Tag Archive: law and order


Quitting A Job

January 16th, 2014 / Tags: / categories: Uncategorized /

Many faced with this situation: a man has filed a letter of resignation on his own will, laid expired two weeks, and then begins to interfere with the authorities. Documents, they say, do not get until you do so-and-so, or until a successor be conveyed all the cases. An employee in a panic – and a new place is waiting, and like all really need to finish, and then suddenly … but no "suddenly" can not be! You can not even run a law firm for a legal advice and help, but just read the article 80 of the Labour Code, which clearly states: "Upon the expiry of notice the employee has the right to stop work. On the last day of work the employer must give the employee work record and other documents related to the work, upon written request of the employee and to perform the final settlement. " No "special" conditions of dismissal the employee the employer did not invent allowed, but must draw the dismissal in accordance with the rules of HR administration and employee pay all his papers and money. Even if the employee is in arrears to the organization (for example, do not pass wealth, a report has not released official shelter, or something not finish at work) after the notice period the employer may not delay the employee.

In some cases, the employer has the right officer to enforce some of the substantive obligations (to pass values to leave the shelter and so on) through the statement of claim in court. Employment history must be issued, as revised, it record of the dismissal. If an employee is absent from work the day of dismissal (sick, on vacation, etc.), then the administration the same day to send him an e-mail notification of the need to get the work book. Transfer employment record mail delivery to the address without the consent of the worker. In this very last day the employee may be relieved of his duties for the time necessary to obtain calculation and the employment record if it is for obvious reasons he can not do it after working hours. For example, if the entire organization (including accounting, human resources, etc.) running on a single graph, and finishing workday, the employee simply can not prepare all the documents.

Delay of the work book can be regarded as depriving the court employee's legal ability to work and the employer is at risk to pay for all time enforced idleness dismissed (from the date of dismissal to the date of execution of court decisions). The delay is the final settlement is an administrative offense, as if for a period exceeding two months, and crime. If an employee go to court or the prosecutor's office, the employer will not save even the most sophisticated legal services. If the employer after the notice period did not issue the appropriate order of dismissal employee, the latter still has the right not to work.