The cut fell on the day off. If the day of dismissal falls on a public holiday. Termination of the contract in the absence of an employee

If an employee is dismissed by a certain number, which falls on a day off, a logical question arises - is it possible to carry out the dismissal on a day off. Consider what the legislation says about this. When analyzing this situation, it should be noted that a specific employee may have weekends, or weekends at the enterprise can be taken into account (if a five-day or six-day working week is established), as well as holidays and non-working days established by law.

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

In a situation where an employee leaves of his own free will, and the term of work ends, falling on an employee's day off, his dismissal should be carried out the day before.

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

Why is it important to fire on the day before the weekend. The fact is that the day on which an employee leaves is considered his last working day. Thus, he must complete it completely. Sometimes employers change the dates of dismissal. In the order, they indicate the date of dismissal, which goes according to the law, but in fact, the day following the weekend is set in labor.

Or, conversely, all settlements are carried out with the employee on the eve of the day of dismissal, and the order and all papers are drawn up on a day off. Whether this is legal, neither the labor body nor the court explains. Apparently, in the event of the dismissal of an employee on their own, 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, in the event of an end employment contract a date that falls on a day off. In any case, the concept of a day off should be considered, and 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 the day off of a particular employee.

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 an 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 payroll at the enterprise, a work book, the order of dismissal must be signed in the column “familiarized”.

But here's the situation: the day of dismissal falls on a day off, and the employee is on sick leave. How to proceed? Based on the provisions of the 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 being personally at the enterprise. In accordance with the norms of labor law, the period of the so-called two-week work begins on the day when the employer received a written application from the employee. The calculation of the two-week period begins on the next day. Accordingly, if the employee submitted the application on Friday, then theoretically, the day of the two-week deadline should start on Saturday.

But, in practice, the order of dismissal is issued by the same number that is indicated in the employee's application. It is forbidden to delay the dismissal of an employee, and to keep his work book. In fact, it turns out the following: an employee who is on sick leave has worked two weeks due upon dismissal, without leaving the sick leave. The employer issues an order on the same day when the dismissal should take place. In fact, the employee did not go to the enterprise for documents, because he is being treated. After that, you need to send a copy of the order of dismissal to the employee, and a notification of the need to appear for work book.

Thus, if the day of dismissal falls on a day off, settlements with the employee should be made the day before. In case of liquidation of the enterprise, or reduction, the last actual working day of the employee, before the weekend, is considered the day of dismissal. 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 days off.

Among other ways to terminate an employment contract, redundancy dismissal stands out. The fact is that, among other types of dismissal provided for by the Labor Code (Labor Code of the Russian Federation), this is the most time-consuming, but at the same time, perhaps the most guaranteeing the observance of the employee's rights.

Tom, what an employee and employer need to know when downsizing, and I dedicated this article.

The dismissal of an employee for staff reduction in the Labor Code of the Russian Federation is included in Article 81, which considers all cases when an employment contract is terminated by the employer.

○ Dismissal due to staff reduction.

✔ TC on dismissal due to staff reduction.

Article 81 of the Labor Code of the Russian Federation combines both cases of dismissal for absenteeism, violation of discipline or labor protection measures, and cases when an employee leaves, although he is not guilty of anything (these include, in addition to downsizing, the liquidation of an organization, for managers, their deputies and chief accountants - change of the owner of the organization).

The Labor Code of the Russian Federation does not decipher what is the difference between downsizing and downsizing. In practice, the difference is also insignificant and consists only in the fact that with a reduction in the number of positions in staffing table remains, but there will already be fewer employees (for example, instead of three managers, there will be one in the department).

With a reduction in staff, a specific position is generally excluded from the schedule (for example, the position of a personnel officer is abolished at an enterprise, and his duties are transferred to an accountant).

✔ Who can and cannot be reduced?

Despite the fact that the reduction in the number or staff of employees depends entirely on the initiative of the company's management, the law provides for certain benefits for a number of categories of employees.

I'll tell you more about them below. In the meantime, I will say that when reducing, there is a rule about predominantly leaving the workplace... Art. 179 of the Labor Code of the Russian Federation provides that first of all workers with lower qualifications and lower labor productivity should be dismissed in case of redundancy.

In practice, this usually means that reduce primarily employees with less work experience as seniority usually implies experience.

When reducing, the results of qualifying exams, the education of the employee (in the same position, an employee with higher education will enjoy an advantage over a colleague with an average special), as well as the indicators achieved by each of the employees in the previous period.

