The day of dismissal is considered a working day according to Article TC. Norms of legal regulation of relations between employee and employer

Disturbances when the date of dismissal or termination of the contract falls on non-working days often occur. An entrepreneur or HR department employees have to rack their brains over the question of when to fire if the day of dismissal falls on a weekend or public holiday? Let's figure out what the Labor Code prescribes in this situation and what the risks of errors during registration are. To do this, we propose to consider situations that occur most often in practice.

Dismissal on non-working days

Let's figure out whether dismissal on a day off is possible, and what date needs to be entered in the documents. There are polar points of view on this matter, supported by Articles 14 and 80 (Part 1) “ Labor Code» Russia. According to the law, if the dismissal falls on a weekend, the order must be issued either on the next working day preceding it (Article 80, Part I), or the next (Article 14, paragraph 4). There are no direct indications in the law that an employee cannot be fired on a non-working day. Termination of a contract on weekends is permissible if:

this date falls on the contract expiration date,
the employee indicated this date in his resignation letter,
If holidays transferred to workers.

We propose to consider several situations in practice.

At the request of the employee

Care by at will assumes that the employee informs of his intention in advance. The Code defines a period of 14 days. But a person does not always know exactly how to count these two weeks and may indicate the number incorrectly. As a rule, when dismissing by mutual agreement, no problems arise. However, no one has canceled the obligation to issue a calculation and complete all documents without delay.

Delay in issuing a work book or monetary compensation is regarded as a violation of rights.

So it's better to end everything necessary procedures the previous day. Why is it important? The employee must spend the day of dismissal at work. But if a person has already found a new place of duty, this will create additional difficulties for him.

As you can see, dismissal is at the end working week convenient for everyone. But what if an employee needs to go to work on Monday? The law establishes a period for working out of at least two weeks. Therefore, if the last working day falls on Sunday, management has the right to oblige the resigning employee to work on weekdays. Such a requirement is completely legal and is not considered a violation.

Holidays on the calendar are counted slightly differently, as the Christmas holidays sometimes last more than a week. An increase in the working period would be unlawful. But the law allows you to terminate the contract earlier.

The employer needs a two-week period in order to find a replacement personnel unit. Deciding whether to use it or not is solely his prerogative.

Thus, the dismissal procedure must be completed before the holidays.

What nuances should be taken into account in such a situation? If an employee leaves “on his own”, then within 2 weeks he can change his mind. This will create an unpleasant situation; they will all go to work at the same time. new employee and the old one who decided not to quit. To similar situation has not arisen, it is worth registering a new specialist in accordance with all the rules.

To do this you need:

remove a dismissed employee from the staff,
register this event with an entry in the labor record,
issue an order to hire a new specialist.

If the requirements are fully met, the employee will not be able to reconsider his decision to quit, since the position has already been taken.

For staff reduction, liquidation and reorganization of an enterprise

If the contract is terminated by the employee himself, as a rule, there is no reason for litigation. In addition, it is always possible to discuss with the employee what date to write the application. In case of dismissal due to reduction, former employee may file a lawsuit for infringement of rights. To prevent this from happening, you need to formalize the dismissal procedure in accordance with the letter of the law.

In case of liquidation or organization of an enterprise, as well as reduction of staff, the relations of the parties are regulated by Art. 81 Labor Code of the Russian Federation. The law requires notice of dismissal 2 months in advance (this period can only be reduced by bankruptcy of the enterprise). It is also necessary for the employee to confirm by signature that he has been notified of the upcoming dismissal.

IN in this case The date of termination of the relationship is considered to be the last working day. If the company has a standard “five-day work week”, dismissal occurs on Friday.

Dismissal of an employee working on a schedule

The explanatory letter of Rostrud numbered 863-6 for June 2012 contains instructions that when shift schedule work, the dismissal of an employee whose employment contract has expired is regulated by Art. 84 Labor Code of the Russian Federation. According to the document, the date of dismissal of an employee should be considered the last day of work, even if it falls on a Saturday or Sunday. The procedure is carried out in general procedure which is prescribed by the code.

To fire an employee you must:

Provide written notice (at least three days in advance) of the expiration of the contract;
Issue an appropriate order, indicating Art. 77 (part 2 clause 1) of the Labor Code;
On the last (according to the individual schedule) day of work, issue documents and monetary compensation.

