Find out whether it is possible to terminate your employment on a day off if the notice period expires during non-working hours. In the article you will find a calculation of the date of dismissal and a set of documents.

In the article:

Is it possible to fire someone on a day off?

The procedure for terminating employment on weekends or non-working holidays is not prescribed in the current labor legislation. There is also no direct prohibition on termination of an employment contract at the initiative of the employee during the specified period. Taking into account the fact that the legislation does not have clear instructions on this matter, the employer has the right to act at his own discretion, taking into account the general provisions of the Labor Code of the Russian Federation and judicial practice.

★ Experts from the magazine “Personnel Business” will tell you

If you have to resign at your own request on a day off in 2019, you need to choose the least controversial and conflict-prone way out of the current situation. In personnel practice, such situations arise periodically. This is due to the fact that the resigning employee often indicates in the application the date of dismissal, which falls on a non-working holiday or day off. The employer also indicates the date of termination of the employment contract in the notice, forgetting to take into account what day it falls on. Despite the fact that the notice period is met in both cases, it is necessary to act taking into account the current situation, taking into account whether the dismissal date may be a day off.

In general, the notice period is two weeks, which begins to expire on the day following the date of filing the application for dismissal. If it falls during non-working hours, HR officers do not always clearly understand whether it is possible to formalize dismissal on a weekend or whether the termination of the employment contract will have to be carried out on the first working day after weekends or holidays, and the employee must be given the required documents and final payment.

What to do if the day of dismissal falls on a weekend

If the day of dismissal falls on a weekend, a lot of questions immediately arise about when to make the final payment, whether it is possible to date the order on a non-working day, what date to formalize the termination of the employment contract, and so on.

It is important for the employer to take into account, when receiving an application for resignation from an employee on his own, endorsing it, that it is necessary to correctly determine whether the day of dismissal can be a day off, since this date is tied to:

• issuance of all documents;
• payment of compensation for unused vacation, severance pay, and other funds;
• copies of relevant documents at the request of the departing person, and so on.

Example of dismissal on a non-working day

Manager Markin works a five-day work week with days off on Saturday and Sunday; on April 25, 2018, he submitted a request to dismiss him on May 9, 2018 (Wednesday is a non-working holiday). The organization issued Markin a work book and made the final payment on Friday, May 8, 2018. The day of Kondratiev’s dismissal is indicated in the work book, dismissal order and other personnel documents as May 9, 2018, in accordance with the employee’s application and desire.

An expert from Sistema Personnel will tell you in detail, Is it possible to fire an employee on his day off?. The article describes the employer's procedure if the date of termination of the employment relationship falls during non-working hours.

How to formalize termination of employment if the day of dismissal falls on a weekend

As a general rule, dismissal is carried out on the last working day; it cannot fall on a weekend or holiday. In this case, the employee will not be able to receive his work permit, money due to him and other documents. Referring to part four of Article 14 of the Labor Code of the Russian Federation, some employers formalize the termination of employment relations on the first working day after the end of weekends or holidays. Other employers postpone the procedure to the last working date before non-working hours. We do not recommend doing this, since the employee has the right to withdraw his resignation letter.

Editorial advice. If for some reason the dismissal falls on a weekend, it is best to ask the employee to rewrite the application and change the date of dismissal in order to formalize the dismissal in the general manner on a working day.

If the day of dismissal falls on a weekend, we recommend using the first option. Your colleagues use it in their practice most often. For example, an employee works a five-day shift; Saturday and Sunday are considered days off for him and the company as a whole. The two-week warning period expires on Saturday. In this case, the personnel officer prepares all the necessary documents on Monday. The manager issues an order, the accounting department prepares the calculation.

But termination of an employment contract a day earlier is also used in practice. This approach is aimed at protecting the interests and rights of an employee who is about to leave, and the day of dismissal falls on a day off. In the example considered, all documents and the final payment are issued on Friday. On Monday, the employee is considered completely free and can start looking for a new job or solving his problems.

The same can be done in the case of a large number of holidays, when some weekends are postponed. In such a situation, the employee will theoretically lose even more time waiting for the issuance of the work permit, other documents and the final payment. If the employer has issued all the relevant documents and calculations on the eve of long holidays, after their end the employee will be able to start looking for a new job. So, if the day of dismissal falls on a weekend or a non-working holiday, the manager issues an order the day before, for example, on Friday.

