How to calculate two-week work upon dismissal. Work upon dismissal

• Does an employee have to file an application 14 days before being released from duty?
• What is the working period upon dismissal?
• How to calculate 2 weeks upon release from office.
• When it is not necessary to work 14 days.
• How to determine the last working day.
• What to do if the last day of work falls on a non-working day.
• What are the features of dismissal from a position under a fixed-term employment contract?

Term work upon dismissal not always equal to 14 days. In some situations, the resigning employee does not have to work out anything at all. In this material we talk about the features of dismissal from office and the terms of service.

Is a resignation letter always submitted 14 days in advance?

An employee who plans to end his work activity is required to notify in advance employer. This must be done in writing (Article 80 of the Labor Code of the Russian Federation, Part 1). The notice period for dismissal is at least 2 weeks. However, this period may vary under various circumstances:

• 3 days, if the probationary period has not expired (Article 71);
• 3 days for seasonal workers (Article 296);
• 3 days, if the period of validity of the contract does not exceed 30 days (Article 292);
• 30 days if the employee belongs to the management of the enterprise (Article 280);
• 30 days for coaches or athletes if the contract period is more than 120 days.

Working period upon dismissal

Working 2 weeks upon dismissal (actual stay at work) is not considered mandatory. Laws related to labor do not include the concept of “work.” This word refers to the period of notice of planned dismissal from office. In view of this, it does not matter whether a citizen works, is on vacation or is temporarily disabled. In the last 2 cases, the period of notice of dismissal is not extended. This was approved by Rostrud in a resolution dated September 5, 2006.

How to calculate 2 weeks upon release from office

The notification period for the termination of a working relationship is calculated in accordance with the general standards for calculating deadlines, which are enshrined in Article 14 of the Labor Code of the Russian Federation (from the date that follows the day the application is submitted). Calendar days are taken into account, not working days. So, if the employee submitted a statement on Friday, then the deadline will begin to count from Sunday.

From the day the application is submitted until the last day of service upon dismissal, the employee has the right to withdraw his own application. This right is granted to the employee by Part 4 of Article 80 of the Labor Code of the Russian Federation. The application must be canceled in writing. Having received the cancellation document, the employer must complete all activities related to dismissal from the position.

Important. The law establishes the only exception: an employee is still fired if the employer has already invited another person to work instead. The invitation must have documentary evidence. Otherwise, the employee has the right to file a lawsuit.

How to prevent a fired employee from returning

The editors of "General Director" know 3 ways, which you will find in the article of the electronic magazine.

When 2 weeks of work are not required upon dismissal

The legislation provides for a number of situations when an employee does not need to wait until the established period has expired to be released from his position (Part 3 of Article 80 of the Labor Code of the Russian Federation). The employer must formalize the dismissal on the day chosen by the citizen and indicated in the application for dismissal from position, if the termination of the working relationship is caused by the following circumstances:

• the citizen entered an educational institution;
• the employee has reached retirement age;
• other situations when the employee is unable to work.

In practice, the circumstances that allow an employee to leave the organization without working out upon dismissal are considered:

• relocation of the employee to the place of residence of the husband/wife;
• transfer of husband/wife to work in another region.

Particularly highlighted is the fact that the employer fails to comply with legally established labor standards. Examples include non-payment or delay of wages, refusal to provide legal leave, and so on. Such a violation must be recorded by authorized bodies (in writing). These include:

• labor dispute commission;
• judicial institution;
• Labour Inspectorate.

This was emphasized by the Supreme Court of the Russian Federation in a decree dated March 17, 2004. But in practice, court opinions differ. In one case, the employer’s refusal to dismiss an employee on the day of his choosing is recognized as legal, because the fact of non-compliance with labor law standards was not recorded (resolution of the Moscow City Court of August 26 in case number 33-26923). In the second case, the judicial institution ruled: if non-compliance with legislative norms is confirmed by the case materials, the refusal to dismiss from office ahead of schedule is unlawful, despite the lack of recording of violations by authorized bodies (resolution of the Moscow City Court of August 8, 2013 in case number 11-23649).

