Tag Archive: man and the law


Many faced with this situation: a man has filed a letter of resignation on their own, put expired two weeks, and then begins to interfere with the bosses. Documents, they say, do not get until you do so-and-so, or until a successor be conveyed all the cases. Employee in a panic – and a new place is waiting, and seemed to really have everything to finish, and then suddenly But no "suddenly" can not be! Here you can not even escape to law firms for advice and help, but just read the article 80 of the Customs Code, which clearly states: "Upon the expiry of notice an employee is entitled to stop work. On the last day of the employer must give the employee work record, other documents related to the work, upon written request of the employee and make him a final settlement. " No "special" conditions of dismissal the employee the employer has no right to invent, and should issue dismissal in accordance with the rules of hr administration and employee pay all his documents and money. Even if the employee is in arrears to the organization (for example, did not give the wealth of some report has not released official shelter, or something not finish at work), after a notice period the employer may not delay the employee.

In some cases, the employer has the right to seek enforcement officer certain substantive obligations (to pass values to leave the shelter, etc.) through the courts. Work-book required to be issued as amended her account of resignation. If an employee is absent from work on the day of dismissal (sick, vacation, etc.), the Administration on the same day should send him mail notification of the need to get a work book. Forwarding employment record mail delivery at a specified address is permitted only with the consent of the employee. In this very last day the employee may be relieved of his duties for the time necessary for the calculation and employment record, if it is for the objective reasons, he can not do this at the end of working hours.

For example, if the entire organization (including accounting, human resources, etc.) runs on a single graph, and finishing the working day, the employee can not simply issue all documents. Delay of the work book can be regarded as depriving the court employee's legitimate opportunity to work and the employer is at risk to pay for all time of enforced idleness dismissed (from the date dismissal to the date of execution of court decisions). The delay is the final settlement is an administrative offense, and if more than two months, then a professional offense. If an employee appeal to a court or prosecutor's office, the employer will not save even the most sophisticated in-house counsel. If the employer after the expiry warnings are not issued an appropriate order of dismissal the employee, the latter still may not come to work. Maksim Goryachev, ceo of law firm 'Guide'