life understood, what rights the employees have severance and what to pay attention in order not to remain without money provisions.
Business is losing money and tries to survive as they can. However, not all employers are decent to deal with members. Many simply forced to resign. What tricks do employers use to not pay extra, and how to be the employee, not to lose the required by law the payment? Who put the biggest compensation for dismissal and how to get them?
a Leading lawyer of the European legal services Olga Shirokova notes that the compensation granted in case of dismissal, layoff or agreement of the parties, want not all employers. That is why just invite the employee to write a resignation at own will. However, no one can force a person to leave voluntarily. Often workers remain without put money, because I just do not know about their rights.
the Employer may also offer to write a letter for leave without pay. In this case, you need to understand that the law here the initiative must come only from the employee. Olga Shirokova said that no one can force the employee to write such a statement.
— speaking on the rights of the employee, of course, we do not recommend to write the application on dismissal or leave without pay, — said Olga Shirokova. — As in this case it will be almost impossible to prove that the employee “forced” to write such statements.
as a General rule, upon termination of the employment contract payment of all sums due from the employer, is made in day of dismissal. For example, if resignation is the calculation of and compensation for all unused vacation.
as for benefits in the reduction, then there is an opportunity to receive generous compensation. The reduction is the initiative of the employer. In this case, the employee has certain guarantees in the form of severance payments.
In exceptional cases average monthly earnings are saved for the employee during the third month from the date of dismissal. This occurs by the decision of body of service of employment. However, must be met certain conditions. If people applied to the employment service within two weeks after dismissal and two months he was unable to find work.
there are additional guarantees to the employees dismissed from the organizations located in the far North and equivalent areas. In connection with reduction of number or staff of the organization will erasegnikam a severance pay in the amount of average monthly earnings.
special conditions of the dismissal (for example, five salaries or something additional compensation and benefits), the employer and employee shall be entitled to set independently. Olga Shirokova explains that all this can be foreseen in the agreement on termination of the employment contract.
However, in practice, such special conditions, usually fired just the management team. Rank and file employees rarely get even three salary. In any case, lawyers are advised to still to contact the employment service. If this is not done immediately after redundancy, it is possible to remain without compensation for the months that it will take to find a new job.
Alexander Inoyatov reminded that all violations of their rights can be brought to the attention of the Union. It makes sense to attract and regulatory bodies: the state labour Inspectorate and Prosecutor’s office. Moreover, the dispute can also be resolved in courts of General jurisdiction.
