Dismissal on a day off at the employee's own request
Sometimes there are situations that baffle personnel officers. For example: if the last working day falls on a weekend, how to fire?
First, you need to figure out whose day off you mean - the employee or, say, the HR department? Such circumstances may arise during a shift work schedule.
So, is it possible to fire an employee on his day off? Of course you can. In Art. 84.1 of the Labor Code of the Russian Federation states that termination of an employment contract is formalized either on the last working day or during the period when the quitter retained his place of work. On a day off during a shift schedule, the employee has an employment relationship with the organization, so fire him without any problems.
How to fire someone if, for example, Saturday is the last working day for an employee, and the HR department is on vacation? It is impossible to delay the issuance of documents, which means that an employee of the HR and accounting department will have to go to work on a non-working day (and the employer will have to pay double for such an exit or provide another day of rest).
Recording in labor
Read on the topic: Grounds and conditions for terminating a fixed-term employment contract
Similar to an ordinary employment agreement, when terminating a fixed-term one, an entry must be made in the work book. After the contract period expires, a corresponding entry must be made in the specified document. It should be noted that when applying for employment, it is not necessary to indicate the temporary nature of the duties.
If the contract is terminated, the employer is obliged to indicate that the basis was the expiration of the validity period of the act. The exception is the presence of other grounds for dismissal. In a situation where the validity period has expired, but the person continues to work, the agreement takes on the character of an unlimited term. After this, the provisions of labor legislation apply to him.
Sample entry in the work book about termination of a fixed-term contract
Termination of contract with employees with privileges
The Labor Code of the Russian Federation describes situations when the employer is obliged to formalize dismissal on the day the application is submitted. We are talking about situations where an employee may not give notice of his intention to terminate the employment agreement, for example, when retiring or being called up for service.
Based on Art. 14 of the Labor Code of the Russian Federation, if the date specified in the employee’s application is a day off or an official holiday, then the employer has the right to complete all paperwork on the next working day. However, there are situations when there is no time to wait, for example, a conscript needs to arrive at the appointed place on Monday, but he works until Saturday inclusive. In this case, by special order of the manager, all persons responsible for issuing the work book and the final payment are involved in performing duties during non-working hours.
At the request of the employee
The Labor Code indicates the possibility of terminating an agreement at the employee’s will, and the type of employment agreement does not matter. When the agreement was concluded for the purpose of performing seasonal work or the validity period is less than two months, the employee must notify the company of his desire to resign.
Notification is sent in writing. The deadline is set by the legislator - three days before the termination of the relationship occurs. The grounds for termination of employment may be the lack of opportunity to continue working. For example, this happens when enrolling in university, retirement, etc. In the listed situations, the contract is terminated within the period reflected by the person in the application.
Read on topic: Early termination of a fixed-term employment contract
Dismissal on a holiday (fixed-term employment contract)
If the day of dismissal falls on a holiday, and the employee needs to be fired due to the expiration of a fixed-term employment contract, then the order can be issued either directly on a non-working day or holiday, or on the last working day preceding the holiday.
Please note that if you dismiss on a day off, you must make a full settlement with the employee at the same time. If the contract was terminated, for example, on Saturday, and the employee receives wages for days worked and other required payments only on Tuesday, then the employer must pay for the delay in wages. Based on Art. 236 of the Labor Code of the Russian Federation, compensation for each day of delay, starting from the next, is 1/150 of the Central Bank key rate on the unpaid amount.
The procedure for calculating the period for working off taking into account holidays
The two weeks that a specialist must work before terminating the contract will definitely include days that do not require the performance of work duties. They include non-working days and holidays, during which the bulk of the workforce is legally exempt from work.
See also: How to correctly count 2 weeks of work for dismissal
Non-working days in domestic legislation mean Saturday and Sunday (for a five-day work week), or only Sunday (for a six-day work week). Their number in a working year does not depend on the will of the parties to the labor relationship and is determined by the production calendar.
The composition of holidays is established by law, and their duration may vary. This is due to the possible postponement of holidays or weekends in order to optimize the work process. The duration of holidays is announced in advance in official acts of state bodies, which are subject to mandatory application.
To determine whether holidays are considered work upon dismissal, it is necessary to recall the procedure for calculating work periods. This calculation is carried out in calendar days, and the calculation procedure implies the inclusion of non-working days and holidays in the working hours.
Since the duration of holidays can be one or several days, they are all taken into account as part of the two-week working period. In practice, holidays may directly adjacent to non-working days, but even in this case, all of the above do not interrupt the flow of the working period.
After the expiration of 14 calendar days, including holidays, the employee is subject to dismissal, and the employment agreement with him is terminated. The most difficult situation for calculating working time, taking into account holidays, is during the New Year holidays.
Answers to frequently asked questions (to summarize)
If the dismissal date falls on a weekend, what day should you dismiss?
To accurately answer the question, it is important to understand whether the day of termination of the employment contract was a day off for the employee or not. If he worked on that day, then he should be fired on that day. If you didn’t work - according to Art. 14 of the Labor Code of the Russian Federation, he will need to be fired on the next working day, for example on Monday. However, this may disrupt the employee's plans. Perhaps on Monday he will have to go to work in another organization. Then both the employee himself and the personnel officer and accountant will have to go to work (we wrote about this above).
If the dismissal date falls on a weekend, when should the order be made?
