Dismissal at the initiative of the employee: nuances associated with the timing of the application and the date of dismissal

Contents and design of the document

An order in the established form T-8 is an internal document drawn up upon termination of an open-ended employment contract or at the end of the stipulated period.
If an employee resigns on his own initiative, the basis for drawing up documentation is a statement drawn up and signed by the resigning person. According to established practice, the number indicated on the form will be the last working day of the resigning person. Guided by this document, the responsible person writes in the work book that the employee is fired, with the obligatory indication of the reason, month, date and year. But there are exceptions when the date of the dismissal order and the date of dismissal may not coincide. This circumstance alone is not enough to speak of a violation of the law, although many citizens think otherwise.

Until January 1, 2013, T-8 forms were filled out and issued in accordance with the approved resolution of the State Statistics Committee. It is called “On approval of document forms” and was published on January 5, 2004. Since this act was abolished, T-8 forms have ceased to be mandatory. In particular, a dismissal order can be issued before the day of dismissal, and sometimes the head of the company is obliged to do this.

Currently, enterprises are not required to use unified forms, but have the right to develop their own, as well as create documentation in free form. However, there is a list of information that must be present:

• name of the company, institution or individual entrepreneur;
• the basis on which the worker or employee is considered dismissed, indicating Art. TK;
• Full name and position of the employee;
• signature of an authorized person or director;
• signature of the person who is about to resign;
• date of preparation and document number.

The name and legal status of the employer is usually indicated at the top of the document. Here, the HR department employee puts down the date and serial number. The number of the employment contract and the date of its preparation are indicated below in a special line. It also contains information about the termination or termination of the contract.

Information about an employee is usually written out from his personal card. In addition to the full name and position, the contract may indicate the number assigned to the employee on the timesheet and the department in which he worked. The reason for termination of the employment relationship is stated in the “Grounds” column. The employee is required to sign the completed form, unless this is impossible. If he does not want to sign, the employer draws up an act of refusal.

Rules for issuing an order

The order can be drawn up in any form or according to a standard template developed by Goskomstat. The order is a key document regulating the procedure for terminating a contract with an employee. On its basis, accruals are made for the final payment of an individual and a work book is drawn up.

The structure of the document must provide fields for the following information:

• company name;
• number of the order and date of its issue;
• content - the essence of the regulated procedure, the reasons for termination of the contract (indicating the details of this agreement), a link to the article of the Labor Code of the Russian Federation, information about the employee from his personal card, the date of dismissal.

The document is certified by the handwritten signature of the head of the organization. If the company has a seal, its imprint must be affixed to the form. After registering the order in the journal of issued orders, the dismissed employee must be familiarized with the text of the document.

The fact of reading is recorded by the signature of the specialist leaving the position. If the order concerns several employees, each of them must sign at the bottom of the sheet on which the order is printed.

Reasons for date discrepancies

The legislator does not regulate what date an order for voluntary dismissal should be. There is also no clear and direct prohibition on compilation and publication before the date of dismissal for other reasons. This is due to the fact that some actions that take a certain amount of time can only be performed after the order has been completed and issued. The employer decides how many days in advance to prepare the paper.

A situation where a document is drawn up in advance may include an upcoming staff reduction. Accounting staff must draw up reports to fully pay the employee on the day of dismissal, as prescribed by regulations.

It is possible (and necessary) to issue a dismissal order in advance during the liquidation of a legal entity. In this case, the day is indicated when the employee will have to stop performing official functions.

The provisions of Art. 71 of the Labor Code of the Russian Federation regulates the situation when a dismissal order can be issued only before the date of dismissal. When a specialist, employee or worker is on a probationary period and the results are unsatisfactory, the employer must complete the required documentation no later than 3 days before dismissal. Within the same period (3 days or earlier), the employee should be notified in writing about the initiative coming from the employer. In this case, it is impossible to dismiss an employee or worker on the day the order is drawn up.

It is also possible to issue an order later than the date of actual termination by a full-time employee of the functions assigned to him. For example, when an employee:

• died;
• lost his legal capacity;
• missing.

The condition must be met that the fact of disappearance, death or loss of legal capacity did not immediately become known to the employer. The basis for issuing a document on termination of an employment contract in such cases is the inability of the employee to perform his direct duties. In this case, the employment contract can be terminated only by issuing an appropriate order.

