Causes of Staff Leaving the Organisation PDF

Causes of staff leaving the organisation Own request; Dismissal by the organisation (saving of workers, change of production program, insufficient work performance, violation of work discipline); Objective reasons (old-age pension, disability pension, fixed-term employm...

Causes of staff leaving the organisation Own request; Dismissal by the organisation (saving of workers, change of production program, insufficient work performance, violation of work discipline); Objective reasons (old-age pension, disability pension, fixed-term employment contract, etc.). Termination of employment: By agreement − The Labour Code − if the employer and employee agree to terminate the employment relationship, − the employment relationship ends on the agreed date. − Must be in writing. − As employer always prefer agreement – no risk of lawsuit in court By notice − must be in writing − must contain the reason − only for reasons written in The Labour Code − you risk the lawsuit in court − notice period 2 months o in 2024 the notice period starts from beginning of next month o from 2025 it will start immediately that day Reasons: − if the employer or part of the employer is dissolved (cancelled), − if the employer or part of it is relocating, − if the employee becomes redundant as a result of a decision by the employer to change the employer's tasks, technical equipment, to reduce the number of employees in order to increase the efficiency of work or to make other organisational changes, − if according to a medical opinion the employee may no longer perform his or her work because of an occupational accident, occupational disease or the risk of such a disease, − if the employee has lost his/her long-term capacity to continue his/her work according to a medical opinion, − if the employee does not meet the requirements laid down by the legislation for the performance of the agreed work or he or she does not meet the requirements for the proper performance of that work; − in case of unsatisfactory performance, the employee may be dismissed only if he or she has been requested in writing by the employer to remedy it within the last 12 months and has not remedied it within a reasonable period of time, − if the employee has reasons for which the employer could terminate the employment relationship with him immediately or for a serious breach of an obligation arising out of the legislation relating to the work performed by the employee; − for persistent, less serious breaches of an obligation arising out of the legislation relating to the work performed, the employee may be dismissed if he has been warned in writing of the possibility of dismissal within the last six months in connection with the breach of an obligation arising out of the legislation relating to the work performed, − if the employee has violated in a particularly serious manner the obligation to comply with the established temporary incapacity for work regime, in respect of the obligation to stay at the place of residence  during the temporary incapacity for work and to observe the time and extent of the authorised leave under the Sickness Insurance Act. Immediate termination Exceptionally The employer may terminate the employment relationship immediately only if: − if the employee has been finally convicted of a deliberate criminal offence and sentenced to an unconditional term of imprisonment of more than 1 year, or if the employee has been finally convicted of a deliberate criminal offence committed in the course of or in direct connection with the performance of his/her duties and sentenced to an unconditional term of imprisonment of at least 6 months, − where the employee has breached an obligation arising from legal provisions relating to the work he performs in a particularly serious manner. A written form is required. The employer must state the reason in writing in such a way that it is clear what actually happened (factual definition). Termination during probationary (trial) period − both the employer and the employee may terminate the employment relationship during the probationary (trial) period − for any reason or for no reason at all − must be in writing − The employer may not terminate employment during the probationary period during the first 14 days of the employee's temporary disability. On the basis of a legal event:  − At the end of the agreed period (only for fixed-term employment) − Death of the employee − Death of the employer natural person if the trade is not continued according to the Trade Licensing Act (heirs). Violation of work discipline: 3 degrees of intensity of violation of work discipline: Less serious and consistent (I give 3 different written warnings in six months, only then can I give him/her a notice): − late arrival by 10 minutes (not by 2 days) − the worker did not complete the task (but the entire order does not fall due to this) − omission of something − unintentionally caused damage (I trip and drop a vase, break my company phone) Serious (1 accident is enough to give a notice) This includes, for example: − more late arrivals − 2 consecutive days of unexcused absence − 5 unexcused absences when they are not consecutive Particularly rude (I can give immediate termination of employment or a notice, to be sure ask the lawyer) − misuse of a company car for private purposes during working hours proven by GPS − I come to work (use the chip) and disappear - I get paid for not working, that's an attack on the employer's property  − high blood alcohol level − the call centre operator on the monitored call led the client to take out insurance from someone he was pitching − using a gun at the workplace, threatening oneself and the team − assaulting a superior (fight) − watching pornographic movies at work and downloading them, threats to cyber security Severance pay - notice given by the employer for the reasons (a) to (c) or by agreement for the same reasons shall be entitled to a severance payment from the employer at the termination of employment of at least: 1 average earnings if his/her employment lasted less than 1 year, 2x average earnings if his/her employment lasted at least 1 year and less than 2 years, 3x average earnings if his/her employment lasted at least 2 years. By notice given for the reason (d) or by agreement for the same reasons shall be entitled to a severance payment from the employer at the termination of the employment relationship of at least 12 x the average earnings. Collective redundancy -the termination of employment within a period of 30 calendar days on the basis of notice given by the employer, in the event of a closure, relocation or redundancy: 10 employees for an employer employing between 20-100 employees, 10 % of the employees of an employer employing between 101-300 employees, or 30 employees for an employer employing more than 300 employees. Necessary cooperation with Labour office Outplacement- care for leaving employees, support for leaving employees, or help for those who leave not because of their own failure, but reorganisation Areas of counselling services for redundant workers: Preparation of an inventory of skills that can be applied in the search for a new job, preparation of a professional CV, psychological assessment of the worker's skills and abilities, identification of opportunities on the labour market, interview practice, job search action plan, identification of possible types of jobs to be sought, personal counselling and advice on social and family problems.