A person who has work is protected financially. He has confidence in the future. But the termination of the employment contract is often unsettling. Therefore, you need to take this issue seriously and you need to know the features of this process in order to prevent mistakes, which can then be quite difficult to fix.
The termination of the employment contract is regulated by a separate law designed to regulate these legal relations and protecting, first of all, the interests of the employee, but also not disregarding the rights of the employer himself. Why are employee rights at the forefront? Because he is initially a weak, vulnerable side in this matter. The employer is limited in production initiatives and cannot complete the termination of the contract as he pleases. Bad faith is not approved either by the employee or by the person who provides the person with work. The balance of interests is the cornerstone of this process. The derogation or denial of one's rights in this case is unacceptable. The employee must feel confident when entering work, and the employer is interested in fulfilling his duties in the proper manner. Then the termination of the employment contract, if such a situation suddenly occurs, will occur painlessly for both one and the other side.
The Labor Code of the Russian Federation provides for more than 40 reasons for the termination of an employment contract. The most popular among them are: dismissal of their own free will, dismissal by mutual agreement of the parties and dismissal to reduce staff. Also, the termination of the employment contract often occurs due to the expiration of the contract for employment, due to absenteeism and improper performance of duties by the employee, etc. The remaining cases are rarely used, and sometimes employers are not even aware that such grounds exist. But even the most common cases of dismissal of employees are often committed with gross violations, which sometimes leads the parties to litigation.
Among the most common mistakes, oddly enough, is the writing of an order to terminate the employment contract with the employee without his written statement. Employee application - the main document when the termination of the contract is initiated by the employee.
Further, it is necessary to comply with the term of dismissal. He must comply with the date affixed by the resigning person in a statement written in his own hand. If the date of dismissal by the employee is not specifically indicated in the application, then the termination of the contract may occur no earlier than two weeks after the registration of the application.
An employee cannot be fired while on treatment. If he has a sick leave, then it serves as the basis for the extension of the employment contract for the days specified in this document. However, here it is necessary to make a reservation that in the case when an employee falls ill on the very day for which the termination of the labor agreement is scheduled, the employer has the right, by law, not to extend the contract.
Particular attention should be paid to what we previously mentioned in passing: writing a letter of resignation by the employee himself. This will serve as the basis for him not to be able to file a handwriting examination with the court . The case may take an unexpected turn and the employer will be accused of pressure on the resigned person.
Subtleties, as we see, are enough. Therefore, you need to carefully study the Labor Code of the Russian Federation in order to avoid unnecessary conflicts and conduct business in compliance with the adopted rules.