CareerCareer Management

Causes of dismissal from work

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

At will

"Dismissed at will" - perhaps the most common wording, behind which in practice can be completely different reasons. The bottom line is that dismissal under Article 80 of the LC RF is the simplest way, which does not require the observance of complex personnel procedures, in the process of registration of which it is easy to make a mistake. What are the reasons for dismissal from work may be hidden behind this phrase? Unfortunately, not always such farewell to the worker occurs on his initiative. In some cases, this option is offered by the employer. With what it can be connected?

What lies behind the harmless formulation

The most common option - the head wants to get rid of an employee who does not suit him for professional or personal qualities. At the same time, he is not ready to prove the incompetence of an employee according to official procedures - this requires a lot of time and labor. And if a person who is offended by the wording about 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. Yes, and that's a sin to hide, in our country, probably, no company has transparent personnel records, and therefore, and additional checks to it to anything. Here also it is necessary to agree with the employee, intimidating it in case of disagreement parting on other, more unpleasant articles. In this case, the reason for dismissal from the last place of work with the phrase "at will" is beneficial to both the manager and the negligent employee.

How to fight for your rights

But what if the employee performs his duties qualitatively, does not violate discipline, and the employer tries to get rid of him for some personal purposes? In this case, if there is no reason to leave the job, you can not give in to blackmail. It is necessary to understand that, whatever the goals pursued by the company, the reason for dismissal will not only have to be justified, but also to be proved. And it really is not so easy even with actual evidence, and without them it's completely impossible. But if the employee feels that the clouds are gathering and a conspiracy is brewing, there is only one way out - to complain to the State Labor Inspectorate, whose representatives will check on the violation of the employee's rights. This method is suitable for restoring justice, but it is necessary to take into account that after such radical measures it will be already quite problematic to work at the same place.

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