The Labor Code of the Russian Federation and other acts also require that the following employees enjoy the advantage when leaving work:

Having disabled children.
Single mothers and fathers.
The only breadwinners.
Disabled or occupational disease obtained at this enterprise.
War invalids.
Heroes of the USSR and the Russian Federation, holders of the Order of Glory.
Victims of the Chernobyl disaster and the Semipalatinsk trials.
Improving qualifications in the direction of the organization, combining training with work.
Employees-inventors (oddly enough, the USSR Law "On Inventions in the USSR" is still in effect in this part).

In addition, some employees cannot be dismissed by the employer at all, except at their own request, agreement, or for misconduct.

With regard to the reduction, in addition to the usual benefit recipients, members of the management of trade unions not lower than the workshop level cannot be dismissed.

It is prohibited to dismiss the elected representatives of the collective of employees who participate in the resolution of disputes with the employer.

✔ The main reasons for the reduction.

The law does not directly establish in what cases the employer has the right to reduce the number or staff of employees.

The Constitutional Court of the Russian Federation, in its ruling No. 867-О-О of 18.12.2007, established that this is the employer's right in cases where it is required by economic necessity.

However, in turn, the Supreme Court of the Russian Federation, by ruling No. 19-B07-34 of 03.12.2007, introduced a rule that in the event of a dispute, the court has the right to verify the necessity and justification of the reduction.

Thus, an employer wishing to take such measures needs to order on the reduction, indicate the reasons for the dismissal.

As a rule, the reasons forcing to lay off workers are:

Low profit of the enterprise and inability to pay salaries to the previous staff.
The low efficiency of the previous staff and the presence of posts that are not needed.
Changes in the technology or organization of production, in which some of the workers are unclaimed.

✔ The necessary conditions.

Dismissals of workers to lay off are possible provided that the employer meets a number of conditions

Full and strict adherence to the reduction procedure prescribed by law.
If the enterprise previously concluded collective agreements with employees, or the employment contracts of the dismissed contain additional guarantees upon dismissal, they must also be respected.
Justification of dismissal.
As already mentioned, in the event of a dispute, the court has the right to check to what extent the dismissal was justified economically and organizationally.
Employment service notification.
Separately, this point is worth highlighting, since some employers manage to completely forget about this requirement, as a result of which they are then forced to pay fines and pay employees forced truancy.

✔ The procedure, procedure and rules for dismissal for redundancy.

Reduction of staff for any enterprise is a rather complicated procedure, and a violation at any of its stages is fraught with a fine or legal proceedings for the employer.

Dismissal should be made in the following order:

The management of the enterprise issues an order on the planned reduction at least two months before the employee is to be dismissed (Article 180 of the Labor Code of the Russian Federation). Each of the employees to be dismissed is warned personally about the expected reduction and reads the text of the order against signature. However, one should not confuse the order to lay off the staff with the order to dismiss a specific employee - such orders are issued much later, when the deadline for dismissal is due.
Employees who are subject to layoff, the management of the company is obliged to offer any other position that meets the qualifications of the dismissed employee. It should be remembered that the offer of another job is not a one-time action: the employer is obliged to notify the dismissed about the vacancies that open at the enterprise until the very termination of the employment contract. The employee must either accept the offer and continue working in another position, or refuse - and the refusal must also be recorded in writing, with the date and signature of the employee.
The employer notifies the trade union organization, if such exists in the enterprise. The notice period is the same as for workers, but in the event that a mass layoff is planned, the trade union should be warned not two, but three months in advance. This rule is established by the definition of the Constitutional Court of the Russian Federation. In turn, the trade union must express its opinion on the dismissal within seven days. If the trade union does not agree to lay off workers, then according to the law, positions must be agreed within three days. If, in this case, no agreement was reached, the employer has the right to dismiss the workers, but the trade union can appeal this decision to the Federal Labor Inspectorate (Rostrudinspektsiya). The inspectorate, in turn, may recognize the dismissal as illegal and demand the reinstatement of the dismissed at the previous place of work with payment compensation and for forced absenteeism. The decision of the Federal Labor Inspectorate can be appealed by the employer in court.
In addition to the trade union, the employer warns the employment service within the same timeframe (two, in case of mass dismissal - three months).
If within two months the employee has not agreed to any of the vacancies offered to him, the employer issues an order for dismissal to reduce the staff. The order is usually issued according to the unified form T-8. In this case, the employee is issued a work book, a salary is paid for the days worked in the last month of work and compensation for unused vacation days (depending on the time worked since the last vacation). The most important thing is for the employee in accordance with Art. 178 of the Labor Code of the Russian Federation is paid severance pay... Its size is not less than the average monthly salary, but according to an employment contract or collective agreement with employees, the allowance can be increased.
If the employee, after dismissal, was registered at the labor exchange, but was not employed, former enterprise for two months continues to pay him the average monthly salary (but deducting the severance pay already received).
If the employee agrees, he can resign on the reduction and before the expiration of the two-month period. In this case, the employer pays him, in addition to the severance pay, also the salary for the unworked time between the day when he actually quit and when he should have quit according to the employer's plan. In addition, the employment contract or collective agreement may provide for other benefits for the reduction of staff.

