Dismissal at will in accordance with applicable law

Dismissal of one's own volition is a natural event for the worker himself, and for the enterprise on which his work activity takes place . We will not discuss the reasons for this decision, because they can be very diverse and very individual. For the topic considered by this article, the nuances of the very formulation of this issue and the legislative grounds for specific ways of solving the problems arising in this case are more significant. At first glance, the Labor Code in its current version explained in detail the very procedure accompanying the dismissal at will, and documenting the actions accompanying this decision, both on the part of the employee and the administration of the enterprise. Nevertheless, it will not be superfluous to consider in more detail the alleged sequence of these actions.

From the very title of this method of interrupting the employment contract, it can be understood that the initiative for the dissolution of the relationship in this case belongs directly to the employee. It should be noted that in accordance with paragraphs 1 and 2 of Article 80 of the Labor Code of the Russian Federation, such an employee has the right and only limited it for a period of two calendar weeks, during which the employer can keep an employee in the workplace, searching for a worthy replacement for the layman. The period specified by the law begins its counting from the day following the day of filing the corresponding application for dismissal at will. The specified term can be changed towards decrease in case of the mutual consent of the parties of the labor contract for such action (item 78 of the LC RF). Among the objective and legal reasons that reduce the mandatory period of work, there may be a number of circumstances, such as admission to a full-time department, a retirement age, travel with a spouse or a wife abroad, and so on, when the administration is obliged to meet the legitimate requirements of the lay-off. But in this case the administration has the right to ask the employee who submitted the application for dismissal at his own will, explanations on the reasons for the demand for the termination of the employment contract before the two-week period. In addition, Article 71 of the LC RF provides for a three-day period during which the employee who is on probation is dismissed .

The administration of the company should not forget about the obligation to calculate the dismissed employee. In the specified payment, compulsory calculation includes the calculation for time worked, and compensation for unused vacation, and payment on sick leave sheets. Note also that if within one month after the dismissal the former employee did not get a new job and suddenly fell ill, the payment of the sick leave after the dismissal, which occurred earlier than the illness itself, occurs at the expense of his previous employer. This interpretation is initiated by the current legislation in accordance with the requirements of Part 2 of Article 5 of Federal Law No. 255 of December 29, 2006.

There is one more detail that can damage the enterprise, related to the dismissal of the employee. For the employer, there is an urgent need to give out to his former employee his work record with the corresponding entry on the dismissal, since an untimely issued book will force the enterprise to pay forced unemployment to the employee at his usual rate for each day of delay. If the former employee himself evades the receipt of the work record book, the enterprise should send to his address the appropriate telegram demanding to receive this document. From the moment the receipt for sending such a telegram is received, the employer relieves himself of the responsibility for issuing the work record to the employee. This article only briefly informs about some nuances of the dismissal at will. On the remaining points interested can consult an experienced lawyer in labor law .