Is it possible to fire an employee for missing 1 working day?

Author of the article: Vladimir Danilevsky Last modified: February 2020 3798

Hiring and firing on the same day is an unusual situation even for experienced personnel officers. Such cases occur rarely, however, both the employee and the HR specialist should know the procedure. In addition, an important nuance is the correct entry into the work book. This will be discussed in detail in the article.

Employer Notice

The employment relationship can be terminated either at the request of the employer or at the initiative of the employee. Most often, it is the hired person who initiates the breakup. An employee does not need any grounds for dismissal, as an employer; he simply expresses his will on paper and indicates the date of his last working day. But the company’s management must comply with much more conventions in order to terminate the relationship. First of all, you will need a basis for such an action, which must be consistent with the articles of the Labor Code and supported by documents.

When resigning at his own request, the employee must notify the employer in advance; this rule must be followed. When we talk about a warning, we mean a written form, not an oral one. The countdown begins from the moment the application is registered. Depending on the situation, the notification time may vary from three days to two weeks. Working the time established by law is mandatory unless otherwise agreed upon or the case falls under an exception.

For two weeks

Article 80 of the Labor Code of the Russian Federation regulates that when an employee terminates an employment contract, he is obliged to notify the employer in advance. In general cases, notice must be given two weeks before leaving. The countdown of the indicated 14 days begins from the next day after the application is submitted to the management of the organization. The working period is calculated in calendar days and does not oblige the dismissed person to be at the workplace during this entire time. The employee can take leave at this time, if he has one, or take days without pay. Any action is pre-agreed with the employer.

Two weeks of work allow you to:

Management must find a replacement to replace the departing person.
Accounting departments calculate the amount of settlement and compensation payments.
The HR department will prepare all the necessary documentation.
The person leaving the job should calmly assess the situation.

A submitted resignation letter can be withdrawn by the applicant at any time, up to the last day of work. It is impossible to cancel the procedure only if a new employee has already been hired for this position.

For three days

The specified two weeks do not apply to some workers. Legislative norms stipulate cases when a warning should be given three days in advance instead of the fourteen days specified in Article 80.

It is necessary to dismiss employees within three days who:

They are on a probationary period and have expressed a desire to interrupt cooperation during this period.
Accepted to perform seasonal work, provided that a fixed-term employment contract was concluded with them.
If there is a contract that has a validity period of no more than two months.

All of these cases imply that the initiative comes from the employee, and not from the organization’s management.

The person resigning is obliged to notify the other party to the contract in writing of his intention. If termination of the relationship is the desire of the employer, then the period is increased to seven days.

What could be the reasons

The current legislation regulates a clear list of persons who have the right not to work for two weeks after submitting a letter of resignation, and they look like this:

Change of place of residence . The key condition in this case is the inability to carry out normal work activities in the current position from a new place of residence due to extreme remoteness. As confirmation, a document is provided on deregistration at the previous address or a certificate provided by local authorities, which certifies the fact of the citizen’s residence in another place.
Transfer to another region of one of the spouses.
Admission to a specific educational institution. In this case, we are talking only about full-time education, since other types do not involve interfering with work activity.
Inability to live in the specified area . A valid reason in this case may be the presence of some serious illness in one of the close relatives.
The need to provide care for a child before he reaches fourteen years of age or because of his disability. In the first case, it is not necessary to provide any supporting documents, although it is recommended to attach a copy of the birth certificate to the application for verification.
The need to care for a close relative due to his illness or disability of the first group.
Retirement.
Acceptance for a specific position based on the results of a competition.

This is important to know: Filling out a work book upon dismissal: sample 2020

Cases of dismissal without work

Not all life situations can fit into the standard scheme of working relationships. Sometimes everything turns out in such a way that a person simply physically does not have the opportunity to work for the specified period, or he has an urgent need to interrupt work in this organization, without documenting the reasons for leaving.