Expiration of the contract term

Today is the conclusion of the contract for certain period used by many employers. And often we're talking about not just about temporary and seasonal workers. Fixed-term contract simplifies the dismissal of any specialist. Here, dismissal on an official holiday is allowed if the end of the contract coincides with this date. HR managers need to take the schedule into account. If a person works in shifts, he is paid on the last day he is present at the workplace.

Termination of contract in the absence of an employee

In practice, it happens that an employee who is on vacation or sick has to be fired. He has the right to notify of his desire to stop working by registered mail. By law, presence at the time of dismissal is not required if there is proof of incapacity for work. In practice, situations where an employee does not go to work for a good reason within the two-week period established for work are not uncommon.

What to consider in this case:

the counting of working days begins from the next date after receipt of the application;
the order must be made on the day specified in the application;
Payment must be made before the weekend.

Upon completion of registration, a copy of the order and a notification that the documents have been prepared and can be picked up are sent to the employee’s address.

It must be taken into account that correspondence takes time to reach the addressee. Therefore, it is better for the employee to warn about his intention before going on vacation and agree on a date.

How to file a dismissal

Order in accounting documentation and personnel records are an important condition for the successful operation of the company. If various discrepancies are discovered in the dates on documents during verification, claims may follow from the inspectors. When an employee is dismissed due to layoffs or for systematic violations, such a trifle will play a negative role in legal proceedings.

The algorithm of actions does not change, regardless of whether the date of dismissal is a weekday or a weekend.

Termination of the contract is formalized through an order signed by the manager. The document contains:

personal data of the dismissed person;
reasons for dismissal with reference to the relevant law;
the date on which the document was drawn up.

The HR department employee must also prepare documents that serve as grounds for dismissal.

Regardless of whether the contract is terminated on the initiative of the employee or the employer, the employee must be notified of the expiration date labor activity In the organisation.

This fact is confirmed by a personal signature. To dismiss on weekends, you will also need an order from the enterprise for the accountant and HR officer to return to work.

Many questions arise during dismissal, both on the part of the employer and on the part of the employee. What will be the calculation procedure, which day will be considered the last working day, what rights can be exercised upon dismissal. In this case, it is important to comply with all the requirements of the law in order not to have troubles with labor inspectorate subsequently.

Exists general position about the date of dismissal, which coincides with the last working day. Meanwhile, much will depend on the circumstances of the dismissal and the grounds: whether the employee resigned of his own free will, or the dismissal occurred as a result of the liquidation of the enterprise, whether the administration and the employee reached agreement on this issue.

The Labor Code, Article 77, defines the last working day as the day of registration of dismissal.

Thus, on his last working day, the employee receives work book, signs the final papers and receives the final payment.

This situation applies to the most common option – voluntary dismissal.

Standard procedure

According to the law, an employee must notify his supervisor of his intention to terminate labor Relations of one's own free will. The employer, accepting the notice, will be guided by the right to appoint two-week work on the eve of the day of dismissal, in order to be able to select a new specialist to replace him and organize the transfer of cases.

The provisions of Article 14 of the Labor Code of the Russian Federation determine the procedure for calculating the date of dismissal: the day of official dismissal is calculated starting from the next working day after submitting the application. Thus, if an employee notified of his upcoming resignation on March 1, the 14-day countdown begins on March 2.

Dismissal at will is regulated by Article 80 of the Labor Code of the Russian Federation and occurs 2 weeks after submitting a corresponding application to management. Accounting and personnel specialists, in the process of preparing documents and making final calculations, count exactly two weeks from the notification.

If the reason for terminating the employment relationship was another reason, and the employee himself was absent due to illness or was on vacation, the algorithm for calculating days will be different.

Nuances for determining the last day

IN individual situations a citizen can resign earlier, without waiting for the expiration of the two-week period. However, this is possible only with the mutual consent of the parties - the administration of the enterprise and the resigning person. The last day will be determined based on the agreement reached.

By submitting the application, the employee has the right to independently determine the date of dismissal at his own discretion., and the administration of the enterprise retains the right to agree on the day based on the will of the person. In this case, the last working day can be agreed upon in advance.

Article 84.1 determines the end of an employee’s work activity on the day when contract of employment was terminated. The documents and calculations drawn up upon dismissal will take into account the day of dismissal as the day of the last return to work.

