How dismissal occurs on a day off: detailed description

Normative base

To understand where work on a day off can come from, you need to refer to the procedure for calculating wages and find out how to make a dismissal on a day off and when to pay the salary.
The legislator allows enterprises to choose a payment system, for example, if production conditions require assigning shifts or working on weekends or holidays. The payment for such an organization of labor is quite equivalent - an employee who has written an application for termination of employment relations can count on the final payment under Article 140 on a non-working day.

The Labor Code states that the last day of work is the day of dismissal. On this date, the citizen still formally performs his duties and fills out a bypass sheet. There is no clear reference in the law as to which day may be selected for final settlement. Therefore, the opinion that it is impossible to fire someone on a day off is hasty and even erroneous.

Step-by-step registration instructions

The content of part three of Article 84 of the Labor Code does not contain a clear requirement regarding when employees should be counted - on a working or non-working day. It turns out that a day off is quite suitable for dismissal and issuance of a book with records of the place of work. There are cases when the employer is prohibited from changing the date of exclusion of an employee from the lists of the enterprise. For example, when a legal entity is on the threshold of organizational and staffing measures. If you do not dismiss the employee within the period established by the decision of the general meeting of shareholders and duplicated in the notice, the employment relationship is considered to continue. In this case, the dismissal procedure must be repeated again.

If a company employee does not come to work on his day off and he must be fired, the administration will have to follow the following action sequence:

• An application for termination of the employment contract is drawn up. Particular attention is paid to clarifying the grounds for dismissal on a day off, the visa of the head of the unit;
• An order is issued, the text of which indicates the personal data of the employee, the basis for exclusion from the staff and the date. The employee familiarizes himself with the administration's order against signature;
• The work book is filled out, pay slips are prepared for payment;
• Payment and dismissal on Sunday when to pay.

This is also important to know:
Dismissal of a pregnant woman under a fixed-term employment contract: important nuances

Among the nuances when dismissing on a day off is the employment of a new citizen. If the former employee is not expelled, an order is not issued, or changes are not made to the work book, the position cannot be held. This must be done if there is no agreement with the employee to postpone the dismissal procedure to a working day for the administration.

At your own request

According to Article 80 of the Labor Code of the Russian Federation, when leaving - dismissal on a day off at his own request, the employee must notify the employer 14 days in advance.
The end of the working period may fall on a weekend or holiday. To avoid conflict situations, it is recommended to agree with the employee so that he draws up a new application indicating the date of departure on a working day.

If he does not agree to postpone the moment of termination of the agreement, the order is issued the next day after the rest. There may be a problem when an employee has to go to a new place on Monday, so a compromise will need to be sought.

It happens that an employee’s dismissal occurs during holidays that last for several days in a row. If you act according to the rules of Article 14 of the Labor Code of the Russian Federation, this will delay the preparation of documents. It is possible to issue an order in advance with a dismissal date on holidays.

Example 1. 04/28/2018 I.N. Lyutikova submitted her resignation of her own free will, without entering the date of termination of the contract. The end of the two-week working period was on Saturday – 05/12/2018. She refused to reschedule her departure date. Since she needed to go to a new place from May 14, 2018, in agreement with the management, she was fired on May 11, 2018. The order indicated 05/12/2018 as the date of termination of the agreement.

However, the employee retains the right to withdraw the application within a 2-week period. In this case, the order will need to be canceled and adjustments made to the work book, since the employee retains the right to a workplace.

You should know! If the dismissal is formalized in advance, the employee must be fully paid off before the weekend. Otherwise, the employer will be held liable for the delay in issuing wages and work books.

At the initiative of the employer

The reasons for dismissal at the initiative of the employer are listed in Article 81 of the Labor Code of the Russian Federation. It is important that the contract termination procedure is followed and supporting documents are prepared (for example, an internal investigation report, a notice of warning to employees about staff reduction).

In case of staff reduction or liquidation

If you plan to dismiss an employee due to staff reduction or liquidation of the company, you need to warn him about this two months or earlier. In the case where the two-month period expires on a weekend, with a 5-day work week, the order is signed on Friday. The document will include a later date for the employee’s dismissal, falling on Saturday or Sunday.

