Reasons for leaving work

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

The reasons for dismissal from work can be different, and the initiative can come from both the employee and the management. It is important to know the legal aspects of layoffs well in order not to get into an unpleasant situation and always know how to competently defend your position if the employer company behaves incorrectly and violates the rights of personnel.

At will

“Fired of his own free will” is perhaps the most common wording, behind which, in practice, completely different reasons can be hidden. The bottom line is that dismissal under Article 80 of the Labor Code of the Russian Federation is the simplest way that does not require compliance with complex personnel procedures, in the process of registration of which it is easy to make a mistake. What reasons for dismissal from work can be hidden behind this phrase? Unfortunately, such a farewell to an employee does not always occur on his initiative. In some cases, this option is offered by the employer. What could be causing this?

Behind the harmless wording

The mosta common option - the manager wants to get rid of an employee who does not suit him in terms of professional or personal qualities. At the same time, he is not ready to prove the incompetence of the employee according to official procedures - this requires a lot of time and labor. And if the dismissed person, offended by the wording of incompetence, wants to challenge the decision in court, then a good lawyer will always find a loophole in order to prove the incompetence of the reason for dismissal from work. And to be honest, in our country, probably, not a single company has a transparent personnel record, and therefore, it does not need additional checks. So you have to negotiate with the employee, intimidating him in case of disagreement by parting on other, more unpleasant articles. In this case, the reason for dismissal from the last job with the wording "of one's own free will" is beneficial to both the manager and the negligent employee.

How to fight for your rights

But what to do in the case when the employee performs his duties qualitatively, does not violate discipline, and the employer, due to some of his personal goals, tries to get rid of him? In this case, if there is no reason for dismissal from work, it is impossible to succumb to blackmail. It must be understood that, no matter what goals the company pursues, the reason for the dismissal will need to be not only substantiated, but also proven. And this is really not so easy even in the presence of actual evidence, and without them it is completely impossible. But if the worker feels thatclouds are gathering, and a conspiracy is brewing against him, there is only one way out - to complain to the State Labor Inspectorate, whose representatives will conduct an audit on the fact of violation of the employee's rights. This method is suitable in order to restore justice, but it must be borne in mind that after such drastic measures, it will already be quite problematic to work in the same place.