Dismissal in one way or another affects each of us. Dismissal is the termination of labor relations between the employee and the employer. It can be caused by a number of reasons, on which, of course, the termination of labor relations also depends. Reasons for dismissal:
- by agreement of the parties. This paragraph contains all the possible reasons for dismissal, but subject to a mutual understanding between the parties;
- at the request of the employer. In case of violation by the employee of labor and production discipline, during liquidation or reorganization of the enterprise, if the employee does not comply with the position held, etc .;
- expiration of the employment contract or contract;
- at the request of the employee;
- due to circumstances beyond the control of the parties (conscription into the army, reinstatement of a former employee in the same place, arrest and conviction of an employee and others);
- in case of employee’s disagreement to continue labor relations in a changed working situation (for example, the employee’s disagreement to transfer to another locality due to production necessity and changing the terms of the labor contract);
- the employee commits legal misconduct.
Upon termination of the contract or contract, mining takes place. It usually lasts two weeks, but the timing may vary depending on how loyal your superiors are. This is due to the fact that the legislation is about employers, giving them the opportunity to find a replacement for the outgoing employee during this time.
Dismissal without practicing may take place in the following cases:
- if the employee was drafted into the army;
- if the employee is enrolled in an educational institution as a student;
- if the spouse of the employee is transferred to work abroad or received a referral to work abroad;
- in connection with a change of place of residence;
- in the case of an employee’s illness or disability, that is, if there are medical contraindications for the performance of work duties;
- upon the transfer of an employee to an elected position (for example, if an employee won a competition that organized another company for a vacant position).
Except for the main reasons, dismissal without working out may be carried out by agreement of the parties to the employment relationship, as well as by verbal agreement with the employer. In some cases, upon termination of the contract at the production, mining is not applied due to lack of work or the presence of downtime.
Dismissal without working out allows you to save time both for the employee and his employer, so in some cases it is advisable to approach the employer and talk with him about this topic.
Dismissal bypass is a document that confirms the absence of obligations and debts of the employee in relation to the employer. In fact, this document is illegal, because the legislation has not approved even the very definition in the existing Labor Code. In principle, an employee may refuse to fill out a bypass sheet, but this will delay the dismissal process, and this, in turn, is an unlawful act, according to Art. 84.1 of the Labor Code of the Russian Federation.
Dismissal without practicing, in fact, is good in cases where another job has already been found and only formalities remain. In other cases, this time allows the employee to think about his situation once again, and the legislation provides an opportunity and assigns the employee the right to refuse the application.
When concluding an employment contract, you should be extremely careful and be sure to read the proposed copy of the employment agreement. The document indicates all the possibilities and conditions for terminating labor relations. If you have any doubts, you can immediately seek clarification from an experienced personnel officer or lawyer of the organization, so that at the time of termination of the employment relationship there would be no disagreement or misunderstanding between the parties.