The order on the planned dismissal for redundancy - not less than two months in advance;
Employment service warning and trade union organization(if it is at the enterprise) - not less than two months, in case of mass dismissal - not less than three.
The term for the payment of wages for the worked part of the month, compensation for unused vacation and severance pay - no later than the day of dismissal.
Payment terms average salary for an employee registered with the employment service, but not employed - up to two months.

Violation of these terms can lead to a fine for individual entrepreneurs - up to 50 minimum wages, for legal entities- up to 500 minimum wages.

Find out if you can be fired on a weekend if the warning period expired outside of working hours. In the article you will find a dismissal date calculator and a set of documents.

In the article:

Is it possible to carry out a dismissal on a weekend

Termination procedure labor relations on weekends or non-working holidays is not spelled out in the current labor legislation. There is also no direct prohibition on termination of an employment contract on the initiative of an employee during the specified period. Given the fact that there are no clear instructions on this in the legislation, the employer has the right to act at its own discretion, taking into account general provisions Labor Code of the Russian Federation and judicial practice.

★ Experts of the "Personnel business" magazine will tell

If you have to carry out a dismissal of your own free will on a day off in 2019, you must choose the least controversial and conflicting way out of this situation. In personnel practice, such situations arise periodically. This is due to the fact that a retiring 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 terms of the warning in either case were met, it is necessary to act taking into account the current situation, taking into account whether the date of dismissal can be a day off.

In general, the notice period is two weeks, which begins to expire on the next day after the date of filing the application for dismissal. If it falls outside of working hours, personnel officers do not always clearly understand whether it is possible to issue a dismissal on a day off or termination of an employment contract will have to be carried out on the first working day after a weekend or holidays, to issue the required documents and the final payment to the employee.

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 when to make the final calculation, whether it is possible to date the order as a non-working day, what date to issue the termination of the employment contract, and so on.

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

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

An example of dismissal on a non-working day

Manager Markin works on a five-day working week with weekends Saturday and Sunday, on April 25, 2018, he applied to fire him on May 9, 2018 (Wednesday is a non-working holiday). The organization issued Markin with a work book and made the final payment on Friday, May 8, 2018. Day of dismissal of Kondratyev in the work book, order of dismissal and other personnel documents indicated on May 9, 2018 in accordance with the statement and desire of the employee.

An expert from Sistemy Kadry will tell you in detail, is it possible to fire an employee on his day off... The article describes the order of actions of the employer if the date of termination of the employment relationship fell outside of working hours.

How to formalize the termination of employment if the day of dismissal fell on a day off

By general rule dismissal is carried out on the last working day, it cannot fall on a weekend or a holiday. In this case, the employee will not be able to receive the labor due to him cash and other documents. Referring to the fourth part of Article 14 of the Labor Code of the Russian Federation, some employers draw up the termination of labor relations on the first working day after the end of the weekend or holidays. Other employers postpone the procedure to the latter working date before the onset of non-working hours. We do not recommend doing this, as the employee has the right to withdraw the application for dismissal.

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

If the day of dismissal falls on a weekend, we recommend using the first option. Your colleagues use it most often in their practice. For example, an employee works on a five-day basis, Saturday, Sunday for him and the enterprise as a whole is considered a weekend. 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 the termination of an employment contract the day before is also applied in practice. This approach is aimed at protecting the interests and rights of an employee who is going to leave, and the day of dismissal falls on a day off. In the considered example, all documents and the final settlement are issued on Friday. On Monday, the employee is considered completely free and can start looking new job or solving your problems.

The same can be done in the case of a large number of holidays, when some days off are postponed. In such a situation, the employee theoretically will lose even more time, waiting for the issuance of labor and 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 look for a new job. So, if the day of dismissal fell on a day off or a non-working holiday, the manager issues an order the day before, for example, on Friday.

