What day is the last working day for dismissal?
The last working day on leave
Very many employees, regardless of the place of work and the structure of the organization, can not immediately determine which day is considered the last day of dismissal.
In the event that such difficulties arise, the first step is to look at the Labor Code of the Russian Federation. And find out from the administration of the organization 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 can stop working and demand from the bosses of the calculation. It is also possible for the employee to be dismissed and, until the end of this period, the notice of dismissal, but only with the consent of the employer and the employee himself. The employer and the employee can also come to an agreement on the specific day of dismissal.
In some cases, the authorities must terminate the employment contract on the day specified by the employee in the application. Such situations include the inability of the employee to continue his activities for some valid reasons. For example, because of enrolling in a university or technical school for full-time separation, or because of moving, or because of retirement, etc.,
Nuances related to dismissal
Article 84.1 of the Labor Code of the Russian Federation states that by terminating an employment contract, the employee ends his activity in the organization on the day of termination of the contract. This day will be his last worker in this company. The only exception is the case where the employee, despite the official retention of his workplace, was not present there.
According to Article 14 of the Labor Code of the Russian Federation, the official date of warning of the authorities about dismissal is the next day after the filing of the application itself. Accordingly, the countdown of two weeks begins precisely 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 on March 2.
It is also important to remember that if the last working day turns out to be a day off, then it is skipped, and the official last working day will be, for example, Monday after the weekend. Or the first working day after the holidays.
When applying for leave to a worker with further dismissal, the last working day will be the same as the last day of leave. This situation is possible only with the dismissal of the employee's own choice, but not at the request of the employer.
It is important to remember that on the last working day the authorities must provide the dismissed all the documents related to his work in this organization. And also on the written application of the employee to make a final calculation.