Dismissal is a process that every employer and subordinate should know about. Sooner or later, many people face him. This procedure is accompanied by a large number of features and nuances. Only with the correct behavior of the boss and former employee can termination of employment be considered a legal action. Sometimes there are cases in which the day of dismissal fell on a day off. Or at the time the employee is on vacation. What to do in this case? What should an employer do in order not to violate established labor laws? Understanding all this, you can avoid a huge number of problems in the future.
Methods of dismissal
To begin with, it is worth paying attention to the fact that there are several situations with dismissal. Termination of employment is carried out:
- by reducing staff;
- upon liquidation of the enterprise;
- during the vacation of a subordinate;
- on a day off;
- at the initiative of the authorities;
- upon expiration of the employment contract;
- at the personal request of the citizen.
In practice, the last version of the development of events more and more often occurs. Regardless of the circumstances, it may happen that the day of dismissal fell on a day off. What should a citizen know in this case?
Working out
Before terminating any kind of employment relationship, each subordinate is required to work out a certain period of time. Today it is 2 weeks. Only after that the order on dismissal is issued.
Nevertheless, the employer must understand that in Russia there are some loopholes in the law. With their help, a subordinate legally has the right not to work out the due date. And it is in such a situation that the day of dismissal often falls on a day off.
It is not necessary to work out if:
- the citizen took leave at his own expense and at the time of termination of the employment relationship he rests;
- when a person is on sick leave;
- if the vacation is paid.
Therefore, forcing a subordinate to work out is prohibited. This is an illegal action. What to do if a person asked to quit on a weekend?
Action by law
A similar topic causes controversy and questions among chiefs and accountants. In general, the procedure for termination of relations with a particular frame can be described as follows:
- A citizen writes a letter of resignation and gives it to the employer. This is followed by working out in 14 days. Or vacation / sick leave.
- The chief draws up an act in which the desire of the subordinate to refuse employment is indicated.
- A dismissal order is being drawn up. The document is given to the dismissed person for review. This is a separate act. If a citizen refuses to study the paper, you will have to indicate this.
- After completion of the training, the citizen is given materials from a personal file, a work book and other documents (they will be discussed later). The employee signs in special journals that he received the necessary documentation. In case of refusal of the subordinate to come to the head, an act is drawn up in which the situation is prescribed.
- Dismissed in accounting provided calculation.
This completes the whole procedure. It would seem that there is nothing special or difficult in it. But what if the day of dismissal fell on a day off? What will the employer have to do?
What is special about the procedure
To begin with, to understand that such a termination of relations has its own characteristics. Not critical, but everyone should know about them. They are related to documents and settlement.
According to the established labor legislation, in Russia the last working day and day of dismissal coincide. It is during this period that a citizen is given a specific list of securities and is settled in accounting. The dismissal order comes into force.
If the action takes place on the weekend (official or employee), there are many problems. In particular, with the calculation and issuance of certain securities.
Facts about the main
There are several facts that can clarify the situation a bit. What is it about?
Firstly, if the day of dismissal fell on a day off, you can leave everything as it is. And date all documentation with the previous date. There is no indication in the Labor Code of the Russian Federation that a citizen should not be dismissed on weekends.
Secondly, some employees may be involved in the process of terminating relations with the employer. In particular, we are talking about accounting. It is impossible to force them to go to work because of one frame on an official day off.
Thirdly, the date of dismissal cannot be postponed to the first working day. This is due to the fact that in this case there will be an extra day after working out.
All these features must be considered by each employer. You can postpone the process of termination of relations on the first working day, but the employee has the right to express his disagreement. For example, complain about the employer. Then the termination procedure will be declared illegal.
According to the Labor Code of the Russian Federation
With ordinary dismissal, you can easily turn to the Labor Code of the Russian Federation. It clearly states that the day of termination of previously concluded relations between the employer and employee is considered the first working period after the weekend. But given the previously listed facts, difficulties arise.
Is the day of dismissal a weekend on schedule? Or just a generally accepted legal rest? In such a situation, it is recommended to put down in the order of dismissal by the last working day the one that was actually worked out by a citizen. Accordingly, all actions are carried out precisely with such dating. Reception saves employers many problems.
Underwater rocks
Nevertheless, the given algorithm of actions will save from various pitfalls. Why? The fault is the labor legislation that is in force in Russia today.
If the day of dismissal fell on a day off, and the boss decided to use the previously proposed technique with execution of the order and documentation at an earlier date, the subordinate has every right to file a complaint with the labor inspectorate. The thing is that, according to the law, during training, the frame can change its mind and withdraw the application for termination of employment.
It follows that, when issuing the relevant order, the legal right of a person is violated a day earlier. If a new employee has already been selected for an empty seat, it is necessary to conclude an employment contract with him in advance.
According to the fixed-term employment contract
Sometimes there are situations in which an urgent labor contract is signed with subordinates. Often, it is precisely such cases that bring many problems to the bosses. After all, in them the date of dismissal falls on the day off most often.
How to act for the employer in order not to run into trouble? There are 3 theories regarding this issue. Among them are:
- arrange termination of relations on the last actually worked day;
- terminate the contract after the holiday / weekend;
- arrange the process on the day of termination of the contract with the involvement of all necessary employees to work, if they also have a day off.
Experts advise acting on the second proposed scheme. It is this scenario that occurs most often.
Delivery of documents
Otherwise, the process is no different from the previously given algorithm. Day of dismissal falls on a day off? A shift schedule or any other is not so important. The main thing is that now every employer knows what schemes are proposed to act.
Upon termination of the employment relationship, it is imperative to give the employee a specific list of documents. It:
- employment history;
- copy of the order to terminate the contract (upon request);
- any certificates from the personal file of the subordinate (if he asks them);
- settlement slip;
- income statement in the form of 2-personal income tax.
All listed papers are necessarily issued to the frame. For them, the employee signs in special magazines. Also, in the accounting department on the pay slip, the laid out cash is issued.
Many people think about how to act in the studied situation. If the day of dismissal falls on a day off, when to issue a work book? It all depends on the decision of the boss regarding the execution of the order of dismissal.
As practice shows, a document can be given on any day. Therefore, the dismissed employee has the right to come for relevant documentation on the first working day. It is this alignment that occurs most often.
In some cases, the work book is given in advance. But this is not the best practice. It is advisable to discuss with the employee the nuances of issuing all of these documents.
Conclusions and Conclusions
Now it’s clear how to proceed if the day of dismissal falls on a day off. The Labor Code of the Russian Federation provides a great many features regarding this topic. But with the right actions, the studied procedure does not cause trouble.
It is recommended to discuss all the features with the frame. Then you can issue a dismissal order and issue documents even a day later. In other words, on the first working day after the day off. But such manipulations are carried out at the risk and peril of the authorities.
As already mentioned, if the day of dismissal falls on a day off, the order is executed with the date of the actually worked shift. In fact, it’s better to try to negotiate and “adjust” the termination of labor relations for working hours.
It does not matter for the employee when the date of dismissal has come - it falls on the working day or not. After all, staff do not need to worry about documentation. If the employer violates the rules, you can simply complain about it. Often it is on the side of the subordinate that the law stands. Is the day of dismissal a day off after vacation? More similar situation will not cause problems.