Grounds for issuing an order to terminate an employment contract

Termination of labor relations is possible at the request of the worker, at the insistence of the employer (absenteeism, failure to fulfill duties, etc.), in the presence of mutual consent, as well as due to circumstances that do not depend on the parties (conscription, death, conviction, etc.).

Organizational administrative acts are issued on the basis of any documents: an employee’s personal statement, an act of absence from work, an act of committing a disciplinary offense, a summons for conscription, a court verdict, etc.

How many days in advance is this document issued? The deadline for issuing a dismissal order is not established by law. This may occur earlier or later than the actual dismissal. Therefore, the personnel officer can begin preparing the document both immediately after the grounds arise (for example, during absenteeism) and on the day of dismissal. Therefore, it does not matter what date it will be indicated. They may not match.

Canceling an order

If the document was issued on a previous date, it may be cancelled. This happens in cases where the grounds for termination of legal relations cease to exist. For example, an employee changed his mind about quitting and withdrew his application. Another common situation is the restoration of an employee’s rights. Based on a number of provisions prescribed in Art. Art. 129 and 234 Labor Code, as well as Art. 106 Federal Law “On Enforcement Proceedings”, the restoration procedure is carried out by canceling the previous document.

If the issued document was not canceled before the specified date inclusive, it will terminate the employee’s work activity, with the exception of situations provided for by the Labor Code and other regulations. As a general rule, on the last working day the employee receives a work book and other required documents, as well as a payment, including compensation for unused vacation.

If the employee or worker was absent on the last day, he must submit an application to make the calculation. Then all payments due must be made on the same or the next business day.

Is it possible that the date of drawing up the order is later or earlier than the day of dismissal?

As already mentioned, the law does not contain restrictions regarding the date of drawing up the order. In particular, it can be issued before the date of dismissal, in advance. In this case, the future date of dismissal of the employee is entered, upon which the administrative document will begin to take effect.

Example. Sidorov V.G. submitted an application on March 12, 2020, in which he expressed a desire to resign. In the document, he indicated the date of his last day of service - March 27, 2020. The employer issued an order that Sidorov V.G. will be dismissed on the day the application is received - March 12, 2020. At the same time, the dismissal date was set for March 27, 2020. Thus, upon the arrival of March 27, 2020, the order began to take effect and Sidorov V.G. was fired.

Important! Although the order can be issued before the employee is dismissed, the best option is to issue it on the day of dismissal. This is due to the fact that after drawing up the order, the worker has the opportunity to withdraw the application. In this case, the employer will have to cancel the administrative document.

The only case when an order is issued after the date of dismissal (termination of the contract with the employee) is the death of the employee, which the employer did not know about.

Order for a dismissed employee: general provisions and procedure for drawing up

An order is an order from the company’s management, drawn up in writing. One of the types of such documents is a dismissal order. It can be drawn up either in any form or in form No. T-8, which is approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

The legislator does not exclude the possibility of approving his order form in a specific organization. In this case, it is recommended to include all the information contained in Form No. T-8.

The order may contain the following information:

1. Company name.
2. The date of its compilation.
3. FULL NAME. employee, the unit in which he performed duties, his personnel number.
4. The date on which the employee will be terminated.
5. Grounds for dismissal and a link to the article of the Labor Code of the Russian Federation under which the worker is fired.
6. A link to the documents that served as the basis for dismissal, for example, a statement from the employee.
7. Signatures of the manager and employee (that he has read the document).

Dismissal with 2 weeks of work: how to calculate taking into account holidays

Another pressing question is how to count two weeks of work upon dismissal if they cover holidays. For example, an employee notified his employer of his planned dismissal on December 28, 2020. Accordingly, all New Year's holidays were included in the working period (Article 112 of the Labor Code of the Russian Federation). Does it need to be extended now?

In accordance with the Labor Code of the Russian Federation, a period calculated in calendar weeks includes non-working days and expires on the last day of the corresponding week of the period (Article 14 of the Labor Code of the Russian Federation). In addition, there are no special rules in the Code stating that the employee must work the specified 14 days before dismissal - not be on vacation, not be sick, etc. (Letter of Rostrud dated 09/05/2006 N 1551-6). Therefore, when calculating the period of 2-week work, non-working holidays must be taken into account, that is, included in it.

Accordingly, in the example under consideration, the work period (2 weeks) includes holidays from January 1 to January 8, and the employee’s last day of work will be January 11, 2020.

