made.
Complete cash settlement, all due payments are issued to the resigning person.

Article 80 of the Labor Code of the Russian Federation. Termination of the employment contract at the initiative of the employee (at his own request)

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks unless another period is established by this Code or other federal law. The specified period begins on the day after the employer receives the employee's application for dismissal.

By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

It must be remembered that the worker cancel your decision if there is still time before the end of the dismissal date. To do this, on his own behalf, he submits an appeal in writing to the head, containing a desire to withdraw the previous application.

Reduction fortnight term is allowed in the event that the parties to the employment relationship can agree on such a condition.

Article 78. Termination of the employment contract by agreement of the parties

An employment contract can be at any time terminated by agreement of the parties to the employment contract.

Documenting

Documentation of dismissal in itself is nothing complicated. For many papers, there are unified forms and long-used samples.

However, in practice, deeper questions may arise, for example, about what to do if the date of the dismissal order is earlier than the date of dismissal. There is nothing wrong with this, so you can publish a document either at the last official day of work, or in advance.

The trouble with publishing in advance lies in the fact that later it may be necessary to cancellation. For example, if the employee expresses a desire to recall him.

The order is prepared on the basis statements worker. There is no approved form for such an application, so it is drawn up taking into account general requirements:

Served according to the rules of written document flow.
Compiled by hand or with the help of computer technology.
The desired date of termination of the employment relationship is indicated.
At the end, the date and signature of the employee is put.

It is best to indicate in the application date layoffs, not the moment from which to fire.

Dismissal on holidays and weekends

Each case of dismissal is individual, respectively, such a decision can be made by the employee in any moment. Some employers are faced with a situation where, for example, an employee plans to leave at the end of the year or the day of his dismissal falls on festive day. In this case, are holidays considered upon dismissal in accordance with the Labor Code of the Russian Federation?

If the day of dismissal falls on a holiday, then no special restrictions law on this not provided.

If you plan to leave on New Year's holidays, then there are two ways to part with an employee:

Having reached an agreement in terms of the last working day. According to the previously stated article 80 of the Labor Code of the Russian Federation, the employer can dismiss the employee at least the next day, after receiving an application from him.
Dismissal before new year holidays On December 31, it is possible using the option when the employee has a non-vacation leave and an application for leave and dismissal is received from him. Providing such a dismissal option is the right, and not the obligation of the employer.

If the retiring person has accumulated a lot of urgent cases that he needs to complete, then you can focus on his schedule.

For example, an employee in 2017 worked according to a standard schedule - five working days and two days off. The employer should not worry about how to carry out the dismissal on the holidays of January 2018, if he received a corresponding application from the employee before the new year. You can dismiss an employee on January 11, that is, after the New Year holidays. In this case, you need to focus on the rule enshrined in article 14 of the Labor Code of the Russian Federation.

Article 14 of the Labor Code of the Russian Federation. Calculation of terms

If the last day of the term falls on non-working day, the expiration date is the next business day following it.

If the employee has a shift schedule, then you need to pay him according to general rules TK RF. For example, the day of dismissal falls on a day off, but the person works on a shift schedule and his shift just fell on Saturday or some kind of holiday. It will be necessary to carry out the full dismissal procedure on the day following the entry day, or to make a settlement with it in advance, that is, before the onset of these same weekends. Many employers sin by paying off an employee on a day off. In fact, if the case goes to court, then such actions will be recognized illegal, since to dismiss an employee on the day when he didn't actually work(i.e. on a weekend) is not possible.

Article 234 of the Labor Code of the Russian Federation. The obligation of the employer to compensate the employee material damage caused by illegal depriving him of the opportunity to work

The employer is obliged to compensate the employee for the earnings not received by him in all cases of unlawful deprivation of his opportunity to work. Such an obligation, in particular, arises if the earnings are not received as a result of:

... delays by the employer in issuing a work book to an employee, entering into the work book an incorrect or inconsistent wording of the reason for dismissal of an employee.”

Thus, the main thing to remember following rules:

If the day of dismissal falls on day off day, for example, in the first ten days of January, then the first working day of the year will be considered per day layoffs.
If the employer has provided the employee with the opportunity to take a vacation and quit immediately after it, then all the required procedures can be carried out in advance, that is, before the start of the weekend or public holidays. Here there is a risk that the employee will actually lose the right to withdraw the letter of resignation, since on weekends he must keep his job.
Any disagreements and misunderstandings should be resolved in advance, through negotiations and reaching a common, mutual agreement.

Any dismissal procedure requires compliance with many nuances, so quite often it happens rights violation workers. If you are not an exception and your interests were affected misconduct on the part of the employer, you should immediately seek help from our lawyers. You will be provided with a full range legal services concerning not only the nuances of dismissal, but also other labor moments.

