What day to consider the day of dismissal of the employee. What is the last working day upon dismissal

Among the list of guarantees provided to all participants in labor relations, the notice period when applying for dismissal of their own free will is of great importance. Not every employee will immediately answer the question of how much work is done upon dismissal - 14 working days or calendar days, and after all, the mutual rights and obligations of the management and the employee depend on this.

Legal grounds for employment upon dismissal

In order to comply with the interests of both parties to the employment contract, the legislation establishes an important rule of dismissal at the initiative of the employee - a statement with the specified requirement must be handed over to the management no later than 14 days before the date of the intended departure from work. It is these 14 days that are recognized as the working time.

During this period, both parties can take actions and decisions that have significant consequences for further activities:

• the employee knows exactly the moment of termination of employment, therefore, can properly complete the current work;
• 14 days before the day of dismissal, the employee can resolve the issue of further employment;
• the management, having a reserve of time according to the Labor Code of the Russian Federation, has the opportunity to switch work processes to another specialist, as well as find a new qualified employee in the labor market.

As soon as a citizen wrote a letter of resignation, the general course of further actions does not depend on the administration of the enterprise, since it has no right to prevent the termination of employment. After 14 days, an administrative document (order) must be issued, which the employment agreement will be terminated, and the employee will receive a full calculation of the monetary remuneration.

From what moment is the countdown

How to count 2 weeks of working off for dismissal of your own free will, because a mistake even for one day can entail financial and other negative consequences for each side of the labor relationship? The legislation provides a clear answer to this question.

Art. 14 of the Labor Code of the Russian Federation is devoted to the procedure for determining and calculating all procedural terms arising in the course of labor activity. The accuracy of the calculation of such time periods determines the potential for a dispute between management and staff, which could lead to a lawsuit. Terms in labor law are calculated taking into account the following features:

• each legally significant period of time established in the Labor Code of the Russian Federation is subject to calculation in calendar terms;
• the course of any period related to the termination of employment legal relations begins on the next day after the commission of a legally significant action or decision;
• the calendar dates include both working days and weekends, holidays and other days on which labor activity is not carried out on a legal basis;
• the period of time in calendar terms is not subject to interruption or extension without additional mutual expression of the will of the parties.

Thus, in order to find out from what day the work begins upon dismissal, it is enough to know the date of the official presentation by the employee of an application for the future termination of work at the enterprise on his initiative.

Since this document is drawn up in writing, its receipt must be recorded by the administration of the enterprise in accordance with the general rules of office work. The next day after this event, the countdown of two weeks provided for working off begins.

This rule fully applies to cases when the employee does not have the obligation to work for 14 days (objective impossibility of continuing work, etc.). In this case, the day of writing the application also means that from the next day the employee is subject to dismissal if he indicates this date in his appeal.

At the enterprise, the responsibility for calculating the calendar period for the termination of labor relations is assigned to the officials of the personnel department. Upon receipt of the employee's appeal, they must make a note in the specialist's personal personnel file, from what date the employment contract is subject to termination.

If an employee for some reason has forgotten about the end of the working period, personnel specialists must independently prepare all documents for terminating the employment agreement and submit a dismissal order to the manager.

Thus, the first day of working is considered the next calendar date after the date of official delivery of the application. For example, the submission of such a document on March 17 means that 14 days for working off begins the next day, i.e. March 18.

In what days is the time for working off calculated?

Since the standard rule for calculating procedural terms indicates the need for calculation in calendar days, a similar condition will fully apply to the period of working off. Starting from the day following the moment of delivery of the application to the management, 14 days begin before the legal fact of termination of the employment agreement.

Article 14 of the Labor Code of the Russian Federation also provides for one more important rule related to the time of the end of the procedural term for working off.

If the last calendar day of two weeks' work falls on a non-working day, the legal fact of termination of employment will be the first next working day on it. Thus, this principle formally implies the possibility of extending the term of service by one or more days off.

There remains one more extremely important question - are the days off count as working hours upon dismissal? Calendar calculation of terms implies that the calculation includes absolutely all calendar dates of the week, month or year, including weekends and holidays. When submitting an application for termination of employment, it is not required to additionally indicate the calculation procedure, however, the establishment of the last day of work of an employee will directly depend on the status of the day on which the moment of dismissal falls.

