resignations quite natural event both for the employee and for the company, which runs its employment.We will not discuss the motives for this decision, because they can be very different and very individual.For the topics covered in this article, it is more important nuances of the registration of the issue and the legal basis of specific ways to solve emerging problems in this case.At first glance, the Labour Code in its current edition, and explained in detail the procedure itself, the accompanying voluntary redundancy, and documentation related to such actions as the decision by the employee and the administration of the enterprise.Nevertheless, there will be more than a closer look at the estimated sequence of those actions.
From the very name of this process interrupts an employment contract can be understood that the initiative of the termination of the relationship in this case belongs to the employees directly.Note that in accordance with paragraphs 1 and 2 of Article 80 of the Labor Code of the Russian Federation is entitled to the employee and there is only limited for a period of two calendar weeks, during which the employer may retain the employee in the workplace, engaging in the search for a worthy replacement to dismiss.Stipulated statutory period starts ticking from the day following the day of submission of the relevant application for voluntary redundancy.This time limit can be changed downward in the case of mutual consent of the parties of the employment contract for such action (Art. 78 of the LC RF).Among the objective and legitimate reasons for reducing the mandatory period of working out can be a number of circumstances, such as admission to full-time course in college, the retirement age, leaving a spouse abroad, and the like, when the administration is obliged to meet the legitimate demands to dismiss.But in this case the administration has the right to request from his employee, applicant for voluntary redundancy, an explanation of the reasons for the termination of the employment contract requirements earlier than two weeks.In addition, Article 71 of the Labour Code provides for three days, during which the dismissal of an employee who is on probation.
enterprise administration should not forget to calculate the duties laid-off employees.The published cost includes the mandatory payment for time worked and compensation for unused vacation and sick pay.Note also that if within one month after the dismissal of the former employee produced not got a new job and suddenly fell ill, the sick pay after the dismissal, which occurred before the disease occurs due to his previous employer.This treatment triggers the current legislation according to the requirements of paragraph 2 of Article 5 of the Federal Law of 29.12.2006 № 255.
There is another item that can cause damage to the company related to the dismissal of an employee.For the employer, there is an urgent need to give his former employee's work record with the corresponding record of the produced dismissal as untimely issued book will force the company to pay the employee involuntary unemployment in his regular rate for each day of delay.If the former employee he avoids getting labor book, the company must be sent to his address appropriate telegram with the requirement to obtain this document.On receipt of the receipt of a telegram sent an employer takes responsibility for the issuance of employee work book.This article only briefly informed about some of the nuances of the resignations.On the rest of the points concerned will be able to consult an experienced lawyer in the labor law.
