Day of dismissal fell on a day off: the actions of the employer

Dismissal is a process that every employer and subordinate must know about. Sooner or later many people come across him. This procedure is accompanied by a large number of features and nuances. Only if the behavior of the chief and the former employee is correct, can the termination of employment be considered a legitimate act. Sometimes there are times when the day of dismissal fell on a day off. Or at the time of the employee's vacation. How to be in this case? What should the employer do in order not to violate the established labor legislation? Having dealt with all this, you can avoid a huge number of problems in the future.

Methods of dismissal

To begin with, it is worth paying attention to the fact that there are several situations with dismissal. Termination of labor relations is made:

• By reducing staff;
• At liquidation of the enterprise;
• During the release of a subordinate;
• In the day off;
• On the initiative of the authorities;
• Upon the expiry of the employment contract;
• At the personal desire of a citizen.

In practice, the latest version of the development of events is increasingly encountered. Regardless of the circumstances, it may happen that the day of dismissal fell on a day off. What should a citizen know in this case?

Working off

Before terminating all labor relations, each subordinate must work out a certain period of time. For today it is 2 weeks. Only after this, an order is issued for dismissal.

Nevertheless, the employer must understand that in Russia there are some loopholes in the legislation. With their help, a subordinate has the right to not fulfill the due time on legal grounds. And it is in this situation, often the day of dismissal falls on a day off.

Do not need to work out if:

• The citizen took leave at his own expense and at the time of the dissolution of the employment relationship he rests;
• When a person is on sick leave;
• If the holiday is paid.

Therefore, it is forbidden to force a subordinate to work. This is an illegal act. What if the person asked to quit on the day off?

Acting by Law

Such a topic raises controversy and questions for chiefs and accountants. In general, the procedure for terminating relations with this or that frame can be described as follows:

1. A citizen writes a letter of resignation and gives it to the employer. Then follows the test in 14 days. Either leave / sick leave.
2. The head constitutes an act, which indicates the desire of the subordinate to refuse employment.
3. An order is made for dismissal. The document is given to the person being dismissed for review. A separate act is drawn up about this. If the citizen refuses to study the paper, you will have to indicate this.
4. After the completion of the work, the citizen is given materials from his personal file, a work record card and other documents (they will be described later). The employee signs in special magazines that he received the necessary documentation. In case of refusals of the subordinate to appear to the chief, an act is drawn up, in which the situation is prescribed.
5. The dismissed in the accounting department is given a calculation.

This completes the whole procedure. It would seem that nothing special or difficult in it. But what if the day of dismissal fell on a day off? What will the employer have to do?

What is special about the procedure

To begin with, it is clear that such a dissolution of relationships has its own characteristics. Not critical, but everyone should know about them. They are related to documents and calculations.

According to the established labor legislation, in Russia the last working day and day of dismissal coincide. It is during this period that a certain list of securities is issued to a citizen and accounts are made in accounting. The order on dismissal comes into legal force.

If the actions occur on the day off (official or employee), many problems arise. In particular, with the calculation and issuance of certain securities.

The facts about the main

There are several facts that can clarify the situation. What is it about?

First, if the day of dismissal fell on a day off, you can leave everything as is. And to date all the documentation with the previous date. In the Labor Code there is no indication that a citizen can not be dismissed on weekends.

Secondly, some employees may be involved in the process of termination of relations with the employer. In particular, we are talking about accounting. To force them to go to work because of one frame in the official day off.

Thirdly, the date of dismissal can not be postponed to the first working day. This is due to the fact that in this case there will be an extra day after working off.

All listed features must be taken into account to each employer. You can transfer the process of termination of relations on the first working day, but the employee has the right to express his disagreement. For example, complain about the employer. Then the procedure for the dissolution of the relationship will be deemed illegal.

On the LC RF

With the usual dismissal, you can easily refer to the Labor Code of the Russian Federation. It clearly says that the first working period after the weekend is considered the day of termination of previously concluded relations between the employer and the employee. But taking into account the facts listed above, difficulties arise.

Day of dismissal falls on a day off on schedule? Or just on the conventional legal rest? In such a situation, it is recommended that the last working day in the dismissal order be the one that was actually worked by the citizen. Accordingly, all actions are conducted with this date. Reception saves employers from many problems.

Underwater rocks

Nevertheless, from the various pitfalls, the above algorithm of actions will save. Why? All the fault of labor legislation, which is currently in force in Russia.

If the day of dismissal fell on a day off, and the chief decided to use the previously proposed reception with the execution of the order and documentation for an earlier date, the subordinate has the full right to file a complaint with the labor inspectorate. The thing is that according to the law, during the working off, the staff may change their mind and take the application for the termination of the employment relationship.

It follows that when a relevant order is issued a day earlier, the legitimate human right is violated. If a new employee is already selected for a vacant place, it is necessary to conclude an employment contract with him in advance.

Under a fixed-term employment contract

Sometimes there are situations in which a fixed-term employment contract is signed with the subordinates. Often it is these cases that bring a lot of problems to the bosses. After all, in them the date of dismissal falls on the day off most often.

How to act to the employer not to run into trouble? There are 3 theories about this issue. Among them are:

• To formalize the dissolution of relations in the last actually worked day;
• Terminate the contract after the holiday / weekend;
• Formalize the process on the day of termination of the contract with the involvement of all necessary employees to work, if they also have a day off.

Experts advise to act on the second proposed scheme. It is this variant of the development of events that is most often encountered.

Delivery of documents

The rest of the process is no different from the previously mentioned algorithm. Day of dismissal falls on a day off? A removable schedule or any other is not so important. The main thing is that now every employer knows which schemes are offered to act.

When the employment relationship is terminated, it is absolutely necessary to give the employee a certain list of documents. It:

• employment history;
• A copy of the termination order (upon request);
• Any information from the personal file of the subordinate (if he asks for them);
• Payment slip;
• Certificate of income in the form of 2-NDFL.

All listed papers are issued without fail to the staff. For them, the employee signs in special magazines. Also in accounting on the settlement sheet the put monetary funds are given out.

Many people think about how to act in the situation under study. If the day of dismissal falls on a day off, when to issue a work book? Everything depends on the decision of the head regarding the execution of the dismissal order.

As practice shows, the document can be given any day. Therefore, the dismissed employee has the right to come to the relevant documentation in the first working day. This is the situation most often encountered.

In some cases, the work book is given in advance. But this is not the best practice. It is advisable to negotiate with the employee the nuances of issuing all listed documents.

Conclusions and conclusions

Now it is clear how to act if the day of dismissal falls on a day off. TC RF provides a huge variety of features regarding this topic. But with the right actions, the procedure under examination does not cause trouble.

It is recommended that all features be discussed with the frame. Then you can issue an order for dismissal and issue documents even a day later. In other words, on the first working day after the weekend. But such manipulations are carried out at the fear and risk of superiors.

As already mentioned, if the day of dismissal falls on a day off, the order is drawn up with the date of the actually worked shift. In fact, it is better to try to agree and "adjust" the dissolution of labor relations during working hours.

For the employee it does not matter when the date of dismissal comes - it falls on a working day or not. After all, the cadres do not need to take care of the documentation. If the employer breaks the established rules, you can simply complain about it. Often it is on the side of the subordinate is the law. Day of dismissal falls on the day off after the holiday? More such a situation will not cause problems.