How to determine the last working day upon dismissal

Resigning employees do not always specify the specific day of termination of the working relationship in the application. An employer may have a question: when to relieve oneself from a position so as not to violate legal norms?

In this case it is advisable dismiss an employee on the last day of the notice period for terminating the concluded contract (14th day after submission of the application). Removal from office either earlier or later than this date may be considered illegal.

The court may regard dismissal from a position earlier than two weeks as a violation of the employee’s right to cancel his or her own application before the last working day. By virtue of Part 6 of Article 80 of the Labor Code of the Russian Federation, the working relationship is continued if, at the end of the two-week period, the employee does not insist on being relieved of his position and continues to perform his duties. Dismissal at a later date may be considered by the court to be a violation of the employee’s right to work in another organization.

Removal from position earlier or later than the established deadline for notification of dismissal may threaten the employer fine(Article 5 of the Code of Administrative Offenses of the Russian Federation). The court may also impose an obligation on the employer to provide the employee with the average salary for the period of forced absence from work, and to reinstate the employee due to unlawful dismissal.

What to do if the last day of work falls on a non-working day

Sometimes the last day of 2 weeks of work established by the relevant article upon dismissal falls on a non-working day. It is necessary to release an employee from his position on the 14th (3rd, if we are talking about seasonal workers) day.

Part 3 of Article 84 of the Labor Code of the Russian Federation includes a general rule: working relationships end on the last working day of a citizen. The exception is situations when the employee did not actually work, but his average salary was retained.

In view of this, a scheduled day off is considered for an employee to be a day when he did not actually work, but participated in working relationships. The Labor Code does not prohibit dismissal from office on this day. The employer does not have the right to voluntarily change the end date of the working relationship against the will of the employee.

Features of dismissal from a position under a fixed-term employment contract

Conclusion

Now you know whether employees of an enterprise are required to work 2 weeks upon dismissal.

Calculating the day of release from office when a citizen is dismissed on his own initiative does not present any great difficulties. However, the employer should not voluntarily change the date of dismissal unless the resigning employee requests it (in writing). This may lead to problems with the law. An employee can file a lawsuit against the employer if he fires him early or late. It’s better not to take risks and do everything as the legislation of the Russian Federation dictates.

Many working citizens are concerned about the rather pressing question of whether they need to work 2 weeks upon dismissal. After all, this is often required by law. But not everyone knows that 2-week work is not always required. In some cases, this period is much shorter, and sometimes it is not required at all.

What circumstances force you to work?

As the Labor Code indicates, a person who wants to resign of his own free will must work for a set period, namely 14 days, so that the manager has the opportunity to find a new employee during this time. To do this, he will need to write a letter of resignation and submit it to the employer for review later than two weeks in advance. However, if the director does not need this person for work, he may allow him to leave work without this.

Workout is not mandatory unless management requires it.

14 days is the minimum established period; it may be a month or less at the initiative of the director of the organization or due to appropriate circumstances.

For these groups of people, the duration of work is three days:

• workers on probation;
• seasonal workers;
• citizens with a time-limited employment contract.

In the event that an employee, while on paid leave or sick leave, expresses a desire to leave his place of work, his work will already be credited. Only he must notify his superiors about this no longer than 2 weeks before the end of the vacation.

Also, working off may not be mandatory if the employee and his director mutually agree on dismissal and draw up a written agreement. It must indicate the date of leaving the place of work, and the process of working off in this case is excluded.

If a working citizen, wanting to cancel the employment contract of his own free will, does not want to work for the established period, then he is obliged to make this request to the manager. Only on the basis of a written statement (resolution) signed by the authorities, it is possible to legally exclude the work. If you don’t work out what will be spelled out in Article 80 of the Labor Code of Russia. Paragraph 3 of the commentary to the article says that refusal to work off work is considered a violation of work order and can lead to dismissal for absenteeism.

