Happy last day of work before quitting. The day of dismissal is the last working day by law

(in other words, at the initiative of the employee) is one of the most common grounds for termination of an employment contract. The initiative to terminate the employment relationship comes from the employee and does not imply its approval by the employer, because a person cannot be forced to work against his will. However, even when resigning at your own request, certain rules must be followed.

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 basis (“at one’s own request”), it must be signed by the employee indicating the date of preparation.

Indicate in the application reason for voluntary resignation not necessary. However, if circumstances require you to resign, then the reason must be indicated, and HR employees may ask you to document it. In other cases, the phrase “I ask you to fire me at your own request on such and such a date” is sufficient.

After the resignation letter has been submitted to the personnel service, a dismissal order. Typically, a unified form of such an order (), approved by Resolution of the State Statistics Committee of January 5, 2004 No. 1, is used. The order must make a reference to the Labor Code of the Russian Federation, as well as provide details of the employee’s application. The employee must be familiarized with the dismissal order 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.

Timing of voluntary dismissal

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

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 two-week work. Thus, if you are dismissed during the probationary period, the notice period for dismissal is three days, and if the head of the organization is dismissed, it is one month.

Calculation upon dismissal at one's own request

Calculation upon dismissal at one's own request, as well as for other reasons, 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 agreement. If the dismissed employee used vacation in advance, the paid vacation pay is recalculated, and the corresponding amount is deducted from the salary upon final payment.

If an employee was absent from work on the day of dismissal and was unable to receive a payment, 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 application.

Dismissal at your own request during the vacation period

Resign at your own request during the vacation period the law does not prohibit. Such a prohibition is provided only for dismissal at the initiative of the employer. An employee has the right to write a letter of resignation while on vacation, or to include the date of proposed dismissal during the vacation period.

If an employee wants to submit a letter of resignation while on vacation, there is no need to recall him from vacation

An employee can also resign of his own free will after using his vacation. Please note that granting leave followed by dismissal is a right, not an obligation, of the employer. If such leave is granted, the day of dismissal is considered the last day of leave. However, for the purposes of settlements with the employee, the last day of work in this case is the day before the start of the vacation. On this day, the employee should be given a work book and all necessary payments should be made. This is a kind of exception to the general rule given, confirmed.

Dismissal at will during sick leave

Quit voluntarily 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 incapacity for work. A situation may also arise when the previously agreed upon dismissal date falls on the sick leave period. In this case, the employer will formalize the dismissal on the day specified in the resignation letter, provided that the employee has not withdrawn this application. The employer does not have the right 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 and issues a dismissal order, in which he makes a note about the employee’s absence and the impossibility of familiarizing 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

An employment contract is terminated unilaterally (at the initiative of the employee or employer) or bilaterally (with the consent of both parties to the legal relationship). The dismissal of an employee is often due to factors independent of the will of the parties (for example, moving to a new place of residence, conscription into the army, etc.).

The procedure for terminating an employment contract can take up to several weeks. Both parties – the employee and the employer – should know whether the day of dismissal is considered a working day or not. Thus, the current legislation does not stipulate that on the day of dismissal an employee must perform the labor function assigned to him.

Date of dismissal and terms of service

In order for the employment contract to be terminated at the request of the employee, he needs to draw up a corresponding statement (he can indicate in it the reason for his decision). From the moment it is submitted to the employer for consideration, the employee must work for 14 days so that a replacement can be found in his place.

If the dismissal was initiated by the employer, then the employee does not file a statement. He is not required to work a 2-week period. In case of bilateral termination of the contract, the duration of the work and its necessity can be discussed between the employee and management.

The dismissal procedure involves the publication by the employer of a corresponding order, two-week work (at the initiative of the employee upon termination of the contract), payment, and issuance of a work book. In this case, the date of dismissal is considered the last working day, even if the employee did not actually perform his duties.

Last day of work duties

Art. 84.1 of the Labor Code of the Russian Federation stipulates that an employee ceases to perform a labor function on the day of termination of the employment contract. Interestingly, the employee may be absent from the workplace (i.e., as mentioned above, not perform work duties).

Let's consider the situation using a simple example: a mechanic works at a factory every three days. His dismissal date is today, but his last shift was yesterday. Consequently, the employment contract with him is terminated, but the day of its termination is not actually a working day.

