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Publication date: 18.04.2024
Dismissal of an employee at the initiative of the owner can take place for various reasons, such as:
1. Economic reasons: For example, changes in the financial condition of the company, a decrease in the volume of work or profitability, which lead to the need to reduce the number of employees.
2. Organizational changes: Such as enterprise reorganization, business repurposing, division liquidation, or a change in company strategy, requiring changes in the number or structure of personnel.
3. Violations of labor duties: For example, systematic violations of labor discipline, failure to fulfill duties or low productivity, absenteeism, appearing at work in a drunken state
4. Bankruptcy or Insolvency: If a company is in a state of bankruptcy or insolvency, it can lead to layoffs.
5. Suspension of business operations: If business operations are temporarily or permanently suspended, this may also result in dismissal of employees.
6. Individual circumstances: These may be, for example, the unfitness of the employee to perform his duties due to certain medical or professional reasons, theft of property by the employee, harassment, which must be confirmed by court decisions.
When releasing employees due to changes in the organization of production and work, several categories of employees may have a preferential right to stay at work, usually defined in accordance with the company's internal policies or collective agreements. Some of the more common categories that may have preferential right to leave at work include:
1. Seniority: Downsizing procedures may provide that employees with more experience with the company are preferred over those with less time.
2. Qualifications and Skills: Some companies may consider the qualifications and skills of employees when determining who will remain on the job. For example, employees with the necessary skills or specialized qualifications may be preferred.
3. Professional performance: Other criteria, such as work performance, experience and achievements, may also be considered in deciding who will remain on the job.
4. Social factors: Some companies may consider social factors. According to this criterion, the following persons have two or more dependents; persons who contracted an occupational disease at the enterprise; former military personnel - within two years from the date of discharge; persons who have less than 3 years left before retirement.
Also, it is worth noting that the employer does not have the right to dismiss employees while the latter is on vacation or on sick leave.
It is important that the dismissal of the employee takes place in accordance with the requirements of the law and the terms of the employment contract, as well as with compliance with the procedures and rights of the employee provided for by law.
Current legislation contains many nuances of dismissal of employees, so in any case, in order to understand the legality of dismissal, you will need legal advice on dismissal.
If it so happened that the employee was dismissed from his position, and he considers the reasons for his dismissal to be contrary to the law, then he has a way out - reinstatement through the court.
Reinstatement through the court is one of the possible ways to protect the rights of employees in cases of illegal dismissal. However, it is important to keep in mind that the judicial renewal process can be complex and take quite a long time, and the results are not always guaranteed. Therefore, in the case of reinstatement at work, a lawyer who has the appropriate qualifications necessarily contributes to achieving a positive result.
Consulting a severance lawyer can greatly assist an employee in a severance package, especially in cases where legal issues or conflict situations arise between the employee and the employer.
So, a lawyer or an attorney could provide advice and consultations, check the employment contract and other documents. If you believe that you have been illegal dismissal lawyer can provide you with comprehensive information about your rights and options in this case. He can explain what rights the employee has under the law and whether these rights were violated in a specific situation. Thus, legal advice dismissal and its grounds is an important stage of the appeal to the court.
If the employee decides to appeal the dismissal or to negotiate with the employer regarding the terms of compensation, or intends to return to work, the reinstatement lawyer can represent the interests of the employee in court or before administrative authorities.
