Termination of Employment

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Termination of Employment

 

in the USSR, the termination of the contract of employment. Under Soviet law, employment may be terminated by the employee or by management, as well as by certain other circumstances stipulated in the law. Employees have the right to end contracts covering an indefinite term of employment provided they give management two weeks written notice; at the end of this period management must return the employee’s labor book and settle all accounts with the employee. By agreement between the employee and management, the contract may be ended even before the expiration of two weeks. A contract of employment covering a specified period may be terminated on demand of the employee before the end of the period in the case of illness or disability preventing performance of the work covered by the contract; it may also be voided through violation by management of existing labor legislation or of the terms of the employment contract or a collective agreement or through other compelling circumstances.

Termination of employment on the initiative of management is possible only in certain cases, including those where an enterprise, institution, or organization ceases operation, where a cutback in personnel is required, where an employee is found to lack the necessary qualifications or to be physically unable to do his job, or where an employee regularly fails to perform satisfactory work, provided the employee has first been subjected to disciplinary measures or social sanctions. Other grounds for dismissal are absence from work without a valid reason (including appearing at work in an intoxicated state) and absence from work for more than four consecutive months through temporary incapacity for work (unless a longer term is established by law for the given illness or unless the incapacity derives from an injury or job-related illness). Also, an employee’s contract may be terminated by management if the employee previously occupying the position is reinstated. Dismissal is as a rule not permitted without the consent of the factory trade union committee.

Dismissal for reasons other than those cited above is illegal, and the discharged employee is subject to reinstatement.

The contract of employment may also be voided by agreement of the parties in connection with, for example, the expiration of the term of the contract, the conscription of the employee for military service, or the voluntary transfer of the employee to another enterprise or institution.

For certain categories of employees, there are additional grounds for dismissal, such as negligence carrying disciplinary liability.

References in periodicals archive ?
He admitted he was in the dark about this year's X Factor and insisted that despite reports Simon Cowell had not told him he had been given the axe.
Or he will find that those voices already calling for him to be given the axe will get louder and stronger the longer this dire run continues.
On sexual harassment against a female worker at the ministry, Al-Madaj confirmed that the employee involved in the incident was given the axe.
Rockin' Robin was given the axe in 2001 after then commercial manager Christian Smith replaced him with Wrex the Dragon.
The 42-year-old former teacher, who runs her own education company, told how the roles were reversed when she became the first candidate to be given the axe in the new series of the BBC show.
She joins a list of celebrities who were given the axe by the famously mean music mogul.
Clark, given the axe by Town last February and appointed by cash-strapped Birmingham during the close season, said: "I don't enjoy booing - it's horrible - but I'm with the fans 100 per cent.
The 61-year-old returned from Boston on Monday having held talks with principal owner John Henry and chairman Tom Werner and two days later was given the axe.
While Redknapp has been given the axe, her co-hosts Tim Lovejoy and Simon Rimmer are getting their own new show.
FELIX MAGATH has become the latest manager to fall victim to player power with the Schalke boss given the axe just a week after guiding them to the Champions League quarter-finals.
Despite showing promise against Bert van Marwijk's men Burley's side failed to qualify for the World Cup play-offs and he was finally given the axe last week after a dismal 3-0 defeat to Wales.