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

An expert from Sistemy Kadry will tell you in detail, on which day you need to terminate the employment contract and issue all the necessary documents if the term of the employment contract ends on a day off.

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

In a shift mode, 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 resting due to a five-day period. That is, for the administration, the day of dismissal falls on a day off. How to fire an employee in this case?

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

Dismissal on holidays and weekends is carried out as follows:

The management notifies the personnel officer and accountant in advance that they will have to go to work on the indicated days;
The personnel officer gives the employee a list of the necessary documents.
The accountant makes the final settlement.

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

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

Hello, Natalia!

2. Also, they do not have the right to fire for absenteeism, if you already have your work record book with a corresponding record of dismissal on reduction, in which case your signature in agreement, I believe, is null and void.

3. If it is "May 31" and you do not have your work book on hand, then taking into account the date of your request for advice (1 day before May 31), I believe that in the absence of a workplace, a closed report card, the new structure of your position, issued in the hands of the calculation, the lack of a staff unit, during these days off, you must apply to the prosecutor on duty with an application to conduct a prosecutor's check for an attempt by the employer to engage you in forced labor without a proper registration of an employment contract and without payment. In this case, you must come to work only for a work book and, when applying for a work book, declare that you have applied to the prosecutor's office to protect your rights and legitimate interests. But in this situation, I am almost sure that I will have to go through the judicial procedure for considering such an incident.

It should also be said that if you had a five-day work week, then according to Part 3 of Art. 84.1. Labor Code of the Russian Federation, your last day of work is 05/29/2015. According to Part 1 of Art. 113 of the Labor Code of the Russian Federation, the employer does not have the right to attract an employee to work on his day off. Based on the meaning of this article (part 1 of article 113 of the Labor Code of the Russian Federation), the employer is all the more not entitled to attract an employee to work after his dismissal.

Question: An employee of the organization has filed a letter of resignation. The accounting department and HR department work on a five-day working week. The employee works on a shift schedule, and his last working day (work shift) falls on Saturday. On what day is the employer obliged to make the final calculation and issue the work book to the employee upon dismissal: on the Monday following the last day of the employee's work (on the day of work of the accounting and personnel service), or on Saturday (with the involvement of the accounting department and the personnel department to work on the day off)?

Answer:
FEDERAL LABOR AND EMPLOYMENT SERVICE

IN Legal Department Federal Service on labor and employment, the request was considered. We report the following.
In accordance with Art. 84.1 Labor Code Russian Federation(hereinafter - the Code) the day of termination of the employment contract in all cases is the last day of the employee's work.
If the last day of the term of the employment contract falls on a non-working day, then the next working day following it is considered the day of the end of the term (Article 14 of the Code).
If an employment contract is terminated with an employee who has a shift work schedule, then the date of termination of the employment contract is the date of the last working day, including that falling on a weekend or a non-working holiday.
In accordance with Art. 84.1 of the Code, the employer is obliged to issue the employee a work book on the day of termination of the employment contract and make a final settlement with him in accordance with Art. 140 of the Code.
This rule also applies to employees who are subject to dismissal on a weekend or a non-working holiday.

Deputy Chief
Legal Department of Rostrud
A.P. Emelyanov
18.06.2012

Thus, if you had a five-day working week, then in such a situation (let me remind you: if the notice of the reduction reads "May 31" and you do not have your work record book on hand), the personnel department is wrong, if shift work, then right.

As a general rule, the employer dismisses an employee due to a reduction in the number (staff) on the day specified in the warning given to this employee. In our opinion, if the employer on the day recorded in the warning did not exercise his right to dismiss the employee, then by analogy with the norm of part six of Art. 80 of the Labor Code of the Russian Federation, the labor contract continues. If, after missing the term for dismissal, the employer has not abandoned the intention to reduce the corresponding staffing unit, then the dismissal procedure should be restarted. In particular, the employer must once again notify the employee against signature of the expected date of dismissal at least two months before this date.

ConsultantPlus: Forums

There are no special rules for calculating the period of notice of dismissal in connection with the layoff, therefore, it is calculated on the basis of general norms (Article 14 of the Labor Code of the Russian Federation) (see also the definition of the Volgograd Regional Court of 03/02/2011 N 33-2886 / 2011).

Dismissal on a weekend or holiday (Kurevina L

However, since a lot of litigation arises in connection with the postponement of the day of dismissal to another day due to its coincidence with the day off, we recommend that employers avoid such situations if possible, in particular when dismissing at the initiative of the employee. To do this, even at the stage of accepting the application, you need to ask the employee to indicate the date of dismissal, which will be his last working day. And the employee, before writing a statement, should count 14 calendar days and one day according to Art. 14 of the Labor Code of the Russian Federation. If the day of submission of the application falls on a weekend, it just needs to be postponed, since by virtue of Art. 80 of the Labor Code of the Russian Federation, the notification period should not be exactly two weeks, but at least two weeks.

