Is it possible to dismiss an employee on the weekend?
Author: Viacheslav Lyakh, lawyer of the Bilozersky Center for Regional Development
The employee went on vacation, during which he requested to be released from his duties. The day of dismissal he had indicated in the application, fell on his day off (he works in shifts). At the same time this day is a working day for the enterprise. The employer is hesitant: should the employee be released on his day off for or the next working day?
Vyacheslav Lyakh, a lawyer at the Bilozersky Office of the Legal Development Network at the NGO “Bilozersky Center for Regional Development”, explains the legislative rules that regulate this issue.
In practice, employers often refuse to dismiss employees on their day off, being guided by part 2, article 2.27 of the “Instruction on the procedure for managing work record books of the employees”, approved by the Order of the Ministry of Labor, Ministry of Justice, Ministry of Social Security of Ukraine dated July 29, 1993, No. 58. According to it, “the day of release is considered the last day of work”. However, this norm should be understood somewhat differently.
On the day of dismissal, the employee is still considered to be involved in the working relations with the employer, and in any case, Instruction No. 58 does not regulate the procedure for the dismissal of employees. This issue is regulated exclusively by the Law, the norm of which clearly indicates the right of the employee to quit whenever he wishes to do so.
In the labor legislation, namely, in Article 116 of the Labor Code of Ukraine, it is stated: if the employee did not work on the day of dismissal, then the payments due to him should be paid not later than the day following the demand for dismissal expressed by the employee.
Also, the possibility of dismissing an employee, for example, during a vacation, when he did not work, is clearly stipulated in Art. 3 of the Law of Ukraine “On vacation” dated November 15, 1996 No. 504/96-ВР.
So, the legislation does not restrict the employer in dismissing an employee on the weekend or employee’s day off. Of course, if this day is a working one for the employer. Anyway, it is essential to observe all organizational and legal norms on the work record book delivery and the order of release on dismissal.
P.S. The offices of the Legal Development Network are created and operate with the support of the program “Human Rights and Justice” initiative of the International Renaissance Foundation.
The views reflected in this material belong to its authors and may not coincide with the opinion of the International Renaissance Foundation.
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