What should I do if the worker's layoff day falls on a weekend? The redundancy date falls on a weekend

The employee quits. The mode of its work and the work of the administration does not always coincide. The last work shift may fall on Sunday, when the personnel department and accounting department are resting. Conversely, on the last day of the employment contract, the personnel officer and accountant may be in place, and the employee himself may have a day off. Let's figure out what to do in these cases.

The procedure for dismissing employees is the same for all employers. It is established by Art. 84.1 of the Labor Code. On the day of termination of the employment contract, the employer is obliged to issue against signature to the employee work book and all the necessary documents, as well as to make a full settlement with him in accordance with Art. 140 of the Labor Code (part 4 of article 84.1 of the Labor Code of the Russian Federation).

Regardless of the grounds for termination of the employment contract with the employee, the day of dismissal is considered the last day of his work. Exceptions are situations in which the employee did not actually work, but the place of work for him was preserved in accordance with Russian law. This is stated in Part 3 of Art. 84.1 of the Labor Code. This means that dismissal is possible on any day, including a day off. Separate specific articles that determine the procedure for dismissal in non-working days, Labor Code does not contain.

We will figure out what the employer should do in situations where the last day is a day off for the dismissed employee and when it is a day off for accounting and personnel department employees.

The last day for the employee is a day off

The date of termination may fall on a non-working day. For example, the term of a two-week notice of dismissal for own will ends on Thursday, which, according to the shift schedule, is a day off for the employee. Consider what an employer should do.

Please rewrite the statement

The employer can try to negotiate with the employee. For example, ask to rewrite the application and indicate a different, “working” date of dismissal. If the employee refuses, the employer is not entitled to unilaterally change the date of termination of the employment contract. Groundless dismissal of an employee on a different date is a violation of his rights, in particular the right to withdraw a letter of resignation (part 4 of article 80 of the Labor Code of the Russian Federation).

Note. Payments on the day of dismissal

On the day of dismissal, the employer is obliged to make a full settlement with the employee and pay all the amounts due to him, namely:

- wages for the time actually worked in the month of dismissal;

- compensation for all unused vacations;

— severance pay in cases specified by law.

The amount of compensation for unused vacation and severance pay is calculated based on average earnings in accordance with:

- from Art. 139 of the Labor Code;

- with the Regulations on the peculiarities of the procedure for calculating the average wages, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922.

The Labor Code grants the right to an employee who wrote a letter of resignation of his own free will, before the expiration of the notice of dismissal, at any time, withdraw his application, that is, until 24:00 of the last day of the term (part 4 of article 80 of the Labor Code of the Russian Federation, Ruling of the Supreme Court of the Russian Federation dated 10.08.2012 N 78-KG12-10).

The employer has the right to refuse the employee to withdraw the letter of resignation in the following cases (part 4 of article 80 and part 4 of article 127 of the Labor Code of the Russian Federation):

- an employee who is on vacation with subsequent dismissal did not withdraw his application before the day the vacation began;

- an employee who is going on vacation with subsequent dismissal has withdrawn his application, but another employee has already been invited to his place in the order of transfer;

- another employee is invited to the place of the employee in writing, who, in accordance with labor legislation and other federal laws, cannot be refused to conclude an employment contract.

We still fire on the day off

From the text of Part 3 of Art. 84.1 of the Labor Code does not follow that the dismissal of an employee is allowed only on a working day for him.

The dismissal of an employee on his day off does not contradict the Labor Code.

Please note: in some cases, the employer should not even try to change the date, for example, when leaving due to a reduction in staff. If the employee is not fired within the period specified in the notice of the upcoming reduction, or after a two-month period from the date of notice, then labor Relations continue with him. And the whole procedure of dismissal will have to be started anew.

If on the day of dismissal (his day off) the employee is absent from work, the employer should:

- send him a notification about 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 date of sending the said notification, the employer is released from liability for the delay in issuing a work book;

- make a settlement with the employee no later than the day following the day the latter submits the relevant requirement (Article 140 of the Labor Code of the Russian Federation).

Example 1. The organizer of entertainment events D. L. Zatevakhin wrote an application for a vacation with subsequent dismissal. The vacation began on November 14, 2014, and will end on November 28, 2014 - this is his day off. On November 29, he would have gone to work according to the shift schedule.