Dismissal due to the liquidation of the company deserves special consideration. The date of dismissal of an employee cannot occur earlier than 2 months from the date of notification. In this case, the employee must be given written notice and sign to confirm receipt of the message.

These situations relate to dismissal when an employee is at the workplace and submits for dismissal on working days.

If an employee is on official sick leave or on vacation, the procedure for calculating the last working day will be different.

IN Dismissal while on sick leave or vacation There is no clearly formulated prohibition on dismissal during temporary disability or vacation. However, you can dismiss a temporarily absent employee only with his consent. Thus, the employee has the right to set a different date of dismissal without returning to work after sick leave or vacation, but the employer will not be able to do this unilaterally.

The procedure for calculating the latter wages will be directly related to establishing the fact that the employee went to work for the last time.

The provisions of Part 5 of Article 81 of the Labor Code of the Russian Federation prohibit the administration of an enterprise from terminating employment contracts with persons undergoing treatment with issued certificates of temporary incapacity for work.

If an employee does not express his desire to resign during the sick leave period, the employer will not be able to comply with this. The last day of work will be the day you leave sick leave, on which the dismissal will be formalized.

An employee’s desire to quit on a non-working day allows him not to go to work to formalize the dismissal, but the employer is obliged to send him a notice inviting him to come to work to receive a work book and issue paychecks.

Similarly, dismissal occurs during the next annual leave– the date of dismissal can be set by the employee during the vacation period, which eliminates the need to wait until the end of the vacation to formalize the dismissal.

If an employee of his own free will decides to go on vacation subsequent dismissal upon completion, in accordance with Art. 127 labor legislation, the last day of vacation will become the day of dismissal.

Thus, the date of dismissal will not coincide with the last working day, and the employee is freed from the need to appear at work before dismissal.

When leaving at the end of your vacation, you should take into account certain nuances:
final settlements with the employee and issuance of the work certificate must be made on the eve of going on vacation;
if an employee falls ill during such a leave with subsequent dismissal, according to the explanations of Rostrud in the letter “On Leave”, adopted in 2007, the leave is not moved, and the date of dismissal is not postponed; an employee who has agreed with the employer on the day of termination labor contract

, cannot withdraw his decision, and the dismissal process becomes irreversible.

In some cases, based on the specifics of the work schedule, the day of dismissal may fall on a non-working day. However, the employer does not have the right to dismiss the employee before he returns to work. Thus, if the two-week period on the eve of termination of the employment relationship has not expired, an employee cannot be fired on a day off.

If the day of dismissal falls on a weekend, register this procedure The law does not prohibit it, but will require the consent of the citizen. However, there is general recommendation, based judicial practice, it is recommended to formalize your dismissal on the last working day.

Otherwise, the court may recognize such dismissal as illegal and contrary to the provisions of Part 4 of Art. 14 Labor Code. The court will proceed from the intentions of the resigning employee and the presence/absence mutual consent sides

When determining whether dismissal on a day off is possible, the employer must proceed from the specific intentions of the citizen. If you insist on dismissal on a day off, the employer will arrange for an accountant and a HR specialist to come to work.

If the date falling on a weekend is not important, the employee rewrites the application, focusing on dismissal on the working day following the weekend. The dismissal process is often accompanied by subsequent troubles with various supervisory authorities

and litigation. It is important for the employer to comply with all provisions of labor legislation in order to protect itself from possible claims from the employee.

Not long ago, an acquaintance of mine, an employee of a large commercial bank, received notice of layoffs due to the reorganization of the company. He learned from his colleagues at the bank that the date of dismissal indicated in the notice is not a working day and is not paid. But is this really so? An acquaintance of mine turned to me, an experienced HR officer, with this question. Having consulted a friend on this issue , I decided to write this article that will help the reader understand

what day is considered the day of dismissal and whether you need to work on the day of dismissal.

If you resign of your own free will, then the day of dismissal will be the date that you indicated in your resignation letter. For example, the phrase “I ask you to dismiss me at your own request as of August 14, 2019,” indicated by you in the application, means that the date of your dismissal is August 14, 2019. A similar rule applies if you formalize your dismissal by agreement of the parties.

The situation is a little different with dismissal due to reduction, because in this case the date of dismissal is determined not by you, but by the employer. If we are talking about layoffs due to liquidation or reorganization, then no later than 2 months before the planned dismissal, the company’s management must send you written notice. With the document, the employer notifies you of the upcoming dismissal and indicates the date of such dismissal. If you are planning to be laid off due to reorganization, then the employer is also obliged to offer you other vacancies in the company.

