Legal advice

How to dismiss those who work?

18.03.2020 Aleksandrs Koposovs, the member of the board

The dismissal should be as follows:

  • a written notice is being prepared on the termination of the employment contract on the basis of Clause 9, Part 1, Section 101 of the Labour Law with an indication of an organizational event (for example, decreased income, loss of clients, etc.), which is the reason for the dismissal;
  • a message is handed to the employee so that he or she is warned 1 month prior;
  • a message is handed to personally against signature by the employer or by registered letter by mail to the address specified in the employment contract (it is believed that the employee received the message on the 7th day after sending it by mail) or using the services of a bailiff who personally hands over the letter to the employee at the place of his or her residence;
  • it is considered that the employee was informed of the dismissal if he or she received a message;
  • on the day specified in the message, it is considered that the employment relationship is terminated;
  • upon dismissal, the employee is paid on the day of dismissal: salary, compensation for unused vacation, severance pay in an amount that depends on the duration of the employment relationship (for example, if the employee has been working for up to 5 years, the severance pay amounts to one monthly average earnings).

In the case of a reduction in the number of employees, preference to continue employment relationships shall be for those employees who have higher performance results and higher qualifications. If performance results and qualifications do not substantially differ, preference to remain in employment shall be for those employees:

  • who have worked for a longer time;
  • who have suffered an accident or have fallen ill with an occupational disease;
  • who are raising a child in the age of up to 14 years or a child with a disability in the age of up to 18 years;
  • who have two or more dependants;
  • whose family members do not have a regular income;
  • who are persons with a disability or are suffering from radiation sickness;
  • who have participated in the rectification of the consequences of the accident at the Chernobyl Atomic Power Plant;
  • for whom less than five years remain until reaching the age of retirement;
  • who, without discontinuing work, are acquiring an occupation (profession, trade) in an educational institution;
  • who have been granted the status of politically repressed person.
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