This is also important to know:
Withdrawal of a resignation letter at your own request: step-by-step instructions, sample order for withdrawal

Example 2. 07/31/2018 I.E. Ustinova received notice of dismissal due to staff reduction. The two-month warning period expired on Saturday 30.09.2018. The order was prepared on Friday - September 28, 2018, and September 30, 2018 was indicated as the date of termination of the contract.

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For a disciplinary offense

For such grounds as dismissal for disciplinary misconduct, the obligation to notify the employee is not established.
Therefore, the employer has the right to choose the next working day. If he took care of evidence of misconduct, the dismissal of the employee from his position will be lawful. Example 3. E.A. Petrov systematically violated labor discipline. The immediate manager submitted three reports on absenteeism to the director of the LLC company in the period from 09.10.2018 to 09.12.2018 with an attached report drawn up by a commission of three people. On September 13, 2018, the employee was given a written notice with a request to provide an explanation for the facts of absenteeism within two days. On Friday, September 14, 2018, by the end of the working day, E.A. Petrov provided written explanations. He did not come to work because he was intoxicated. On Tuesday, September 18, 2018, the employer terminated the contract with him on the basis of Article 81 of the Labor Code of the Russian Federation.

Dismissal on a weekend or holiday by agreement of the parties

When the parties agree, the same rule applies as when dismissing at will: the date specified in the agreement is of key importance. But the working period does not apply in this case.

The date of dismissal by agreement of the parties is determined by the employee and the employer by agreement.

In practice, it is easier for the person being dismissed and the employer to agree that the date of dismissal falls on a working day. The law does not limit them in this way.

During the 2008 crisis, my employer was forced to urgently lay off two thirds of its employees. He suggested that those being dismissed leave by agreement of the parties. Since the difficult financial situation in the company was not a closely guarded secret, and the director had a good relationship with the owner, and we also knew that he took out a loan secured by the apartment to pay us, everyone agreed. The calculation and work books were given to us immediately after signing the agreement, on the same day.

On vacation and sick leave

If a citizen is on vacation or undergoing treatment, this situation applies to cases when he does not work, but his position is retained. Therefore, it is allowed to set a day off as the date of dismissal.

Important! The contract can be terminated without his presence only if he has written a letter of resignation of his own free will. In a situation where the dismissal is initiated by the employer, you will need to wait until the employee returns to work.

Special occasions include leave with aftercare. According to Article 127 of the Labor Code of the Russian Federation, the final day of rest will be recognized as the date of departure, even if it falls on rest. The final payment is made to the employee before the vacation. At the same moment he is given a work book. After going on vacation, it will not be possible to withdraw the application, since the employee’s job is not retained.

This is also important to know:
Wages were not paid upon dismissal: where to file a complaint

Example 5. 04/28/2018 A.N. Kazantsev wrote a letter of resignation of her own free will, without indicating the date of termination of the contract. The end of the 2-week work period was on Saturday – 05/12/2018. On 05/07/2018 he went on sick leave until 05/18/2018. The employee did not withdraw the application. The order was prepared on May 11, 2018. The contract termination date was 05/12/2018. After completing the treatment, the employee brought the sick leave certificate to the employer. They made a calculation for him, gave him a work book, paid sick leave.

Due to the expiration of the employment contract

If a fixed-term employment contract has been signed with an employee, then the date of its termination may fall on vacation. In practice, two options for dismissal on this basis are used.

You can place an order on the next working date before your vacation. In this case, the employee should be notified about the expiration of the contract three days before dismissal. The order is signed on Friday; Saturday or Sunday is indicated as the date of release from office.

Most experts are of the opinion that an employee should be fired on the first day after rest.

Example 4. N.N. On June 29, 2018, Stepanova entered into a temporary employment contract with the LLC company for three months. It was supposed to expire on Saturday, September 29, 2018. The employer warned him about the expiration of the contract on September 25, 2018. Since the end date fell on a weekend, the order was signed on October 1, 2018.