When should an employee be fired?

Decision. When granting leave with subsequent dismissal for the duration of this leave, the employee does not retain workplace. As a general rule, the day of termination of the employment contract is the last day of the employee's work - November 13, 2014, but this day in this case is not the day of dismissal.

On this day, November 13, 2014, the employer is obliged to issue a work book to D. L. Zatevakhin and make a full settlement with him (clause 1 of the Letter of Rostrud dated December 24, 2007 N 5277-6-1). Upon his written application, it is also necessary to give him duly certified copies of documents related to work (part 4 of article 84.1 and part 1 of article 140 of the Labor Code of the Russian Federation).

The day of dismissal is the last day of vacation - November 28, 2014. Even if the last day of vacation falls on a day off, the vacation is not extended. And the date of its completion does not shift (part 2 of article 127 of the Labor Code of the Russian Federation, clause 2 of the Ruling of the Constitutional Court of the Russian Federation of 01.25.2007 N 131-О-О). The exception is the holidays established by Art. 112 of the Labor Code (part 1 of article 120 of the Labor Code of the Russian Federation).

The day of dismissal for the employee is working, and for the administration - a day off

An employee's day off is not an obstacle to his dismissal. But, if this day fell on the day off of an accountant (personnel officer), this greatly complicates the situation. After all, as a general rule, work on weekends and holidays prohibited (part 1 of article 113 of the Labor Code of the Russian Federation).

The worker works in shift

If labor contract terminates with an employee who is assigned shift mode working hours, the date of termination of the employment contract is the date of the last working day, including that falling on a weekend or non-working holiday. This is stated in the Letter of Rostrud dated 06/18/2012 N 863-6-1.

In the case when the last working day of the leaving employee coincides with the day off of the employees of the company's administration, the Labor Code does not provide for the possibility of transferring the performance of their duties in accordance with Art. 84.1 of the Labor Code. That is, despite the day off of the personnel officer and accountant, the employer is obliged to ensure the execution of the procedure for dismissing the employee. To do this, he has the right to involve employees of the personnel service and accounting department to work on a day off (part 2 of article 113 of the Labor Code of the Russian Federation). At the same time, the employer is obliged to compensate them for work on a day off outside the established schedule: pay for work on a day off at least double the amount or provide them with another day of rest (parts 1 and 3 of article 153 of the Labor Code of the Russian Federation).

Example 2. The accounting and human resources department of a company work on a five-day schedule. working week with two days off - Saturday and Sunday, other employees of the company - on a shift schedule.

The organizer of entertainment events, N.K. Given the two-week period of working out, the date of dismissal fell on November 30, 2014 - Sunday. This is his last day at work.

Is it possible, with the consent of N.K.

The employee is given a five-day

If we are talking about the dismissal of an employee who has a regular, non-shift, working hours, then the norms of Art. 14 of the Labor Code on the flow of terms in labor relations.

The time period associated with the occurrence labor rights and obligations, begins from the calendar date, which determines the beginning of the emergence of these rights and obligations (part 1, article 14 of the Labor Code of the Russian Federation). Obviously, this date is the date the employee was hired, and the term itself is nothing more than the period of work in the organization.

In part 4 of Art. 14 of the Labor Code establishes that if the last day of the term (period of work in the organization) falls on a non-working day, then the expiration day of the term is the next working day following it.

Here it is also obvious that the last day of the term is the day of dismissal.

Example 3. All company personnel work on a five-day work week with two days off (Saturday and Sunday). The employee exercised his right to terminate the employment contract and warned the employer about the upcoming dismissal no later than two weeks, namely, a month (part 1 of article 80 of the Labor Code of the Russian Federation).

Decision. The employee indicates a non-working holiday (November 4, 2014) as the date of dismissal in his application. In this case, the manager has the right to postpone the day of dismissal to the next business day - November 5.

How to find a compromise with an employee: practical experience

Postponement of the last day of the termination notice, in accordance with the requirements of Art. 14 of the Labor Code, the next working day is not always acceptable for the employee. After all, he could agree on leaving that day for another job and plan any other business.

The Labor Code does not provide for any relief in these cases. But the parties to the employment contract can find a compromise solution, for example, by changing the basis for terminating the employment contract to dismissal by agreement of the parties (Article 78 of the Labor Code of the Russian Federation).