Where is it said? Paragraph 4 of this article clearly sets out the procedure for regulating legal relations in the event that the last day of the term falls on a non-working day. 2 examples. In case of an administrative offense, a person has the right to appeal against the decision to engage within 10 days, if, for example, the 10th day (the last day of appeal) falls on Sunday, then it is postponed to Monday and it turns out that formally the person had not 10, but 11 days. Second example. For example, filing a claim with the requirement to return money for the goods inadequate quality(we submit a claim on November 17, within the period from the next day - the end of the period is November 27), the seller must satisfy the requirements by November 27, but if the seller has this day off, then the last day will be November 28. In the first case, the complaint will be required to accept on the 11th day, and if they refuse, the court or a higher court, with sufficient arguments, recognizes such a refusal to be illegal, in the second case, the consumer will not be able to collect a penalty.

Dismissal on a non-working day: how not to violate labor laws

Consider another option for a way out of this situation - to issue an order on the first working day after the weekend specified in the notice of dismissal, and on the same day to fulfill the requirements of Art. 47 Labor Code. This will also help to avoid violations, but it has other unpleasant consequences. In particular, a person dismissed “late” may apply to the court with a request to move the date of dismissal, citing the fact that he considered the decision to dismiss him as canceled, and therefore stopped looking for a job.

The date of dismissal in the case under consideration will depend on how the notice is worded, namely, it indicates the specific date of dismissal (January 10, 2015) or the period of time after which the employee must be dismissed (for example, two months).

Dismissal on a day off

- send him a notice of the need to appear for a work book or agree to send it by mail (part 6 of article 84.1 of the Labor Code of the Russian Federation). From the day the specified notification is sent, the employer is released from liability for the delay in issuing a work book;

Is it possible to fire an employee on a day off of his own free will

What nuances should be considered in such a situation? If an employee leaves "on his own", then in 2 weeks he can change his mind. Thus, an unpleasant situation will turn out, at the same time they will go to work new employee and the old one who decided not to quit. To prevent such a situation from arising, it is worth registering a new specialist according to all the rules.

The day of dismissal fell on a day off: the actions of the employer

Does the day of dismissal fall on a day off according to the schedule? Or is it just a generally accepted legal holiday? In such a situation, it is recommended to put down in the order of dismissal on the last working day the one that was actually worked by the citizen. Accordingly, all actions are carried out with just such a dating. Hiring saves employers a lot of problems.

If the day of dismissal due to redundancy falls on a weekend

The notice usually always states the date of dismissal. Meanwhile, we must not forget that a warning two months in advance is only the minimum period for which the employer is obliged to warn the employee about the upcoming layoff, you can safely warn three months in advance. Labor legislation it does not prohibit it.

Reduction day falls on a weekend

State holidays and holidays days (part 1 of article 147) falling on the vacation period are not included in the number of calendar days of vacation and are not paid. As you can see, Art. 151 does not provide for any exceptions in terms of inclusion in the duration of the vacation holidays and public holidays on weekends.

What is the day of dismissal under the Labor Code and what to do if the day of dismissal falls on a day off

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

Reduction date falls on a weekend

- Long holidays greatly affect industrial production, which annually in January alone loses about 10% of its revenue. With the adoption of the bill, the number of rest days will decrease, which will partially solve the problem of reducing the working time fund ”.

Layoffs and layoffs

For example, in the event of a layoff, the employer may terminate the agreement on the date the two-month notice period ends. At the same time, a number of judgments 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 based on Art. If the last day of work is a day off, the employer may oblige the employee to take a shift on weekdays. This rule is spelled out in the Labor Code and respects the rights of both parties.

If the day of dismissal falls on a weekend: what to do

Personnel officers often refer to part 4 of article 14 of the Labor Code of the Russian Federation "Calculation of terms" and apply it precisely when the day of the expiry of the notice of dismissal falls on a day off. But taking into account the above reasoning, the employer's obligation to apply to a dismissal that falls on a day off, the provisions of part 4 of article 14 of the Labor Code of the Russian Federation on the postponement of dismissal to the next day after the day off is absent. In this case, on the last day of the employee's work at of this employer will be a day off, and the last working day will be the working day before the weekend.