If out of 14 days of work, most of the time is occupied by non-working days (such a situation is possible with long official holidays), the administration of the enterprise does not have the right to arbitrarily extend the period of work by adding such days. This fact must be taken into account when accepting an application from an employee and accordingly plan activities for the preparation of documents.

In practice, this rule looks like this.

Let's say an employee handed in an application for termination of employment on March 1. The flow of the calendar for working off begins from the next day, i.e. from March 2 and ends on March 15. However, March 15 falls on Saturday, which is a non-working day. Consequently, the last working day will be only March 17 - Monday, and the actual working day will not be 14, but 16 days.

The day of termination of the employment contract is the last day of work, except for cases when the employee did not actually work, but, in accordance with the law, he retained his position. So, in particular, the date of termination of the contract may fall on the day when the employee:

• is on sick leave;
• is on vacation (in particular, when an application for settlement of his own free will was submitted by him during the vacation period or before the vacation and at the time of the end of the warning period, the vacation has not yet ended, or the employee was granted vacation with subsequent dismissal on the basis of Art. 127 TC);
• absent from work for other reasons.

So, let's consider the possible options:

When the settlement falls on a working day

For personnel officers, this option is optimal and does not raise questions. But, when submitting an application of their own free will, employees often do not know whether the day of dismissal is considered a working day or not, and therefore, having written in the application “I ask you to dismiss on December 10,” they believe that on December 10, they may not go to work at all or appear only for in order to pick up the labor and say goodbye to the already former employees. Alas, since according to the law, the date of dismissal is considered the last working day, then it must be worked out. Therefore, when accepting a letter of resignation from an employee or signing an agreement, it is advisable to explain to him all the nuances of a future separation.

When the last day is a day off or a holiday

Two situations are possible here. According to Art. 14 Labor Code of the Russian Federation, if the last day of the term falls on a non-working day, then the closest working day following it is considered the end date. Therefore, if the date of termination of the contract coincides with weekends or holidays, the day of dismissal of the employee is the next working day. Moreover, the duration of the holidays does not matter. So, for example, if the warning period ends on a weekend 12/30/2017, then the employee will leave only after the end of the New Year holidays - 01/09/2018.

And if the employment contract is terminated with an employee who has a shift mode of working hours, then the day of the employee's dismissal is the date of his last work shift, including the one that falls on a non-working day of the administration. In any case, this is exactly the position that Rostrud adheres to (letter from the Federal Service for Labor and Employment dated 06/18/2012 No. 863-6-1). And here the employer already has problems - you need to bring a personnel officer and an accountant to work, pay them double pay, and they may not agree to work on their day off.

Such situations usually arise when an employee is dismissed on the initiative of an employee, since often, submitting an application two weeks in advance, a person simply does not pay attention to the fact that the warning period ends on a non-working day - for himself or for the administration. Therefore, it is worth paying attention to the personnel officer when accepting the application, and agreeing with the employee on the last working day upon dismissal, which suits both parties.

Can they be fired on sick leave, on vacation or during a business trip

It is impossible to dismiss an employee during a period of temporary disability or the next vacation only on the initiative of the employer. In all other cases, illness or vacation is not an obstacle to terminating an employment contract. It is also quite acceptable if the termination of the contract falls on the last day of the business trip. Acceptable, but not desirable, since the employee will not be able to receive the work book on time, and you will have to send him the appropriate notification by mail. And with the calculation, questions may arise.

Arbitrage practice

N. applied to the court with a claim for reinstatement at work, payment of wages for the time of the forced absence from work.

At the hearing it was established that N. had filed a letter of resignation of his own free will. Three days before the date of dismissal, N. went on sick leave and was ill for two weeks. The employer terminated the employment contract with the employee on the day indicated in his application. However, N. believes that he was fired illegally, since he was on sick leave at that time and changed his mind about leaving work.

The court dismissed N.'s claims, stating that the prohibition on terminating an employment contract during a period of temporary disability of an employee does not apply to cases of voluntary dismissal.