In this case, the employee loses the right to change his decision on dismissal, but will be able to leave without fully working out for two weeks, and possibly with compensation.

What is more profitable - to pay for work on a day off, compensation - in each case, the employer will decide.

The employee was given a redundancy notice. How long after the expiration of two months, the employer has the right (obligation) to dismiss the employee, are there any restrictions. For example, if the employee has already worked for 4 or 6 months. No. There was a different situation. Before there is no need. They notified, 2 months passed, but the employee was not fired, another 3 months passed, is he now entitled to dismiss?

Answer

In judicial practice, there are two opposite approaches to resolving this issue.

Thus, some courts proceed from the position expressed by the Constitutional Court of the Russian Federation on the inadmissibility of arbitrary extension of the reduction period by the employer.

Other courts assume that labor law does not oblige an employer to fire redundant employees strictly after the expiration of the two-month notice period, even if the planned date of dismissal is clearly indicated in the notice (, appeal,).

In order to avoid a contentious situation, it is safest for employers to stick to the first position. That is, in the event of a change in the cutoff date, all dismissed employees must be sent a new notice to postpone the date of dismissal to a later date. Moreover, this must be done at least two months before new date abbreviations.

The rationale for this position is given below in the materials of "Systems Lawyer" , "Personnel Systems".

reduction algorithm.

How to make a reduction.

When dismissing an employee to reduce the number or staff, it is important to fully comply with the procedure established by law (Article and Labor Code of the Russian Federation). Any deviation from it may become the basis for the employee to be reinstated at work with payment for forced absenteeism ().

The reduction procedure in the organization is carried out in the following order. Necessary:

• issue an order to reduce the number or staff and prepare a new staffing table;
• determine whether any of the employees has a preferential right to remain at work;
• create a list of reduced employees (positions);
• notify employees of the upcoming dismissal (, Labor Code of the Russian Federation);
• offer others to be reduced vacant positions(, Labor Code of the Russian Federation);
• arrange for the transfer of those employees who agreed to take vacant positions ();
• notify the trade union of the upcoming reduction (if any in the organization) and report the reduction to the employment service (,);
• coordinate with the trade union (if it exists in the organization) the decision to dismiss employees - members of the trade union ();
• dismiss to reduce the number or staff of employees who, among other things, did not agree to fill vacant positions ();
• to pay all the reduced severance pay and compensation (, Labor Code of the Russian Federation).

The reduction of employees in individual entrepreneurs has a number of differences. See more How to carry out a reduction in the number or staff of an individual entrepreneur.

Attention: an employee cannot be fired due to reduction during illness or vacation (). If this happens, the employee will be reinstated as unlawfully fired. In this case, the organization will have to pay the average earnings for the entire time of forced absenteeism. This is stated in the Labor Code of the Russian Federation. The courts take a similar position, see, for example,.

Among other things, an employee may demand moral compensation for wrongful dismissal.*

“Reduction notice.

Notice period.

When should employees be notified of layoffs?

All redundant employees must be notified of the upcoming reduction. As a general rule, this must be done at least two months before the expected date of dismissal.

In exceptional cases, reduced notice periods apply:

• if the employee is concluded fixed-term contract for up to two months. Notify of the reduction at least three calendar days in advance ();
• if the employee is engaged in seasonal work. Send a notice at least seven calendar days before the upcoming dismissal ();
• if the employee works for an individual entrepreneur. Such employers can set the notice period themselves and make it shorter. For example, only two weeks, by analogy with the notification of the employment service.

Notice form.

How to notify employees of upcoming layoffs.

Each employee must be given a notice of the upcoming reduction under the signature, regardless of the term of the notice of dismissal. In the event of a dispute about the legitimacy of the reduction, the signature of the employee will confirm both the fact of notification and the date of notification. This procedure is provided for in Article 180 of the Labor Code of the Russian Federation.

Advice: laid-off employees who are absent from work, such as on vacation or sick, notify the imminent layoff by mail or courier. This will help not delay the reduction procedure. It is not necessary to wait for absent employees to report to work.

It is advisable to indicate the expected date of dismissal in the notice of reduction with the proviso that if the employee is on sick leave or vacation (annual, educational, etc.) on that day, the dismissal will be carried out on the first working day after the end of the vacation or illness.