When an employee has the right not to work

Two-week work can be ignored by an employee if:

• the manager has violated any of the provisions of the current legislation and there is documented evidence of this;
• the worker is forced to leave his place of work due to current circumstances.

The current legislation of 2017 includes the following circumstances forcing resignation:

• Retirement from state support due to old age. A pensioner is not required by law to work a 14-day period after dismissal;
• Enrollment in an educational institution;
• Conscription for military service in the state army;
• If there is a child who has not reached maturity;
• Pregnancy, when a woman cannot continue to work due to her condition;
• Moving, even if it is under the pretext of changing the spouse’s place of residence.

If the question arises, do I have the right to quit without working for two weeks, the answer will be in the affirmative if you belong to the above categories of citizens. In such cases, you don’t have to go to work, starting from the next day after submitting your application. However, the employee will need to provide evidence in the form of official documents. This could be a certificate from an educational institution, documents for a pension, a child’s birth certificate proving his young age, a medical certificate, etc.

If a person does not belong to these categories, but still does not want to work, he can negotiate this with his superiors or apply for leave during vacation time. Leaving work by mutual agreement of both parties does not require work and provides the opportunity to leave at any desired time.

When leaving a place of work, regardless of whether there was work done or not, the employer must, on the day of leaving:

• Give the employee a salary for the period worked;
• Pay for vacation if it has not yet been taken;
• Provide compensation if this is regulated by the contract.

If you decide to change jobs, it is important to take seriously compliance with all formalities and management requirements. One of them is a mandatory two-week work period, and questions often arise about its legality. How legitimate are the employer’s demands and is it possible to avoid this obligation?

You can try to negotiate with your superiors

The very wording “working for two weeks” is not entirely accurate. The Labor Code is not talking about mandatory work, but rather that you are obliged to notify your boss no less than two weeks before the day of dismissal if you leave of your own free will. This rule does not apply to cases of violation by the employer of the employment contract. If you don’t know how to quit without working for 2 weeks, you don’t need to immediately look for violations to do this. There are other reasons to leave without working; in the end, you can come to an agreement with your boss.

All of the above means that if you submitted your resignation and then went on sick leave, for example, which lasted at least two weeks, you no longer need to work after that. Your job is to notify your boss two weeks in advance, but whether you actually worked at that time or not is no longer important.

Cases of violation by a boss of an employment agreement are difficult, because the fact of violation itself must be proven, and this will take time. The first step is to file a complaint with the competent authorities. These could be trade unions, labor dispute commissions, or courts. After this, the verification begins. It is difficult to say in advance whether the authorized body recognizes the violation or not. Non-payment or delay of wages is not a reason specified in the Labor Code, so in this case the outcome is also ambiguous. If the court nevertheless records a violation, and the boss refused to fire you on the due date, he will pay a fine. The period is not always exactly two weeks. There are cases in which you can give notice three days before immediate dismissal:

• If your probation period has not yet ended
• If your job is seasonal
• If you work under an employment contract for a period of at least two months
• Sports coaches and employees holding managerial positions are required to give one month's notice of their resignation.

Do I have the right not to work?

There are cases when an employee may not work, but they are quite arbitrary. For example, people often find out about retirement or moving in advance, which means you can warn your boss some time before leaving so that he has time to take action and find a replacement for you, as well as prepare documents and calculations. The official reasons for dismissal without two weeks of work are:

1. Retirement. Whether a pensioner leaves on time or works in retirement and suddenly decides to leave, he has the right not to work.
2. Moving to another city or country for permanent residence
3. Relocation due to the transfer of a spouse to a new workplace in another city or country
4. Violation of the terms of the employment contract by the employer
5. Enrollment in an educational institution

If your boss has violated the terms of the contract, you do not need to leave immediately until the violation is established. Failure to show up for work within the two-week period will be regarded as absenteeism, which means you can be fired not at your own request, but under the article. There are other reasons that may be considered valid. But since they are not specified in the Labor Code of the Russian Federation, the decision will depend on the employer himself and the authorized bodies. What other reasons could there be?

