person having work protected material.He has confidence in the future.But the termination of the employment contract is often unsettling.Therefore, to treat the matter seriously and need to need to know the features of this process, to avoid mistakes, which then can be quite difficult to fix.
Termination of the contract of employment is governed by separate laws to regulate the relationship and protect, above all, the interests of the worker, but do not disregard the rights of the employer.Why is of paramount importance worker's rights?Because it is inherently weak, vulnerable side in this case.The employer is limited in the initiatives of production and can not perform termination of the agreement as it pleases.Dishonesty is not approved either by the employee or by the person who provides the human work.The balance of interests - the cornerstone of this process.Nullifying or impairing anyone's rights in this case is unacceptable.The employee must feel confident doing a job, and the employer - is interested to perform their duties in a proper manner.Then the termination of the employment contract, if the situation suddenly comes, will be painless for both the one and the other side.
The Labour Code of the Russian Federation has more than 40 occasions on which can be committed termination of the employment contract.The most popular among them is voluntary redundancy, dismissal by mutual agreement of the parties and dismissal on grounds of redundancy.Also, the termination of the employment contract often occurs due to the expiry of the contract of employment due to absenteeism and employee improper performance of duties, etc.The remaining cases are used very rarely, and sometimes employers are not even aware that such grounds exist.But even the most common cases of dismissal of workers are often committed with gross violations, which sometimes leads party to proceedings.
Among the most common blunders, oddly enough, is to write the order on termination of the employment contract with an employee without his written statement.Statement by the employee - the main document when the termination of the contract is initiated by the employee.
Further, it is necessary to observe the period of notice.He must comply with the date affixed to dismiss the statement written by his own hand.If the date of the dismissal of an employee in the statement does not specify the termination of the contract may occur no earlier than two weeks after the registration statement.
employee can not be dismissed while on treatment.If he has a medical certificate, he serves as the basis for the extension of the employment contract on the days indicated in this document.However, here it is necessary to mention that when the employee becomes ill on the day appointed for the termination of the employment agreement, by law the employer has the right not to renew the contract.
especially should pay attention to what we have previously mentioned in passing: about writing letters of resignation by the employee.This will serve as a basis for he could not say in court to conduct examination of handwriting.The case may take an unexpected turn and the employer accused of putting pressure on a man resigned.
niceties as see enough.Therefore, we must carefully consider the Labour Code of the Russian Federation, in order to avoid unnecessary conflicts and conduct business in compliance with the adopted rules.