Important! By terminating the employment relationship ahead of schedule, the employer assumes the risk. The guarantee enshrined in Article 80 of the Labor Code of the Russian Federation allows an employee to withdraw his resignation on his own on the day the notice period ends. This means that the employer may have to not only cancel the order, but also the entry in the labor record. And the employee will return to his position.

An expert from Sistema Personnel will tell you in detail on what day do you need to terminate the employment contract and issue all the necessary documents if the employment contract ends on a day off?

Can the day of dismissal be a day off for the administration?

During shift work, a situation may arise that the date of termination of the employment contract for an employee falls on a working day, and the administration at this time is on rest due to a five-day workday. That is, for the administration, the day of dismissal falls on a day off. How to fire an employee in this case?

For clarification, please refer to Rostrud’s letter No. 863-6-1 dated June 18, 2012. The document states that the date of termination of employment should be considered the employee’s last working day.

Dismissal on holidays and weekends is carried out as follows:

1. Management notifies the HR officer and accountant in advance that they will have to go to work on the specified days;
2. The HR officer provides the employee with a list of required documents.
3. The accountant makes the final calculation.

This approach will allow you to fully comply with the requirements of the law and terminate the employment contract, taking into account the current rules. See the calculation of the date of dismissal on your own

The procedure for terminating employment on weekends or non-working holidays is not prescribed in the current labor legislation. There is also no direct prohibition on termination of an employment contract at the initiative of the employee during the specified period. The employer has the right to issue a payment and all due documents on the first working day after a weekend or holiday.

If an employee resigns on a certain date, which falls on a day off, a natural question arises - is it possible to resign on a day off. Let's look at what the legislation says about this. When analyzing this situation, it should be noted that a specific employee may have days off, or weekends at the enterprise can be taken into account (if a five-day or six-day work week is established), as well as holidays and non-working days established by law.

What to do if your dismissal date falls on a weekend

In a situation where an employee quits of his own free will, and the period of service ends on the employee’s day off, his dismissal should be carried out on the day before.

Although Article 14 of the Labor Code establishes that deadlines that fall on a weekend or non-working day end on the day following the weekend. That is, on the first working day, after a day off. But it is not always legal and justified to dismiss an employee several days later than the date specified in the application. In this particular case, the employee may already go to work in another place on Monday if he is employed by another company.

Why is it important to fire on the day before the day off? The fact is that the day on which an employee quits is considered his last working day. Thus, he must finalize it completely. Sometimes employers change layoff dates. In the order, they indicate the date of dismissal, which is according to the law, but in fact the working day is the day following the day off.

Or, on the contrary, all payments are made to the employee on the eve of the day of dismissal, and the order and all papers are drawn up on a day off. Neither the labor authority nor the court explains whether this is legal. Apparently, in case of dismissal of an employee at his own request, there is no dispute between the parties. And, accordingly, the case does not reach the court.

Also, in some cases, dismissal on a day off is possible when it occurs by agreement between the employee and the enterprise. Or, if the employment contract ends on a date that falls on a weekend. In any case, the concept of a day off should be considered as a general day off at the enterprise. Then, simply, there will be no one to carry out the dismissal procedure, because everything is on the weekend. Or, consider a specific employee’s day off.

If the day of dismissal is a day off

Considering the provisions of Article 84.1 of the Code, an employee should be dismissed in all cases on his last working day. Thus, it is understood that even if the employee has a shift work schedule, and the day of his dismissal fell on his day off, the employee should be fired on his last working day. This is partly due to the fact that the same Labor Code establishes that on the last day of work, the employee must receive a full payment from the enterprise, a work book, and the dismissal order must be signed in the “read” column.

But here’s the situation: the day of dismissal falls on a weekend, and the employee is on sick leave. How to proceed? Based on the provisions of current legislation, an employee has the right to write a letter of resignation while on sick leave. Or on vacation. At the same time, he can send an application by mail without appearing in person at the enterprise. In accordance with labor legislation, the period of so-called two-week work begins on the day the employer receives a written application from the employee. The calculation of the two-week period begins the next day. Accordingly, if an employee submitted an application on Friday, then theoretically, the countdown day for the two-week period should begin on Saturday.

