How to dismiss an employee who is on vacation
Labor disputes arise as a result of disagreements related to the conclusion, amendment and termination of the individual labor contract. A collective labor dispute may arise from disagreements at the conclusion of a collective agreement. Such a contract is concluded between the trade union, the employer and the executive power, it regulates the effect of local regulations that apply to all employees of the enterprise.
Individual disputes can be considered either by the labor dispute committee or by the court. Both the employee and the employer are entitled to create a commission, even if the labor dispute is already considered by the court.
If the employee wrote a letter of resignation on April 30, then from May 1, you need to start counting 14 days. The last day is considered full time. If the application contains a request for dismissal from a certain date, the employer must dismiss the employee precisely from the date indicated in the application. If the total number of days is less than 14, then the employee must write a statement “by agreement of the parties” and not “of his own will”.
An employee who is on leave due to temporary disability or annual leave cannot be dismissed on the initiative of the employer. If the employee wrote a letter of resignation, but upon reaching the 14-day period did not leave his sick leave, then on the last day send him a notice about the need to familiarize himself with the order of his dismissal. In addition, the employee must receive a workbook and calculation. Timely dispatch to the employee of the notice completely releases the employer from the responsibility for issuing the work book and calculating it out of time.
Cancellation of an employment contract with women on maternity leave is not allowed by the employer. Except for the case of liquidation of the organization. After the expiry of the employment contract during the maternity leave, the employer must extend the term of the employment contract for the application of the woman until she has the right to leave for childbirth and pregnancy.