There is such a general opinion that it could be simpler than the procedure and process of dismissal at one’s own request: the employee wrote a statement, the employer calculated it, and also issued a work book - and that’s all. But as practice shows, such termination of work activity does not always go smoothly both for employees and, in principle, for employers. Many people working in an organization may have a question during such dismissal, from what day do the two weeks of work begin? It is this question that we will consider in the article.

Rules for dismissal and work off

Start over. The basic rules of how to properly dismiss are enshrined in Art. 80 of the Labor Code of the Russian Federation: an employee has the right to resign from any organization based on his own desire, but at the same time, he must notify the employer in writing at least 2 weeks in advance. The application must be submitted in two copies. The boss puts a mark of receipt on it and returns one copy to the employee.

The next important step is to work for two weeks. The legislation, in fact, does not provide for the person leaving the institution to work out exactly this period, that is, it is not always necessary to work during this specified period of time. The main thing is to warn management about dismissal in advance. And if the employee is on sick leave or on vacation at this time, then this time will also be counted towards the 2-week period.

In accordance with Art. 127 of the Labor Code of the Russian Federation, an employee can demand leave followed by dismissal, and this will not depend on the duration of the leave. But the director is obliged to pay the employee and issue him a work book on his last working day, and not, for example, on the last day of vacation.

This means that the answer to the question from which day to count two weeks when leaving is quite simple. This period of time always begins the next day after the employer receives the employee’s application for termination of the employment contract (Article 41 of the Labor Code of the Russian Federation). It is also worth noting that the period, which is calculated in calendar days or weeks, also includes non-working days. If suddenly the last day of the term falls on a non-working day, then the end day of the term is the next closest working day after it.

What day is the last day of dismissal after working?

Firstly, the two-week period begins at 00 hours 00 minutes of the day following the date of filing the application for termination of the employment agreement to the boss, and this period ends on a certain day of the week. For example, if an employee filed an application for termination of employment on October 1, 2013, then the 2-week period will begin to count from the 2nd and end on the 15th. It turns out that the employee will work for 14 days.

Secondly, when the boss accepts the resignation letter, he confirms this with a date stamp. Therefore, if suddenly there is less than 2 weeks between the date the manager received the application and the day when the employee asked to dismiss him, the employer may not pay attention to such a request and count 2 weeks on his own.

Thirdly, the working period cannot be extended.

By the way, it is worth noting that 2 weeks is the general period for notice of voluntary dismissal. However, there are exceptions for certain categories of workers. For example, after receiving a statement written by him, a director may not be fired for a whole month. An employee on a probationary period can work only 3 calendar days if he has expressed a desire to leave work of his own free will.

Do I need to put a stamp and signatures?

Endorsement of a document – ​​affixing signatures by authorized persons.

These signatures confirm that these persons are familiar with the contents of the document and their consent.

In the case of an order to terminate the employment relationship by decision of the employer, such persons will be the immediate supervisor of the dismissed person, accounting, lawyer and human resources department.

If we talk about terminating an employment contract at the employee’s request, then a number of visas will already be contained on his personal application, then there is no need to re-affix them on the draft order.

As a rule, the requirements for the procedure for endorsement of documents are approved by the administrative act of the organization.

It may provide a list of visa holders for certain documents, as well as the deadlines for affixing their visas.

Orders are issued and signed by the head of the organization in a single copy. This original document is stored in the personnel department; copies certified by the personnel officer are issued to all other departments and to the worker himself.

Note! Stamps are optional, since this is not enshrined in any way at the legislative level.

Cases when you do not need to work 2 weeks and who may not work them

Just as any rule has exceptions, there are also those who may not work upon dismissal. So, you can quit without having to work for a period of two weeks in the following cases:

1. If there is an agreement between the parties on this issue. For example, a person who is planning to resign from a company has a good relationship with his employer, and he may well let him go without working the required period. Either the employer simply has no desire to keep him, or there is already a candidate for this position.
2. Enrollment in an educational institution. If an employee has entered a college, institute or university, then he can quit without any problems and the director, in turn, is obliged to terminate his employment relationship on the day the former worker of the enterprise wrote a statement. But still, in this case, warn about your dismissal in advance.
3. Retirement. Pensioners also do not need to work off, since they are not required to work at retirement age.
4. Moving and a new place of residence or sending a spouse to a new location or abroad.
5. Moving to a new place, if it is impossible to live in the previous one, due to health problems (must be confirmed with a medical certificate).
6. Inability to do your job due to health problems.
7. Caring for a child who has not yet reached 14 years of age or caring for a disabled child, it can also be caring for a sick relative or a disabled person of the 1st group.
8. pregnant women or those raising 3 or more children under 16 years of age.