If the employee refuses to sign the notification, then read the text of the notification aloud to the employee and draw up an act of refusal to sign in the presence of at least two witnesses. Such a document will confirm that the employee was notified of the reduction in the general manner.

In the notice of redundancy, the employer may offer to terminate the contract before the expiration of the two-month notice period for dismissal. In this case, the employee must obtain a written consent to early dismissal. An employee who was dismissed earlier will have to pay additional compensation. Determine its amount based on the average employee's earnings, calculated in proportion to the time remaining until the expiration of the notice of dismissal. The basis is Article 180 of the Labor Code of the Russian Federation.

“Question from practice: whether the employee can be laid off later than the date indicated in the notice of reduction as the planned date of termination.

Labor legislation does not contain a direct answer to this question. To avoid disputes about illegal dismissal, it is safer for the employer to notify the downsizing employee of the postponement of the dismissal date at least two months before the new date.

This is explained as follows.

As a general rule, the organization must notify the employee of the upcoming dismissal due to staff reduction at least two months in advance (). The question of whether it is necessary to re-warn employees about the postponement of the proposed date of dismissal to a later date is not regulated by labor legislation. In judicial practice, two opposite approaches have developed.

Thus, some courts proceed from the position expressed by the Constitutional Court of the Russian Federation on the inadmissibility of arbitrary extension of the reduction period by the employer. Therefore, if the employer notified the employee of the specific date of dismissal for reduction, then he must dismiss him:

• either on the date specified in the original notice of reduction;
• or at a later date - in accordance with a repeated notice, which must be sent according to the general rules no later than two months before the actual dismissal.

Other courts have held that labor law does not require an employer to fire redundant employees strictly after a two-month notice period, even if the scheduled termination date is clearly stated in the notice. That is, the employer can carry out the dismissal, even if a longer time has passed since the end of the notice period. At the same time, the legislation does not require repeated notification of employees. This approach was reflected in the appeal rulings of the Moscow City Court,.

Based on the above, taking into account the lack of legislative regulation of the issue under consideration and the existence of a controversial judicial practice, in order to avoid a controversial situation, it is most safe for employers to stick to the first position. That is, in the event of a change in the cutoff date, all dismissed employees must be sent a new notice to postpone the date of dismissal to a later date. Moreover, this must be done at least two months before the new reduction date. ”*

Professional help system for lawyers, where you will find the answer to any, even the most complex question.

A staff member was served with a notice to reduce his position on October 3, 2011. He was dismissed in connection with the reduction on December 2, 2011 with the payment of all compensation due to him upon dismissal. Now the employee insists that he should have been fired on December 5, 2011, since December 3, 2011 falls on a Saturday, that is, a non-working day. Is the employer right to fire the redundant employee on December 2, 2011?

Answer

The notice of reduction is given to the employee at least two months before the dismissal. Therefore, at least two months must elapse from the date of delivery of the notice to dismissal.

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Deprivation of a job is almost always not a very pleasant procedure for former employee companies.

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It is good when an employee is seen off with gratitude for his work, but in some situations, the company's management carries out layoffs by fraudulent means.

Often citizens do not know their rights and therefore allow them to be violated.

In order for the dismissal to take place legally, it is necessary to be aware of the main points of this procedure.

What it is?

Reduction of the working staff is a procedure provided for by labor legislation. Dismissal for reduction must necessarily take place in accordance with the Labor Code.

At the same time, failure by the employer to fulfill any of the conditions may result in the reinstatement of the dismissed employee in the position.

In addition, the employer will be obliged to pay wages to the illegally dismissed person for the entire period of his forced absence (from the moment of dismissal until reinstatement).

Often disputes over dismissal between the employer and the employee develop into litigation.

At the same time, in many cases, the courts take the side of former employees.

What does the law say?

Issues related to downsizing are regulated by the Labor Code.

The main aspects are contained in the following articles:

• In and contains the requirements for dismissal and describes the procedure for implementing the procedure, as well as provisions for severance pay.
• The Labor Code of the Russian Federation contains security guarantees in case of dismissals.
• The Labor Code of the Russian Federation describes the provisions regarding the reduction of workers who were employed in seasonal work.