Dismissal of employees working on schedule

For some professions, a shift schedule is established. There may be situations when a day off coincides with a working day, and for the employer it is a day off.

Rostrud, in Letter No. 863-6-1 dated June 18, 2012, explained that the final working day is recognized as the date of termination of the contract, regardless of whether it coincides with rest. The dates for signing the order and dismissal will be identical.

To fill out the documents, it is recommended to involve a personnel employee to work on days off with his written consent.

Example 6. S.T. Barashkova works in a medical institution on a shift schedule. On April 28, 2018, she wrote a letter of resignation of her own free will. The two-week work period ended on Saturday, May 12, 2018, which is a working day according to the shift schedule. She refused to postpone the moment of leaving. The employer hired a human resources specialist and a financial accountant to work on Saturday with their written consent. S.T. Barashkov was paid off and given a work book. The order was signed on May 12, 2018.

Termination of a contract in the absence of an employee

In practice, it happens that an employee who is on vacation or sick has to be fired. He has the right to notify him of his desire to stop working by registered mail. By law, presence at the time of dismissal is not required if there is proof of incapacity for work. In practice, situations where an employee does not go to work for a good reason within the two-week period established for work are not uncommon.

What to consider in this case:

• the counting of working days begins from the next date after receipt of the application;
• the order must be made on the day specified in the application;
• Payment must be made before the weekend.

This is also important to know:
How dismissal occurs during the probationary period

Upon completion of registration, a copy of the order and a notification that the documents have been prepared and can be picked up are sent to the employee’s address.

It must be taken into account that correspondence takes time to reach the addressee. Therefore, it is better for the employee to warn about his intention before going on vacation and agree on a date.

Dismissal on a weekend or holiday when they are postponed

The transfer of working days to weekends is often practiced on the eve of public holidays: February 23, March 8, May 1 and 9, June 12 and November 4. The point of such postponements is to give Russians a longer rest on the holiday itself. For example, if March 8 falls on Thursday, the working day may be moved to the previous Saturday. If the date of a public holiday falls on a weekend, the Monday following it is usually considered a holiday.

In case of dismissal on such dates, the rule is simple. The day off to which the authorities have postponed the working day is considered a working day; the worker, after the transfer of the day off to it, becomes a full day off.

Order date

According to current legislation, namely Article 84 of the Labor Code, it is impossible to dismiss an employee on a day off. The date of termination of employment should be postponed to the next working day (next). If the situation reaches a dead end and the employee decides to quit on a day off, you can still adjust the date due to working hours, making it, for example, not 14, but 12 days. This right is enshrined in Article 14 of the Labor Code.

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Payments

Regardless of the date of termination of the employment relationship, the employer remains obligated to pay accruals due on the day of dismissal:

• Wages calculated in proportion to the time worked;
• Compensation for vacation days that were not used by the date of dismissal;
• Severance pay in cases established by law or internal regulations of the company. The specified payment is calculated based on average earnings;
• Other payments provided for by corporate agreements.

The emergence of an obligation to work

Every employee knows how to quit on their own initiative. This basis is the most common case of termination of an employment agreement and cannot be made dependent on the decision of the enterprise administration. To exercise this right, a specialist must perform a legally significant action - submit an application indicating the date of termination of employment.

This procedure can be carried out in two versions:

• with mandatory work before termination of the contract;
• without the need for rehearsal.

Working off means a two-week period during which the employee must notify the employer of the upcoming termination of the employment agreement.

The obligation to work off occurs in all cases of dismissal by decision of the employee, with the exception of the following situations:

• objective impossibility of further continuation of work activity (enrollment in an educational institution, registration of pension rights, etc.);
• violation by the administration of the enterprise of legislation, internal regulations, as well as the terms of the employment agreement.

In these situations, the question of the need for work is not raised; the employee must be fired from the date he indicated in the application. Official, legally binding documents must be provided to substantiate these special circumstances.