Date of dismissal by order

The last “line” for terminating the employment relationship between you and the employer is the dismissal order. It doesn’t matter for what reason or on what basis you resign - it is the date of dismissal by order that is final and is reflected in the work book.

I'll explain it more clearly. Let's say you wrote a statement asking to dismiss you at your own request on August 14, 2019. But after negotiations with the management, they changed their decision and decided to quit 2 weeks later - on August 28, 2019. In this case, you write the application again (with a new date), the old application is canceled.

How to determine the date of dismissal in this case? There is only one answer - only by order. You have the right to write an unlimited number of statements, changing the date of dismissal. But, in the end, you will be fired on the date indicated in the order. After all, a statement is a document that communicates your desire to quit, while an order approves the termination of the employment relationship.

If you quit on the same day, then the date of dismissal is also determined by order. The only difference is that in this case the application and the order for dismissal are issued on the same date.

The day of dismissal is considered a working day or not

Including the day of dismissal in paid work days is a popular issue not only for ordinary employees, but also for beginning HR managers.

Based on the provisions of labor legislation, the day of dismissal is a full-time working day, which is paid in accordance with the general procedure.

From the above it follows that On the day of dismissal you are required to work fully. In other words, as on a regular working day, on this day you need to show up to work on time, without delay, and leave workplace possible only after graduation working day. If you work shifts and your work shift falls on the day of dismissal, then such a shift must be worked in full, in the general order.

Many resigning employees are convinced that the day of dismissal is intended for issuing a bypass sheet and performing labor functions on this day is not necessary. I hasten to reassure you - this is not so! Until the moment you leave the territory of the enterprise (but not earlier than the end of the working day), the employment relationship with the employer is considered valid, which means that your labor obligations, namely the performance of job functions, are preserved. Drawing up reports, taking calls, meeting with clients - everything that you do on a regular working day, you are required to do on the day of dismissal.

Of course, the law provides for small “tricks” for those employees who are categorically against working on their last working day. For example, on this day you can take sick leave or vacation at your own expense. In the first case, you may not show up for work on the basis of a certificate of incapacity for work, and management will be obliged to pay you for this day in the prescribed manner.

The situation with vacation at your own expense is a little more complicated, because it must be previously agreed upon with management. If you manage to sign an application for leave at your own expense with your manager, on the basis of which an order will be issued, then on the day of dismissal you may not work, but you will not be paid for that day. If speak about modern practice, then the employer is very reluctant to sign an application for leave at his own expense on the day the employee is dismissed.

After all, it is understood that on this day management may have any work-related questions for the employee (for example, regarding the transfer of cases). Therefore, the chance that the day of dismissal will be a vacation at your own expense remains very slim.

Employer's responsibilities on the last working day

If everything is more or less clear with the responsibilities of a resigning employee, then what should the employer do on the day the employee is dismissed? And again, the answer to this question is in the Labor Code.

On the day of dismissal, you have every right to demand from the employer:

issuance of a work book;
payment for days worked, including the day of dismissal.

If on the day of dismissal you did not receive payment or the employer refuses to issue you a labor certificate, feel free to file a complaint with the labor inspectorate.

Another important point: for delaying the work record, you can recover a fine from the employer. The basis for the penalty is that from the day of dismissal to the day of actual issuance of the work permit, you are recognized as deprived of earnings due to the impossibility of employment. The employer in this case is the guilty party, and therefore is obliged to pay compensation.

No matter how strong and long-lasting the relationship between the specialist and the employing company, they may decide to part ways. In order not to break the law and comply with administrative procedures, it is useful for citizens and management to know which day is considered the day of dismissal, what duties must be performed on this date, how to resolve controversial issues and, if necessary, defend their rights.

The last day in the service is a special date when both parties to the labor relationship have additional rights and responsibilities. It is important to know about them so as not to create conflict situations and not violate the provisions of current legislation.

Article 84.1 of the Labor Code of the Russian Federation states that the last day before terminating an employment contract is the specialist’s working date, when he completes existing tasks, transfers cases, etc. An exception to this rule is a situation where a person has not previously performed labor functions, i.e. he simply retained his position.