No matter how strong and long the relationship between the specialist and the employing company is, they may decide to leave. In order not to violate the law and comply with administrative procedures, it is useful for a citizen and management to know which day is considered the day of dismissal, what duties must be performed on this date, how to resolve disputes and, if necessary, defend their rights.

The last day in the service is a special date when both parties to an employment relationship have additional rights and responsibilities. It is important to know about them in order not to create conflict situations and not violate the provisions of applicable law.

Article 84.1 of the Labor Code of the Russian Federation states that the last day before the termination of the employment contract is the working date of the specialist, when he completes the existing tasks, transfers cases, etc. An exception to this rule is the situation when a person has not previously performed labor functions, i.e. he was simply kept in office.

If the day of dismissal of the employee is Public Holiday, Saturday or Sunday, the last departure for the service is transferred to the next weekday date. The specialist must appear to pick up the work book, sign the order, and receive the payment. The employer has no right to force him to perform his duties.

If a person works in a shift schedule and the date of termination of the contract falls on a day off, the administration of the enterprise must go to work in order to calculate and dismiss the specialist. He, in turn, works out the scheduled hours and leaves the company.

Is the day of dismissal a working day for a person who goes on vacation with a subsequent termination of the employment contract? It works here special rule: the citizen submits cases and completes the initiated issues on the last date before the scheduled vacation. The administration gives him a work book, lists the calculation, and the parties do not meet again.

Last day before dismissal: duties of the employer

In order to dismiss an employee who decides to leave the organization on a personal initiative, in accordance with the norms of the current legislation, the administration of the employing company must take the following steps:

Issue a dismissal order

The document is prepared according to the standard T-8 or T-8a format, signed by the head of the enterprise and the employee himself.

The day of dismissal is considered the last working date of the specialist. Experts do not recommend preparing an order in advance, there is always a possibility that it will have to be canceled: the law reserves the right for the employee to change his mind and withdraw the application.

Important! The date of the order does not coincide with the day of the actual separation of the parties in two situations: if a person goes on vacation with subsequent dismissal, or says goodbye to a downsizing company. In both cases, the document is prepared in advance.

If the specialist was a financially responsible person, a document is attached to the order confirming that the administration of the enterprise has no financial claims against him.

Make a calculation

Having learned from what date the day of dismissal of a specialist is considered, the company's accountant is obliged to make a calculation. It includes:

wages for actually worked days;
compensation for unpaid leave;
severance pay (if a person leaves the company at the initiative of the administration);
other payments laid down within the framework of a specific position.

Payments must be made on the employee's last working date.

In practice, situations are possible when a conflict arises between the parties regarding the amount of the settlement. If it is not immediately possible to reach an agreement, on the last day at work a person receives that part of the amount that is not disputed. Further proceedings may be carried out with the involvement of third parties (for example, courts).

If a person did not actually work in the organization (the position was simply kept for him), cash are paid to him no later than the day following the receipt of the request for settlement.

Important! Late transfer of settlement money - administrative offense. Representatives of the enterprise in this case are obliged to pay compensation to the employee for the delay.

Issue a work book

The date of dismissal is considered the last working day when the personnel officers of the enterprise make an entry in the work book of a specialist. When this manipulation is done, the company has no right to delay issuing the document to the employee. Neither the absence of a bypass sheet, nor the presence of a debt to the organization, nor other motives are considered “good” reasons.

If a person is not actually at the workplace, the employer has no leverage to force him to take the work book. To relieve himself of unnecessary responsibility, he must send by registered mail with acknowledgment of receipt a request to appear for labor or agree to be sent by postal services.

Issue other documents

On the last day, upon dismissal of their own free will, the administration issues to the employee a certificate of 2-NDFL, drawn up in two recent years, and a certificate for calculating sick leave, reflecting the amount of transfers to the FSS. Upon a written application, the specialist may be provided with other documents: a copy of the order on employment, on transfers to other positions, information on the period of work with a particular employer, etc.

Duties of the employee on the last working day

Contrary to popular belief, the last day in the company is meant specifically for performance. job duties, and not exclusively for the performance of procedures related to the termination of the contract with the employer. On the specified date, the employee:

performs the functions within the framework of his position;
completes previously started tasks;
transfers business to his successor or colleagues;
fills in the bypass sheet;
receives personnel documents and calculation.

Working hours have a standard duration. To let a person go earlier and release him from part of his duties is good will, not the duty of the employer.

If on the last day of work, upon dismissal, the employee does not want to go to work, such behavior is considered by the employer's administration as absenteeism. Absence at the enterprise for more than four hours without warning is the basis for dismissal at the initiative of the employer. A conflict with management is fraught for a specialist with a damaged work book and a “tarnished” reputation.

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