• If you are sick and the illness prevents you from continuing to work
• If you have been selected for a competitive position
• If you are called up for military service
• If you are under 14 years old or a disabled child under 18 years old
• If other family members need care
• If you are pregnant and want to quit
• If the company you work for is liquidated.
• If you are fired due to reduction

Is it possible to go on vacation before quitting?

Perhaps the best solution to avoid detention. You have the right to take paid leave if you have not already done so. But the vacation must last at least two weeks. Standard vacation is 28 days, for teachers it is 42-56 days. So, first you write a statement addressed to your boss, in which you indicate that your dismissal follows after the vacation. But since you need to apply for leave a month in advance, it turns out that you still warned your boss in advance and even earlier than two weeks. The benefit is that the day of dismissal is considered the last day of vacation, plus you receive vacation pay. During this time, it is quite possible to find a new job.

If you don’t want to go on vacation, but you are entitled to it because you haven’t had a vacation this year yet, you have the right to receive compensation. Even if the employee is a minor or is a pregnant woman (they cannot accept compensation or refuse leave), compensation is possible in the event of dismissal.

If you have not taken a vacation for two years in a row, then you can receive monetary compensation for two vacations or take one vacation and receive compensation for the second. You cannot take two paid vacations at once.

If during a legal vacation you get sick and receive sick leave, the vacation can be extended or postponed for the same number of days that you spent on sick leave. You can also take unpaid leave, but in this case you need a good reason. Without good reason, your boss may not let you go. The following have the right to take such leave:

• WWII veterans
• Pensioners continuing to work
• Disabled people
• Parents and spouses of military personnel or those killed during military service
• If you need leave due to the birth of a child, the death of a loved one, or a wedding.

What to do if you change your mind about quitting?

Before the end of your service, you have the right to change your mind and withdraw your resignation letter. However, if you are going on vacation, it is better to do this before you go on vacation. The matter will become more complicated if another employee has already been invited to your position, who also has the right to this job. But in such a situation, it makes sense to require written confirmation of the agreement with the new employee. The phrase “I’ve already hired someone else in your place” has no legal force.

It happens that for some reason an employer refuses to provide written evidence of hiring a new employee for your position. In this case, ask him to put the refusal in writing with a detailed description of the reasons. It is no secret that sometimes an employee is forced to write a letter of resignation of his own free will, citing the fact that everything is being done for his good, otherwise there will be other reasons for dismissal, but under the article. The employee agrees, writes a statement, and then thinks it over carefully and decides to take it away. If you are not allowed to do this, you should go to court.

Now the court is increasingly siding with the employee. After this (if you win in court), you will be reinstated in your position without fail and paid wages for the entire time that the proceedings were ongoing. But if two weeks have already passed, you no longer want to leave work, and the boss has already changed his mind and is in no hurry to count you and give you your work book, that is, in fact, the employment contract has not been officially terminated, the resignation letter is considered invalid, and the employee can continue working.

Documents and calculation

The solution is to go on vacation

On the employee’s last working day, the boss is obliged to pay him, that is, pay his salary, vacation pay or compensation, if any. If this does not happen and the boss delays payments, then for all days of delay he must pay an amount equal to the employee’s average daily salary. The last working day is considered the last day of vacation taken after writing a letter of resignation from the position. Therefore, under such circumstances, all calculations are carried out on the last day of vacation.

Refusal to return the work book after the deadline after writing the application is a serious violation. If this happens, material damage is also compensated for each day the book is retained, since its absence does not allow you to get a new job. In the labor day, the date of dismissal is set to the date when the book was issued to the employee. To do this, you need to write a statement addressed to your former boss stating that you received the book, you were paid compensation and the date of dismissal was changed.

If the employer still does not return the work, feel free to go to court. However, you need to remember that no more than a month should pass from the date of dismissal to go to court. If more than a month has passed, then you need to have good reasons for not going to court for such a long time, better documented. Your boss's chances of winning the case increase as the month passes.

However, the employer is not considered responsible for withholding the employee’s book if the employee himself did not come to pick it up on the day of dismissal or if the employee ignored the notice to appear for the book or to give permission to send it by mail.