Article 78 of the Labor Code of the Russian Federation allows the parties to part by agreement, which implies any conditions for leaving and any terms for terminating the contract, including same day. But Article 80, paragraph 3 lists cases where termination of an agreement on the same day is the obligation of the employer, which he cannot challenge. These include:

Reaching retirement age.
Enrollment in an educational institution for full-time study.
The presence of medical contraindications for further performance of their work duties.
The need to care for a relative with a disability.
Moving to another area due to a spouse being sent there for work.

Urgent dismissal is also practiced if the employer has violated the terms of the signed agreement with the employee.

By agreement of the parties

The most convenient method of dismissal for both participants is an agreement between the parties. Any party to the contract can initiate such termination. To apply Article 78 of the Labor Code of the Russian Federation, two mandatory points must be met:

Notify the other party of the decision.
Obtain consent to this procedure.

Dismissal by agreement of the parties is not burdened with mandatory conditions prescribed by law. Here the parties themselves develop their own rules and reach a mutual agreement, taking into account the interests of both. Most often, an agreement is reached in writing, and it sets out mandatory points.

You can terminate the contract, referring to Article 78, in one day. The main thing is that the other party approves this plan and supports the decision made.

When retiring

In Russia, the retirement age is determined by the following criteria:

Women can retire when they reach 55 years of age.
Men after celebrating 60 years.
There are also special categories that have benefits that allow them to go on vacation earlier than specified.

Having reached retirement age, according to the law, the employee himself has the right to decide whether to continue working or go on a well-deserved rest. Russian legislation does not oblige a person to stop working. Many employers welcome experienced workers and encourage them to continue working.

After reaching retirement age, a citizen can work not only in the organization where he worked previously, but also look for other jobs. But you can exercise the right to dismissal without service only once, and it does not necessarily have to coincide with the moment you reach retirement age.

Upon admission to study

Entering an educational institution is a serious milestone in the life of every person and it may not always be consistent with work. If a student is enrolled in full-time study, then he simply does not have the opportunity to work on a permanent basis, and sometimes we are talking about the need to move in connection with admission. Be that as it may, the legislation provides for two options for terminating the contract upon admission:

Standard with notice to the employer two weeks in advance.
Indicating the individual dismissal period.

You can quit on the same day or with minimal work if you have a document confirming the fact of admission. Along with the application, the employee submits a certificate from the educational institution, which indicates that this citizen is enrolled as a student. The paper is certified by the rector of the university and the seal of the organization.

Article 80 of the Labor Code of the Russian Federation does not provide any clarification as to what form of training implies the possibility of urgent dismissal. Therefore, certificates of enrollment in any form of study are accepted, be it full-time, part-time, part-time, part-time, evening or weekend.

Other cases

Other cases of urgent termination of cooperation include several different reasons, which are regulated by other articles of the Labor Code or federal laws.

Citizens who are on maternity leave to care for children until they reach three years of age can resign without any problems on the day they submit their application. You can do this without hindrance while you are on maternity leave, because in fact, a replacement has already been found and the employer does not have to urgently solve this problem.

Frequent reasons for urgent termination of a contract are moving to another location. This reason allows you to quit in one day, but with the condition that the employee can prove it with documents. Quick moves may be triggered by military spouse transfers.

Another undeniable reason for leaving an organization is established medical contraindications to performing certain duties. An established diagnosis does not always lead to dismissal; it can facilitate transfer from one position to another. But a worthy compromise that suits both parties is not always found, and sometimes the doctor’s testimony is such that the patient should even change his place of residence.

What dates should I put in the employment record of dismissal and hiring on the same day?

According to labor legislation, when leaving a permanent job and subsequent employment in another organization, the dates cannot coincide, if in both cases the employee is employed in the main position. Example:

Artemyeva I.I. resigned on October 19, 2014 from Plus LLC, where she worked as an accountant on a permanent basis, and on October 20, 2014, she was hired for the same position at Avers LLC. This arrangement of dates is considered correct: October 19 (the day of dismissal) was her last working day, and on October 20 she began performing her job duties in another organization. If Artemyeva I.I. was hired on October 19, 2014, this would be considered a violation, because on this day she must still work in the same place.

