Dismissal somehow affects all of us.Dismissal - is the cessation of labor relations between the employee and the employer.It can be caused by a variety of reasons, from which, of course, depends on the order of termination of the employment relationship.Reason for leaving:
- by mutual agreement.This item contains all the possible reasons for the dismissal, but on the strict condition of mutual understanding between the parties;
- at the request of the employer.In violation of the employee labor and production discipline, in liquidation or reorganization of the enterprise, by the non-employee position, etc .;
- the expiry of the contract or the contract;
- at the request of the employee;
- for reasons beyond the control of the parties circumstances (conscription, the restoration of the former worker at the same location, arrest and conviction of the employee and others);
- if the employee does not agree to continue labor relations in the changed work situation (for example, disagreement employee to transfer to another location due to operational needs and changing conditions of the employment contract);
- legal commission employee misconduct.
Upon termination of the contract or the contract there is a working out.Typically, it takes two weeks, but the time may vary depending on whether your loyal bosses.This is due to the fact that the law cares for employers, giving them the opportunity to find a replacement for this time in place of the outgoing worker.
Dismissal without mining can take place in the following cases:
- if the employee was drafted;
- if the employee is enrolled in an educational institution as a student;
- if the spouse employee transferred to work abroad or have been assigned to work abroad;
- in connection with the change of residence;
- in case of illness or disability worker, that is, the presence of medical contraindications to perform job duties;
- the transition worker for office (for example, if an employee has won the competition, which is organized by a different company for the vacant post).
Except for the main reasons, dismissal without mining can be implemented by agreement between the parties of labor relations, as well as an oral agreement with the employer.In some cases, terminate the contract on the production of working out is not applied due to lack of work or the existence of downtime.
Dismissal without working saves time both the worker and his employer, so in some cases it is advisable to approach the employer and talk to him about it.
sheet Bypass dismissal - a document which confirms the absence of debt obligations and the employee against the employer.In fact, this document is illegal, because the law is not approved, even the definition of the existing Labour Code.In principle, the employee may refuse to fill in the sheet bypass, but this would delay the procedure for dismissal, and this, in turn, is unlawful, according to Art.84.1 of the Labour Code of the Russian Federation.
Dismissal without working, in fact, well when another job has already been found, and there were only formalities.In other cases, this time allows the employee to think again about his position and the legislation enables and secures to the employee the right to refuse the application.
At the conclusion of the employment contract should be very careful and be sure to read the copy of the proposed employment contract.The document lists all the possibilities and conditions for the termination of labor relations.When in doubt, you can immediately seek clarification from the experienced cadres and lawyers of that at the time of termination of the employment relationship did not have any differences and misunderstandings between the parties.
