Dismissal on a weekend or holiday: is it possible, how to dismiss, on what date

Employees often wonder whether they can be fired on the last day of vacation or not. Most often, such doubts arise when you want to leave without fulfilling the warning period established by the Labor Code of the Russian Federation. Let us say from the outset that such a procedure is not prohibited by law. But you need to pay attention to certain points that distinguish it from other cases of dismissal.

Also see:

Is it possible to be fired on a day off?
Is it possible to fire someone on a holiday?

When can you leave the company on the last day of vacation?

Most often, dismissal is carried out on the last day of vacation in practice at the employee’s own request (Article 80 of the Labor Code of the Russian Federation), by agreement of the parties (Article 78 of the Labor Code of the Russian Federation) or by using leave provided for by law with subsequent termination of the employment relationship (Article 127 of the Labor Code of the Russian Federation).

A complete ban is established on termination of cooperation during the rest period on the initiative of the administration (Part 6 of Article 81 of the Labor Code of the Russian Federation). The only exception to this rule is the liquidation of the company.

IMPORTANT!
The answer to the question whether it is possible to dismiss an employee on the last day of vacation for other reasons not related to the initiative of the employer is positive. It is possible, but such situations are extremely rare.

An employee can write a statement or enter into an agreement to resign after the start of the vacation, or ask in advance to terminate the employment contract with him immediately after the end of the vacation.

In any case, when registering in all personnel documents, reference is made to one of the general grounds for dismissal listed in Art. 77 of the Labor Code of the Russian Federation without indicating the prior provision of rest time.

An employee who changes his mind about resigning after the end of his vacation still has the right to withdraw his application:

in the case of vacation followed by dismissal - before its start date;
in the case of writing an application for resignation of one's own free will during the vacation period - before the end of the notice period.

A worker works a shift

If an employment contract is terminated with an employee who has a shift work schedule, the date of termination of the employment contract is the date of the last working day, including those falling on a weekend or non-working holiday. This is stated in the Letter of Rostrud dated June 18, 2012 N 863-6-1.

In the event that the last working day of a resigning employee coincides with a day off for company administration employees, the Labor Code does not provide for the possibility of transferring the performance of their duties in accordance with Art. 84.1 of the Labor Code. That is, despite the HR officer and accountant’s day off, the employer is obliged to ensure that the procedure for dismissing the employee is followed. To do this, he has the right to involve employees of the personnel department and accounting department to work on a day off (Part 2 of Article 113 of the Labor Code of the Russian Federation). In this case, the employer is obliged to compensate them for work on a day off outside the established schedule: pay for the time they work on a day off at least double the amount or provide them with another day of rest (Parts 1 and 3 of Article 153 of the Labor Code of the Russian Federation).

Example 2. The company's accounting and human resources department work on a five-day work week with two days off - Saturday and Sunday, while other company employees work on a shift schedule.

The organizer of entertainment events N.K. Shalnykh submitted his resignation at his own request. Taking into account the two-week work period, the dismissal date fell on November 30, 2014 - Sunday. This is his last day of work.

Is it possible, with the consent of N.K. Shalnykh, to issue him a work book and make the final payment on November 28 - Friday, but with a dismissal date of November 30, 2014?

Solution. No, the employee must be fired on November 30, 2014.

The employee is given a five-day workday

If we are talking about the dismissal of an employee who has a regular, non-shift work schedule, then the provisions of Art. 14 of the Labor Code on the passage of time in labor relations.

The flow of time periods associated with the emergence of labor rights and obligations begins from the calendar date that determines the beginning of the occurrence of these rights and obligations (Part 1 of Article 14 of the Labor Code of the Russian Federation). Obviously, this date is the date the employee was hired, and the term itself is nothing more than the period of work in the organization.

In Part 4 of Art. 14 of the Labor Code establishes that if the last day of a term (period of work in an organization) falls on a non-working day, then the day of expiration of the term is considered to be the next working day following it.

It is also obvious here that the last day of the term is the day of dismissal.

Example 3. All company personnel work on a five-day work week with two days off (Saturday and Sunday). The employee exercised his right to terminate the employment contract and warned the employer about the upcoming dismissal no later than two weeks, namely a month in advance (Part 1 of Article 80 of the Labor Code of the Russian Federation).

Solution. The employee indicates a non-working holiday (November 4, 2014) as the date of dismissal in his application. In this case, the manager has the right to postpone the day of dismissal to the next working day - November 5.

How to file a resignation on the last day of vacation

The process of terminating employment on the last day of vacation does not have any significant differences from other dismissal situations.

Both when writing an application while on vacation, and in the case of filling out an application before the start of the vacation, the last day of vacation is the day of dismissal. However, the final working day in these cases falls on different dates:

if dismissed during vacation - coincides with the day of dismissal;
when granting leave followed by dismissal, this is the day preceding the start date of the rest period.

Accordingly, the moment of making payments to the employee and issuing the documents required to him also differs for each case:

for vacation followed dismissal - this must be done on the day preceding the start date of the vacation;
if you write an application while on vacation, this is the last day of vacation.

