Is firing day a working day? Next, we will try to answer this question. The thing is that the topic of termination of the working agreement gives modern employees and employers a lot of trouble. And therefore, we will also study the process of dismissal on a personal initiative (the most common case) from all sides. In the end, everyone will be able to understand the features of leaving work.
Types of Dismissal
Is firing day a working day? To begin with, we’ll try to understand how you can leave your job altogether.
Leaving work under the current Labor law is:
- due to relocation;
- staff reduction;
- at the initiative of the employer;
- personal decision of a subordinate;
- pension;
- by agreement of the parties;
- in connection with the liquidation of the enterprise;
- by changing the boss.
As a rule, only the process of drawing up the relevant documents depends on the reason for leaving work. In fact, everything is not as difficult as it seems.
Legislation
Is the day of dismissal the last working day? It all depends on the specific circumstances. After all, life is unpredictable.
Nevertheless, the legislation of the Russian Federation gives some specifics on the topic under study. According to the Labor Code (Article 84.1), employees stop their work during the period of breaking the agreement with the employer. That is, in the last working day.
Accordingly, the day of dismissal is considered a working day. And the last one. But there are exceptions.
Weekends and Holidays
For example, if a person plans to leave work on a weekend or holiday, in this case the situation will change a little.
Is firing day a working day? In this case, no. The day of termination of the labor type contract will be considered the first working day after the holidays or weekends.
About own desire
Some people have a number of problems when leaving work, when this is their own desire. The thing is that in such circumstances it is sometimes difficult to establish the final working period. It all depends on how the request is written in the established form.
It is recommended that you write a letter of resignation without a date. Then the personnel officers will be able to easily calculate the due compensation and determine the last day of the performance of labor duties to the departing subordinate.
Is firing day a working day? Suppose that the letter of resignation reads "Please dismiss me on June 20th." Then you will have to work out on June 19, and on the 20th of the day people will no longer be registered in the organization. That is, the actual day of leaving work is considered June 19.
By agreement of the parties
A special mention deserves the situation in which a person leaves work by agreement of the parties. Usually, in this case, all agreements are reached through direct dialogue with the authorities.
Is the dismissal date a business day? Ideally, yes. But when you leave work by agreement of the parties, the answer may be negative. The employer must negotiate with the dismissed when to go to work for the last time. And the day of dismissal may not be the last working period in the company.
All features of the termination of the contract in the prescribed form should be prescribed in the relevant agreement. Otherwise, the process will be violated. The employer will be able to complain. This leads not only to inspections of the company, but also to the restoration of an infringed employee at work.
Vacation
We found out what is considered the final period of work in the company.Despite all these features, a number of exceptions can be highlighted. What is this about?
Some employees prefer to leave work while on vacation. For example, on maternity leave. How to be in then?
As a rule, the last working days upon dismissal from vacation are considered the day of going on legal holidays. But the day of termination of relations is different. Most often it is the last day of vacation. But you can specify a specific date for termination of the contract of the established form.
Absenteeism
What day is considered the day of dismissal? The working day (the last), as we have already found out, is the moment of termination of the relationship between the employer and the subordinate. In some cases, discrepancies are possible.
According to the current legislation, the last working off for dismissal for absenteeism is the date when a person actually fulfilled his labor duties. In such circumstances, the day of termination of relations with the last working period does not coincide. This is a normal occurrence.
The desire of the employer
Another case is the dismissal by force of the employer. But such a situation is quite rare. In this situation, determining the date of dismissal and the last period of a person’s labor is not so difficult.
The thing is that the listed components will coincide. Do I need to work on the last day if the initiative to terminate the contract comes from the employer? Yes. These dates are the same.
The exact moment of the person’s dismissal is indicated in the notification of the established form. Therefore, there should be no problems with the calculations of compensations and other payments.
About warning
Now a few words about how to leave work properly. After all, this procedure requires great attention. Especially from employers.
The thing is that under current law, every person who decides to leave work is required to notify the authorities in writing of his decision. This must be done no later than 14 days before dismissal. Then begins the so-called mining.
What day is considered the day of dismissal? The working day and date of leaving work will be the number that comes within the specified period from the date of filing the application in the established form. The countdown starts on the next day after the employee’s contact with the notification.
Accelerated mode
But there are exceptions. Sometimes you can notify the authorities about the decision to leave work in less than a short time.
For example, while on probation. In this case, you will need to apply with 3 days before the dismissal. The process itself will be faster. Only the day of leaving work and the last period of the performance of labor duties coincide.
In addition, sometimes you have to quit when you retire. In such circumstances, the pensioner must be excluded from the staff either on the day specified in the application, or on the same day when the employee came to his boss with the corresponding request. There is nothing difficult or incomprehensible in this.
That's how easy it is to determine the date of dismissal of an employee. What day is considered working (last)? In all these cases, it will coincide with the moment of exclusion of a citizen from the staff of subordinates in the company.
Step by step dismissal
Now a few words about how to leave work properly. As already mentioned, we will consider the process of dismissal at the initiative of the employee. He is the most common.
So, here is a list of actions when leaving:
- Filing a letter of resignation.
- Working out within the time established by law.
- Familiarization with the order to terminate the relationship.
- Painting on the corresponding document.
- Reception of papers laid to the employee.
- Execution of settlement with a dismissed person.
- Listing in accounting journals for documents and for received money.
- Issuance of all required certificates. Usually carried out with the transfer of documents to the employee.
- Reinforcement of the personal file of the subordinate by the order of dismissal and sending thereof to the archive.
That's all. For employees, the procedure for leaving work is simple. Employers have a harder time - they need to record everything that happens. If, for example, the subordinate refused to receive the required documents or does not want to read the order to terminate the relationship, a special act is drawn up. The relevant entries are made to it.
Documents when leaving work
We found out everything we wanted on the topic of interest. In reality, everything is not so difficult. And what documents should be given to a subordinate if he leaves the company?
Usually everyone has the following papers:
- settlement sheet;
- employment record (with a pre-made record of termination);
- income statement (in the form of 2-personal income tax).
It is these documents that each employee can demand from his boss. Until they are issued, the process of termination is permitted not to continue. He will be broken.
No mining
The working day and days of termination of relations, as we have already found out, will be the same date with a few exceptions.
What to do if a person does not want to work the legal period? Can:
- go on sick leave;
- ask for a vacation.
Then the date of dismissal will not be considered working days. The citizen will either indicate the date of leaving work, or they will consider it to be the date that will come 14 days after receiving the notification of the established form. Ideally, the last day of vacation / sick leave is the moment of termination of the labor type contract.
Conclusion
We found out all the features of leaving work. This topic will no longer cause any difficulties.
In addition, we managed to figure out how to leave the workplace correctly if we wanted to do it ourselves. The listed features are relevant in Russia to this day. If you remember them, then the process of leaving work will be simplified to the maximum.