Employee Rights

There are also a number of categories of workers who have a preferential right to keep them in their positions. Therefore, if the position is liquidated, the employer will be obliged to offer such employees another position.

These include:

• employees who got sick or injured while working in the company;
• persons who have dependents of 2 or more disabled citizens;
• employees who are the only providers of the family;
• combat invalids;
• employees who were sent by the employer to improve their skills.

Foundations

Layoffs are carried out if one of the following situations occurs:

• reduction of staff units for a specific position;
• complete liquidation of the post.

Dismissal on reduction

According to the legislation in force for 2020, the employer is not obliged to argue the reasons that led to the reduction in staff or positions.

state

The headcount is the total number of all positions in the firm.

Staff reductions sometimes occur for reasons beyond the control of management. However, in any case, the manager is obliged to follow the provisions stipulated by the Labor Code.

In some cases, downsizing does not mean layoffs, but only a redistribution of the number of full-time employees.

Positions

Reduction of posts means removal of them from staffing. A new staffing table is drawn up and approved, in which there are no old posts.

pensioners

The dismissal of persons of retirement age in connection with the reduction of staff is carried out on a general basis.

They, like other employees, may qualify for severance pay from the organization and unemployment benefits from the Employment Center.

juvenile

An order to dismiss a minor is considered legal only in cases of complete liquidation of the organization, or if the State Labor Inspectorate for persons under 18 years of age has agreed to this.

In all other situations, it is impossible to dismiss a minor due to a reduction in staff.

Step-by-step instruction

The law provides for a certain procedure for the dismissal of employees in connection with a reduction in staff.

Following it can serve as a guarantee that employees will not go to court for illegal dismissals:

1. First, a downsizing order is issued. It should contain a list of positions to be reduced, as well as the persons responsible for dismissals. The form of this document is arbitrary.
2. A new staffing table is being created in the form of No. T-3. It should reflect: the number of staff units, positions, as well as rates and salaries.
3. After that, an order is issued that serves as the basis for the introduction of a new staffing table. Basically, this document serves to inform employees about the start date of the new staffing table.
4. The personal files of candidates for dismissal are being raised. A commission is being assembled to analyze whether candidates have preferential rights to stay at work. Following the results of the meeting of the commission, a protocol is drawn up. The protocol should contain conclusions about the undesirability / impossibility of dismissing employees from the reduced position.
5. Employees are notified of layoffs. All persons mentioned in the notification must sign on it as a fact of familiarization.
6. For those employees who have decided to terminate the employment contract ahead of schedule, before the deadline for dismissal, an agreement on early termination is required. They send it to the employer in writing.
7. After that, a notification is sent to the employment service and the trade union.
8. In the event that the employer has vacant positions, the downsized employees may receive an offer to take them.
9. When all disputes are settled, it is issued in the form No. T-8 on termination of contracts with employees.
10. The dismissed employee makes an entry in the work book with reference to clause 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation.
11. Dismissed employees are supposed to transfer all the necessary payments.

Together with the work book, employees may be issued certificates of the amount of their wages for the 2 years preceding the dismissal.

If an employee who is subject to military registration, then within 2 weeks the employer is obliged to notify the military registration and enlistment office about this.

If an employee was dismissed from whose earnings the amounts under the writ of execution were withheld, then it is necessary to notify the bailiff as soon as possible.

Notification

Notification of employees about the reduction in staff or position must be issued no later than 2 months before the day the new staffing table comes into force. It must include a list of all dismissed persons.

If an employee hired for seasonal work is subject to reduction, then he must be notified of the dismissal 7 calendar days before the appointed date.

If an employee is dismissed with whom a fixed-term employment contract was concluded that is valid for less than 2 months, then a notification must be received at least 3 days before the date of dismissal.

Paperwork

When dismissing employees due to staff reduction, the necessary list of documents must be drawn up.

When applying for them, the employer must adhere to certain deadlines. So, for example, at least 2 months must pass from the moment the order on staff reduction is issued to the immediate procedure for dismissing employees.