The order, of course, can be prepared in advance, as soon as an application has been received from the employee and management has decided not to object to the termination of the contract. As for the date of the order, there is a controversial point. Experts suggest, by agreement with the employee, date the order on the last working day before the date of dismissal (and issue all documents on the same day). In the work book, the date will be a day off, and the date of the order will be the day before. However, there is a danger in this method: the employee may change his mind on the last (day off) day and complain to the Labor Inspectorate that he was deprived of this right. To avoid this, it is better to document the agreement with the employee to complete all formalities on the eve of the day of dismissal (this could be a personal statement from the employee with a request to issue documents and make payments on the agreed working day).
If the day of dismissal falls on a weekend, when should the amounts due upon termination of the contract be paid?
As in the situation described above, it is recommended that all payments be made on the eve of the employee’s last day of work - on the last working day.
In what cases does leaving work fall on a non-working day?
As soon as a citizen submits a resignation letter to the manager at his own request or in another form, the work period begins, which usually lasts 14 calendar days. When calculating, it often turns out that the last day of employment falls on a working day. According to Art. 14 of the Labor Code, under such conditions, the date of dismissal is postponed to the next working day.
In practice, employers use the following methods to solve the problem:
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- The process of terminating the employment contract is postponed to the next working day. For example, if the day falls on Sunday, then the final dismissal is formalized on Monday. Such actions are determined by the rules adopted by the provisions of Art. 14 TK.
- The contract is terminated before the weekend. For example, if the deadline falls on a Sunday, employers often decide to finally terminate the employment relationship with the employee on Friday.
- The process is performed on a weekend. Under such conditions, the employer has to call an accountant and a representative of the personnel service to the workplace so that they prepare the necessary documents and make the final payment to the dismissed specialist. At the same time, the work of these employees must be paid double, and specialists can also choose additional time off. An exception is the situation if company employees work on a shift schedule, so they work even on Sunday and Saturday. Therefore, there is no need to call any specialists from home.
Attention! A situation where a contract is terminated early is considered a violation of the employee’s rights, since the period during which a citizen can exercise his right to withdraw an application is unreasonably shortened.
Therefore, if such a situation arises, it is advisable for the employee and the employer to draw up a peace agreement containing the chosen method of solving the problem. Typically, this is done using a free form document that still has legal force, so it can be used during court hearings if a disagreement arises that requires litigation.
If a citizen is on sick leave or on vacation while working, then he is not actually working, but he retains his job until his final dismissal. Under such conditions, it is permissible to indicate Sunday or Saturday as the last day of work. The employee can come in a few days, writing a written statement, on the basis of which he is issued personal documents and the final payment is made.
Payments
Regardless of the date of termination of the employment relationship, the employer remains obligated to pay accruals due on the day of dismissal:
- Wages calculated in proportion to the time worked;
- Compensation for vacation days that were not used by the date of dismissal;
- Severance pay in cases established by law or internal regulations of the company. The specified payment is calculated based on average earnings;
- Other payments provided for by corporate agreements.
The main types of wages upon dismissal on a day off are compensation for unused vacation and wages for hours worked after the last scheduled payment.
For example, an employee of organization N with a salary of 25,000 rubles and an average daily earnings of 900 rubles wrote a letter of resignation. At the time of his application, he had unused vacation and work time left. Due to his illness, he cannot come, so he sent a letter of application by registered mail. He should be compensated for leave of a standard duration of 28 days and 9 working days. The payment will be 900*(28 9) =33300 rubles.
The same should be done with the work book and other work-related documents that the employer is obliged to provide to the employee - they must be given to the employee before going on vacation, i.e. on the last day of work. This conclusion also follows from the Ruling of the Constitutional Court of the Russian Federation dated January 25.
2007 N 131-О-О. In other words, in fact, the employment relationship with the employee ends from the moment the vacation begins. That is why, in accordance with Part 4 of Art. 127 of the Code, an employee who has been granted unused leave with subsequent dismissal on his own initiative does not have the right to withdraw his resignation letter after the start of the leave, even if this is only the first day of the leave.
What holidays are included in working off upon dismissal?
All holidays in Russia have their own duration. But the New Year holidays are accompanied by a fairly long period of time.
The total amount of rest is 11 days, which allows you to reschedule during non-working hours. A specific order is issued for the year, which specifies all periods.
And every employer must comply with the rules, regardless of legal form. Duplication of this provision is not required in internal documentation.
Termination of an employment relationship during this period of time implies several features:
- the application is submitted at the end of the year before the New Year holiday;
- The deadline for completion falls on one of the days of the holiday period
Regardless of the specific day on which the last day of revision falls, termination is possible only on the first day the workforce goes to work. This is regulated by Article 14 of the Labor Code of Russia.
A legal act is applied for each type of procedural period. That is, if the revision deadline falls on a working day, then the completion date is considered the day of release.
So this rule also applies to the New Year holidays. The following case can be cited as an example. The employee submits an application for termination of the employment relationship on December 20. The application is accepted from the 21st and the two-week period of work begins here.
The period ends on January 3, but this day falls on a weekend.
In fact, the performance of work duties ends with the first working day on the calendar. For example, January 10.
In fact, the work will be 21 days. And the company pays for all working hours on a general basis as wages. If a person does not want to delay the work period, then the employer and the other party can come to a mutual decision to terminate the employment relationship at the end of the year.
