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 ?
Any payment or contribution made for retraining as a result of the termination of employment or for the provision of legal advice (provided it is paid directly to the legal advisor as a result of an out of court settlement) or counselling costs in connection with the termination is usually exempt from tax and NIC.
The employee in this case did not seek to take any leave in previous years of absence as the regulations suggested so there was no entitlement for that leave to be paid on termination of employment.
As screening criteria for the termination of employment contracts, JAL has proposed eliminating older employees and taking into account the number of days of sick leave taken by employees.
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The Commission's more recent functions were to assist employers and employees in resolving industrial disputes, handling certain termination of employment claims, dealing with applications about industrial action and modernising and maintaining awards.
He warned: "Investigations may result in disciplinary action or in some cases termination of employment. The staff suspended on Thursday are from departments including Adult Social Care and Children & Young People.
Of immediate significance is the federal government subsidy of COBRA continuation coverage premiums for a maximum of nine months for a covered employee whose termination of employment was involuntary.
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SNP-controlled West Lothian Council sent letters to more than 5000 people warning they face "termination of employment" if they do not sign new contracts to comply with rules on equal pay for men and women.
The Tax Court distinguished the Merlo facts, because the remedy Exodus chose to enforce its insider trading policy was not a forfeiture of the shares, but disciplinary proceedings against the offending employee, up to and including involuntary termination of employment.
To be released in October, it examines such occupational health issues as pre-employment, health surveillance, occupational health services and termination of employment, as well as ethical and confidentiality issues, discrimination, data protection, working abroad, pregnancy and maternity leave, workplace policies, drugs and alcohol testing, stress, counseling, and professional conduct rules.

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