If an employee does not show up on the last day of work, he must be notified by registered mail with a notification of the need to come for a paper work book. If he has switched to electronic registration of information about his experience, he will be sent the STD-R form.

If the employee has a bank card, you can transfer the required amounts to him within the time limits specified above. If he was supposed to receive payment in cash at the cash desk, he should be additionally notified of the need to come for the money.

IMPORTANT!
A similar procedure is used not only for annual paid leave, but also for dismissal at the end of additional leave, as well as leave without pay.

Is it possible to quit on a day off?

experts in the field of Time off upon dismissal. Questions All Time off upon dismissal. No, only monetary compensation FOR UNUSED vacation If an employee quits without taking vacation.

The company employee submitted his resignation, but did not want to finish his vacation. Time off must be provided within two weeks by registering it with the HR department and upon your application, if you have not taken time off during this period, they are no longer officially available.

Do you mean “time off” the additional days of vacation you are entitled to for previously worked weekends and holidays?

I work as a manager.

Termination of the contract with employees who have privileges

The Labor Code of the Russian Federation describes situations when the employer must formalize the dismissal on the day the application was submitted. We are talking about those cases when an employee may not notify management in advance, for example, a person decided to retire or was drafted into the army. In Art. 14 of the Labor Code, it is said that when the date is indicated in the employee’s application and it is a weekend or holiday, then all papers can be completed on the next working day. In the event that there is no time left to wait, a special order from the manager is issued, according to which all workers who deal with the issuance of calculations and work books are involved in work.

Time off according to the Labor Code of the Russian Federation

In the Labor Code there is no such wording “work for 2 weeks.” When leaving at his own request, the employee must WARN the employer 2 weeks in advance and that says it all... If you want pain for two weeks, if you want to take 2 weeks off, etc.

The amount of compensation for unused vacation and severance pay is calculated based on average earnings in accordance with: - Art.

Usually, with normal relations with management, problems should not arise and time off is provided without problems. It is important to write the application correctly.

The issue can be resolved differently if the expected day of departure falls on a holiday. The holiday period can last several days, as a result of which work is delayed. This situation is usually resolved by agreement of the parties. The employee, with his consent, can be fired earlier, that is, on a working day before the holidays.

The algorithm for terminating a contract will differ depending on when the application for leave is submitted: while already on it, or in advance with subsequent dismissal.

If there is no documentary evidence, then everything will depend on the integrity of the manager. The employee will definitely not have to count on payment, but the employer may allow the employer to take the days off required by law.

In this case, there is no need for an order for time off: the subordinate’s absence from the workplace has already been documented. Example of an order: an order for time off In a number of individual situations, overtime is the direct responsibility of the worker.

To formalize dismissal on a day off, the following algorithm of actions is usually used:

A statement is written by the employee, which the employer must read;
An order is issued by the employer, which is read by the employee against signature;
A certificate from the accounting department is provided, in which the amount of compensation is calculated;
Payments and documents upon dismissal are directly received.

L. was declared illegal by the court because it did not comply with Art. Art. 78, 80 of the Labor Code of the Russian Federation (Appeal ruling of the Moscow Regional Court dated July 1, 2013 in case No. 33-12747/2013). The day of dismissal is a day off for the employer. We looked at cases where the day of dismissal coincides with a day off for the employee. But it is also possible that this day will be a working day for the employee, and a day off for the employer. This is possible, for example, when working shifts or working according to a schedule.

If he is in no hurry, then you can give him these days and then fire him. Article 2 of the Labor Code of the Russian Federation establishes the right of every employee to timely and full payment of fair wages. According to Art. 140 of the Labor Code of the Russian Federation, upon termination of an employment contract, payment of all amounts due to the employee from the employer is made on the day of the employee’s dismissal.

In any case, time off can be used only by agreement with the employer, in writing, otherwise it may result in absenteeism.

One contact to the employer indicating both requests is sufficient. The employer himself must issue two orders and properly fill out the work book of the dismissed person. Issues related to labor during weekends and holidays are regulated by Article 153 of the Labor Code of the Russian Federation.

How can an employee leave of his own free will while on vacation without pay?

While on leave without pay, an employee may come to the conclusion that he does not intend to continue working for this employer in the future. In this case, he must contact the head of the company with a written resignation.

As a general rule, dismissal at the initiative of an employee is preceded by a two-week warning period to the employer about the decision made.

This point must be taken into account when initiating termination of employment relations at one’s own request.

What documents are needed?

The main documents, in the presence of which it is possible to leave work if the employee was on vacation at his own expense and resigns, are:

order to provide vacation days at your own expense;
resignation letter signed by the employee.

If the person who wishes to resign does not belong to the category of employees to whom the employer is obliged to provide leave by virtue of Part 2 of Article 128 of the Labor Code of the Russian Federation, he may be required to provide documents confirming the presence of a valid reason , in the presence of which the employer must let him go on vacation.