Responsibility for violations

According to Art. 84.1 of the Labor Code of the Russian Federation, on the day of dismissal, the employer is obliged to give the employee a work book and make payments with him. The law provides for the material liability of the employer:

• for a delay in the issuance of a work book - in the amount of the average earnings for the entire period of the delay;
• for late payment of the settlement - in the amount of not less than 1/150 of the key rate of the Central Bank in force at that time from the amounts not paid on time for each day of delay.

In addition, administrative liability has been established for violation of labor legislation. For a delay in issuing a work book or paying salaries, an organization can be fined up to 50,000 rubles.

Is the day of dismissal considered a working day or not? Will the employee receive a full payment on this date and which one? Consider the various situations of dismissal. How the working period is calculated

The date of termination of the employment contract is the last day of work.
It happens that an employee writes a letter of resignation while on vacation or on sick leave, then the date of termination of the contract coincides with a period of rest or illness. And special situations include absenteeism or death of a citizen.

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The day of dismissal is considered a working day or not? The Labor Code specifies which day is considered the last working day if an employee quits.

In what cases is the day of dismissal considered a worker, and in which not?

According to the rules of article 84.1 of the Labor Code of the Russian Federation, the employment contract terminates 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 for this period he retains his position.

Let's consider in more detail 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 come to the employer, and also work out the allotted time.

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

Employee quits on weekends or holidays

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

Example

For example, the dismissal must take place on 12/30/2019 (Saturday). Taking into account the New Year holidays, the order of dismissal is issued on 01/09/2019 (working day). The employee is obliged to work it out, since he will receive payment for this.

For workers with shift work, dismissal occurs on his 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 calculation and issue a work book. The employee works the last day on a shift schedule.

The employee leaves of their own accord

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 out for 14 days before the final settlement and dismissal take place.

The period of 14 days of work begins to count from the next day after the registration of the application with the employer. The last working day can be:

• on weekdays, then the employee is released on that day
• or on weekends, then the departure time is shifted forward.

Example

For example, if a citizen informed about his decision on 10/01/2019, an employee of the personnel department begins to count the due work from 10/02/2019. The final calculation will be made on 10/15/2019. If the documents are registered by the office on 05/29/2019, the two-week period will expire on 06/12/2019. (holiday). Therefore, you can leave work on 06/13/2019.

By agreement of the parties

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

Dismissal in case of liquidation of the company

Upon liquidation of the company, the employer is obliged to notify the staff about this two months in advance. The decision of the management is recorded by an order indicating a specific date. This will be the last day of work upon dismissal.

The employee was laid off

The reduction in the number of employees is notified two months in advance. An order is issued indicating the positions to be 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.

At the request of the citizen, this can be done earlier. You will need to write a letter of resignation before the end of the planned period.

Dismissal during or after sick leave

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

But the citizen himself has the right to apply for leaving while on sick leave. The moment of termination of the contract may coincide with the sick leave period. The employer is not entitled to change this date and must make the final payment of the employee. After recovery, the employee receives a work book and sick leave payment.

What if an employee died?

The death of a citizen is one of the grounds for terminating the contract. In order to properly draw up documents, you need to obtain a death certificate. A resignation order is then issued, indicating the date on which this certificate was provided.

How to properly fire on vacation?

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

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

Termination of the employment contract on the day of filing the application for resignation

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

The following circumstances may serve as the basis:

• the parties agreed on the date of departure;
• the employee has 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 every day by drawing up a special act. A written explanation of the reasons for his absence should be obtained from the employee.

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 absence is entered in the work book, which is the day of the end of work in the company.

Is it possible to change the date of dismissal?

As a general rule, the date of dismissal from office cannot be changed. It only shifts to account for holidays or weekends. The parties can agree on a specific date of dismissal only if they draw up the termination of the contract by agreement of the parties.

Thus, the date of dismissal is determined as follows: it always falls on a weekday. The exceptions are situations when an employee cannot go to work for valid reasons. The HR department should carefully check the date of dismissal on a working day or on a weekend in order to avoid violations of the law entailing fines and lawsuits.

Is it obligatory to work on the day of dismissal?

Since the last day of dismissal is considered a worker, the employee must work it out. Usually, at this time, cases are completed and transferred, a calculation and a work book are issued.

The employer has the right to release the citizen early if he has time to transfer all his affairs.

What is the employee obliged to do during the working period?

