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Dismissal is always a troublesome procedure for both the employee and the employer. It is very important for the employee to find a new decent job, and for the manager to properly carry out the dismissal procedure taking into account all legal requirements.
It should be noted that the concept of “dismissal” itself is absent in the Labor Code. The law provides for either the termination of the employment contract or its rescission. Termination of the contract is a broader concept than rescission. Rescission can only be carried out at the initiative of one of the parties. At the same time, these two concepts are identified with the notion of “dismissal”.
According to Art. 36 of the Labor Code, the termination of employment relations may occur in the following cases:
- by mutual agreement of the parties;
- expiration of the contract term;
- transfer of the employee to another organization (with their consent);
- call-up for military service;
- refusal of transfer to another job in a different locality together with the organization;
- deprivation of liberty of the employee (pursuant to a court decision);
- termination of the contract at the initiative of the employee or the director. Termination of the employment contract may, in some cases, also be initiated by the trade union body;
- other grounds, if they are provided for in the contract.
The dismissal procedure for each of the above grounds has its own specifics. For example, if an employee resigns of their own accord, the employer has the right to require that they first work for 2 weeks. During this period the employee may withdraw their application. If the director ignores such a withdrawal and dismisses the subordinate, the employee may be reinstated.
Labor disputes are a rather specific type of case. The slightest omission may result in the former employee not only regaining their position, but also claiming compensation from you for forced absence, moral damages, etc.
Representation in court by our lawyers is a guarantee that the court decision will be in your favor.