Tip 1: what to do if fired
To begin to understand how all can be decorated dismissal. The language, the laws, the articles is different, and there are nuances. So, you can be fired "at will", "agreement", "in connection with staff reduction," "in connection with the liquidation of the company", "article 81 TK". In each of these cases, there are subtleties.
If you offer to resign, the employer expects to get away from you a little blood, that is not to pay you what you are owed. "Fire at will" — a formulation that suits all employers without exception. Still, they pay exactly so much, how many you will work, going back home. If the employee does not want to sign such a statement, he can offer a "dismissal for serious misconduct".
If you intend to fight, suggest to the employer the dismissal of the "by agreement of the parties" and insert in your agreement terms. In conversation you can hint that you know how difficult it is to dismiss a person "under", and what is significant should be your employer evidence. Well, if you belong to the privileged categories of citizens: pregnant, raising a child alone or if you are a mother of many children. Then to fire you is almost impossible.
If the employer does not agree to these terms, you should remember, whether in your employment history any violations and failures over the last month or two. You should pay special attention: you must not be late, the absence must be documented accordingly, the duties should exactly match your signed employment contract. Do not sign papers without looking, when sent on a business trip have a business trip certificate.
If you are fired in connection with staff reduction (paragraph 2 of article 81 of the LC RF), then you have nothing to worry about. Your employer is obliged to warn about dismissal in advance, to offer you other work to identify beneficiaries, to inform on the reduction in the employment service, and to pay to you severance pay in the amount of several salaries at dismissal.
If you want to fire at the liquidation of the enterprise, you must also notify no later than 2 months before dismissal. You have every right to retire ahead of schedule receiving a salary for these 2 months in my pocket.
The most pleasant way — dismissal by agreement of the parties. Dismissal by agreement of the parties is in accordance with article 77 of the labour code, paragraph 1. At dismissal you will receive monetary compensation. This compensation will be limited to your mutual agreement with the employer. A written agreement, which is prescribed when you will be fired and what compensation you can get.
If you threaten to dismiss on article 81 of the labour code, do not worry ahead of time. You can be fired if you change the owner of the enterprise (article 81, paragraph 4), if you — the General Director, Deputy General Director or chief accountant. You can be fired for failing a post (article 81, paragraph 3). Then you have to collect the certification Commission, which will give you a test assignment. Even if you can't handle him, just to fire you can't. You should be offered another position in the organization.
If you threaten to dismiss at p. 5 of article 81 of the LC RF, then you don't regularly perform their duties. Remember, in order to get you fired, violations should be regular and without good reason. In addition, you must have a formalized disciplinary action.
You can also threaten with dismissal for absenteeism or tardiness according to claim 6, article 81 of the LC RF. But this is only possible if you have not submitted any documents, why was absent. It is also not recommended to be late regularly, but for one delay period less than 4 hours you no one can not dismiss. More exotic items for which you can dismiss, it is "Theft and embezzlement" and "breach of trust". They are associated with documented violations of financially responsible persons or violations committed under the influence of alcohol or drugs.
Even if you get fired, you have every right to continue the fight. Within one month from the time of dismissal you can sue your employer. Also, you need to contact the labour Inspectorate and to ensure that in case of dismissal you received the work book with a record of dismissal, order of dismissal and orders on imposition of penalties (if they were).
From dismissal is not insured any employee, even an experienced, diligent and skillful. This can happen for a number of reasons. Anyway, you should know your rights and use them if the leader ignores the law.
The easiest option — if you're already thinking, not to change the boring work. In this case, write the letter of resignation at own will, quietly modify the required two weeks, not conflicting with any user or former (now) colleagues, and get your hands on the work book.
A more complex situation: the chief asked you to resign and you do not want to lose this job. Here you need to take into account all the circumstances. First of all, try to understand clearly why the leader decided that the organization no longer needs your services. Maybe the firm is going through difficult times, is downsizing, and you are the only candidate? Then, the logic of the head is clear: if a person is fired with the wording for redundancy, he must pay a benefit provided by law, and if on their own. Politely but firmly refuse.
Remember that from this minute you should behave very carefully, so as not to give rise to dismissal for violation of labor discipline. Don't be late for the service and not leave it before the end of the day. If you want to ask, write statements in two copies, write the date, the signature and make sure the head is not only marked "don't mind", but signed. The second copy must leave yourself. Try to faithfully and fully perform their duties.
If, in spite of this, still left the order on your dismissal with the formulation "For a single gross violation of labor discipline" or For "systematic violations of labor discipline", do not despair. According to the law within one month from the moment the order of dismissal you have the right to file a lawsuit in the court of the place of residence of the defendant (that is, your former organization). Demand to be restored to their former positions and to seek compensation for the forced absence. The statement of claim attach copies of all required documents orders regarding imposition of penalties, employment records and the order of your dismissal. If you are versed in the law, be sure to use the assistance of a qualified lawyer, moreover, specializes in cases involving labor disputes.