Summarizing all of the above, I would like to note once again the date from which the working period for dismissal is set - the countdown starts from the next day after the employer receives the employee’s statement of desire to resign. On the last day of the working day, the boss must pay you off and give you your work book.

Is it possible to issue a dismissal order before the dismissal date?

Answer to the question:

The dismissal order may be issued before the date of dismissal; the employee may be familiarized with it against signature upon its issuance.

Article 84.1 “General procedure for formalizing the termination of an employment contract” of the Labor Code establishes that the termination of an employment contract is formalized by order (instruction) of the employer. The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature (parts one and two of Article 84.1 of the Labor Code of the Russian Federation). Thus, the requirement that the order must be issued precisely on the day of dismissal is not established by the Labor Code, nor is it established the period for how long before the day of dismissal this order can be issued.

In case of dismissal by agreement of the parties, the order can be issued on August 28. Dismissal by agreement of the parties is characterized by the fact that the parties agree on the date of dismissal and neither party can change the terms of the agreement unilaterally. Therefore, if the parties agreed on dismissal on December 10, then you can issue an order dated August 28, indicating in the order the date of dismissal - December 10. Familiarize yourself with the order against the employee's signature on August 28, but based on the order, the accounting department will make settlements with the employee in December.

Details in the materials of the Personnel System:

Situation: Is it possible to issue a dismissal order in advance?

Yes, you can.

The dismissal of an employee is formalized by order. Such an order is issued according to the unified form No. T-8, approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1, or according to an independently developed form. You can issue a dismissal order and sign it either on the employee’s last working day or in advance. There are no restrictions in this regard in the law. The legality of this position is confirmed by judicial practice (see, for example, the appeal ruling of the Altai Regional Court dated November 26, 2013 No. 33-9680/2013).

However, if an order is issued in advance, it may later become necessary to revoke it. For example, when resigning at his own request, an employee will want to use his right to withdraw his resignation letter, including on the last working day (Article 80 of the Labor Code of the Russian Federation). In such a situation, the order that was issued earlier must be canceled and another order issued in any form stating that the previous document has been cancelled.

Attention: even if a dismissal order has already been issued and both parties have signed it, this does not deprive the employee of the right to withdraw the dismissal application at his own request. The law does not provide for such restrictions (Part 4 of Article 80 of the Labor Code of the Russian Federation).

Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment

From the answer “How to formalize dismissal at your own request”

With respect and wishes for comfortable work, Irina Pavlova,

HR System expert

>Date of dismissal and date of dismissal order

What date should the order be dated?

If you carefully study the provisions of stat. 84.1 of the Labor Code, it becomes clear that the generally accepted normative procedure for terminating a contract with personnel implies the mandatory drawing up of an order from the manager. The contents of the order are communicated to the specialist against his personal signature. At the request of an individual, the personnel officer is obliged to give him a copy of the document, duly certified. If an employee refuses to sign an order for various reasons, a corresponding entry is made on the form.

However, neither the Labor Code of the Russian Federation nor other legislative acts say what date the order should be generated. Since this document reflects information about the employer, about the employee, as well as about the moment of termination of the TD, we can conclude that the date of drawing up the order is not important. The main thing is to correctly indicate the day of termination of the contract. Subsequently, on the basis of the order, an entry is made about the employee’s length of service in his work book and a calculation is calculated.

Can the date of the order be earlier than the day of dismissal?

Unambiguously, the date of the order cannot be specified later than the date of dismissal of the specialist. It would be pointless. The law does not prohibit drawing up an order earlier. Moreover, in some cases it is even more convenient for the personnel officer. For example, if not one employee leaves the organization, but several. Or, if the personnel employee himself is going on vacation. Then you can prepare dismissal orders in advance, do not sign them with the manager yet, and on the last day of employment, complete the remaining necessary actions.

Note! The employer is obliged to issue a work book and pay the required types of remuneration on the last day of employment of a specialist, that is, on the day of dismissal.

Why is it not recommended to sign orders with management in advance? This is due to the employee’s right to withdraw his application before dismissal. If the order has already been signed, a labor dispute will inevitably arise. Or you will have to re-issue the documents. It is easier to prepare an order in advance and have it endorsed by the director on the day of termination of the employment contract. Then all formalities will be completed.

