The reasons for dismissal from work may be different, and the initiative may come from both the employee and management. It is important to know the legal aspects of the layoffs well in order not to get into an unpleasant situation and always know how to competently defend your position in the event that the employing company behaves incorrectly and violates the rights of personnel.
Of my own free will
“Dismissed of his own free will” is perhaps the most common wording behind which in practice completely different reasons may lie. The bottom line is that the dismissal under article 80 of the Labor Code of the Russian Federation is the simplest way that does not require the observance of complex personnel procedures, in the process of which it is easy to make a mistake. What reasons can be hidden behind this phrase? Unfortunately, such a farewell to an employee is not always on his own initiative. In some cases, this option is offered by the employer. With what it can be connected?
What is hidden behind the harmless wording
The most common option - the manager wants to get rid of an employee who does not suit him for professional or personal qualities. However, he is not ready to prove the incompetence of the employee according to official procedures - this requires a lot of time and labor. And if a resentful offended by the wording of incompetence wants to challenge the decision in court, then a good lawyer will always find a loophole in order to prove the illegality of the reason for dismissal from work. Yes, and it’s a sin to hide, in our country, probably, no company has transparent personnel records, and therefore it does not need additional checks. So you have to negotiate with the employee, intimidating him in case of disagreement by parting on other, more unpleasant articles. In this case, the reason for dismissal from the last place of work with the wording “of one’s own free will” is beneficial for both the manager and the negligent employee.
How to fight for your rights
But what to do when the employee performs his duties efficiently, does not violate discipline, and the employer, due to some personal goals, tries to get rid of him? In this case, if there is no reason for dismissal from work, it is impossible to succumb to blackmail. It must be understood that, whatever the goals of the company, the reason for the dismissal will need to not only be justified, but also proved. And this is really not so simple even if there is factual evidence, and without them it is completely impossible. But if an employee feels that the clouds are gathering, and a conspiracy is brewing against him, there is only one way out - to complain to the State Labor Inspectorate, whose representatives will check the violation of the employee’s rights. This method is suitable in order to restore justice, but it must be borne in mind that after such radical measures to work in the same place will already be quite problematic.