Day of dismissal - the last working day?This question asked many citizens. Know the answer to it is necessary for everyone who plans to quit or change jobs. After all, labor relations are a separate article of legislation in Russia. She has her own peculiarities, violation and non-observance of which leads to illegal dismissal. An employer who is not distinguished by his good faith will have enormous problems with the law, even dismissing them from work. Therefore, it should be understood when a person is considered officially dismissed and not obliged to work out. What can be said about this feature in Russia?
Labor Code
The last day of dismissal is considered a working day? Much depends on the situation. What does the Labor Code say about this feature?
According to the rules, every person can be fired:
- on the initiative of the chief;
- by personal request;
- in connection with the reduction / liquidation of the enterprise;
- by joint arrangement.
Соответственно, вариантов развития событий some. In practice, the most common termination of employment at the request of the employee. On this occasion, we can only say that each subordinate is obliged to notify the head of his intentions in advance. More specifically, 14 days before the intended termination of the employment contract. In this situation, the day of dismissal - the last working day or not? Anyway, when does a citizen stop working officially for his employer? At what point in time can you not go to work out?
Legal grounds
На самом деле понять изучаемую особенность не так difficult. Especially if you carefully study the labor legislation of the Russian Federation. The date of dismissal is considered the last working day. This provision is spelled out in article 84.1 of the Labor Code of the Russian Federation.
What does this mean?Everything is simple - the day in which the order of dismissal comes into force, must be worked out by a subordinate. That is, the employee necessarily goes to work, works in accordance with the previously concluded contract, and then the order comes into force. In this case, the day that the person spent on work, must pay in full. This is a mandatory clause that must be respected by the employer. Accordingly, the last days of work are fully taken into account when calculating with subordinates.
Uniform rules - is there or not
However, the established rule is not alwaysworks. There are a number of exceptions regarding the termination of labor relations, as well as the last day of working out citizens. Therefore, it cannot be said that there is a unanimous opinion in the legislation of the Russian Federation regarding the issue being studied.
Ideally, the dismissal date is considered the lastworking day, which will be paid to the subordinate in full. But at the same time, the termination of relations can be an emergency or at the request of the employee, only with some features. About them a little later. Accordingly, all questions related to the last day of working out do not have an unambiguous exact answer. This is also stated in the Labor Code of Russia.
Emergency dismissal
What if you have to terminate the employment relationship with a subordinate? Most often, the emergency process is carried out at the request of the head. As an option - in connection with the liquidation of the company.
In this case, the head issues an order of dismissal. It specifies the exact date of termination of relations with a subordinate. But even so, the last day will be considered a worker.
It should be remembered that all time worked is paid by the employer. This is a normal and legitimate requirement. What else is important to know both the heads and employees?
Features of writing a statement
Day of dismissal - the last working day? Yes.But, as already mentioned, there are a number of cases in which it can be considered otherwise. Even with the termination of previously concluded labor relations this is possible.
Great attention is then paid to the writing of the application. The exact form of it is not installed. The main thing is that the citizen expressed a desire to leave work in writing and in advance.
What are the features lurking application for dismissal?It is recommended to register the last working day there. The exact date is indicated as follows: "Dismiss me on May 25, 2008." Then the specified date will be considered the last, when a citizen resides in a particular position. You can slightly change the record. For example, to: “Terminate the contract with me from May 25, 2008,” then the order to terminate the relationship will be issued on 05/26/2008. Accordingly, much depends on how the statement is written. There is nothing difficult or special to understand.
Not the last day
A lot of features have a dismissal "on their own." The last working day here is not always the day of termination of the previously concluded employment contract. This is normal.
The thing is that according to the law you can do withoutworking out, established in Russia, as well as without spending the last day at work as one or another employee. What is this about? How can you easily resign yourself and not get confused when the citizen has the last day of working off?
It is proposed or go to the hospital, or on vacation.For example, at your own expense. These periods do not provide for calling an employee to work. A citizen must write 2 applications - for going on vacation at will (for example, for 14 days), as well as for dismissal. In this case, you will have to work only up to the day of the holiday specified in the document. It follows that not always the day of dismissal is the last working day.
Of course, in this case, the calculation is carried out withtaking into account only the time that was worked before going on vacation or on sick leave. There is no other way. Require a subordinate to go to work is impossible in such situations. Just as an employee is not entitled to request money for vacation / sick leave at his own expense. In fact, a person leaves without even returning to work.
Here is such a difficult question.But from now on, it is clear in what situations and how the last working day is established in a particular company. Remembering all these features, you can not be afraid of deception. The last day of dismissal is considered a working day in most cases.
