In the publication are answered to a question: What duties of the employer before the dismissed worker?
Question-answer
According to the labor law of an obyayozannost of the employer before a dismissed rayobotnik are as follows:
According to Art. 47 the Labour Code the employer in day of dismissal should make calculation with the worker and issue it the service record with record about dismissal.
If the worker in day of dismissal didn’t work, the specified sums should be paid no later than the next day after presentation by the dismissed worker of the requirement about calculation. At carrying out final settlement there can be a question of assignment from a salary of workers for a covering of their zadolzhenyonost before the enterprise, establishment and an orgayonizatsiya where they work. Really, the truyodovy legislation of it doesn’t forbid. But the sums which the employer has the right to collect according to own decision without the court resolution, are limited ( Labour Code Art. 136). Moreover, similar assignments are authorized for carrying out only with observance of requirements of the Art. of Art. 127 (an ogyoranicheniye of assignments from a salary), 128 (an ograyonicheniye of the amount of assignments from a salary), 129 (a ban of assignments from the severance pay, komyopensatsionny, etc. payments).
If the dismissed person because of the employer not poluchit the sums due to it of the terms specified by Art. 116 of the Labour Code (in the absence of dispute about them razmere), the employer has to pay it a kompenyosatsiya – average earnings for delay all the time till day of the actual calculation (Labour Code Art. 117). When dispute is, in day of dismissal to the worker should give out the neocoupled sum. Further the employer should pay a kompensayotsiya if dispute will solve in favor of the worker (a razyomer of compensation for time of a delay the commission on labor disputes or court which considered dispute) defines. However if the dismissed rayobotnik before final settlement gets other job, the amount of compensation umenshaetsya for the sum of a salary which he will receive in a new place of work (Labour Code Art. 117). Teoretiyochesky it means that the worker can anything and not receive from the previous employer if the body solving dispute, reveals that for sleduyuyoshchy day after dismissal of people ustroilsya for other work with higher earnings.
In case of a delay the employer of issue of the service record to the dismissed worker pays average earnings for induced truancy all the time. Therefore, if the worker in day the uvolneyoniya refuses to receive the book, neobxodimo about it to draw up the relevant statement.
If the worker is absent from work in day of a uvolyyoneniye, to it send the mail notification of need to receive the service record. Peyoresylka of the service record by mail with delivery to the specified address is allowed only from a pisyyomenny consent of the worker.
(On materials The magazine for a ker_vnik).