The last day of work of an employee is usually considered the day of termination of the employment contract concluded with him for any reason. Labor law provides for some cases in which the indicated days do not coincide.
Instructions
Step 1
As a general rule, the last working day of any employee is the day of termination of the employment contract concluded with the employer. It is on this day that the organization has the obligations provided for by labor legislation for the final settlement, issuance of work-related documents. In addition, after the end of the last working day, the vacant position is considered vacant, and another person may be hired for it.
Step 2
If an employee took a vacation with the subsequent termination of the employment contract, then his last working day is the day after which the rest begins. But the specified day does not coincide with the termination of the employment contract, since this employee is considered to be in an employment relationship with the company until the end of the vacation. From the moment such a vacation begins, the employer can accept another employee for the position, since the employee who has retired with further dismissal cannot change his decision (for example, withdraw the letter of resignation at will).
Step 3
The last working day of the employee does not coincide with the day of termination of the employment agreement also in other situations in which the employee actually does not fulfill his duties in the period of work remaining before dismissal. But at the same time, this employee retains earnings, he is considered to be in an employment relationship.
Step 4
When the parties perform a fixed-term employment contract, the final day of work will be the date specified in the said agreement. On the named date, the organization formalizes the termination of labor relations on a special basis provided for by the Labor Code of the Russian Federation.
Step 5
In case of termination of an employment contract on the initiative of the company, as well as when an employee commits certain culpable acts (for example, absenteeism followed by failure to appear at work), the last working day is also the date of the employee's last appearance at the workplace. Termination of labor relations by the employer can be formalized after a certain period of time.
Step 6
The employee and the organization can determine the last working day in the agreement of the parties upon termination of the employment contract on this basis. In this case, the employee is obliged to perform his labor function before the date specified in the agreement, and the company is obliged to fulfill all the obligations imposed on the employer on that day.