But, in practice, the dismissal order is issued on the same date as indicated in the employee’s application. It is prohibited to delay the dismissal of an employee and to retain his work book. In fact, it turns out the following: an employee who is on sick leave has worked the two weeks required upon dismissal, without leaving sick leave. The employer issues an order on the same day when the dismissal should occur. In fact, the employee did not go to the enterprise to get documents, because he was undergoing treatment. After this, you need to send a copy of the dismissal order to the employee, and a notice of the need to appear for a work book.

Thus, if the day of dismissal falls on a weekend, settlements with the employee should be made the day before. In the event of liquidation of the enterprise, or layoff, the day of dismissal is considered to be the last actual working day of the employee, before the day off. The same rule applies to dismissal on holidays or non-working days established by the Government. By agreement of the parties, the employment contract can be terminated at any time. Thus, the parties must, at their own discretion, set the day of dismissal, taking into account working days and weekends.

The company and the employee have the right to terminate the employment relationship on any day, by agreement, while complying with the requirements of labor legislation. In this article we will consider the situation when the day of dismissal falls on a weekend.

Is it possible to fire an employee on a day off?

The determination of deadlines in the work process is regulated by Article 14 of the Labor Code. It states that in a situation where the day the employee ends his work activity falls on a weekend or holiday, the date of dismissal must be considered the next working day. Cases where the employee did not actually perform his duties, but his job was retained, are an exception.

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.

On the other hand, there is no direct prohibition of termination of employment on a non-working day in the labor code, but in practice this is possible in exceptional cases. In Art. 84.1 of the Labor Code of the Russian Federation states that on the last working day the enterprise is obliged to pay the resigning employee. He needs to pay the current wages and all required compensation, including for vacations not taken, as well as return the work permit and issue all other documents.

Delay in all these procedures threatens the employer with a fine. Most often, an employee explains a complaint to the labor inspectorate by saying that due to the delay, he was unable to conclude a new employment agreement.

Is it possible to quit on a day off at your own request?

Interesting information

Please note that there may be different situations with dismissal. Termination of labor relations occurs: due to staff reduction; upon liquidation of the organization; during an employee's vacation; on a day off; at the initiative of management; in connection with the end of the employment contract; at the personal request of the employee. In practice, the last option is the most popular.

Based on Article 80 of the Labor Code of the Russian Federation, an employee can resign at will at any time during the term of the employment agreement, but subject to written warning to the employer 14 days in advance. If the working period ends on a weekend or holiday, then, based on Art. 14 of the Labor Code of the Russian Federation, the employer has the opportunity to determine the last working day on the next working date.

Moreover, in the third paragraph of Art. 80 contains a list of categories of employees with whom the employer is obliged to terminate their employment agreement only within the period specified in the resignation letter, namely:

• the employee cannot continue his work activity (entry to full-time study, retirement, etc.);
• violation by the enterprise of the labor code and other legislative acts;
• violation by the employer of clauses of the collective agreement.

If on a non-working day the company cannot pay an employee, he may be asked to write a statement specifying the date of dismissal on the previous or next working day. This is done to avoid possible conflict situations with the employee.

Is it possible to terminate a TD at the initiative of the enterprise if the day of dismissal coincides with a day off?

Termination of an employment agreement at the initiative of the employer on a day off is often the subject of litigation. For example, when reducing staff, the employer may terminate the agreement on the date when the two-month notice period for the reduction ends.

At the same time, a number of court decisions were made in favor of the employee. In them, the court referred to Article 14 of the Labor Code of the Russian Federation. The decision in favor of the employer is justified by Art. 180 of the Labor Code of the Russian Federation, namely, that two months before the date the employee was notified of the layoff in writing against signature.

If the last day of work is a weekend, the employer may oblige the employee to work a shift on weekdays. This rule is spelled out in the Labor Code and respects the rights of both parties.

Dismissal at the end of a fixed-term employment contract

A fixed-term employment agreement must indicate its duration. If the end day is a holiday or weekend, then employers can also be guided by Art. 14 of the Labor Code of the Russian Federation and terminate the employment relationship with the employee on the next working day.

