TERMINATION OF THE LABOR CONTRACT WITHOUT COMPULSORY TWO-WEATHING
The consultant’s online legal and accounting consulting online application asked a fairly common question, “How do I get fired so I don’t have to work two weeks?”
To begin with, it should be noted that almost every employer, the dismissal of an employee (and especially a valuable specialist in their industry, or who has invested some resources), is a kind of stress, since it takes some time and effort to find a new specialist, then explain to a new employee certain details of your company’s workflow, probation, etc.…
The procedure for replacing a specialist at the workplace, for a new employee takes time, and therefore the law stipulates that when the employment contract is terminated, the dismissed employee must work two weeks.
However, there are situations where, due to certain circumstances, the employee cannot, or does not wish to work, the required fourteen days, the most common of them:
- Workplace conflict has arisen;
- Dissatisfaction with working conditions and extreme level of unwillingness to be in the workplace unnecessarily;
- You have found a new job and working out a fourteen-day, mandatory term at the old place of work makes it impossible to leave for a new job at the right time;
- The birth of a child or the appearance of the need to care for a sick relative, etc.
Some of the circumstances outlined in the law are further discussed below.
What if you had a similar situation?
To begin with, you should try to explain the situation to the authorized person at the enterprise, this may be the head of the HR department or the director of the enterprise. Try to objectively and fully explain the reason for the termination of the employment contract, without working for fourteen days. If you do not agree with the employer, and you still will not be able to work out the statutory two-week statutory period, you will have to defend your labor rights.
Article 38 of the Labor Code defines a list of valid reasons for termination of an employment contract at the time required by the employee, without working out two weeks, namely:
- Moving to a new place of residence;
- Transfer of husband or wife to work in another locality;
- Admission to school;
- Inability to live in the area;
- Pregnancy confirmed by medical opinion;
- Caring for a child until he or she is fourteen, or a child with a disability;
- Caring for a sick family member confirmed by a medical report or caring for a person with a disability of the first group;
- Recruitment by competition;
- Violation of the terms of the employment contract by the employer.
In case of termination of the employment contract, without obligatory two-week working off, the employee, referring to the reasons established by law, must prove their veracity. For example, when moving to a new place of residence, confirmation of this fact can serve as a lease of housing, a contract of sale and purchase of premises, in other cases – the relevant documents, such as a contract of employment of a spouse / wife from a new place of work in another city, medical certificates , and certificates of study, etc., depending on the situation.
If the employer disregards the requirements of the legislation to protect your labor rights, you can file a complaint with the State Labor Office or in court.
Author: Vladimir Pipko