Under the general standard conditions for dismissal by decision of a specialist, the two-week period for working out begins to run the next day after the official delivery of the application to management.

Calculation of due payments

The main types of wages upon dismissal on a day off are compensation for unused vacation and wages for hours worked after the last scheduled payment.

For example, an employee of organization N with a salary of 25,000 rubles and an average daily earnings of 900 rubles wrote a letter of resignation. At the time of his application, he had unused vacation and work time left. Due to his illness, he cannot come, so he sent a letter of application by registered mail. He should be compensated for leave of a standard duration of 28 days and 9 working days. The payment will be 900*(28+9) =33300 rubles.

When should payment be due for dismissal on a day off?

The same should be done with the work book and other work-related documents that the employer is obliged to provide to the employee - they must be given to the employee before going on vacation, i.e. on the last day of work. This conclusion also follows from the Determination of the Constitutional Court of the Russian Federation dated January 25, 2007 N 131-О-О. In other words, in fact, the employment relationship with the employee terminates from the moment the vacation begins. That is why, in accordance with Part 4 of Art. 127 of the Code, an employee who has been granted unused leave with subsequent dismissal on his own initiative does not have the right to withdraw his resignation letter after the start of the leave, even if it is only the first day of leave. During illness during the period of leave with subsequent dismissal, the employee is paid temporary disability benefits , however, in contrast to the general rules (Art.

On the procedure for calculating severance pay upon dismissal

Answer According to Article 74 of the Labor Code of the Russian Federation, in the case when, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, they are allowed to be changed according to initiative of the employer, with the exception of changes in the employee’s labor function.

The employer is obliged to notify the employee in writing of the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, in writing no later than two months, unless otherwise provided by this Code.

If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his health status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

In the absence of the specified work or the employee refuses the proposed work, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of the Labor Code of the Russian Federation.

In accordance with paragraph 7 of part 1 of Article 77 of the Labor Code of the Russian Federation, an employee’s refusal to continue working in connection with a change in the terms of the employment contract determined by the parties[1] is grounds for termination of the employment contract.

Part three of Article 178 of the Labor Code of the Russian Federation establishes that severance pay in the amount of two weeks' average earnings is paid to an employee upon termination of an employment contract due to the employee's refusal to continue work due to a change in the terms of the employment contract determined by the parties (clause 7 of part one of Article 77 of the Labor Code of the Russian Federation).

Thus, an employment contract with an employee may be terminated due to the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties. In this case, the employing organization is obliged to pay severance pay in the amount of two weeks’ average earnings.

In accordance with Article 139 of the Labor Code of the Russian Federation, for all cases of determining the amount of average wages (average earnings) provided for by the Labor Code of the Russian Federation, a uniform procedure for its calculation is established.

So, in general, the average daily earnings for paying for vacations and paying for time spent on a business trip are calculated for the last 12 calendar months by dividing the amount of accrued wages by 12 and by 29.3 (the average monthly number of calendar days).

The specifics of the procedure for calculating average wages established by Article 139 of the Labor Code of the Russian Federation are determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

Currently, there is a Regulation on the specifics of the procedure for calculating average wages, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922.

According to paragraph 4 of Resolution No. 922, calculation of the average employee’s earnings

regardless of his mode of work,
it is carried out on the basis of the wages actually accrued to him and the time actually worked by him for the 12 calendar months
preceding the period during which the employee retains his average wage. In this case, a calendar month is considered to be the period from the 1st to the 30th (31st) day of the corresponding month inclusive (in February - to the 28th (29th) day inclusive).

At the same time, in accordance with subparagraph “a” of paragraph 5 of Resolution No. 914, when calculating average earnings, time is excluded from the calculation period, as well as amounts accrued during this time, if the employee maintained average earnings in accordance with the legislation of the Russian Federation, with the exception of breaks for feeding a child provided for labor legislation of the Russian Federation.

When determining average earnings, for the purpose of calculating severance pay, average daily earnings are used.