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When and how is a dismissal order drawn up?

An order is the employer’s main document for terminating an employment contract (EA) with an employee. The document is drawn up on a unified form according to f. T-8 or on your own. If the company develops the form independently, it is required to approve the form in the document flow schedule.

The order (order) for dismissal is filled out in accordance with the regulatory basis (reason) for termination of the trade union. In this case, such a basis must be documented. For example, if an employee leaves of his own free will, an application addressed to the employer is drawn up. If the employment relationship is terminated by mutual consent of the parties, a written agreement is signed. But in any situation, regardless of the regulatory basis, the employer is obliged to issue an order.

According to general rules, the date of the order and the date of dismissal coincide. But sometimes the date of the dismissal order is earlier than the date of dismissal and this is not considered a violation. Why? More details below.

How to determine the date?

A person ceases to be an employee of the company at the moment when the employment contract is completely terminated. This procedure must be carried out on the last working day; in order to correctly determine it, it is necessary to take into account a number of nuances:

• the employee must write a letter of resignation and send it to the human resources department, the head of the organization or other responsible person in any convenient way. The document must be submitted 2 weeks before the desired day of leaving the organization. In such a situation, the countdown of the two-week period begins on the next day after filing the application;

It is important to know! If the date is a weekend or holiday, the director may postpone it to the next working day. However, the law does not prohibit dating dismissal on a weekend. For the procedure to be completely legal, there must be a responsible person at the workplace who will make a full settlement with the employee.

• if the work is canceled by agreement with the manager or by law, for example, for a pensioner there is no need to work for a two-week period, then the last day of filing the resignation is considered;
• if a person is on sick leave, then the employer cannot fire him at this moment, even if the initiative comes from the employee. The last day will be the first day after the sick leave is completely closed;
• when a person is on vacation, the person is still on the staff. Full dismissal is carried out on the last day of legal rest;
• if a person did not work of his own free will and without a good reason (absenteeism), then the day when the person was at the workplace before absenteeism is considered the last working day.

On the last day, the employee must be at the workplace and fully perform his job duties. If an employee ignores his duties, the manager may impose disciplinary action. In case of a gross violation, the director of the organization has the right to dismiss the employee under the article.

It is important to know! If for some reason an employee does not show up at work on the last day, for example, due to an error in calculations, then he can ask the manager to assign an additional day to work. This will help avoid conflicts with management.

Regulations on the procedure for dismissal at will

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1. GENERAL PROVISIONS

1.1. These Regulations establish the basic requirements for the procedure for dismissing employees of the Organization.

1.2. The regulations were developed taking into account the basic requirements of the Labor Code of the Russian Federation, Instructions for maintaining work books, the Journal of basic standard forms and other regulatory and methodological documents.

1.3. Compliance with the requirements of these Regulations is mandatory for all employees of the Organization.

1.4. Department heads are responsible for failure to comply with the requirements for the procedure for dismissing employees prescribed in this Regulation.

1.5. The HR manager is responsible for the correct documentation of employee dismissals.

2. APPLICATION FOR TERMINATION

2.1. An employee has the right to terminate an employment contract concluded both for an indefinite period and a fixed-term employment contract by notifying his immediate supervisor in writing 2 weeks in advance. No other evidence of the employee’s desire to terminate the employment contract on his own initiative is taken into account.

2.2. The resignation letter is written to the General Director and must contain the reasons and term of dismissal. See Appendix No. 1.

2.3. The head of the department reviews the employee’s application and marks it with a note of familiarization and the date of the employee’s possible dismissal.

2.4. The notice period for dismissal is calculated from the next day after filing the application. If the last day of warning falls on a non-working day (weekend or holiday), then the expiration of the warning period and, accordingly, dismissal, should be considered the next working day.

How to indicate the date?

Once the date is determined, it must be reflected correctly in each document:

• First of all, a person must notify the manager of his desire to leave. To do this, a corresponding application is drawn up in free form or on company letterhead, in which you should indicate not only the request to dismiss, but also the date of the desired termination of the employment relationship, which should be written down without the preposition “from”, for example, “... dismiss on June 22, 2020... " It is worth considering that in most cases the interval between the date of drawing up the document and the day of dismissal should be 14 days;
• The order is issued on the last day the employee is at work, so the date of issue of the order and the day of dismissal must coincide. The employer can order in advance the publication of the document, but if the employee decides to withdraw the application, the director of the organization will have to issue a new order to cancel the previous one;
• on the last day, the employee is issued a labor document with a notice of dismissal included in it and with reference to an article of the Labor Code of the Russian Federation. The date indicated in the book must coincide with the date of issue of the order and the day of actual termination of the employment relationship.

