It is unpleasant to lose a job, however, everything is for the better, especially if the employee knows his rights. In any case, you should not panic, but knowing what the employee is entitled to is very useful.
Fired at will
The only legally justified dismissal at the request of an employee is voluntary dismissal. In other words, if the employee says something like “write paper”, and the employee knows that he has no desire to leave work, he needs to refuse.
The option of voluntary dismissal is convenient for the employer, because then there is no need to pay compensation. For exactly the same reason, voluntary dismissal will not be beneficial to the employee. In such cases, it is necessary to tell either the boss or the personnel department that it is better to quit by agreement of both parties.
Dismissal by agreement of the two parties
Termination of the contract is the most optimal and civilized option. This contract is drawn up as additional to the main labor contract.
According to this document, the employer can pay compensation, but you can do without it. There are no restrictions on the amount of compensation, so its amount is set orally.
Do not forget that, in addition to compensation, the employer must pay wages for all the time worked but unpaid, as well as pay compensation for the vacation, if it has not been taken off.
Dismissal under article
The employer may well say (frequent cases) something like "either a statement, or according to an article." Do not panic, because it will be better to figure out whether the employer actually has the opportunity to officially dismiss the employee under the article.
A person can be dismissed only for the reasons that are noted in the labor code, namely in article 81 (the article does not provide for a flight of fantasies). There are many points, but the most commonly used are:
- Late arrivals;
- Violation of direct labor duties;
- Frequent dereliction of duty.
An important point: the peculiarity of such dismissals is that any facts must be recorded without fail. That is, the employer must request an explanation from the employee. If there is no explanation, the employer draws up an act. And only after that a disciplinary penalty is applied to the employee.
Dismissal on redundancy
The employee must receive a notice of redundancy against signature 2 months before his dismissal. In the event that an employee has a child under 3 years old, or if the employee alone raises a child up to 14 years old, it cannot be made redundant (Article 261 of the Labor Code of Russia).
The employer may offer to terminate the contract not two months in advance, but immediately. In this case, the employee must be paid compensation for 2 months.
An important point: compensation is calculated as the average income for the last working year. This means that if for this year of work the employee received bonuses or overtime, the compensation will be higher.
Also, the employee must receive severance pay (it is also calculated). The first half of the allowance is paid immediately, and the second half is paid after two months, but if the employee has not found a job.