If an employee leaves of his own free will, he must perform his job duties for another two weeks. Working off begins the next day after the submission of documents to the employer. The work schedule does not change, the employee is entitled to days off. Also at this time he may get sick or go on vacation.

Without working off has the right to leave:

• pensioners;
• pregnant women;
• adoptive parents of minors under 14 years of age;
• persons admitted to an educational institution for a full-time department;
• employees subject to disciplinary action;
• workers moving to another region or abroad;
• citizens caring for a disabled person or a child under 14 years old.

So, the parties have the right to agree on dismissal without working off. In addition, there is a special category of persons who are not required to work. They have the right to leave the employer on demand.

Questions and Answers

When is the final settlement made?

Full settlement with the employee is done at the time of leaving work. He is given a work book, the requested documents, and also the salary for the hours worked is transferred. Additionally, compensation is provided for unused vacation.

In case of redundancy, the employee receives severance pay and payments for 2-3 months. In the absence of a citizen at the workplace, the calculation is issued the next day or at his first request.

What will happen if you violate the terms of calculation upon dismissal?

It happens that firms violate deadlines and do not make payments on the day of dismissal. In the case of absenteeism of an employee, the company does not fall under punishment, since there is no fault in the actions of the employer.

For violation of the terms of the final settlement, the organization will be punished in accordance with the administrative law. The amount of the fine is from 1,000 rubles. up to 50,000 rubles. Also, the employee has the right to file a civil claim for the collection of a forfeit. It is 1/150 of the refinancing rate of the Central Bank of the Russian Federation. For the 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 letter of resignation?

The letter of resignation is written in a free form. It is advisable to calculate the moment of termination of the contract in such a way that it coincides with everyday life. It is recommended to specifically spell out the date of dismissal without the preposition "c": "I ask you to dismiss at your own request on 01/25/2019."

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

It happens that the dismissal must be issued on a day off or a holiday. The employee may be against postponing 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. At the same time, the employee will no longer be able to withdraw the letter of resignation of his own free will, but he does not need to work out for 2 weeks.

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First, let's figure out how an employee should submit an application. The employee is obliged to submit a letter of resignation of his own free will, 2 weeks before the date he leaves the company. During this time, they will find a replacement for him. According to the law of the Labor Code of the Russian Federation, Art. 80 indicates that a specialist must submit a business letter exactly 14 days in advance. And I want to notice the day layoffs will definitely work. These weeks are not considered work off, as some people think. Simply, if you notify the employer on a certain date and it is at this time that you want to leave the organization, then this can be done only in rare cases.

The man filed an application asking for dismissal on April 15. This is the number of today's working day. The manager accepts the paper, agrees with the dismissed, and asks to work for the allotted time according to the law. He asks not because a specialist has to work or he just wants to, he just observes the law. Article 80 of the Labor Code of the Russian Federation obliges the employee to file an appeal 14 days before dismissal. People do not know the laws, therefore, they believe that the leadership specifically forces them to carry out detention. I would also like to note that the day of dismissal of an employee is a working day. It is necessary to indicate the date in the appeal without the preposition "C".

How can a person leave on that date when he needs it?

If a person needs an urgent dismissal, he must provide specific reasons for them to convince management. For example, you can indicate in the application that a person is leaving the city, you need to get a new position tomorrow. Reasons that really compel an employer to let go of a specialist. In this case, you need to warn your immediate boss about three days in advance.

Who is right?

If a person, having submitted an application to the management, expresses a desire to leave on the day of application, for no particular reason, he must be prepared that he will be denied. If the employer wrote a resolution that the employee needs to work for two weeks, then this is a mistake. The mistake is that he did not rephrase the law correctly. And the specialist did not write the application correctly. So both sides are wrong. The employee must submit a business letter, either three days before the dismissal, or two weeks. Three days in advance with good reason. The day of dismissal in the first and second cases will be a worker, we must remember this.

Example of a statement:

Indicate in the statement at the end of the text article 80 of the Labor Code of the Russian Federation.

If after reading this article you do not receive a definite answer, ask for quick help:

Contrary to the wishes of some employees and employers, it is very problematic to terminate an employment contract in one day. The only exception is the case of dismissal by agreement of the parties, in which it is possible to dismiss an employee even in one hour. The date of dismissal directly depends on the reason and on who is the initiator: a manager or an employee. In some cases, the process can drag on for 2 weeks: it is during this period that the resigning person is obliged to warn about his resignation. There are exceptions when both sides manage to reach a consensus and set a date in advance.