Procedure and terms of payments

The dismissed employee is entitled to the following types of payments:

• Salary for the last month of work, as well as for unused vacation. It is supposed to pay no later than the last day of work of the employee.
• severance pay. It is paid by the employer within 3 months after the reduction in case the dismissed employee did not find new job. The first time the allowance is paid in advance, together with the calculation upon dismissal of the employee.
• Downsizing benefits. Paid if the employee is registered with the Employment Service and has not found a job within 3 months after the reduction. Payments must come from the Employment Service starting from the 4th month of unemployment.

Benefit amount

The amount of the severance pay is equal to the average monthly salary of the employee.

Unemployment benefits are calculated as follows:

• from 4 months of unemployment to 7 inclusive - 75% of the average monthly salary;
• 4 months after the above period - 60% of the average monthly salary;
• next months - 45%.

Who can't be fired?

There are several categories of citizens who have so-called "protective guarantees". They cannot be fired, except in the case of the complete liquidation of the company.

When a position is liquidated, then the management of the company should offer to persons falling under protection guarantees to take another vacant position.

The new position must be identical to the old one in terms of pay, and also equivalent in terms of qualifications.

• pregnant employees;
• mothers of disabled children under 18;
• mothers of children under 3 years of age;
• single mothers raising children under 14;
• employees who are raising children under 14 without a mother;
• underage employees;
• employees on vacation;
• temporarily disabled employees.

Employee Guarantees

The legislation provides some guarantees for those employees who were forced to fall under the reduction of staff in the company. Basically, they are related to the fact that the employee is given a period that allows him to find a new job.

In addition, the employer may offer the employee whose position is being liquidated to take a vacant position in the company, if any. If the company has several branches, then the management may offer the employee to work in one of them.

Also, the dismissed employee may apply for benefits.

When can you sue an employer?

Situation: The company plans to dismiss an employee due to staff reduction. By mistake, the notice of dismissal, which he was given two months earlier, noted the date of dismissal, which falls on a day off. Tell me, is it possible to fire a person on a day off (what date should be indicated in the dismissal order) and what does it threaten?

Answer: It is undesirable to dismiss on a layoff on a day off, as this will lead to a violation of labor laws.

Let's analyze possible variants of actions in the described case.

Having provided the employee with a notice of dismissal due to a reduction in staff, which indicates the exact date of dismissal, the corresponding order must be dated exactly on the date indicated in the document. Otherwise, the employee may apply to the court with a request to postpone the date of dismissal.

If the company issues an order on a weekend, then this fact in itself will not be a violation. After all, labor legislation does not contain requirements for the order to be issued on a working day. But this situation threatens other risks. So, according to Art. 47 of the Labor Code, the owner is obliged on the day of dismissal to issue a duly executed work book to the subordinate, finally pay him off and familiarize him with the order. If this is not done, the employee may apply to the court, which has the right to decide on:

Payment to the employee of average earnings for the entire time of forced absenteeism with a delay in issuing a work book (part 4 of article 235 of the Labor Code);

Payment to the employee of average earnings for the entire time of the delay in the issuance of "settlement" on the day of direct settlement (part 1 of article 117 of the Labor Code).

The company can avoid the above by making a calculation and issuing a work book on the last working day before the day off, on which the date of dismissal will fall (on the date specified in the notice). This will make it possible to comply with both the date of dismissal, "announced" in the said notice, and fulfill the requirements of Art. 47 Labor Code. And although there is no liability for premature calculation and issuance of labor, the employer still risks. A dismissed employee may, for example, fall ill after the issuance of the necessary documents, which means that de facto it will be impossible to release him until he is fully recovered (part 3 of article 40 of the Labor Code). As a result, you will have to make changes to the labor and pay extra.

Let's consider another way out of this situation - to issue an order on the first working day after the day off indicated 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 has other unpleasant consequences. In particular, a person dismissed “belatedly” can apply to the court with a request to move the date of dismissal, citing the fact that he considered the decision to dismiss canceled, and therefore stopped looking for a job.

It turns out that by indicating in the notice the date of dismissal, which falls on a weekend, the company finds itself in a rather delicate situation. An acceptable way out of it is to issue an order on a day off, and issue a work and calculation on a working day before the weekend. We also note: if the employee agrees, then on the same day the order itself can be issued. After all, the fact that failure to comply with the two-month notice period by agreement of the parties is not a violation, the Ministry of Labor said in a letter dated 05/25/10 No. 107/06/186-10. However, such consent must be confirmed by a written statement from the employee.