What day is considered the day of dismissal? The answer to this question is sought by many citizens. Upon learning it, everyone will be able to understand when to go to work, and when not. The process of termination of labor relations in Russia can be carried out in different ways. The last working period will depend on this. Next, we will try to consider all possible scenarios.
Commonplace
What day is considered the day of dismissal? To give the most accurate answer to such a question, a citizen will have to study the Labor Code of the Russian Federation.
According to the law, termination of employment is carried out on the last working day. At this moment, the citizen must make a calculation and issue him the documents required by law.
Of my own free will
Termination of relations with the employer can be carried out in different ways. And citizens should know when they have the right to come to the company for the performance of their duties.
Suppose a person decided to quit on his own. In this case, he must inform the employer in advance of his intentions. This must be done at least 14 days before the date of termination of the employment contract.
Accordingly, if it is interesting which day is considered the day of dismissal, you just need to count 14 days from the date of the notice to the employer. Ideally, it is recommended that you specify the exact day when you want to end the employment relationship with your superiors.
Important: the countdown of two weeks begins the day after contacting the boss with a notification. This rule is dictated by the Labor Code of the Russian Federation.
Retirement
But this is only the beginning. What is the last day of work when leaving? The last worker. It is at this moment that the citizen receives the calculation and the documents put into his hands.
In the case of initial retirement, the process of termination of employment can be significantly accelerated. The thing is that a citizen who has reached retirement age, at the initial registration of the status of an elderly person, may demand the termination of the employment contract a day before the corresponding incident.
In such circumstances, it will be possible to leave work the day after the notification of the employer. True, such days are still considered workers.
Agreement of the parties
The next scenario is the termination of cooperation by agreement of the parties. This alignment is not too common, but it is provided for by the legislation of the Russian Federation.
In this case, there is no need to work out 14 days. The parties agree on the terms of termination of cooperation in the future. What day is considered the day of dismissal by agreement of the parties? The one specified in the supplementary agreement of the established form.
Disability period
It will be necessary to act a little differently if a person is dismissed during his disability. The thing is that according to the law it is impossible to terminate labor relations with a person while he is on sick leave or on leave to care for the baby. This is possible only on the initiative of a subordinate.
What is the last working day? Upon the dismissal of a disabled citizen will have to wait. Labor relations cease on the next working day after the end of the sick-leave or parental leave.
From vacation
Another fairly common situation is the termination of relations with the employer during the holidays. This alignment gives companies a lot of problems. Especially when interpreting the last working day.
Has a citizen applied to leave the company while on vacation? What day is considered the day of dismissal? At the moment, this is the moment he leaves legal leave.
According to the article
What day is considered the day of dismissal of the employee? As you can see, giving a definite answer to a similar question is problematic. We have to take into account all life circumstances and evaluate the situation as a whole.
Far from always the termination of labor relations is carried out of good will. Citizens may be removed from work "under the article." What happens in this case?
Usually, the employer informs in advance of the termination of further cooperation. And thinking what day is considered the day of dismissal is not required: the exact date is specified in the notification of the established form or in the order.
Work or not
Day at dismissal what day are considered? The last working day or just the moment when a citizen comes to the boss for the calculation and documents set for him? Do I need to work at all when the employment agreement is terminated?
This issue worries many subordinates and employers. This is due to the fact that violation of the Labor Code of the Russian Federation will lead to serious problems. For example, to reinstate a negligent employee or to unnecessary checks of the company for integrity.
According to the law, the day of dismissal is an ordinary working day. That is, a citizen will have to fully work out, and upon completion of work, pick up the documents, receive a calculation and be considered dismissed.
There are also exceptions to the rules. Namely, while on vacation. Under such circumstances, you don’t have to go to work and work out. It will only be necessary to come to the head, sign an order to leave the company and get the necessary certificates.
What is given to the dismissed
The very procedure for terminating relations with the employer is also a lot of trouble. The thing is that citizens do not know what papers they are entitled to when the employment contract is broken.
Ideally, this is:
- income statement;
- employment history;
- settlement sheet;
- medical sanitary book (if available).
As soon as the documents are handed over, the subordinate needs to sign in special accounting books. After that, you need to contact the accounting department and get money for the time worked. They are paid for all actually worked labor days. From what day is dismissal considered to be voluntary? Everyone can answer a similar question now!
Important: if an employee refuses to receive documents, the boss must draw up an act and glue it into a personal file.
Conclusion
What day is considered the day of dismissal of the employee? More search for the answer to this question will not take much time and effort. It is enough to thoroughly study the Labor Code of the Russian Federation so as not to get confused in the current legislation.
Based on the foregoing, the conclusion follows that the moment of dismissal is considered an ordinary working day. And it will have to be fully developed, unless otherwise provided by an additional agreement.
Is it possible to somehow avoid practicing and fulfilling labor duties? Only by going on sick leave or on vacation. True, in the first case, at the end of the sick-list, you still have to fulfill your duties.
What is the last day of work when leaving? Spelled out in the agreement on termination of relations with the employer or counted out 2 weeks after notification of the authorities about the upcoming event.