At the same time, there are precedents in court where the employer’s right to dismiss an employee even on non-working days was recognized as legal. To avoid conflict situations, the employer's responsible employees, when preparing an employment contract, usually check whether a certain end date of the agreement falls on a day off.

Watch the video on how to fire an employee after the expiration of the employment contract

Features of dismissal on a day off

At an enterprise where there is a shift schedule, a situation may arise when the employee’s scheduled day of termination of the employment agreement is a working day, and the HR specialist is a day off. In such circumstances, Rostrud provided an explanation by Letter No. 863-61 dated June 18, 2012. The document states that the employer is obliged to ensure that specialists responsible for processing the calculation are present at work on that day.

Still have questions? Ask them in the comments to the article

The practice of labor relations shows that the working regimes of the employee and the administration may not always coincide. Situations often arise when an employee’s last working day falls on a weekend, and accounting and HR are not working. It also happens the other way around, when the dismissal date falls on the usual schedule, but the employee himself must rest at this time.

For your information

If you try to get information on this issue from your accounting department, you will most likely receive a sharp and categorical answer. Already at the stage of receiving such an application, personnel officers quickly calculate everything and tell the manager the day on which the resolution needs to be put forward. Of course, this date will fall on Friday or Monday.

Is it possible to be fired on a day off?

To consider the general procedure for dismissal on a day off, you should refer to Article 84 of the Labor Code. The rules described in the regulation apply to all employers without exception. Thus, the administration of the enterprise is obliged not only to say goodbye to the employee, but also to issue him a work book and pay him in full for the time worked.

Attention

It is best to record final payments by asking the employee to sign for receipt.

Today, there is a fairly extensive practice when already dismissed employees were reinstated in the organization due to minor shortcomings made by personnel services.

Normative base

To understand where work on a day off can come from, you need to look at the procedure for calculating wages. 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.

Additional Information

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

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.

Calculation of due payments

The main benefits for dismissal on a day off are compensation for unused vacation and wages for time 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.

Dismissal on a day off at your own request

One of the simple solutions that the administration of an organization or individual entrepreneur can offer is an attempt to reach an agreement with the employee. For now, an employee can rewrite his own, which will indicate a slightly different date instead of a day off. Of course, such a proposal should not infringe on the employee’s interests, especially material ones. It is also worth considering that the citizen could already agree with the new leadership on an appointment starting on Monday, and this is critical. In this case, you can fire the person before the day off, for example on Friday.

If an agreement cannot be reached, the Law continues to be on the employee’s side. The employer does not have the right to change the date of dismissal planned by a citizen working under an employment contract on a day off. Indeed, in most cases, contracts with ordinary employees are drawn up without specifying expiration dates. If the administration of an enterprise deliberately changes the date of termination of the contract, this may entail liability under Article 80 of the Labor Code. It’s good if the labor inspectorate doesn’t come for a long time or doesn’t notice such a flaw.

For example, if the employee himself decides to challenge such a decision after 3 months, the prosecutor’s office and the inspectorate will quickly “convince” the organization to reinstate its former employee in his previous position, pay him wages for the period of forced downtime and all payments due. The financial risks of the company when such events are initiated are quite significant.

During vacation

For cases where an employee plans to quit after using vacation, it is necessary to refer to Article 127 of the Labor Code. The standard specifies the need to make settlements with the employee on the day he goes on vacation. The start date of the vacation will be considered the time of termination of the employment contract, and the day of dismissal will be the last day of the previously unfinished vacation. The same is stated in the Letter, which was published in Rostrud in 2007 under the number 5277-6-1.

Features with a shift schedule

When it is planned to terminate an employment contract with an employee engaged in shift work, the date of dismissal will be recognized as the last working day. This day may also fall on a day off, which is set in the schedule for a citizen who stops working.

In a situation where an employee must be fired on a day off, the Labor Code does not provide for the possibility of mandatory involvement of administration employees to resolve issues with termination of the employment contract. At the same time, the employer remains obliged to comply with the requirements of the legislator. To organize work on a day off, he has the right to involve a personnel employee and an accountant to fully document the still active employee. It gives him this opportunity. For off-hour work, the director will be forced to make an additional payment or provide other days of rest.

