It is important for both the employee and the employer to know on what grounds a dismissal can be made. Each country has its own legislation to regulate labor relations. Therefore, a Russian working in Ukraine will need information about the specifics of local labor law.
Instructions
Step 1
Any dismissal is made according to one of the articles of the labor code. Even if the separation from the employer happened at the request of the employee, the corresponding article of the law will be indicated in the work book.
Step 2
Upon dismissal, the employer must find a reason. For a number of articles, dismissal is possible without the consent of the employee. For example, the reason for dismissal may be the return to work of a person who previously held this position. This is true if the dismissed person replaced an employee on sick leave or maternity leave. Dismissal is also allowed when the position itself, in which the person worked, disappears due to a change in the staffing table. But in both cases, the employer can terminate the contract only if there is no other vacant position for the employee in the organization.
Step 3
In some cases, the employer can fire a person regardless of the availability of similar vacancies at the enterprise. The reason for this may be absenteeism - an unmotivated absence from the workplace for more than three hours. Also, dismissal may result in drunkenness at work, as well as systematic gross errors in the performance of their professional duties.
Step 4
Each case of dismissal at the request of the employer must have a documentary basis. For example, dismissal for being late is possible only if there was a registration of the departure and arrival of employees. In case of dismissal due to insufficient competence or errors, the employer must also prove the legality of his actions with documents - the result of the employee's re-certification or complaints from his colleagues.
Step 5
If the employee does not agree with the dismissal, he can challenge it in court. When a decision is made in his favor, he will not only be reinstated at work, but will also be able to recover the lost wages.
