A person who has a job is protected financially.He has confidence in the future. But the termination of the employment contract is often unsettled. Therefore, it is necessary to take this issue seriously and it is necessary to know the specifics of this process in order to avoid mistakes, which then can be difficult to correct.
Termination of the contract of employmentis regulated by a separate law designed to regulate these legal relations and protecting, first of all, the interests of the employee, but also not neglecting the rights of the employer himself. Why is the right of an employee to be placed in the forefront? Because he is initially a weak, vulnerable party in this case. The employer is limited in the initiatives of production and can not make the termination of the contract as he pleases. Dishonesty is not approved by either the worker or the person who provides the person with work. The balance of interests is the cornerstone of this process. Depression or denial of someone's rights in this case is unacceptable. The employee must feel confident when entering the work, and the employer is interested in fulfilling his duties in the proper order. Then the termination of the employment contract, if such a situation suddenly occurs, will be painless for both, and for the other party.
In the Labor Code of the Russian Federationthere are more than 40 reasons for the termination of the employment contract. The most popular among them: this is dismissal at will, dismissal by mutual agreement of the parties and dismissal for staff reduction. Also the termination of the employment contract is often due to the expiry of the term of the employment contract, due to absenteeism and improper performance of duties by the employee, etc. The remaining cases are used quite rarely, and sometimes employers do not even suspect that such grounds exist. But even the most common cases of dismissal of workers are often committed with gross violations, which sometimes leads the parties to litigation.
Among the most common mistakes, no matter howstrangely, is the writing of an order to terminate an employment contract with an employee without his written application. The employee's statement is the main document when the termination of the contract is initiated by the employee.
Further, it is necessary to observe the term of dismissal.He must comply with the date given to the lay-off in a statement written in his own hand. If the date of the employee's dismissal in the application is not specifically indicated, then the termination of the contract can occur no earlier than two weeks after the registration of the application.
An employee can not be fired while in detentionon treatment. If he has a sick leave sheet, he serves as the basis for extending the employment contract for the days indicated in this document. However, here it is necessary to make a reservation that in the case when the employee falls ill on the day on which the termination of the employment agreement is assigned, according to the law the employer has the right not to extend the terms of the contract.
Especially it is necessary to pay attention to the fact that we have previouslymentioned casually: about writing a statement about the dismissal by the employee himself. This will serve as a reason for him not to be able to file a lawsuit against a handwriting expert. The case can take an unexpected turn and the employer will be accused of putting pressure on the resigned person.
Subtlety, as you can see, is enough. Therefore, it is necessary to carefully study the RF Labor Code in order to avoid unnecessary conflicts and to conduct business in compliance with the adopted rules.