For your information

In cases where an employee works in shifts, he will have to be fired on his day off. If the employee works under a standard five-day working week, the employer has the right to exercise the right that Part 4 of Article 14 of the Code gives him, namely, if the last day of the contract period falls on a non-working day, it is allowed to make payments to the citizen on the next (next) working day.

Dismissal on a day off under a fixed-term employment contract

In cases where a fixed-term employment contract terminates on a weekend, Article 14 of the Labor Code has no effect. If the date of termination of the contract is specified, the employee should be dismissed and fired on the pre-agreed date, without options. The employer will have to notify the citizen 3 days in advance and formalize the dismissal on the last working day.

Additional Information

Attention should be paid to situations where an employee goes to work on a working day and neither party initiates the dismissal procedure to terminate the employment relationship, the contract is automatically extended for an indefinite period. It often happens that a fixed-term contract does not indicate its expiration date, but a certain time interval, for example, a year. This means that the personnel service has the right to apply the general provisions of Article 14 of the Labor Code regarding the calculation of its colleague on the next working day.

Nuances

If the day of dismissal is considered a working day for an employee, and a day off for the administration, this should not interfere with the employee’s calculations. If an accountant or HR employee is not working at all on the date, this can significantly complicate the situation. As a general rule, work on weekends and holidays is not permitted. True, again, the employer can assign such a day to workers, formalizing the exit of responsible persons with the appropriate order for the enterprise.

A number of provisions of the labor legislation of the Russian Federation recommend dating the dismissal of an employee as the last working day. Indirectly, this is also due to the requirement of the law to make a settlement with the dismissed person and issue him the necessary documents strictly on the last working day. But there is no direct ban in the law on dismissal on a day off. Therefore, the situation is this: it is not advisable to fire someone on a weekend or a holiday, but in some cases it is still possible.

What to do if the day of dismissal falls on a weekend or holiday

First, let's figure out in what cases dismissal on holidays and weekends is possible. These include:

• the expiration date of the employment contract that falls on a weekend or holiday;
• the date of dismissal is indicated in the application for voluntary dismissal or in the dismissal agreement and fits into the legal requirements for two-week work or does not contradict other terms of the agreement. In this case, it is enough to indicate the date in the agreement, without stipulating anything else;
• the employee has an individual or shift schedule, according to which a day off or holiday is considered a working day for him;
• the employee quits during vacation or sick leave, that is, in fact he does not work and should not appear at work;
• a working day is moved to a weekend or holiday or vice versa.

In other cases, the general rule provided for in Art. 14 of the Labor Code of the Russian Federation: when the date of dismissal falls on weekends or holidays, the employment contract is considered terminated from the first working day after their completion.

The date of dismissal must be checked against the calendar.

Dismissal on a weekend or holiday at your own request

In a situation with voluntary dismissal, the employee himself determines the date on which he intends to leave the employer. And it may happen that the day the two weeks prescribed by law expire falls on a holiday or weekend.

In this case, the rule from Art. 14 Labor Code of the Russian Federation. But there are two options:

1. Agree with the employee about his dismissal on the last working day before weekends or holidays or the first after them. The problem in the second case can arise only if, after holidays or weekends, the person being fired must return to a new job. But even here a compromise can be found. It should be borne in mind that it is possible to part with an employee with the consent of the employer before the expiration of two weeks.
2. Date the employee’s dismissal on a weekend or holiday, and issue the paycheck, work book and other required documents on the last actual working day. You can do this before your dismissal date. Problems begin if any of these obligations imposed by law on the employer are fulfilled after dismissal. Indeed, in this case, the employee has grounds to protect his rights through regulatory authorities and in court, which for the company is fraught with fines and payment of compensation.

One of my former bosses believed that there was no point in forcing an employee who had sharpened his skis to leave of his own free will to work for two weeks, and fired him on the last working day of the current week. But this was his personal expression of will. In general, a two-week period is provided so that the employer has time to find a replacement for the departing employee during this time.

Dismissal due to staff reduction or company liquidation

In the event of dismissal due to reduction or in connection with the liquidation of the company, the key obligation of the employer is to warn those being dismissed two months before the date of the planned termination of the employment relationship. You can do this at an earlier date.

The deadlines for warning an employee about upcoming dismissal are prescribed in the Labor Code of the Russian Federation

It can’t be done later: those fired will have grounds to complain and sue. An exception is the payment of additional compensation for all unworked days of this two-month period.

