Day of dismissal - the last working day by law?

Day of dismissal - the last working day? This question is asked by many citizens. Know the answer to it is necessary for everyone who plans to resign or change their place of work. After all, labor relations is a separate article of legislation in Russia. It has its own characteristics, violation and non-compliance which leads to illegal dismissal. An employer who is not distinguished by his conscientiousness will have huge problems with the law, up to and including suspension from activity. Therefore, one should understand when a person is officially dismissed and does not have to work out. What can you say about this feature in Russia?

Labor code

The last day of dismissal is considered a working day? Much depends on the situation. What does the Labor Code say about this feature?

According to the established rules, each person can be dismissed:

• At the initiative of the chief;
• At personal request;
• In connection with the reduction / liquidation of the enterprise;
• By mutual agreement.

Accordingly, there are several variants of the development of events. In practice, most often the termination of employment relations at the request of the employee. In this regard, we can only say that each of his subordinates is obliged to notify the head in advance about his intentions. More precisely, 14 days before the expected termination of the employment contract. In this situation, the day of dismissal - the last working day or not? And anyway, when does a citizen stop working officially for his employer? At what point in time it is possible not to go for work off?

Legal grounds

In fact, it is not so difficult to understand the feature being studied. Especially if you carefully study the labor legislation of the Russian Federation. Date of dismissal is considered to be the last working day. This rule is prescribed in Article 84.1 of the LC RF.

What does this mean? Everything is simple - the day when the dismissal order comes into legal force, must be worked out by the subordinates. That is, the employee must go to work without fail, work out in accordance with the previously concluded contract, and then the order comes into force. At the same time, the day that a person spent on work should be paid in full. This is a mandatory item that must be observed by the employer. Accordingly, the last days of work are fully taken into account when calculating with subordinates.

Uniform rules - is there or not

However, the rule does not always work. There are a number of exceptions to the termination of labor relations, as well as the last day of working off citizens. Therefore, one can not say that there is a common opinion in the legislation of the Russian Federation regarding the issue under study.

Ideally, the date of dismissal is considered the last working day, which will be paid to the subordinate in full. But at the same time, the termination of relations can be urgent or at the request of the employee, only with some peculiarities. About them a little later. Accordingly, all issues related to the last day of training, do not have an unambiguous exact answer. This is also stated in the Labor Code of Russia.

Emergency dismissal

What if you have to terminate an employment relationship with a subordinate? Most often, the process is carried out at will of the boss. As an option - in connection with the liquidation of the enterprise.

In this case, the chief issues an order for dismissal. It prescribes the exact date of termination of relations with a subordinate. But even so, the last day will be considered working.

It should be remembered that all time worked is paid by the employer. This is a normal and legal requirement. What else is important to know for both bosses and employees?

Features of writing a statement

Day of dismissal - the last working day? Yes. But, as already mentioned, there are a number of cases in which it can be considered otherwise. Even with the dissolution of previously concluded labor relations, this is possible.

Great attention is paid to the writing of the application. Its exact form is not established. The main thing is that a citizen expresses the desire to leave work in writing and in advance.

What are the features of the application for dismissal? The last working day is recommended to be written there. The exact date is indicated as follows: "Dismiss me on May 25, 2008". Then the specified date will be considered the last, when the citizen stays in this or that post. You can change the record several times. For example, on: "Cancel the contract with me on May 25, 2008," then the order to terminate the relationship will be released on May 26, 2008. Accordingly, much depends on how the statement is written. There is nothing difficult or special for understanding in this.

Not the last day

A lot of features have a dismissal "on their own". The last working day here is not always the day of termination of the previously concluded employment contract. This is normal.

The thing is that according to the law you can do without working out, established in Russia, and also without holding the last day at work as an employee. What is it about? How can you easily quit on your own and do not get confused when the citizen has the last day of work?

It is offered or to leave on sick leave, or on holiday. For example, at his own expense. These periods do not call for an employee to work. A citizen must write 2 applications - for leave on his own free will (for example, for 14 days), and for dismissal. In this case, you will have to work until the holiday specified in the document. It follows that not always the day of dismissal is the last working day.

Of course, in this case, the calculation is made taking into account only the time that was worked out before going on leave or on sick leave. There is no other. Require a subordinate exit to work is impossible in such situations. Just as an employee does not have the right to request money for leave / sick leave at his own expense. In fact, a person leaves without even returning to work.

This is such a difficult question. But from now on it is clear, in what situations and how the last working day is established in this or that company. Remembering all the above features, you can not be afraid of deceit. The last day of dismissal is considered a working day in most cases.