How to dismiss an employee with a shift schedule
Having read Article 140 of the Labor Code of the Russian Federation, it can be understood that the day of dismissal must be considered the last day of the employee of the enterprise. But in life there are various nuances, for example, a shift work schedule is introduced at the production. Day of dismissal, wishing to leave the employee, may fall on a day off. In this case, on what day should the order be made to dismiss, to make a calculation, to issue a work book to a person? In this regard, the Federal Service for Labor and Employment (Rostrud) gives an explanation.
If the day of dismissal falls on the day off, in this case it is necessary to involve the accountant and the personnel department in work on the day off, or a working holiday. To do this, you must obtain their written consent. Moreover, employees who agreed on a working day on their own day off should receive a double charge for this day of work.
In order to make a calculation and issue a work book, the employees of the enterprise will need no more than one hour. It is not profitable to employ them for work; payment must be double, and the road to work and work will probably take longer than the process of dismissal. Employees of the accounting department, personnel department may not agree to an exit on their day off. Do not forget that the elected organization of the trade union must give consent to such withdrawal of employees, this is mentioned in Article 113 of the Labor Code of the Russian Federation.
So, without the consent of the accountant and the personnel officer, the trade union organization, it is impossible to dismiss the employee according to the law. In this case, it is perfectly justified to make a full calculation on the first working day, after the weekend. At the same time, it must be remembered that compensation payments will have to be made for the delay in paying wages, this is stipulated in Article 236 of the Labor Code of the Russian Federation. The amount of compensation is likely to be much less if you pay two employees on a day off.
Perhaps an employee who must resign will not agree to receive a settlement after the weekend. He can argue this by saying that he is expected on a new job on Monday. For such a case, there is a way out, article 65 of the Labor Code prescribes the last paragraph, which allows to accept workers without a work record.
This dismissal procedure does not apply to the case where an employee does not work on weekends. By the day of receipt of the calculation, labor book, other documents, at the written request of the employee, i.e. the day of dismissal will be the first day following the weekend.