Average daily earnings

, except for cases of determining the average earnings for vacation pay and payment of compensation for unused vacations,
is calculated by dividing the amount of wages actually accrued for days worked in the billing period
, including bonuses and remunerations taken into account in accordance with paragraph 15 of these Regulations,
by the number actually worked during this period of days
(clause 9 of Regulation No. 922).

In turn, the average employee’s earnings are determined by multiplying the average daily (hourly) earnings by the number of days (calendar, working) in the period subject to payment

(clause 9 of Resolution No. 922).

Considering the above, the calculation of average earnings will look like this:

:

At the same time, the payment of severance pay represents compensation for lost earnings.

In accordance with part four of Article 112 of the Labor Code of the Russian Federation, the presence of non-working holidays in a calendar month is not grounds for reducing wages for employees receiving a salary (official salary).

In connection with the above, we draw your attention to the Resolution of the Constitutional Court of the Russian Federation dated November 13, 2019 No. 34-P[2] (hereinafter referred to as the Resolution of the Constitutional Court of the Russian Federation No. 34-P), which examined the constitutionality of the provisions of paragraph four of paragraph 9 of Resolution No. 922 when calculating average earnings for the purpose of paying severance pay when staffing is reduced.

Considering that the payment of severance pay during layoffs is also regulated by Article 178 of the Labor Code of the Russian Federation and is aimed at compensating for lost earnings to employees whose dismissal is not their direct expression of will, we believe that the conclusions set out in this resolution are also relevant for the situation we are considering.

Thus, Resolution No. 34-P of the Constitutional Court of the Russian Federation states the following:

“Part one of Article 178 of the Labor Code of the Russian Federation provides that upon termination of an employment contract due to the liquidation of an organization or a reduction in the number or staff of the organization’s employees, the dismissed employee is paid severance pay in the amount of average monthly earnings, and also retains his average monthly earnings for the period of employment , but not more than two months from the date of dismissal (including severance pay).

From the literal meaning of this norm it follows that each employee dismissed for the reasons mentioned in it, along with remuneration (calculation upon dismissal), is guaranteed to receive severance pay in the amount of average monthly earnings.

By its legal nature, severance pay, like the preservation of average monthly earnings for the period of employment, is a guarantee payment, the provision of which is associated with the termination of employment relations at the initiative of the employer making personnel decisions as part of determining the strategy of economic activity, or in the event of liquidation of the organization. The consolidation of this guarantee at the legislative level is due to the desire of the state to mitigate the adverse consequences of dismissal due to circumstances that impede the preservation of labor relations and do not depend on the will of the employee or his guilty behavior. Its intended purpose is to provide the dismissed employee with material support during the period of employment comparable to the earnings he received during his working life.

Unlike wages, which depend on the qualifications of the employee, the complexity of the work performed, the quantity and quality of labor expended (Article 132 of the Labor Code of the Russian Federation) and is paid to an employee in an employment relationship for the period worked, the amount of severance pay is determined solely on the basis of the amount calculated in the established in the order of average monthly earnings, is not payment for any period (past or future) and is paid to the employee upon dismissal. The amount of this payment depends on the amounts of money previously received by the employee as payment for his work; it is intended to provide the dismissed person with a means of subsistence in an amount no less than the average monthly earnings calculated on the basis of his salary for the 12 calendar months preceding the dismissal.

Accordingly, the amount of severance pay cannot depend on any circumstances that occurred after the employee’s dismissal

... when determining the amount of severance pay on the basis of the Regulations on the specifics of the procedure for calculating average wages, it is necessary to take into account the requirements of part one of Article 178 of the Labor Code of the Russian Federation. At the same time, the method of calculating average monthly earnings, due to its technical, auxiliary nature, must not only be consistent with the requirements of the law, but also ensure its implementation in strict accordance with the purpose of payment established by this rule

, which by its legal nature is one of the guarantees of the implementation of the constitutional right to work.

At the same time, in law enforcement practice, these regulations are regarded as prescribing the use of average daily earnings for all cases of calculating average earnings, and to determine the amount of severance pay for employees dismissed on the grounds provided for in paragraphs 1 and 2 of part one of Article 81 of the Labor Code of the Russian Federation, it is adopted taking into account the month period after the date of dismissal of the employee, based on the number of working days in which the calculation is carried out[3].