If the employee's day of dismissal is a public holiday, Saturday or Sunday, the last day of work is postponed to the next weekday. The specialist must appear to pick up the work book, sign the order, and receive the payment. The employer has no right to force him to fulfill his duties.

If a person works on a shift schedule and the contract termination date falls on a weekend, the enterprise administration must go to work to pay and fire the specialist. He, in turn, works the scheduled hours and leaves the company.

Is the day of dismissal a working day for a person who goes on vacation with subsequent termination of the employment contract? Valid here special rule: the citizen transfers matters and completes the started issues in last date before a planned vacation. The administration issues him a work book, transfers the payment, and the parties do not meet again.

Last day before dismissal: employer responsibilities

To fire an employee who decides to leave the organization on his own initiative, in accordance with current legislation, the administration of the employing company must take the following steps:

Issue a dismissal order

The document is prepared according to standard format T-8 or T-8a, signed by the head of the enterprise and the employee himself.

The day of dismissal is considered to be the last working date of the specialist. Experts do not recommend preparing an order in advance; there is always a possibility that it will have to be canceled: the legislation reserves the right for the employee to change his mind and withdraw the application.

Important! The date of the order does not coincide with the day of the actual separation of the parties in two situations: if a person goes on vacation with subsequent dismissal or says goodbye to the company to reduce staff. In both cases, the document is prepared in advance.

If the specialist was financially responsible person, a document is attached to the order confirming that the administration of the enterprise has no financial claims against it.

Make a calculation

Having learned from what date the specialist’s dismissal day is considered, the company’s accountant is obliged to make a calculation. It includes:

wages for actual days worked;
compensation for unpaid vacation;
severance pay (if a person leaves the company on the initiative of the administration);
other payments required within a specific position.

Payments must be made on the employee's last working date.

In practice, situations are possible when a conflict arises between the parties regarding the settlement amount. If it is not immediately possible to reach an agreement, on the last day at work the person receives that part of the amount that is not disputed. Further proceedings may be carried out with the involvement of third parties (for example, the court).

If a person did not actually work in the organization (his position was simply retained), cash are paid to him no later than the day following receipt of the request for payment.

Important! Late transfer of settlement money – administrative offense. In this case, representatives of the enterprise are obliged to pay compensation to the employee for the delay.

Issue a work book

The date of dismissal is considered the last working day when the company’s personnel officers make an entry in the specialist’s work book. When this manipulation is performed, the company has no right to delay the issuance of the document to the employee. Neither the lack of a work permit, nor the presence of a debt to the organization, nor other motives are considered “valid” reasons.

If a person is not actually at the workplace, the employer has no leverage to force him to take away his work book. To relieve himself of unnecessary responsibility, he must send by registered mail with acknowledgment of receipt a request to appear for the work or agree to have it sent by postal services.

Issue other documents

On the last day of voluntary dismissal, the administration issues the employee a 2-NDFL certificate, drawn up within two last year, and a certificate for calculating sick leave, reflecting the amount of transfers to the Social Insurance Fund. Upon written application, the specialist may be provided with other documents: a copy of the employment order, transfers to other positions, information about the period of work with a specific employer, etc.

Responsibilities of the employee on the last working day

Contrary to popular belief, the last day in the company is intended specifically for execution. labor responsibilities, and not solely for carrying out procedures related to the termination of the contract with the employer. On the specified date the employee:

performs functions within the scope of his position;
completes previously started tasks;
transfers matters to his successor or colleagues;
fills out the worksheet;
receives personnel documents and calculations.

Working hours have a standard duration. Letting a person go early and releasing him from some of his responsibilities is good will, not the duty of the employer.

If on the last day of work upon dismissal an employee does not want to go to work, such behavior is considered by the employer’s administration as absenteeism. Absence from the enterprise for more than four hours without warning serves as grounds for dismissal at the initiative of the employer. A conflict with management is fraught for a specialist with a damaged work record and a “tarnished” reputation.

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The dates of the order and termination of the contract are indicated. The company administration may be held liable for incorrect execution of documents..

At the same time, the date of dismissal does not always coincide with the date, so when determining it, you need to take into account some nuances.

The main legal act regulating labor relations is the Labor Code.

Back in 2006, an additional article was added to it (84.1), according to which the date of dismissal of an employee is determined.

