Do They Have The Right To Dismiss The Next Day After The Warning

Table of contents:

Do They Have The Right To Dismiss The Next Day After The Warning
Do They Have The Right To Dismiss The Next Day After The Warning

Video: Do They Have The Right To Dismiss The Next Day After The Warning

Video: Do They Have The Right To Dismiss The Next Day After The Warning
Video: How to Respond to a Written Warning at Work 2024, December
Anonim

An employee can be dismissed the next day after the warning only on condition of compensation for his earnings for the period remaining until the end of the warning. If the employment contract is terminated at the request of the employee himself, then he can be dismissed the next day after warning, with the consent of the employer.

Do they have the right to dismiss the next day after the warning
Do they have the right to dismiss the next day after the warning

The organization is obliged to warn employees about the upcoming dismissal in case it is liquidated, or it is planned to reduce these employees. The term for this warning is established by labor law, it is two months before the day of dismissal. In addition, the employee is obliged to warn the company about dismissal on his own initiative fourteen days in advance. As a general rule, early dismissal in these cases is not allowed (the employer has no right to this), however, there are some exceptions that apply if the employee and employer comply with the rules established by law. If such rules are not followed by the employer, then the dismissal can be declared illegal. If the employee violates, then he can be dismissed not of his own free will, but on a guilty basis.

If an employee arbitrarily stops work the next day after warning the employer (without the consent of the latter), then he can simply be counted absenteeism and dismiss on this basis with such an entry in the work book.

Dismissal at the initiative of the employer

If an employee is laid off due to the upcoming liquidation of the company, then he is obliged to personally and in writing notify about this two months in advance. The only condition for early dismissal in this case is the corresponding desire of the employer. The company can dismiss an employee the next day after the warning, but it is obliged to pay him the average earnings for the two months that remain until the end of the warning period. Early dismissal is not allowed without such payment.

It is important to note that compensation for two months of work after a warning does not affect the employee's other guarantees, including receiving severance pay, maintaining salary for the period of employment.

Dismissal at the request of the employee

The employee is also obliged to notify the employer in case of leaving the company on his own initiative. The period of such notice is only fourteen days before the expected date of termination of the employment contract. The purpose of this warning is clear, it enables the company to make the necessary personnel decisions. In this case, the dismissal of the next day after the warning can only be with the consent of the employee and the employer. There are no other options for early termination of employment.

Recommended: