How much should the employer pay if they decided to lay you off? Where to Report Violations? And how to join the labor exchange? We discussed with lawyers and looked at what is written in the laws.
A new type of coronavirus pandemic and measures to combat it in 2020 have closed many businesses everywhere, and those that survived were often forced to lay off employees. So, over the past year, the world labor market lost four times more jobs than during the 2009 financial crisis, the International Labor Organization (ILO) found out. In some suspicious cases, you may like to contact some reliable HR search firms to get some advice about your current situation.
In Russia, during this time, the number of officially unemployed people increased by 24.7% than in the previous year, to 4.321 million people. And the overall unemployment rate was 5.9% versus 4.6% in 2019.
And employers do not always part with employees by legal means.
How An Employer Can Fire An Employee?
Rostrum had to remind that the employer can dismiss a person on his own initiative only on the grounds that are in the Labor Code (TC).
And the situation with the spread of coronavirus has not changed the list of these reasons in any way. It is still mostly:
Gross violation of labor discipline – being late, absenteeism or drunkenness at the workplace, theft of money or property, violation of labor protection rules, etc .;
- gross violation of the head, his deputies, or the chief accountant, which could harm the health of employees or damage the company;
- if an employee does not perform duties without good reason;
- if the company changes the owner – concerns the head, his deputies, and the chief accountant;
- if an employee who is involved in raising children has committed an immoral act;
- if the audit showed that the employee does not have enough qualifications for this job;
- if a person, when applying for a job, lied to the management about something – for example, submitted fake documents, etc.
- At the same time, an employee cannot be fired while he is on sick leave or on vacation.
Dismissal on the initiative of the employer is generally a rather complicated and expensive procedure, noted both Valentina Mitrofanova, director of the Institute of Professional Personnel Officer and Olga Petrova, an expert on labor law. So, in case of liquidation or reduction of staff, management must notify employees at least two months in advance. Plus, in this case, the latter is entitled to additional payments.
And just to say that you are not coping with the work is impossible – punctures, violations, or lack of qualifications must be formalized and confirmed by documents, protocols, and disciplinary sanctions. However, with the introduction of electronic document management for management, the collection of such confirmations is greatly simplified – for example, sending orders by e-mail and discussing the results of work can act as proof of the competence of an employee.
Therefore, it is not surprising that companies faced with difficulties – whether there is a pandemic or not – are trying to convince employees to either write a statement of their own free will or at least go on vacation at their own expense. Both are illegal.