As practice shows, the employer or employee does not always realize which day should be considered the last working day upon dismissal. In order to avoid possible disputes in court, it is necessary to follow certain procedures during the period of employee dismissal.
Instructions
Step 1
After reading article 140 of the Labor Code of the Russian Federation, one can understand that the last working day of an employee of the enterprise must be considered the day of dismissal. But in life there are various nuances, for example, a shift work schedule has been introduced in production. The day of dismissal of an employee who wants to leave may fall on a day off. In this case, on what day should you draw up a dismissal order, make a calculation, issue a work book to a person? In this regard, the Federal Service for Labor and Employment (Rostrud) gives an explanation.
Step 2
If the day of dismissal falls on a weekend, in this case it is necessary to involve an employee of the accounting department and the personnel department to work on a weekend, or a working holiday. For this, their written consent must be obtained. Moreover, employees who agree to work on their own day off must receive double the accruals for that day of work.
Step 3
In order to make a calculation and issue a work book, the company's employees will need no more than one hour. It is unprofitable for the employer to invite them to work, because pay should be double, and the journey to and from work will certainly take longer than the process of dismissal. Employees of the accounting department, the personnel department may not agree to go out on their day off. Do not forget that the elected organization of the trade union must agree to such a withdrawal of employees, this is mentioned in article 113 of the Labor Code of the Russian Federation.
Step 4
This means that without the consent of the accountant and the personnel officer, the trade union organization, it will not work to dismiss the employee according to the law. In this case, it is quite reasonable to make a full settlement on the first working day, after the weekend. It should be remembered that for a delay in the payment of wages, compensation will have to be made, this is spelled out in article 236 of the Labor Code of the Russian Federation. The compensation is likely to be much less if you pay two employees on a day off.
Step 5
Perhaps the employee who must quit will not agree to receive payment after the weekend. He can argue that on Monday he is expected at a new place of work. For such a case, there is a way out, in article 65 of the Labor Code the last paragraph is spelled out, which allows you to hire workers without a work book.
Step 6
This termination procedure does not apply to the case when the employee does not work on weekends. On the day of receipt of the calculation, work book, other documents, at the written request of the employee, i.e. the day of dismissal will be the first day following the weekend.
