How to dismiss the employee who is in holiday

How to dismiss the employee who is in holiday

The majority of labor disputes arises not only owing to mistakes during an execution of an employment agreement or entering of essential changes into its conditions, but also in connection with its termination. Any oversight can turn back troubles for the employer.

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Labor disputes result from the disagreements connected with the conclusion, change and cancellation of the individual employment contract. Collective labor dispute can arise owing to disagreements at the conclusion of the collective agreement. Such contract consist between labor union, the employer and executive power, in it action of the local regulations extending on all employees of the enterprise is regulated.

Individual disputes can be considered or the commission on labor disputes, or court. Has the right to create the commission both the worker, and the employer even in case labor dispute is already considered by court.

If the worker wrote the letter of resignation on April 30, since May 1 it is necessary to start counting 14 days. The last day is considered full time. If the request for dismissal from a certain number is specified in the statement, the employer has to dismiss the worker from that date which is specified in the statement. If total number of days less than 14, the worker has to write the application "by agreement of the parties", but not "at own will".

The worker who is in holiday because of temporary disability or in annual vacation cannot be dismissed at the initiative of the employer. If the worker wrote the letter of resignation, but on reaching 14 day terms did not leave sick leave, in the last day send it the notice of need to study the order on his dismissal. Besides, the worker has to receive the service record and calculation. Timely sending to the worker of the notice completely exempts the employer from liability for issue of the service record and calculation out of time.

Cancellation of the employment contract with the women who are in a maternity leave at the initiative of the employer is not allowed. Except a case of liquidation of the organization. After the expiration of the employment contract during holiday on pregnancy the employer has to prolong the term of the employment contract according to the statement of the woman until until it has a right for holiday on childbirth and pregnancy.