Incorrect indication of the date of the last working day in documents can lead to labor disputes, the resolution of which is carried out in court.

Sample letter of resignation at own request

If an employee wants to resign

The most common option for dismissal is considered to be the employee’s own desire. The sequence of actions in this case is quite simple:

1. The employee writes a letter of resignation and gives it to the manager for signature. It is not necessary to indicate the real reason. You just need to write “at your own request.” The application must be submitted in advance (two weeks before the specified deadline). During this time, the employee can withdraw the previously submitted application and continue to work peacefully.
2. The employer issues an order to dismiss at his own request in Form No. T-8.
3. Signed by the manager, this document is handed over to the employee himself for review and to the accounting department for settlement.
4. Based on this order, the personnel officer makes the necessary entries in the relevant documents. This must be done very carefully and carefully. Any small inaccuracy can become a big problem not only for the HR specialist himself, but for the entire enterprise.

This method is only possible for employees registered under employment contracts. Contract workers quit their jobs a little differently.

The problem is that I got acquainted with the Resolution on the replacement of correctional work a week ago, and it is valid from March 30, 2010!!! How to properly formalize a dismissal? The last dismissal order in my registration journal was issued on April 28, 2010? The employer must issue a dismissal order with reference to a court decision that has entered into legal force (this document in this case eliminates the need to provide an explanatory note), and make an entry about the dismissal in the employee’s work book.

If it is impossible for the employee to be familiarized with the dismissal order (for example, because he is in custody), an act of impossibility of familiarizing with the order should be drawn up. There is no need to prepare any other documents proving the employee’s guilt, for example, acts of committing an offense, minutes of the audit commission, etc.

Since the last day of the period falls on Saturday, October 24, the day of dismissal will be Monday, October 26. An employee can submit a letter of resignation both during the period of vacation and during the period of temporary disability; date of dismissal under clause 3, part 1, art. 77 of the Labor Code of the Russian Federation may also fall within the specified periods (see.

Change of date

The employer is obliged, within two weeks after the employee submits the application, to prepare all the necessary documents to terminate the employment relationship. During this period, material assets are transferred, reports and other documents are submitted, and an inventory is also carried out if the person bears financial responsibility.

If the employer did not have time to fully prepare the dismissal procedure or the employee did not complete all the instructions of the manager, then the delay in severing the employment relationship and increasing the working period is illegal.

If desired, only the employee himself can change the date of dismissal in his resignation letter. This requires the submission of an additional application.

Under normal conditions, a person is required to be at the workplace on the day of dismissal and perform his job duties. At the end of the working day, a full settlement is made with the employee, after which the dismissal procedure is considered fully completed. In case of any violations, a person can appeal to higher authorities to protect his rights.

In what cases is the day of dismissal considered a working day, and in what cases is it not?

According to the rules of Article 84.1 of the Labor Code of the Russian Federation, an employment contract is terminated on the last day of work. In exceptional situations, when the employee was actually absent during working hours, the moment of dismissal may be shifted. It is important that he retains his position for this period.

Let's take a closer look at all the possible options.

The employment contract is terminated on a working day

The best option is when the contract is terminated on weekdays. The employee must report to the employer and work the allotted time.

The date of dismissal is considered a working day. Before leaving, the citizen receives a work book and a full payment.

An employee quits on weekends or holidays

It happens that the moment of contract termination coincides with weekends or holidays. According to Article 14 of the Labor Code of the Russian Federation, the period of service is extended, and dismissal is postponed to the next weekday. It does not matter how long the rest period lasted.

Example

For example, dismissal must take place on December 30, 2019 (Saturday). Taking into account the New Year holidays, the dismissal order is issued on 01/09/2019 (working day). The employee is obliged to work it out because he will receive payment for it.

For workers with shift work, dismissal occurs on their last shift. In this case, the work shift may coincide with the weekend according to the calendar. The transfer rule does not work here. Therefore, the employer is obliged to make a full payment and issue a work book. The employee works his last day on a shift schedule.