This video will tell you how to quit your job the right way:

The rules for counting 14 days upon dismissal are extremely simple. Two weeks are added to the specified date. Weekends and holidays that will occur during this period do not need to be deducted. In practice, there are situations when the last day of work turns out to be a weekend or holiday. The law sides with the employer: in such a set of circumstances, the person must be fired on the next working date. This is stated in Art. 14 Labor Code of the Russian Federation. Why is work needed? The required two weeks of work is a benefit for both the employee and the employing company. The company gets time during which it can find a replacement specialist. The employee has the opportunity to consider leaving the company and withdraw the application if the two-week period has not expired and a new employee has not filled the vacant position.

Dismissal with 2 weeks of work: how to calculate the terms correctly?

Labor Code of the Russian Federation).Dismissal with 2 weeks of work: how to count taking into account holidays. Another pressing question is how to count two weeks of work upon dismissal if they include holidays. For example, an employee notified his employer of his planned dismissal on December 28, 2016.

Accordingly, all New Year's holidays were included in the working period (Article 112 of the Labor Code of the Russian Federation). Does it need to be extended now? In accordance with the Labor Code of the Russian Federation, a period calculated in calendar weeks includes non-working days and expires on the last day of the corresponding week of the period (Art.

14 Labor Code of the Russian Federation). In addition, there are no special rules in the Code stating that the employee must work the specified 14 days before dismissal - not be on vacation, not be sick, etc. (Letter of Rostrud dated 09/05/2006 N 1551-6).

How to correctly count 2 weeks of work for dismissal

The boss puts a mark of receipt on it and returns one copy to the employee. The next important step is to work for two weeks. The legislation, in fact, does not provide for the person leaving the institution to work out exactly this period, that is, it is not always necessary to work during this specified period of time.
The main thing is to warn management about dismissal in advance. And if the employee is on sick leave or on vacation at this time, then this time will also be counted towards the 2-week period.
In accordance with Art. 127 of the Labor Code of the Russian Federation, an employee can demand leave followed by dismissal, and this will not depend on the duration of the leave. But the director is obliged to pay the employee and issue him a work book on his last working day, and not, for example, on the last day of vacation.

How to count two weeks of work upon dismissal

Working period upon dismissal: is it necessary to work after writing an application? Contrary to popular belief, working 14 days upon dismissal (actually being at the workplace) is not mandatory. Labor legislation does not contain the concept of “working off”.

We are talking only about the minimum period of notice of upcoming dismissal. Therefore, it does not matter whether the employee actually works during this period, whether he is on vacation or on sick leave.

Attention

In the last two cases, the notice period is not extended. Rostrud also points to this in one of its letters - “On the procedure for dismissal ...” dated 09/05/2006 No. 1551-6.

How to correctly calculate 2 weeks of work upon dismissal

Check employee salaries with the new minimum wage. From 05/01/2018, the federal minimum wage will be 11,163 rubles, which is 1,674 rubles more than now. This means that employers who pay their employees at the minimum wage must raise their wages from May 1.
< … Главная → Бухгалтерские консультации → Увольнение Актуально на: 31 января 2017 г. Сколько должен отработать работник при увольнении по собственному желанию? По общему правилу 2 недели.

It is within this period that the employee is obliged to notify the employer in writing of the termination of the employment contract on his own initiative. How do you count 14 days upon dismissal? As stated in the Labor Code of the Russian Federation, the specified period begins on the day following the day the employer receives an application for dismissal from the employee (Article 80 of the Labor Code of the Russian Federation). Let's look at a specific example of how 14 days of work is calculated. Appraiser Pogodin M.V.

Online magazine for accountants

Absence from work is not always absenteeism. The employee is sick, but did not warn the employer about it and does not get in touch. In such a situation, can an employer count absenteeism to an employee with all the ensuing consequences?< …

Important

It is impossible to give a resigning employee a copy of SZV-M. According to the law on personal accounting, when dismissing an employee, the employer is obliged to give him copies of personalized reports (in particular, SZV-M and SZV-STAZH). However, these reporting forms are list-based, i.e. contain information about all employees.