Based on this interpretation in the applicant’s case, the amount of severance pay, which, in the literal sense of part one of Article 178 of the Labor Code of the Russian Federation, should be the average monthly earnings of the employee (determined from the wages actually accrued to him and the time actually worked by him for 12 calendar months), calculated from taking into account the number of working days falling on the first monthly period after dismissal, as if payment for labor activity was made for this period. However, when calculating wages, which are payment for the period worked, special rules apply: the presence of non-working holidays in a calendar month is not a basis for reducing wages for employees receiving a salary (official salary) (part four of Article 112 of this Code); employees for whom a remuneration system has been established that does not imply the establishment of a salary (official salary) are paid additional remuneration for non-working holidays on which they were not involved in work (part three of Article 112 of this Code).

Thus, employees subject to dismissal

on the grounds provided for in paragraphs 1 and 2 of part one of Article 81 of the Labor Code of the Russian Federation, contrary to the will of the legislator, who provided a guarantee in connection with dismissal in the amount of average monthly earnings, they are placed in a worse position compared to employees who continue to work, whose earnings cannot decrease depending on the presence of non-working holidays in the paid month.

In addition, employees dismissed on the specified grounds are placed in different positions depending on the date of dismissal and the presence of non-working holidays in the calendar period after dismissal

: the amount of severance pay they receive, with the current understanding of paragraph 9 of the Regulations on the specifics of the procedure for calculating average wages (including its fourth paragraph), directly depends on the number of working days in the period after the termination of the employment contract.
This approach actually leads to determining the amount of severance pay based on a random factor
(the number of working and non-working holidays in the month immediately following the dismissal), which is unacceptable when implementing legal regulation in the sphere of labor in a social legal state.”

The constitutional and legal meaning of paragraph four of clause 9 of the Regulations on the specifics of the procedure for calculating average wages, identified in Resolution of the Constitutional Court of the Russian Federation No. 34-P, is generally binding, which excludes any other interpretation of it in law enforcement practice (clause 2 of the operative part)

.

Let us note that previously some courts took a similar position (for example, the Appeal ruling of the Krasnoyarsk Regional Court dated 08/13/14 in case No. 33-7676, A-10, the Moscow City Court ruling dated 09/28/10 in case No. 33-30375-2010, Appeal ruling of the Krasnoyarsk Regional Court dated 02.16.15 in case No. 33-1403, B-10, Appeal ruling of the Krasnoyarsk Regional Court dated 11.19.14 in case No. 33-10998, Ruling of the Supreme Court of the Komi Republic dated 07.05.12 in case No. 33-2456AP /2012).

Taking into account the above, in our opinion, when calculating severance pay for employees dismissed due to the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties, the Organization has the right to be guided by the Resolution of the Constitutional Court of the Russian Federation No. 34-P.

Consequently, the calculation of average earnings can be carried out based on the number of working and non-working holidays falling within a two-week period subject to payment in connection with dismissal.

In this case, the amount of severance pay will be determined by the formula:

Since the identified constitutional and legal meaning of paragraph four of paragraph 9 of Resolution No. 922 is generally binding, we believe that making any changes to employment contracts and local regulations is not required.

In addition, since this procedure for calculating severance pay follows the current legislation, the costs of its payment can be taken into account for profit tax purposes on the basis of Article 255 of the Tax Code of the Russian Federation.

College of Tax Consultants, November 22, 2021

[1] part four of article 74 of the Labor Code of the Russian Federation

[2] “In the case of checking the constitutionality of paragraph four of clause 9 of the Regulations on the specifics of the procedure for calculating the average salary in connection with the complaint of citizen V.S. Feeder"

[3] (appeal rulings of the Moscow City Court dated September 14, 2021 No. 33-31071/2016 and December 16, 2021 in case No. 33-48738/2016, Court of the Nenets Autonomous District dated May 15, 2018 in case No. 33-64 /2018, etc.).