Interesting information

According to the law, the required period of time between filing an application and the date of dismissal is set at 14 days (you can notify earlier). This must be done in writing by writing a letter of resignation of your own free will. It must be given both to the office (HR department, accounting department, secretary) of the organization, and sent to the company by mail.

On the last day the employee performs his job function:

• A work book is issued;
• Copies of the requested documents are issued;
• The final payment is made.

Possibility of dismissal on a day off

It is a common belief that the day of dismissal of an employee is considered a day off. This is an erroneous judgment, since, in accordance with the appeal ruling of the Moscow Regional Court of 2013, such an action by management is a violation of the right of a citizen resigning at his own request to withdraw his application within 14 days after its submission.

It is important that the current legislation does not directly indicate the impossibility of dismissal on a day off. However, court decisions are always made in favor of employees whose right to withdraw an application is violated. Some employees deliberately indicate a non-working day when compiling it. In order for management to avoid subsequent legal proceedings, it is recommended to contact the employee with a request to set the correct day of dismissal.

The need to work on the last day

If the day of dismissal of an employee is a working day, then he must perform his job duties in the general manner. Their improper performance or refusal to perform a labor function on the date of termination of the employment contract is grounds for imposing a disciplinary sanction. One of its forms is dismissal at the initiative of the employer (in other words, “dismissal under an article”).

If the employee does not intend to go to work and is absent for a long period of time without good reason, the day of dismissal will be considered the last day of his work before absenteeism.

There are examples where employees do not go to work on the day of dismissal, which subsequently leads to labor disputes. If you made a mistake in the calculations and did not fulfill your labor function (for example, did not show up for work), then in order to prevent a conflict with management, it is recommended to agree with the employer to work off the missed day at another time.

If you have questions, write in the comments

The dates of the order and termination of the contract are indicated. The company administration may be held liable for incorrect execution of documents..

At the same time, the date of dismissal does not always coincide with the date, so when determining it, you need to take into account some nuances.

The main legal act regulating labor relations is the Labor Code.

Back in 2006, an additional article was added to it (84.1), according to which the date of dismissal of an employee is determined.

According to the norm of this article, the termination of the contract is dated to the last day of work at the enterprise. But there is an exception: the date of dismissal may not coincide with the last working day if the employee was actually absent from work, but the absence is paid.

In essence, this is the termination of the relationship between the director and subordinate. And the date of dismissal is the last day when the employment relationship is still valid, but terminates at the end of the working day.

How to determine the date of dismissal?

To correctly determine the cutoff date you need to know:

• when the employee works his last working day;
• or when the paid period without working activities ends.

The second point applies to the case when the dismissal date falls on or. For example, the date of dismissal has already been determined, but on that day the employee was on regular vacation or sick leave.

An agreement was reached to dismiss the employee on July 1. But on June 25, the employee fell ill. According to the social insurance law, the entire period of illness is paid, that is, sick leave accruals will include the period indicated on the certificate of incapacity for work. This means that the relationship between the enterprise and the employee cannot end before the closure of the sick leave.

The same rule applies to an employee who took leave before dismissal. In such cases, the day of dismissal is the date the sick leave ends or the last day of vacation.

Last day at work

The last working day, and therefore the date of dismissal, must be determined taking into account the circumstances.

Dismissal at your own request

Article 80 of the Labor Code establishes that an employee who has submitted a letter of resignation is required to work for two weeks.

In this case, the period begins to run from the day the employer receives the application.

The application may also indicate a later date, for example, a month. As a result, the date of dismissal will be the date indicated in the application (but not earlier than 2 weeks from the date of registration of the application).

If an employee wants to leave earlier, and the director does not mind, then the director’s visa about the date of dismissal is indicated on the application.

Important: If the last day at the company falls on a holiday, the employee is dismissed on the next working day.

Agreement of the parties

Article 78 of the Labor Code gives the director and subordinate the right to agree on the date of dismissal. At the same time it is signed. The agreement determines the date of dismissal.

Liquidation of the enterprise

O or a decision is made indicating the date of termination of the enterprise's activities. The last day of the company's existence will be the day of dismissal of employees.

It does not matter whether any of the employees were sick that day or were on leave, including maternity leave.

Reduction in headcount or staff

Downsizing measures in an organization are always planned. Two months before the reduction of employees. In this case, the date of dismissal will be the date indicated in the notice (but not earlier than two months before delivery of the notice).

Absenteeism

If an employee does not show up for work for a long time, the day will be the last day he appears at work. But there are other cases. For example, an employee did not show up for work on June 1, but came the next day and worked conscientiously.

