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.