Is it possible to lay off without working off?
Dismissal anyway affects everyone fromus. Dismissal is the termination of labor relations between the employee and the employer. It can be caused by a number of reasons, on which, naturally, the procedure for the termination of labor relations also depends. Reasons for leaving:
- by agreement of the parties. This clause contains all possible reasons for dismissal, but with the obligatory condition of mutual understanding between the parties;
- at the request of the employer. If the employee violates labor and production discipline, during the liquidation or reorganization of the enterprise, if the employee does not comply with the position held, etc .;
- the expiry of the term of the employment contract or contract;
- at the request of the employee;
- for circumstances beyond the control of the parties (recruitment to the army, restoration of the former employee to the same place, arrest and conviction of the employee, etc.);
- if the employee disagrees, continue workinglegal relationship in a changed labor situation (for example, disagreement of an employee for transfer to another locality in connection with the production need and changing the terms of the employment contract);
- commission of legal misconduct by the employee.
Upon termination of the contract or contract,place working up. Usually it 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 concerned about employers, giving them the opportunity to find a substitute for the place of the outgoing employee for this time.
Dismissal without working off can take place in the following cases:
- if an employee is drafted into the army;
- if the employee is enrolled in an educational institution as a student;
- If the spouse or spouse of an employee is transferred to work abroad or received a referral for work abroad;
- in connection with the change of residence;
- in case of worker's illness or disability, that is, in the presence of medical contra-indications for the performance of work duties;
- when the employee moves to an elected position (for example, if the employee won a tender that organized another company for a vacant position).
Except for the main reasons, dismissal withoutwork off can be implemented by agreement of the parties to employment relations, as well as by oral agreement with the employer. In a number of cases, when the contract is terminated in production, the work is not applied due to a lack of work or the presence of downtime.
Dismissal without working off allows you to save time for both the employee and his employer, so in some cases it is advisable to approach the employer and talk with him on this topic.
The work sheet for dismissal is a document,which confirms the absence of obligations and debts of the employee against the employer. In fact, this document is illegal, because the legislation did not approve even the definition itself in the existing Labor Code. In principle, an employee may refuse to fill in a work-sheet, but this will delay the dismissal procedure, and this, in turn, is an unlawful act, according to art. 84.1 of the Labor Code of the Russian Federation.
Dismissal without working off, in fact, well incases where another workplace has already been found and only formalities remain. In other cases, this time allows the employee to think again about his situation, and the legislation gives the opportunity and fixes for the employee the right to refuse the application.
When concluding an employment contract,extremely attentive and be sure to read the proposed copy of the employment agreement. The document specifies all the possibilities and conditions for the termination of employment relations. If you have any doubts, you can immediately ask for an explanation to an experienced staff member or a lawyer of the organization so that at the time of termination of employment relationships there are no differences and misunderstandings between the parties.
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