An employee leaves voluntarily

When a citizen writes a letter of resignation of his own free will, the question arises whether the day of dismissal is considered a working day or not. After all, he often does not pay attention to what date the employment contract will be terminated. According to the Labor Code of the Russian Federation, it is mandatory to work for 14 days before final payment and dismissal takes place.

This is also important to know: What to do if the employer does not sign the resignation letter

The 14-day work period begins to count from the next day after the application is registered with the employer. The last working day may be:

• on weekdays, then the employee is released on this day
• or on weekends, then the time of care moves forward.

Example

For example, if a citizen reported his decision on 10/01/2019, the HR department employee begins to count the required work from 10/02/2019. The final payment will be made on 10/15/2019. If the documents were registered by the office on 05/29/2019, the two-week period expires on 06/12/2019 (holiday). Therefore, you can leave work on June 13, 2019.

By agreement of the parties

If circumstances arise that impede work, the parties agree on which day is considered the day of dismissal. Then they have the right to terminate the employment agreement by mutual consent. This can be done without working out. It is allowed to terminate the contract immediately after the decision to leave is made.

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Dismissal in case of liquidation of the company

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When liquidating a company, the employer is required to notify staff two months in advance. The management's decision is recorded by an order indicating a specific date. This will be the last day of work upon dismissal.

It is recommended to calculate the dismissal date in advance so that it falls on a weekday. Upon expiration of the planned period, the employment contract with all employees is terminated. A full payment is made and work books are issued.

The employee was laid off

Employees are notified of staff reductions two months in advance. An order is issued indicating the positions being reduced, as well as the date of termination of the employment contract. On the last working day upon dismissal, employees work out their time, receive due payments and documents.

This is also important to know: Dismissal due to staff reduction

If the citizen wishes, this can be done earlier. You will need to write a letter of resignation before the end of the scheduled period.

Dismissal during or after sick leave

The law prohibits dismissal based on the employer's decision if the employee is sick. This can be done only after the certificate of incapacity for work has been closed.

But the citizen himself has the right to submit an application for resignation while on sick leave. The moment of termination of the contract may coincide with the period of sick leave. The employer does not have the right to change this date and must make the final payment to the employee. After recovery, the employee receives a work book and sick pay.

What to do if an employee dies?

The death of a citizen is one of the grounds for termination of a contract. In order to process the documents correctly, you need to obtain a death certificate. An order of dismissal is then issued indicating the date on which this evidence was provided.

How to fire someone on vacation?

An employee can write a letter of resignation and take leave for the next 14 days before leaving work. Then dismissal occurs on the last day of rest. The employer does not have the right to pay the employee before the expiration of this period.

At the same time, the employer is not obliged to provide leave with subsequent dismissal from position. In large companies, the vacation schedule is approved every year, so employees go on vacation according to the schedule.

Termination of an employment contract on the day of filing a resignation letter

In exceptional cases, the contract is terminated immediately after the submission of the resignation letter.

This is also important to know: Continuous service after dismissal at will

The following circumstances may serve as a basis:

• the parties agreed on the date of departure;
• the employee retired;
• or entered an educational institution.

When to fire if an employee is absent

Some employees do not show up for work for a long time. The personnel service records absenteeism on a daily basis by drawing up a special report. The employee should provide written explanations of the reasons for his absence.

The citizen has two days to provide an explanatory note. If no valid reasons for absenteeism are established, then a dismissal order is prepared. The last working day before absenteeism, which is the day the work ends in the company, is entered in the work book.

Features of filling out the document

HR specialists often ask

1. If the termination of the contract occurs for the reasons specified in Art. 83 of the Labor Code of the Russian Federation (regardless of the will of both parties), then the order is issued at the time of the occurrence of the specified circumstances.

2. If the dismissal occurs on the initiative of the employer himself, then he sets a date for termination of contractual obligations. And the order can be drawn up three days before the specified deadline. This time will be enough for the employee to properly fill out the bypass sheet. During this time, the accounting department will prepare a full calculation.

3. If the terms of the contract are an agreement of both parties, then the order can be drawn up immediately after the manager signs the application for the upcoming dismissal.

4. If the reason is the employee’s own desire, then it is best not to rush and date the order exactly to the date of dismissal. According to the law, an employee can change his mind and withdraw his application at any time, so it is better to act for sure.

