When finding employment, every citizen must learn the basic rights that he has and can use in the process of fulfilling his official obligations, as well as when leaving the organization. Having the appropriate knowledge, a worker can easily identify situations where the employer intentionally commits illegal acts that infringe on his labor interests. The rights of an employee upon dismissal are set out in labor legislation and must be strictly fulfilled by the employer.
Termination of an employment contract between the parties to the agreement occurs in the presence of certain circumstances, which, as a rule, include:
- The employee’s personal desire to end cooperation with his employer due to the occurrence of certain circumstances;
- The employer's initiative in terminating the employment relationship with a subordinate. Labor law contains the main circumstances, upon the occurrence of which it is possible to legally carry out the procedure for annulment of the agreement;
- Mutual decision of the employer and subordinate to terminate cooperation;
- Expiration of the employment contract concluded between the parties to the relationship. The manager and the worker agree in advance on the conditions for terminating the contract, recording them in the appropriate local document;
- Transferring an employee to another organization solely with his personal consent;
- If there is a change in working conditions that no longer satisfy the employee, he has the right to terminate cooperation;
- Change of owner of the organization whose requirements do not suit the employee;
- Other circumstances preventing the continuation of cooperation between the subordinate and the employer.
If the contract is terminated on the basis of any of the above circumstances, the employer is obliged to respect the rights of the employee. Otherwise, any working citizen has the right to appeal to the relevant government bodies to restore violated rights.
The employee's right to dismiss at his own request
Any citizen has the right to terminate an employment relationship on his own initiative, regardless of length of service, position or circumstances. No employer can forcibly retain his subordinates and prohibit them from leaving for other employers. For his part, the hired employee must only notify the manager in advance of his desire to cancel the contract by writing a corresponding statement indicating the reasons for such a decision. The document is drawn up in free form and, as a rule, in two copies, so that one of them with the signature of the boss can be kept as evidence of consent to dismissal.
The document is transferred to the employer 14 days before the date of termination of the contract, however, if an employee working on a probationary period , then the application must be submitted three days before the cancellation of the agreement. Almost all working citizens must work for the required period so that they have the opportunity to rethink their decision and the opportunity to refuse it, continuing to perform labor functions in this organization, and the employer has the opportunity to find a new employee to fill the vacant position in order not to production activities were suspended.
In addition to the direct right to cancel the employment relationship at his own request , each employee can count on the withdrawal of his resignation letter if he decides to continue working at this enterprise.
How to tell employees you are leaving?
The psychological atmosphere in the office and relationships at work mean a lot. And it happens that employees who decide to leave for another company are not treated very well. Therefore, it is important to quit your job correctly so as not to subject yourself to moral tests.
- If there are strained relationships in your office, it is better not to tell employees anything about your departure at all. And when you have worked your last day, simply say goodbye politely to your former colleagues and leave.
- But if you have a warm relationship in your team, then it is better to inform about your departure a couple of weeks in advance. During this time, employees will accept the news and adapt to the changes that lie ahead. This behavior will make leaving the company as painless as possible for both you and your employees.
- If the team has really warm relationships, then on the day of departure you can invite employees to a cafe to celebrate this event. Alternatively, you can drink tea and cookies at work. During your tea party, celebrate the positive aspects of your work so that you can leave a good impression on the team after you leave.
Everyone loves hospitable and honest people. Who knows, maybe at the get-togethers in honor of your departure you will be offered a new position in the same company, but on terms favorable to you.
The right to receive wages for time worked
In the life of every citizen, there is a systematic change in place of earnings. Regardless of the reason that influenced the decision to leave the employer, be it personal desire or the initiative of the boss, the worker has the right to receive the money he earned during the last working period. The employer is obliged to pay the employee the full amount of earnings, provided that the parties have not concluded, for example, an additional agreement on the employee’s consent to collect from his income any debt owed to the organization. The salary also includes the amount of funds due to the citizen for the two-week working period before dismissal.
Financial resources must be transferred to the employee on the day of dismissal. The amount includes not only the amount of the salary, but also all allowances, bonus payments and possible financial assistance. In order to understand the amount of money received, a citizen should ask the accounting department for a pay slip containing comments about each transferred amount and tax deductions. If the employer avoids making payments, the employee has the right to appeal to the state. organizations to protect their own labor rights, including in court.
An employee’s right to receive vacation pay upon dismissal
According to labor legislation, every working citizen has the right to receive annual leave paid by the employer. Before leaving, the employee receives appropriate compensation. If, for some reason, before the termination of the employment relationship, the citizen did not have time to rest and, accordingly, did not receive the due accruals, then after dismissal the former employee has the right to receive these vacation pay along with his salary. All days not taken off by a person, accumulated over the full period of labor activity at this enterprise, are taken into account.
This right must be satisfied by the employer, regardless of the reason and circumstances of termination of cooperation. You should calculate in advance the number of days of unused vacation, calculate the amount of the due payment, and then check its presence in the payslip. If the employer evades payment of all compensation, for example, part of the amount for the previous year, then you should be reminded of the violation of labor laws and the possible prosecution of the boss by going to court.
In Russia, the one who knows his rights wins
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How to behave these two weeks
When the application is submitted, all you have to do is work the allotted time and receive payment. But not everyone manages to spend the remaining days at work calmly, so many people have questions about how to behave throughout this entire period.
- First of all, think about your former boss, because he will have to look for a replacement for you. You need to be decent towards your bosses and colleagues, if necessary, help find a replacement or train a new employee for the upcoming job. This will require patience and understanding on your part.
- If your superiors snap at you, but the boundaries of ethical standards are not violated, then try not to pay attention to it. You should perform your duties efficiently, since you are still at work and your bosses can find fault with you as an employee, and this is not at all necessary now. By choosing this behavior, you will prove yourself to be a responsible person.
- You should also be loyal to your employees, since you never know when their help will come in handy in life. It’s better to quit without scandals and without mutual insults. Thank your colleagues for the time spent together; if there were pleasant moments at work, then don’t forget about them. So that everyone remembers you with a kind word, respond adequately to requests for help, and be friendly at this time. You don't want your ears to burn after you've been fired.