The employer has 3 days to register absenteeism. If the culprit was not suspended from work, and the last day of work fell on June 5, then the entry in the order will be as follows: “Dismissed for absenteeism on June 1. The dismissal date is June 5.”

Transfer to another organization

Since such a transfer is formalized through termination of the contract with the previous employer and conclusion with a new one, the date of dismissal is the date of actual termination of the contract, indicated in the order.

Cases of impossibility of continuing work

Article 80 of the Labor Code obliges the dismissal of an employee at his request without work, if he is physically no longer able to work. Such cases include:

• decor ;
• admission to the full-time department of a university or vocational school;
• registration of disability.

In this case, the date of dismissal will be exactly the date indicated in the resignation letter.

Indication of the date of dismissal in documents

In an application for dismissal at the initiative of an employee, the date is determined based on the conditions:

1. at least 2 weeks later, if dismissal with service (for example, if the application date is June 1, then the dismissal date is no earlier than June 15);
2. a date confirmed by documents, if (for example, indicated in a doctor’s certificate, in an apartment purchase and sale agreement, etc.).

In the order, the date of dismissal will be:

1. last working day;
2. final day of vacation or sick leave;
3. the day specified in the agreement or application.

An order for dismissal at the initiative of an employee must be issued on his last working day, because according to the rule of Article 80 of the Labor Code, the application can be withdrawn, then dismissal is no longer permissible.

Upon dismissal, the following dates are entered in the work book:

• layoffs;
• order.

They may not coincide, because the dismissal order may be issued later than the last working day.

Rescheduling dates

While the employee has not yet been dismissed (works for two weeks or the agreement period has not expired), the dismissal date can be revised. After all, as long as the relationship between the employee and the employer is not terminated, it is permissible to conclude agreements on working conditions, including on planned dismissal.

Without agreement, dates cannot be moved. After all, during the two weeks that are given for work, the employer must complete all the necessary procedures prior to dismissal:

• design ;
• conduct an audit (if an employee);
• find another worker for this position.

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

The day of dismissal is considered a working day or not

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

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

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

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

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

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

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

Do I have to work on the day of dismissal?

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

To prevent controversial situations, it is necessary to know exactly whether the day of dismissal is considered a working day or not. Experts will tell you about this. In the article you will find a calculation of the date of dismissal.

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

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

Taking into account the provisions of Article 84.1, the employee terminates his employment on the day of direct 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.

Situations often arise when an employee is actually absent from the workplace, for example, working according to a schedule every other day. The shift ended on December 20, and the next one will begin on December 24. In this case, the notice period ends on December 21, since the application for voluntary leave was submitted on December 7.

An expert from Sistema Personnel 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 and the specifics of preparing the necessary documents.

Based on Article 14 of the Labor Code of the Russian Federation, it is generally necessary to notify the employer about leaving 14 calendar days in advance. There are exceptions to this rule when the actual notice period is reduced or eliminated entirely. The countdown of fourteen days begins 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 resign at your own request on December 21.” In the situation considered, the last day of dismissal is not considered a working day. But the employee is not required to go to work to formalize his dismissal on his day off. Therefore, in this particular situation, on December 20, the employer must give the employee a full payment and return the work book. The employer’s procedure 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 following wording is added to it: “the day of dismissal is December 20.” It must be taken into account that when terminating an employment contract by agreement of the parties, there is no need to comply with a two-week notice period. The TD is terminated on a date agreed upon between the parties.

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

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

1. Rostrud.
2. The standards of Article 14 of the Labor Code of the Russian Federation.

But it should be borne in mind that there is another position. The invoice and documents can be issued to the departing employee on the eve of non-working dates. This standard 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 making any transfers. Such recommendations are given in the letter of Rostrud 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 rest. The employer has the right to call a personnel officer and an accountant to work. And then compensate such employees for days off or non-working holidays 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?

Let's 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 care. In this case, the date of termination of the employment relationship is considered to be the last day of vacation. And the full payment and all documents should be issued on the last working day before the vacation.

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

It is impossible to dismiss an employee who is on sick leave only if the termination of the employment contract is carried out 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, on 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, and whether the date of termination of the employment relationship always coincides with the last day of work. In different situations, the date of termination of relations is calculated taking into account current legislation. The day of dismissal is considered a working day if it does not fall on a weekend, holiday, vacation, or sick leave.