Instead of staff reduction and liquidation, employers often practice the option of dismissal by agreement of the parties. In this situation, the mandatory notice period loses its relevance; everything is determined by the agreements with the person being dismissed and the text of the agreement where they are fixed.

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.

Dismissal at the initiative of the employer

When there are grounds for dismissing an employee for misconduct, absenteeism, alcohol abuse at work and for other reasons that allow the employer to initiate separation, the date of dismissal is determined by the employer. So the easiest way is to date the termination of an employment contract on a working day: both before the next weekend or holiday, and after.

The main thing for the employer who initiates the dismissal of an employee in such situations is to take care of proving the existence of reasons for dismissal on the appropriate grounds.

When an employer shows an employee the door, he himself determines the date of dismissal

Dismissal due to expiration of the employment contract on a weekend or holiday

If the expiration date of the employment contract falls on a weekend or holiday, this is the same case when you can safely date the dismissal on that day. The same date is indicated in the dismissal order, work book, etc. This procedure follows from Art. 79 Labor Code of the Russian Federation.

There are two exceptions:

• the dismissed person replaces a temporarily absent permanent employee;
• A fixed-term contract was concluded with an employee to perform seasonal work.

In these cases, the date of dismissal is considered the first working day after weekends or holidays.

It will be necessary to pay the dismissed person and give him the documents due on his last actual working day. Well, don’t forget three days before the upcoming dismissal, or even earlier, to hand the employee a notice of dismissal against signature.

At one of my places of work, I was given a fixed-term employment contract, which was regularly renewed. And when the employer decided to close the project in which I was involved, he warned us about this as soon as he made such a decision. This was about a month before the next extension. As with staff reductions or liquidation of a company, the law allows you to give notice of dismissal earlier than the three days specified in it. Can't do it later.

Dismissal on a weekend or holiday of an employee on vacation or sick leave

If an employee is on vacation or sick leave, he does not need to be present at work on the last working day, and his dismissal can be safely dated to the weekend.

In this case, you need to take into account the following nuances:

1. If an employee resigns of his own free will during vacation or illness, he can send a letter of resignation by registered mail with acknowledgment of receipt. The countdown of the two-week working period begins on the next day from the date of receipt of the letter by the employer specified in the notification.
2. The order sets the date of dismissal specified in the employee’s application. It also dates back to the entry in his work book. The order itself can be made on the last working day before a weekend or holiday.
3. Payment is made no later than the last working day before dismissal.

If an employee is on sick leave or on vacation, he can be fired on his day off

If the employee remained on sick leave after the date of dismissal, the employer is obliged to pay him for all days of temporary disability, including after termination of the employment relationship.

The situation with the issuance of a work book also deserves mention. In the event of dismissal of an employee who is absent due to vacation or sick leave, the delay in issuing a work book is not considered a violation of his rights. After all, he was absent from work on the day of his dismissal and could not receive the document. But it would not be superfluous for the insurance company to immediately send him a notification about the need to pick it up or agree to send it by mail.

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.

Features of dismissal on a weekend or holiday after the expiration of a fixed-term contract, if this is a working day for the person being dismissed and a day off for the administration

Collisions arise when an employee on a fixed-term employment contract has a shift or individual schedule that includes weekends. For example, a day - two, a day - three, a week you work - a week at home, etc. Typically, this is the schedule for sellers, security guards, employees of consumer service enterprises, etc.

But the personnel service, accounting department and the head of the organization, that is, the people involved in processing the dismissal of such an employee, may have a standard five-day work schedule.

There are several ways out of this situation:

1. Pay the employee and issue documents to him on the last working day of the personnel and accounting department employees. There is a risk that after this the fired person may not return to work. After all, it’s rare that an employer will sue him for one or two days’ salary.
2. Involve a personnel service employee to work on a day off, which is for the dismissed worker, with compensation for this in accordance with the Labor Code of the Russian Federation. And the payment should be made on the last working day before the weekend or holiday on which the dismissal date falls.
3. Terminate the employment contract for other reasons, for example, by agreement of the parties.

Video: when weekends can become working days

Dismissal of an employee on a weekend or holiday is a fairly common production situation. And although it poses some difficulty for the employer, there are ways out of it.

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