Dismissal Day - Last Business Day? This question is asked by many citizens. Everyone who plans to quit or change jobs needs to know the answer to it. After all, labor relations are a separate article of the legislation in Russia. She has her own characteristics, violation and non-compliance of which leads to illegal dismissal. An employer who is not distinguished by his conscientiousness will have huge problems with the law, up to and including suspension from activity. Therefore, it should be understood when a person is considered officially dismissed and not required to work. What can be said about this feature in Russia?
Labor Code
Is the last day of dismissal considered a working day? Much depends on the situation. What does the Labor Code say about this feature?
According to the established rules, each person can be fired:
- on the initiative of the boss;
- according to personal desire;
- in connection with the reduction / liquidation of the enterprise;
- by joint arrangement.
Accordingly, there are several options for the development of events. In practice, the most common termination of employment is at the request of the employee. On this occasion, we can only say that each subordinate is obliged to notify the boss in advance of his intentions. More precisely, then 14 days before the proposed termination of the employment contract. In this situation, the day of dismissal is the last working day or not? Anyway, when does a citizen stop working officially for his employer? At what point in time you can not go to practice?
Legal grounds
In fact, it is not so difficult to understand the feature under study. Especially if you carefully study the labor legislation of the Russian Federation. The date of dismissal is considered the last business day. This norm is spelled out in article 84.1 of the Labor Code of the Russian Federation.
What does this mean? Everything is simple - the day on which the dismissal order comes into force must be worked out by a subordinate. That is, the employee without fail goes to work, fulfills in accordance with the previously concluded contract, and then the order takes effect. At the same time, the day that a person spent on work should be paid in full. This is a mandatory item that must be followed by the employer. Accordingly, the last days of work are fully taken into account when calculating with subordinates.
Uniform rules - whether or not there
However, an established rule does not always work. There are a number of exceptions regarding termination of employment, as well as the last day of working out of citizens. Therefore, it cannot be said that in the legislation of the Russian Federation there is a single opinion on the issue under study.
Ideally, the date of dismissal is considered the last working day, which will be paid to the subordinate in full. But at the same time, termination of relations may be urgent or at the request of the employee, only with some features. About them a little later. Accordingly, all questions related to the last day of mining do not have a clear and precise answer. This is also stated in the Labor Code of Russia.
Emergency dismissal
What to do if you have to terminate an employment relationship with a subordinate? Most often, the emergency process is carried out at the request of the boss. As an option - in connection with the liquidation of the enterprise.
In this case, the boss issues a dismissal order. It prescribes the exact date of termination of relations with the subordinate. But even so, the last day will be considered a working day.
It should be remembered that all hours worked are paid by the employer. This is a normal and legal requirement. What else is important for superiors and employees to know?
Features of writing an application
Dismissal Day - Last Business Day? Yes. But, as already mentioned, there are a number of cases in which it can be considered otherwise. Even with the termination of previously concluded labor relations, this is possible.
Great attention is then paid to writing a statement. Its exact form has not been established. The main thing is that a citizen expresses a desire to leave work in writing and in advance.
What features does the letter of resignation conceal ? The last working day is recommended to be registered there. The exact date is indicated as follows: "Fire me on May 25, 2008." Then the specified date will be considered the last when the citizen is in a particular position. You can change the record a little. For example, on: “Terminate the contract with me from May 25 , 2008,” then the order to terminate the relationship will be issued on May 26 , 2008. Accordingly, a lot depends on how the application is written. There is nothing difficult or special to understand in this.
Not the last day
A lot of features has the dismissal "on their own." The last working day here is not always the day of termination of a previously concluded employment contract. This is a normal occurrence.
The thing is that, according to the law, it is possible to do without working out established in Russia, as well as without spending the last day at work as one or another employee. What is it about? How can one easily quit on his own and not get confused when a citizen has the last day of work?
It is proposed to either go on sick leave or on vacation. For example, at your own expense. These periods do not include an employee’s call for training. A citizen must write 2 applications - on leave of their own free will (for example, for 14 days), as well as on dismissal. In this case, you will have to work out only until the day of vacation indicated in the document. It follows that the day of dismissal is not always the last working day.
Of course, in this case, the calculation is carried out taking into account only the time that was worked out before going on vacation or on sick leave. There is no other way. It is impossible to demand a subordinate exit to work in such situations. In the same way, as an employee does not have the right to request money for leave / sick leave at his own expense. In fact, a person quits without even returning to work.
That is such a difficult question. But now it’s clear in what situations and how the last working day is established in a particular company. Having remembered all these features, you can not be afraid of cheating. The last day of dismissal is considered a working day in most cases.