1. Termination of the contract. The action takes place on the initiative of one of the parties.

2. Dismissal of an employee. This includes any cause other than death.

3. Termination of the agreement. Any reason is also applicable here, up to a court decision.

There is a single form for filling out an order to terminate an employment contract - T-8, enshrined in Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1. You need to fill in the form with the following information:

• name of company;
• registration number and date;
• Name;
• details of the employment contract;
• date of dismissal (that is, what number should it be);
• FULL NAME. employee;
• Personnel Number;
• structural subdivision;
• job title;
• basis for issuing the act (reason);
• details of the paper that is the basis for issuing the act;
• signature of the manager with transcript;
• signature of the employee and date of familiarization with the order;
• information on consideration of the issue of dismissal by the trade union body.

REFERENCE: in addition to the unified form, the use of forms approved by the administrative act of the employer itself is not prohibited.

Most of the points do not require any explanation, but I would like to draw attention to a number of points.

Grounds for issuing the act (reason). When entering this information, you must strictly follow the norms of the Labor Code, and also indicate the article number.

Example of an entry: “At the initiative of the employee, clause 3 of Art. 77 Labor Code of the Russian Federation."

Details of the paper that is the basis for issuing the act. In the event of termination of the contract at the employee’s own request, this will be a personal statement.

Example of an entry: “Personal statement of I.I. Ivanov. from…..”

Opinion of the trade union body.

Taking into account the opinion of the trade union body is required in cases where termination of the contract may violate the rights of employees: dismissal due to staff reduction, inconsistency with the position, failure to fulfill labor duties (Article 82 of the Labor Code of the Russian Federation).

If the relationship is broken for the above reasons, the employer, before issuing an administrative act, must send a complete package of documents for consideration by the trade union and wait for them to accept a reasoned opinion.

REFERENCE: The trade union expresses a reasoned opinion within 7 working days from the date of receipt of the documents. The validity period of such an opinion is 1 month.

Document Number. Assigning numbers to official documents is part of personnel records management. As a rule, acts are assigned a number in order of priority. In addition to the numerical value, letters may also be included in the order number. Taken together, the order number will allow you to quickly find the document itself if necessary, as well as sort acts by type.

About

Questions

When is final payment due?

Full payment is made to the employee at the time of leaving work. He is given a work book, the requested documents, and is also paid wages for the time worked. Additionally, compensation is provided for unused vacation.

When laid off, the employee receives severance pay and payments for 2-3 months. If a citizen is absent from the workplace, the payment is issued the next day or upon his first request.

What happens if you violate the terms of payment upon dismissal?

It happens that companies violate deadlines and do not make payments on the day of dismissal. In case of absenteeism of an employee, the company is not subject to punishment, since the employer’s actions are not at fault.

This is also important to know: Order of dismissal for absenteeism: procedure for execution and sample of filling out the order with explanations

For violation of the final payment deadlines, the organization will be punished in accordance with administrative legislation. The fine amount is from 1,000 rubles. up to 50,000 rub. The employee also has the right to file a civil lawsuit to recover penalties. It is 1/150 of the refinancing rate of the Central Bank of the Russian Federation. For a delay in issuing a work book, the company will pay compensation in the amount of average earnings for the entire period of delay.

How to write a resignation letter?

The resignation letter is written in any form. It is advisable to calculate the moment of termination of the contract so that it coincides with weekdays. It is recommended to specifically state the date of dismissal without the preposition “from”: “I ask you to dismiss at your own request on January 25, 2019.”

Is it possible to find a compromise with an employee if the day of dismissal falls on a weekend?

It happens that dismissal must be formalized on a weekend or holiday. The employee may be against moving the date of termination of the employment contract forward. Especially if he has agreed on employment at a new place of work.

In such a situation, it is possible to terminate the employment relationship by agreement of the parties by agreeing on a more convenient day. In this case, the employee will no longer be able to withdraw his resignation letter of his own free will, but he does not have to work for 2 weeks.

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When is payment made for a dismissed employee?

By virtue of Part 1 of Art. 140 of the Labor Code of the Russian Federation, the worker must be paid on the day of dismissal. If the employee is not present at work, the calculation is made within one day from the moment the employee submits a request for the need to prepare it.

Thus, the dates of the order and dismissal most often coincide, but there may be situations listed in the publication when the dates may not correspond to each other. To avoid the need to cancel a pre-issued order, it is better to issue it directly on the day when the relationship with the worker ends.

This is interesting: Notice of dismissal for absenteeism sample