How to correctly count 2 weeks when leaving with service?

It is these 14 days that are recognized as the working period. During this period, both parties can take actions and decisions that have significant consequences for future activities:

• the employee knows exactly the moment of termination of work, so he can properly complete the current work;
• 14 days before the day of dismissal, the employee can decide on further employment;
• management, having a reserve of time according to the Labor Code of the Russian Federation, has the opportunity to switch work processes to another specialist, as well as find a new qualified employee on the labor market.

As soon as a citizen has written a letter of resignation, the general course of further actions does not depend on the administration of the enterprise, since it has no right to prevent the termination of work.

How to correctly count 14 days from the date of writing a resignation letter?

The notice period for dismissal is at least 14 days (2 calendar weeks), however, as follows from the above norm, other deadlines may be set forth in other legal norms. Here are examples indicating the norms of the Labor Code of the Russian Federation: Subscribe to our channel in Yandex.Zen! Subscribe to the channel

• 3 days, if the trial period has not expired (Article 71);
• 3 days for employees whose work is seasonal (Article 296);
• 3 days, if the contract period is no more than 2 months (Article 292);
• 1 month if the person resigning holds the position of head of the company (Article 280);
• 1 month for coaches or athletes if their contract period exceeds 4 months; at the same time, it is allowed to increase the notice period in the employment contract (Article 348.12).

If for some reason an employee has forgotten about the end time of the work period, HR specialists must independently prepare all the documents for terminating the employment agreement and submit a dismissal order to the manager. Thus, the first day of work is considered to be the next calendar date after the date of official delivery of the application.

For example, submitting such a document on March 17 means that the 14 days of work begins the next day, i.e. 18th of March. In which days is the time for working off calculated? Since the standard rule for calculating procedural deadlines indicates the need for calculation in calendar days, a similar condition will fully apply to the period of working out.

Starting from the day following the moment of delivery of the application to management, 14 days begin before the legal fact of termination of the employment agreement.

From what date does the working period start counting upon dismissal?

The basic rules for dismissal, including how 14 days of work is considered, are prescribed in Article 80 of the Labor Code. The application, personally written by the employee, is recommended to be written in two copies: one with the signature of the manager who has read the document remains with the resigning employee, and the second must be transferred to the personnel service or accounting department to assign an incoming number.

The manager, when signing the application, is obliged to indicate on it the date of familiarization. The service period begins the next day after the employer receives a document confirming the employee’s desire to resign.

The end of the work period and non-standard cases You can count 14 days of work according to the regular calendar. It is worth noting that non-working days and holidays are also counted towards this period.

• Moving and a new place of residence or sending a spouse to a new location or abroad.
• Moving to a new place, if it is impossible to live in the previous one, due to health problems (must be confirmed with a medical certificate).
• Inability to do your job due to health problems.
• Caring for a child who has not yet reached 14 years of age or caring for a disabled child, it can also be caring for a sick relative or a disabled person of the 1st group.
• pregnant women or those raising 3 or more children under 16 years of age.
Summarizing all of the above, I would like to note once again the date from which the period of service upon dismissal is set - the countdown starts from the next day after the employer receives the employee’s statement of desire to resign.

Among the list of guarantees provided to all participants in labor relations, the notice period when filing an application for voluntary resignation is of great importance. Not every employee will immediately answer the question of how much work is required upon dismissal - 14 working days or calendar days, but the mutual rights and responsibilities of management and employee depend on this.

Legal grounds for working off upon dismissal

In order to respect the interests of both parties to the employment contract, the legislation establishes an important rule for dismissal at the initiative of the employee - a statement with the specified requirement must be handed to management no later than 14 days before the expected departure from work. It is these 14 days that are recognized as the working period.