An explanation of the reasons why the employee decided to terminate the employment relationship with the employer is not required.

How to write an application correctly?

There is no unified form of application for dismissal; therefore, the document is drawn up arbitrarily.

However, it must contain certain mandatory information:

the header of the document indicates the name of the organization, full name and position of its leader, as well as the initiator of the application;
in the middle of the document its name is written - a statement;
This is followed by the main text in which the employee sets out a request to dismiss him during the period of leave without pay, indicating the last day of work;
employee's signature and date of application.

An application requesting termination of an employment agreement can be drawn up while on vacation, and even before it begins. In this case, a statement is written in which the employee asks to be given days of rest at his own expense and to dismiss him at the end of such rest.

It should be borne in mind that if the parties to the legal relationship do not agree on the date of termination of the employment agreement, then the rule of a two-week warning period for the employer about dismissal comes into force. In this case, the 2 weeks preceding the termination of legal relations will be counted not from the date of signing the application, but from the moment it was received by the management of the enterprise.

The application should be drawn up in two copies, one of which should be handed to the manager, indicating the date of receipt and the signature of the person receiving it.

It is from this day that the period of two weeks begins, at the end of which the employer is obliged to issue a dismissal order.

When sending an application by mail (by registered mail, with a list of attachments and notification of delivery to the addressee), the period begins from the day the letter is delivered to the employer by a postal department employee.

Termination of contract due to absence of employee

Practice shows that sometimes you have to fire an employee who is on vacation or sick. The employee can notify the employee that he wants to leave his position by registered mail. The law states that an employee may not be present in person if he has proof that he is incapacitated. In fact, often an employee does not have the opportunity to work for two weeks after submitting an application. In this case, you should proceed like this:

It should be remembered that the calculation of days for working off begins from the very moment the application for dismissal was submitted.
The order can be made on the day indicated in the application.
Payment is made before the weekend.

This is also important to know:
Application for leave followed by dismissal

Free legal consultation We will answer your question in 5 minutes!

Free legal consultation

We will answer your question in 5 minutes!

Ask a Question

Call: 8 800 511-39-66

As soon as all the nuances are taken into account and completed, a copy of the order and a notification are sent to the employee’s address that the documents are all ready and can be collected. It is also taken into account that it takes a certain time for the notification to reach its addressee. It is best if the employee warns in advance about his intention to leave and chooses a suitable date for this.

Dismissal during vacation at the initiative of the employer

The Labor Code of the Russian Federation prohibits the dismissal of an employee at the initiative of the employer if the employee is on vacation. The exception is dismissal by written agreement of the parties or as a result of the liquidation of the company.

The ban on dismissal of an employee during vacation applies to all groups of citizens: those working under fixed-term and open-ended contracts. Maternity and educational leave are also zealously protected by law, and dismissal of employees on them is strictly prohibited. We have already written an article about the dismissal of a pregnant employee. If the term of a temporary employee’s contract expires during vacation, then he can be dismissed in the usual manner, and this will not come as a surprise to him, because the term was specified in the contract with the employer. In such a situation, he does not need to be called back from vacation; the date of dismissal will move to the last day of vacation.

Instructions

Article 84 of the Labor Code does not say that you can fire a person on a day off. The employee will be able to receive a book with all entries. There are, of course, cases where an employer does not have the right to change the employee's expulsion date. It should also be taken into account that an employee who is not dismissed on time and continues to perform his duties automatically continues his employment relationship. In this case, the dismissal will need to be repeated again. If an employee does not show up for work on a day off, which is also considered the day of his dismissal, the organization’s administration must act as follows:

First of all, an application for termination of the contract is drawn up. It is important to clearly state all the grounds for dismissal.
Next, an order must be drawn up, which contains all the information about the employee, the reason why he should be excluded from the staff and the date. The employee must familiarize himself with such an order with his personal signature.
The next step is to fill out a work book. All statements for payments are being prepared.
The final stage will be the settlement of the employee.

Of course, when leaving on a day off, there are certain nuances, for example, they may be associated with hiring a new employee. If the employee who previously held the position was not fired and was not given a work book, then the new employee who took his place will not be able to officially work in this position for now.

Addition

If the day of dismissal falls on a weekend, when will the payment be made?

This is also important to know:
The procedure for dismissal at will: the rights and obligations of the employee and the employer, registration in the employment record

All amounts can be paid on the eve of the employee’s last day of work or on his last day.

What to do when the last day of work falls on the New Year holidays?

This situation is not considered uncommon. According to all the rules, an employee must notify his manager in writing that he wants to end his employment relationship; this is done two weeks in advance. During this period, the employee can change his mind and withdraw his application, while his place will be retained. The employer will also be able to use these two weeks to find a new employee. Some employees deliberately choose the time that falls on holidays or winter breaks, since according to the law, it is not at all necessary to work this period.

There are exceptions when both parties agreed to sever the relationship in advance, without waiting for the expiration of the term.