Another example is when an employee worked part-time and moves to his main place of work, and the hiring and dismissal dates may coincide:

Afanasyeva A.V. I worked as a part-time manager at Integra LLC, but on January 20, 2020, having previously agreed everything with the manager, I submitted an application for transfer to a permanent place of work. She was fired and hired on the same date.

When the dates of dismissal and hiring may coincide:

When an employee resigns from a combined position and gets a job in the main one.
If for some reason the employer decides not to dismiss the employee, but entries have already been made in the work book and the order has been drawn up.
If an employee quits a part-time job and moves to another part-time position.
Issue an order according to which the previous dismissal order will be declared invalid.
Enter in the work book information about the recognition of the dismissal record as invalid. As a basis, the last column indicates the order, its number and date of preparation.

Application Form

In all of the above cases, the initiative to terminate cooperation comes from the hired person, so the procedure itself begins with writing a statement. In it, the employee notifies the employer of the need to resign urgently.

The application is written in a standard manner on a blank sheet of paper or on a form developed by the organization for such cases. It states:

Name of company.
Manager's position.
Full name of the general director.
Last name and initials of the submitter.
The text of the form expresses a request for urgent termination of the contract.
The reason for such hasty care is prescribed.

The only thing that distinguishes this document from the standard one is the timing. In the application, the date indicated as the day of dismissal and the date of its submission coincide. It should also be taken into account that such a hasty calculation requires evidence, so supporting documents should be attached to the form.

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.

General procedure for terminating a contract

The general procedure for terminating relationships with urgent settlements does not change, everything is just done in a short time. The step-by-step registration procedure is as follows:

The employee submits an application for consideration.
The director familiarizes himself with the received form, and if the reasons for imminent dismissal are confirmed, he issues an affirmative visa.
An order is issued in which the order is given to dismiss the employee and make all settlements with him, both financial and documentary.

After the order is issued, all other services take over, each of which performs its own functions.

Last working day

On the last day of work, the parties must make mutual payments to each other so as not to remain in debt to each other. To do this, the employee is given a bypass sheet, in which notes are made that he has handed over the valuables previously entrusted to him intact. For example, a computer, printer, laptop, etc. If, due to his position, he was entitled to personal protective equipment, then he either rents them out or buys them back at the residual value.

In turn, the employer is obliged to accrue all amounts due for work performed and other remuneration due to the dismissed person. The employer also issues the citizen his personal documents and salary certificates. All these manipulations are carried out on the last working day, since after termination of the contract the parties cannot make demands on each other in the usual manner, although they have the right to go to court if issues are not settled voluntarily.

Issuance of a work book

The work book is kept by the employer throughout the entire period of work with a record of the person’s admission to the organization. When an employee is transferred from place to place, appropriate notes are made in it. Upon dismissal, a record of termination of the relationship is made on the last working day and not earlier, since before this moment the decision may change, and the relationship will be subject to changes.

The HR department employee makes an entry in the work book about the date of termination of the contract, as well as the reason for it. In case of urgent care due to the onset of retirement age, a corresponding note is made, which will subsequently prevent the use of this right a second time. The information is based on the issued order, and its wording fully corresponds to it. Data on the order number and the date of its issue are entered in the appropriate column. The entry made is certified by the signature of the personnel officer and the seal of the organization.

The work record book is issued to the person who resigned against his signature, which is placed in a special journal.

Standard Rules

The employment contract most often stipulates that before leaving your workplace you must work for at least two weeks. Such a legal statement may occur in a specific situation, but this rule can be circumvented. There are certain reasons why working off is not required. Labor legislation contains the necessary information about whether it is possible to quit in one day and what is necessary for this.

This is important to know: How the pension is recalculated after the dismissal of a working pensioner

It is worth considering some situations where an employee has the right to leave at will without working mandatory hours.