During this period, both parties can take actions and decisions that have significant consequences for future activities:

• the employee knows exactly the moment of termination of work, so he can properly complete the current work;
• 14 days before the day of dismissal, the employee can decide on further employment;
• management, having a reserve of time according to the Labor Code of the Russian Federation, has the opportunity to switch work processes to another specialist, as well as find a new qualified employee on the labor market.

As soon as a citizen has written a letter of resignation, the general course of further actions does not depend on the administration of the enterprise, since it has no right to prevent the termination of work. After 14 days, an administrative document (order) must be issued, which will terminate the employment agreement, and the employee will receive a full payment of monetary remuneration.

From what moment does the countdown begin?

How to count 2 weeks of work for voluntary dismissal, since a mistake even for one day can lead to financial and other negative consequences for each party to the labor relationship? The legislation provides a clear answer to this question.

Art. 14 of the Labor Code of the Russian Federation is devoted to the procedure for determining and calculating all procedural deadlines that arise in the course of work. The accuracy of the calculation of such time periods may result in potential disputes between management and personnel, which could lead to litigation. Time limits in labor law are calculated taking into account the following features:

• each legally significant period of time established in the Labor Code of the Russian Federation is subject to calculation in calendar terms;
• the course of any period associated with the termination of employment relations begins the next day after the commission of a legally significant action or decision;
• calendar periods include both working days and weekends, holidays and other days on which work activities are not carried out legally;
• the period of time in calendar terms cannot be interrupted or extended without the additional mutual will of the parties.

Thus, in order to find out from what day work begins upon dismissal, it is enough to know the date of the official presentation by the employee of the application for future termination of work at the enterprise on his initiative.

Since this document is drawn up in writing, its receipt must be recorded by the administration of the enterprise according to the general rules of office work. The day after this event, the countdown of the two weeks provided for work begins.

This rule fully applies to cases where the employee does not have an obligation to work 14 days (objective impossibility of continuing work, etc.). In this case, the day the application is written also means that from the next day the employee is subject to dismissal if he indicates this date in his application.

At the enterprise, the responsibility for calculating the calendar period for terminating the employment relationship rests with officials of the personnel service. Upon receiving the employee’s request, they must make a note in the specialist’s personal personnel file indicating the date on which the employment contract is subject to termination.

If for some reason an employee has forgotten about the end time of the work period, HR specialists must independently prepare all the documents for terminating the employment agreement and submit a dismissal order to the manager.

Thus, the first day of work is considered to be the next calendar date after the date of official delivery of the application. For example, submitting such a document on March 17 means that the 14 days of work begins the next day, i.e. 18th of March.

In what days is the working time calculated?

Since the standard rule for calculating procedural deadlines indicates the need for calculation in calendar days, a similar condition will fully apply to the working period. Starting from the day following the moment of delivery of the application to management, 14 days begin before the legal fact of termination of the employment agreement.

Article 14 of the Labor Code of the Russian Federation provides for another important rule related to the end of the procedural period for working off.

If the last calendar day of a two-week work period falls on a non-working day, the legal fact of termination of the employment relationship will be the first working day following it. Thus, this principle formally implies the possibility of extending the working period by one or more days off.

One more extremely important question remains - are days off counted as working days upon dismissal? Calendar calculation of deadlines implies that the calculation includes absolutely all calendar dates of the week, month or year, including weekends and holidays. When filing an application for termination of employment, it is not necessary to additionally indicate the calculation procedure, however, determining the employee’s last day of work will directly depend on the status of the day on which the moment of dismissal falls.

If out of 14 working days most of the time is taken up by non-working days (this situation is possible during long official holidays), the administration of the enterprise does not have the right to arbitrarily extend the working period by adding such days. This fact must be taken into account when accepting an application from an employee and plan the paperwork accordingly.

In practice, this rule looks like this:

Let's say an employee handed in a notice of termination of employment on March 1. The calendar period for working off begins from the next day, i.e. from March 2 and ends on March 15. However, March 15 falls on a Saturday, which is a non-working day. Consequently, the last working day will only be March 17 - Monday, and the period of actual work will be not 14, but 16 days.