An early dismissal of an employee due to a reduction in the company's staff is formalized by drawing up a special application. This statement expresses the employee's consent to terminate work earlier than the due date.
The company's right to early termination of relations with an employee in case of redundancy is enshrined in the current labor legislation. However, the exercise of this right is possible only subject to the written consent of the employee to such a procedure. The need for an appropriate legal mechanism is caused by the fact that sometimes there is simply no job for a downsized employee, since his functions have been completely abolished or transferred to other departments. The general procedure for registration of a staff reduction requires the organization to use the labor of such an employee for another two months, however, in some cases, an agreement may be reached on dismissal earlier than the deadline.
How to draw up a statement of consent to early termination of employment?
The only additional document that is drawn up upon the early dismissal of a staff reduction employee is his own written statement. The specified document should clearly express consent to the implementation of the corresponding procedure. There is no single application form, but its content should clearly indicate that the employee himself expresses his intention to terminate relations with the company earlier than the due date, and is aware of the consequences of such a decision. The application itself is usually drawn up in response to the proposal of the head of the organization, and when drawing up this appeal, the desired date of early dismissal should be indicated.
What payments are due to an employee in case of early dismissal?
Firing an employee ahead of schedule when downsizing is an attractive opportunity for a downsized employee. The use of this mechanism allows not to perform work duties for two months, which are legally established as the period for warning an employee about his upcoming layoff. The employer is obliged to pay the average earnings for the specified period, although the dismissed employee himself during this period may be looking for a new job. At the same time, the implementation of the early dismissal procedure does not in any way affect the amount of other payments and compensations. So, in addition to paying for two months of failed work, the company is obliged to pay such an employee a severance pay, and the employee himself has the right to keep his salary for the period of employment (as a general rule, it is no more than two months).
