Surely, each of us had to leave our jobs at least once in our lives. In most cases, dismissal is a deliberate step, to which the worker prepares in advance. However, it is not uncommon for a situation when the decision to dismiss is taken hastily. The reasons for this can be very different. The main thing is to know in every situation, the proper order of dismissal on your own.
Under the correct procedure, dismissal can be understood as two aspects: psychological and legal. In this article we will get acquainted with the peculiarities of the labor law upon dismissal, as well as the rights and duties of the employee.
Rights of the employee upon dismissal
If the employer insists that the employee write the application for dismissal at will, in many cases the employee has the right to challenge the reason for the dismissal. The most common situation is dismissal due to staff cuts. In this case, the employee has the following rights:
- the employee has the right to know about the forthcoming reduction no later than two months. The employee must be acquainted with the signature on the order of the forthcoming reorganization of the enterprise;
- the employee has the right to receive monetary compensation equal to his average monthly salary, if he was not warned about the reduction in two months. If the employee was warned later than two months, the cash payment is put for the period from the date of dismissal to the expiry date of two months from the date of notification;
- the employee has the right to challenge dismissal if he: a pregnant woman; a woman with a child under the age of three; single mother; a woman raising a child under 14 (or a disabled child under 18);
- the employee has the right to severance pay until the next employment. The severance pay is paid no more than two months from the date of dismissal;
- the employee has the right to challenge the dismissal in court if he was dismissed on vacation or sick leave.
In the event that an employee resigns at will, the following rights are retained:
- the right to terminate labor relations on any day;
- the right to obtain a work record with the corresponding entry on the day of dismissal;
- the right to go on leave before dismissal or to receive compensation for unused vacation;
- the right to receive settlement on the last business day.
If the employee's rights are not respected at the time of dismissal, he can sue the employer.
Obligations of the employee upon dismissal
The dismissal order of one's own will includes such duties of the employee upon dismissal - to warn the manager in writing, and also to work out fourteen days in the absence of a valid reason allowing him to leave without working.
Many workers are interested in the questions "Do I have to work out when I quit?" "How much should I work out when I leave?" According to the Labor Code, the employee must work for two weeks from the moment the manager is notified. Dismissal without a two-week workout is possible in the following cases:
- coordination of the date with the chief (in which case the date can be any);
- moving to another city or moving a spouse to another city;
- for health reasons (an appropriate document is needed);
- in connection with employment for a new job. In this case it is necessary to submit a certificate from a new place of work, in which the date of admission will be indicated.
Also, pregnant women and women with children under the age of three can quit without work.
How to properly issue a dismissal?
The main issue that interests employees is what documents are needed for dismissal. In order to complete the dismissal at will, the employee must provide only a written application for dismissal. You can create a correct statement of dismissal in the personnel department. When writing an application, you must specify a specific date - the date of dismissal should be the last working day. Upon dismissal, the employee receives the following documents:
- a work record with the correct record of dismissal (the correct date and article number);
- a copy of the dismissal order;
- salary for the last month worked and monetary compensation for unused vacation.