Another question that arouses increased interest is the day of dismissal: a working day or not? In most cases, the last working day is considered the date of dismissal, but if the termination of the contract occurs at the initiative of the employer, then it can be indicated in the corresponding order.

There are other circumstances that affect when the last working day upon dismissal will be considered officially: for example, when enrolling in a university or retiring, the employer must terminate the employment contract within the period specified in the application for resignation (Article 80 of the Labor Code RF).

Of your own free will

In this situation, the employee has two options: to agree in advance with the employer about the date of his departure, or to warn him and work for 2 weeks. In any case, the last working day, that is, the date specified in the application, will be considered the day of dismissal.

• Engineer Petrov V.V. filed a letter of resignation on July 1 without prior agreement with the manager - accordingly, his last working day will be the 15th of the same month, since the countdown starts only from the day following the date of drawing up the document.
• Accountant Agafonova A.O. agreed in advance with the director about her leaving of her own free will. The date of dismissal will be the day of submission of the application, and at this time the employee is at the workplace, and also receives all the necessary documents issued upon dismissal by the personnel department or manager.

To the question "whether it is necessary to work on the day of dismissal of one's own free will" in the labor legislation there is an unequivocal answer "yes", therefore, if an employee needs to receive a work book and other documents on a certain date, it is best to calculate and discuss everything in advance with the director.

By abbreviation

After making a decision to cut staff, the employer issues an appropriate order, then no later than 2 months before dismissal, he is obliged to notify employees of this by means of a written notice, which is handed to each of them against signature. The same document should indicate other positions to which they can, if desired, transfer.

With and without working off

According to Art. 80 of the Labor Code of the Russian Federation, an employee who leaves at his own request is obliged to notify his employer about this 2 weeks before the expected date of dismissal. At the discretion of the manager, the employment contract can be terminated both after completion and directly on the day of filing the application. It is worth noting that the calculation of the term begins on the next day after the warning, that is, if the employee filed an application on September 1, then the countdown will be made only from the 2nd day of this month, and the date of dismissal will be September 15.

There are times when an employee can quit without working off: for example, if he entered a university and is unable to continue working. This also includes retirement or health problems, and then the employer is obliged to terminate the employment contract within the time specified in the employee's application.

An employee can also quit without working off by concluding an agreement with the employer, in addition, this method of terminating an employment contract has a minimum of nuances and is more beneficial for both the employee and his employer:

• The employee has free time to go about his business or look for a new job.
• The manager can easily get rid of the negligent subordinate, besides, the agreement is invalidated only with the consent of both parties, which eliminates the likelihood of an unwanted employee returning to the organization.
• Compensation payments to the employee are made only at the request of the director, in other cases he must only transfer the salary and compensation for unused vacation. If a subordinate goes on vacation with subsequent dismissal, then he is entitled only to vacation pay.
• The agreement can be drawn up in any form, since it is not regulated by law.
• It is possible to dismiss an employee by agreement even when he is on vacation or on sick leave. In other cases, without agreement, the termination of the employment contract will be considered unlawful.

In liquidation and bankruptcy

If a special commission made a decision to liquidate the enterprise, then employees must be notified of the upcoming dismissal no later than 2 months in advance. When employed in seasonal work, this period is reduced to 1 week, and those with whom employment contracts have been concluded for a period of up to 2 months must be notified at least 3 calendar days in advance. In this case, the last working day will be considered the date of dismissal.

After the expiration of all terms, the manager issues orders to terminate the employment relationship, and he is obliged to familiarize each employee with them against signature. In the future, it is necessary to make an appropriate entry in the work book and pay on time all the compensations due to each employee upon dismissal in connection with the liquidation of the company. If this is not done, the dismissed employees can file a claim in arbitration, which will cause a lot of trouble for the former employer.

On sick leave before dismissal

Labor legislation under no circumstances allows the dismissal of an employee at the request of the manager while the former is on sick leave, because this is considered a violation of his rights and legal norms. Another thing is the termination of labor relations at the employee's own request: in this case, he can resign even if he has a certificate of incapacity for work. There are two options for the development of events:

• The employee writes a letter of resignation and goes on sick leave, but manages to recover before the date of termination of the employment relationship. In this case, the manager is obliged to dismiss him on the date specified in the application, and the subordinate works out the remaining days after leaving the hospital.
• The employee leaves for sick leave and leaves it 1 day before the date specified in the letter of resignation. In such a situation, the employer is obliged to pay the certificate of incapacity for work and dismiss the subordinate on the day indicated in the application he previously submitted.

On vacation followed by dismissal

If the termination of the employment relationship occurs not through the employee's fault, but at his request or by agreement of the parties, then he has the right to take a vacation with subsequent dismissal. The paperwork procedure is very simple: first, he submits to the employer an application for resignation, indicating in it the reason and date of termination of employment, and then - an application for an extraordinary vacation, indicating its period in calendar days and the date from which it is planned to go on vacation.

The employee did not return from the truancy

Systematic absenteeism is a good reason for the termination of employment at the initiative of the employer, however, before drawing up the order, he must establish that the subordinate does indeed miss work without a good reason. If it was revealed that the employee is absent, and the manager decided to fire him, then he signs the corresponding order, in which the working day that preceded the first day of absenteeism is indicated as the date of dismissal.

There is also a second option: the date of drawing up the order can be considered the day of dismissal, and logically such actions are more justified:

• An employer cannot dismiss a subordinate on his own initiative without finding out the reason for the absenteeism. If the absences from work are justified, then the subordinate is obliged to provide the appropriate documents: a medical certificate, a certificate-call to the session, etc. The question of punishment can be decided individually, since even when leaving the hospital, the subordinate is obliged to notify his employer about it.
• Upon dismissal on the last working day, it turns out that after that the employee did not have an employment relationship, which means that in fact he did not skip work. If desired, the dismissed person can safely challenge his dismissal in court, but legally the employer will still be right.

Date of application and dismissal

According to labor law, the last working day will be considered the date of termination of the employment contract. Do I need to work on the day of dismissal? Of course, it is necessary, because only from the next day the employee's labor duties cease. If the dismissal occurs on the initiative of the employer or it turns out to come to an agreement with him by concluding an agreement, then he can release his subordinate from work on the day of leaving.

Thus, the date of dismissal and the last working day are two inextricably linked concepts, because in fact the labor relationship ends on the day when the employee, in accordance with the order of the employer, must go to work for the last time, after which he takes the work book and other documents.

As for whether the day of dismissal is paid, everything is clear here: according to Art. 84.1 of the Labor Code of the Russian Federation, the last day of the employee's work should be considered the date of termination of the employment contract. Accordingly, payments for it are made in the same way as for the entire previous time.

Dismissal order

One of the main documents - a dismissal order - is drawn up on the basis of an application from the employee, or if there are reasons for which the initiative to terminate the employment relationship may come from the employer. The legislation has established a single unified form, and a sample can be used to fill out. The order must contain the following data:

• Name of the organization.
• Number and date of compilation.
• FULL NAME. dismissed, his position.
• Grounds (reasons) for terminating an employment contract (link to article of the Labor Code of the Russian Federation): conclusion of an agreement, statement of resignation of one's own free will, memorandum, etc.
• Manager's signature.
• Signature of acquaintance from the dismissed.

After drawing up the order, a corresponding entry is made in the employee's work book, and then the final payment is made.

Labor enrollment

Employees of the personnel department are usually engaged in filling out the work book, and the following data must be entered into it upon dismissal:

• Sequential number, day, month and year.
• Information about the reasons for dismissal with reference to an article in the Labor Code of the Russian Federation.
• The name of the document on the basis of which the termination of the employment contract is made (Order, its number and date of drawing up).

It is worth noting that these records must be entered on the day of dismissal of the Labor Code of the Russian Federation, and then they are certified by the signature and seal of the employee of the personnel department, after which he makes a copy of the work book and sends it to the archive, and also enters the information into the accounting book.

Knowing everything about the day of dismissal - how to count, how the work book is filled in, what date is the last working day - both the resigning person and the employer can easily carry out the termination procedure, which, if they do not know such nuances, raises a lot of questions and difficulties.