Which day should be considered the last working day for dismissal
Last working day at dismissal
Many workers, regardless of their place of work and the structure of the organization, cannot immediately determine which day is considered to be the last day of their dismissal.
In the event that such difficulties arise, the Labor Code of the Russian Federation should be seen first. And find out from the organization's administration whether she agrees to the dismissal of her employee.
Article 80 of the Labor Code of the Russian Federation says that an employee has the right to terminate an employment contract by notifying his employer in writing at least two weeks in advance. At the end of this period, the employee may cease work and demand payment from the administration. It is also possible to dismiss an employee until the end of the specified period of notice of dismissal, but only with the consent of the employer and the employee himself. The employer and the employee can also agree on a specific day of dismissal.
In some cases, the authorities must terminate the employment contract on the date specified by the employee in a statement. Such situations include the inability of an employee to continue their activities for one reason or another valid reason. For example, because of enrollment in a university or college at the full-time department, or because of a move, or because of retirement, etc.
The nuances associated with the dismissal
Article 84.1 of the Labor Code of the Russian Federation states that by terminating an employment contract, an employee finishes his activities in the organization on the day of termination of the contract. This day will be his last working in this company. The only exception is the case when the employee, despite the formal preservation of his workplace, was not present there.
According to Article 14 of the Labor Code of the Russian Federation, the official date for the warning of dismissal of superiors is the day after the filing of the application itself. Accordingly, the countdown of two weeks begins from this day.
That is, if the application was submitted to the head for consideration on March 1, then the countdown of two weeks will begin from March 2.
It is also important to remember that if the last working day is a day off, then it is skipped, and the official last working day will be, for example, Monday after the weekend. Or the first business day after the holidays.
When applying for employee leave with his further (employee) dismissal, the last working day will be the same as the last day of leave. Such a situation is possible only with the dismissal of an employee at his own request, but not at the request of the employer.
It is important to remember that on the last working day, the authorities must provide the resigning officer with all the documents related to his work in this organization. And also on the written application of the employee to make the final payment.