According to the norm of this article, the termination of the contract is dated to the last day of work at the enterprise. But there is an exception: the date of dismissal may not coincide with the last working day if the employee was actually absent from work, but the absence is paid.

In essence, this is the termination of the relationship between the director and subordinate. And the date of dismissal is the last day when the employment relationship is still valid, but terminates at the end of the working day.

How to determine the date of dismissal?

To correctly determine the cutoff date you need to know:

when the employee works his last working day;
or when the paid period without working activities ends.

The second point applies to the case when the dismissal date falls on or. For example, the dismissal date has already been determined, but on that day the employee was in next vacation or on sick leave.

An agreement was reached to dismiss the employee on July 1. But on June 25, the employee fell ill. According to the social insurance law, the entire period of illness is paid, that is, sick leave accruals will include the period indicated on the certificate of incapacity for work. This means that the relationship between the enterprise and the employee cannot end before the closure of the sick leave.

The same rule applies to an employee who took leave before dismissal. In such cases, the day of dismissal is the date the sick leave ends or the last day of vacation.

Last day at work

The last working day, and therefore the date of dismissal, must be determined taking into account the circumstances.

Dismissal at your own request

Article 80 of the Labor Code establishes that an employee who has submitted a letter of resignation is required to work for two weeks.

In this case, the period begins to run from the day the employer receives the application.

The application may indicate more late date, for example, a month. As a result, the date of dismissal will be the date indicated in the application (but not earlier than 2 weeks from the date of registration of the application).

If an employee wants to leave earlier, and the director does not mind, then the director’s visa about the date of dismissal is indicated on the application.

Important: If the last day at the company falls on a holiday, the employee is dismissed on the next working day.

Agreement of the parties

Article 78 of the Labor Code gives the director and subordinate the right to agree on the date of dismissal. At the same time it is signed. The agreement determines the date of dismissal.

Liquidation of the enterprise

O or a decision is made indicating the date of termination of the enterprise's activities. The last day of the company's existence will be the day of dismissal of employees.

It does not matter whether any of the employees were sick that day or were on leave, including maternity leave.

Reduction in headcount or staff

Downsizing measures in an organization are always planned. Two months before the reduction of employees. In this case, the date of dismissal will be the date indicated in the notice (but not earlier than two months before delivery of the notice).

Absenteeism

If the employee for a long time does not show up for work, this day will be his last day at work. But there are other cases. For example, an employee did not show up for work on June 1, but came the next day and worked conscientiously.

The employer has 3 days to register absenteeism. If the culprit was not suspended from work, and the last day of work fell on June 5, then the entry in the order will be as follows: “Dismissed for absenteeism on June 1. The dismissal date is June 5.”

Transfer to another organization

Since such a transfer is formalized through termination of the contract with the previous employer and conclusion with a new one, the date of dismissal is the date of actual termination of the contract, indicated in the order.

Cases of impossibility of continuing work

Article 80 of the Labor Code obliges the dismissal of an employee at his request without work, if he is physically no longer able to work. Such cases include:

decor ;
admission to full-time department University or vocational school;
registration of disability.

In this case, the date of dismissal will be exactly the date indicated in the resignation letter.

Indication of the date of dismissal in documents

In an application for dismissal at the initiative of an employee, the date is determined based on the conditions:

at least 2 weeks later, if dismissal with service (for example, if the application date is June 1, then the dismissal date is no earlier than June 15);
a date confirmed by documents, if (for example, indicated in a doctor’s certificate, in an apartment purchase and sale agreement, etc.).

In the order, the date of dismissal will be:

last working day;
final day of vacation or sick leave;
the day specified in the agreement or application.

An order for dismissal at the initiative of an employee must be issued on his last working day, because according to the rule of Article 80 of the Labor Code, the application can be withdrawn, then dismissal is no longer permissible.

Upon dismissal, the following dates are entered in the work book:

layoffs;
order.

They may not coincide, because the dismissal order may be issued later than the last working day.

Rescheduling dates

While the employee has not yet been dismissed (works for two weeks or the agreement period has not expired), the dismissal date can be revised. After all, as long as the relationship between the employee and the employer is not terminated, it is permissible to conclude agreements on working conditions, including on planned dismissal.

Without agreement, dates cannot be moved. After all, during the two weeks that are given for work, the employer must complete all the necessary procedures prior to dismissal:

design ;
conduct an audit (if an employee);
find another worker for this position.