According to Article 77 of the Labor Code of the Russian Federation, the last working day upon dismissal is the day of the employee's dismissal. Given that the bosses should be notified of these changes two weeks before the deadline, the final date is calculated depending on when the letter of resignation was filed.
Last working day upon dismissal
Many employees, regardless of the place of work and the structure of the organization, cannot immediately determine which day is considered the last day upon dismissal.
In the event that such difficulties arise, the first step is to look at the Labor Code of the Russian Federation. And to find out from the administration of the organization if it agrees to the dismissal of its 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 calculation from his superiors. It is also possible to dismiss an employee before the end of the specified term of the notice of dismissal, but only with the consent of the employer and the employee himself. The employer and employee can also agree on a specific day of dismissal.
In some cases, the management must terminate the employment contract on the day indicated by the employee in the application. Such situations include the inability of the employee to continue their activities for one reason or another. For example, due to enrollment in a university or technical school for a full-time department, or due to relocation, or due to retirement, etc.
Nuances associated with dismissal
Article 84.1 of the Labor Code of the Russian Federation states that by terminating an employment contract, an 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 when the employee, despite the official preservation of his job, was not present there.
According to article 14 of the Labor Code of the Russian Federation, the official date of warning the authorities about dismissal is the next day after the application itself is submitted. 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 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 a vacation for an employee with further dismissal of him (the employee), the last working day will be the same as the last day of the vacation. Such a situation is possible only if the employee is dismissed at his own request, but not at the request of the employer.
It is important to remember that on the last working day, the management must provide the resigning person with all documents related to his work in this organization. And also, upon a written application from the employee, make the final settlement.