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Termination of contract with employees with privileges

The Labor Code of the Russian Federation describes situations when the employer is obliged to formalize dismissal on the day the application is submitted. We are talking about situations where an employee may not give notice of his intention to terminate the employment agreement, for example, when retiring or being called up for service.

This is also important to know:
What is the retention period for the personal files of dismissed employees?

Based on Art. 14 of the Labor Code of the Russian Federation, if the date specified in the employee’s application is a day off or an official holiday, then the employer has the right to complete all paperwork on the next working day. However, there are situations when there is no time to wait, for example, a conscript needs to arrive at the appointed place on Monday, but he works until Saturday inclusive. In this case, by special order of the manager, all persons responsible for issuing the work book and the final payment are involved in performing duties during non-working hours.

Features of a fixed-term contract

Many citizens work on the basis of a fixed-term employment agreement. Upon expiration of this document, the working relationship between the specialist and the company management is terminated. The last day often falls on a weekend.

In such a situation, the employer independently chooses the appropriate option for terminating the contract. By law, it is advisable to wait until the first working day , since such actions do not raise any objections, and are also recognized as legal during legal proceedings.

If the company operates on a shift schedule, so all employees of the enterprise are present at the workplace, then you can terminate the employment relationship on Sunday or Saturday. At the same time, you will not have to offer double payment to the accountant and HR officer.

Additional questions

If the day of dismissal falls on a weekend, when should the amounts due upon termination of the contract be paid?

As in the situation described above, it is recommended that all payments be made on the eve of the employee’s last day of work - on the last working day.

If the last day of work upon dismissal falls on a day off that is part of the New Year holidays

A fairly common situation is dismissal after a notice period (so-called working off), which ends on Saturday, Sunday or a holiday. According to the rules, the employee notifies in writing that he wants to terminate cooperation at least two weeks in advance (in some cases, three days or a month). This notice period is beneficial to the person resigning, since he can change his mind during this time and withdraw his application. The employer can select a new employee within these two weeks.

But some write the application specifically so that the notice period coincides with the New Year holidays, for example. Since the Labor Code of the Russian Federation does not oblige work during this period, the long New Year holidays replace “working off”.

An exception is if the parties agreed to sever the relationship without waiting for the expiration of the notice period. In this case, the application is rewritten and a new date for termination of the contract appears in it.

Dismissal on a day off at the employee's own request

Sometimes there are situations that baffle personnel officers. For example: if the last working day falls on a weekend, how to fire?

First, you need to figure out whose day off you mean - the employee or, say, the HR department? Such circumstances may arise during a shift work schedule.

So, is it possible to fire an employee on his day off? Of course you can. In Art. 84.1 of the Labor Code of the Russian Federation states that termination of an employment contract is formalized either on the last working day or during the period when the quitter retained his place of work. On a day off during a shift schedule, the employee has an employment relationship with the organization, so fire him without any problems.

How to fire someone if, for example, Saturday is the last working day for an employee, and the HR department is on vacation? It is impossible to delay the issuance of documents, which means that an employee of the HR and accounting department will have to go to work on a non-working day (and the employer will have to pay double for such an exit or provide another day of rest).

Sources:

• https://glavkniga.ru/situations/k502969
• https://rabotnik-info.ru/uvolnenie/v-vyhodnoj-den/
• https://glavny-yurist.ru/uvolnenie-rabotnika-v-vyhodnoj-ili-prazdnichnyj-den.html
• https://ozakone.com/trudovoe-pravo/trudovoj-dogovor/uvolnenie-v-vyihodnoy-den-vozmozhno-li.html
• https://uvolsya.ru/den-uvolneniya/mozhno-li-uvolit-rabotnika-v-vyhodnoj-den-po-sobstvennomu-zhelaniyu/
• https://departamentsud.ru/uvolnenie-v-voskresene-kogda-proizvedut-vyplaty/
• https://ppt.ru/art/uvolnenie/v-vihonoy-den

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