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dismissal procedures | Employment Rights Ireland
src: employmentrightsireland.com

Termination (called informally as shoot or dismissal ) is the employment termination by the employer against the will of the employee. Although such decisions can be made by employers for various reasons, from economic downturn to employee-related issues, dismissal has a strong stigma in many cultures. To be dismissed, as opposed to voluntary (or terminated) stopping, is often regarded as an employee's fault. Finding a new job may often be difficult after being fired, especially if there is a history of being fired from a previous job, if the reason for dismissal is for some serious offense, or the employee does not have a very long job. Job seekers often do not mention work that they are free from their resume; therefore, the inexplicable gap in work is often regarded as a red flag.


Video Dismissal (employment)



Usage

"Activation" is a common day-by-day term in English (primarily used in the US and Australia) for termination. The term "shootings" may have started in 1910 at the National Cash Register Company. Other terms for dismissal are "fired", "canned", "let go", "blur", "fired", "rendered walking paper", "given pink slip" or "boned". Other terms, more commonly used in Commonwealth countries, include "to get boot" and "to get the sack".

Maps Dismissal (employment)



Reason

Most US states have adopted in-house employment contracts that allow employers to dismiss employees without having to justify firing, although court cases that have come out of "outsourced" dismissals have made such an ambiguous contract. Often, dismissal will be treated as a "layoff". Sometimes an employee will be dismissed if the employer can find a better employee than the incumbent, even if the employee being fired does not technically violate any rules. This is common with experimental employees who have recently been hired, but can not adapt to the workplace environment, or those who have been around for a long time, but can be replaced by less experienced employees who can be paid at a lower salary. In contrast, dismissals in France are subject to fair and formal procedures.

Some examples include conflicts of interest, where employees make no mistakes, but employee attendance on the employer's payroll can harm the employer. As an example:

  • The close relatives (spouses, siblings, children or parents) of the company's executive management members may not be able to work for a competitor where they can find out trade secrets or where they themselves are part of another company's executive management because requirements for competition or antitrust bans.
  • This may happen when two members of the same family are employed by the firm.
  • In other cases, those who report a workplace error, known as a whistle blower, put their work in jeopardy because they might reply.

More common reasons for dismissal include attendance, defiance (talking back to managers or supervisors), drinking or doing illegal drugs at work, or consuming the same substances before work and appearing to work while drunk or "high" (which very serious problems in jobs where workers drive vehicles, boats or airplanes or operate heavy equipment) or take action at work. Attendance issues include frequent absences or delays, or even worse, "no calls, no show" where an employee does not come to work and fails to notify the employer. Other attendance issues involve improper rest-taking, such as extended or unauthorized rest, failure to return from rest at the right time, or walking out of a place or work location without the consent of the supervisor.

Work performance issues can lead to disconnection even with a good presence in a job. An employee may be dismissed if his or her work performance does not meet the employer's standards. Some of these problems may lack the necessary skills to perform tasks, incompetence, failure to learn the necessary skills or processes, disregard maintenance or safety procedures, refusal to perform duties, laziness, or negligence. Doing so can lead to firing if it continues for a long time. Behavior issues may include unprofessional behavior (especially in customer service work), constant or dirty disobedience, inability to relate (ie, associate) with co-workers, customers or both, argue with supervisors, co-workers or customers, use dirty language while working , and sleep while on duty. With this behavior problem, shootings are often (but not always) part of a "progressive step" process, which means employees will be warned and given an opportunity to improve before more severe action is taken.

Violation of serious violations may cause immediate shootings without further warning. Serious offenses include damaging the work equipment due to negligence; discovery of false information on job applications (such as rÃÆ' Â © sumÃÆ' Â © fraud), fighting or fighting at work; harassment of other employees, such as sexual or racial harassment; use of company equipment (eg vehicles and computers) to engage in non-work related activities or other breach of employer's policies, illegal activities, or to view pornography; positive testing for the use of illegal drugs; failure to apply compulsory drug testing (especially for transportation or work related to heavy equipment such as machine operators); engage in illegal activities at work (such as embezzlement or harassment of illegal subordinates); or cheating employers of wages by "coating" the time sheets.

In some cases, off-the-job employee behavior can lead to job loss. A common example is drunk driving, especially if the primary responsibility of employees requires driving. Often, an employee who is accused of a crime will affect an employer's ability to trust the employee. Whether a criminal off the job claim will result in termination related to several factors, including the nature of the offense, the nature of the job, and the values ​​of the employer. In some types of work, small beliefs that are not related to employment activities may not result in termination of employment; a trench digger working with a shovel punished for drunk driving may not lose his job, while a food delivery driver convicted of drunk driving will lose his job. However, in some jobs, the perception of trust is so important that even unrelated beliefs, however small, will result in termination of employment, as in the case of banks, security companies, and schools. Other factors are employers' values; while some entrepreneurs may believe that an employee should have a "second chance", other entrepreneurs may have no tolerance for individuals convicted in their company, even if the employee has very little responsibility, as in the case of manual workers.

Unfair Dismissal Compensation - Do I Have A Case?
src: www.doihaveacase.co.uk


Additional consequences

Some dismissed employees may face additional consequences in addition to their dismissal. This can happen when the reason for termination is a violation of criminal law, or if serious damage is caused to the employer as a result of an employee's action. The former employee may face criminal charges, civil suits, or reports to the database of those who have been involved in serious bad behavior in such positions, so the possibility of obtaining the same position with other employers is less likely (blacklist). Some examples are caregivers involved in abuse, bank tellers who have stolen money from cash drawers, or law enforcement members who have committed police brutality.

For the most serious offenses, especially when the security of a superior may be at risk from the employee concerned, a guard or officer may escort employees who are dismissed from the workplace to the parking lot after their dismissal. Such acts are often taken by government offices or large corporations that contain sensitive material, and where the risk is that dismissed employees may remove some of these materials or steal trade secrets to take revenge against the company or use it for the benefit of a competing company.

How to Handle Unfair Dismissal | Discount Foundation
src: www.discountfoundation.org


Employee questions

Although many entrepreneurs want to get rid of their "problem employees", some entrepreneurs are reluctant to fire those who are expected to be dismissed. There are many reasons for this, which may include: Some positions may be difficult to fill. This is probably a case with a rare skilled position, or with a generally unattractive low-wage job, where finding a suitor is difficult. A person who has unusual skills, or who does a job that is considered undesirable, such as cleaning up the dirt from a pipe may be difficult to replace. Thus, a person in this position can be maintained even if they have an absence or a problem.

Another reason why bosses do not fire some troubled employees is out of fear of retaliation. Sometimes an employer should be concerned about various types of actions a former employee may have against the company, such as filing a incorrect false forgery : A laid-off employee may take legal action in response to dismissal. Although legislation differs in every country and jurisdiction, many companies maintain extensive documentation of disciplinary action, evaluation, attendance records, and correspondence from supervisors, colleagues and customers to defend themselves in case of such a claim. In addition, a work-at-will contract, under which legislation permits, allows an employer to dismiss an employee without giving a reason, although this is sometimes challenged in court. In addition, the employer may be worried that employees may make a negative negative report to the public: by telling things about the company to others, thus harming their business; or that employees may disclose trade secrets: Former employees may delete material or divulge confidential information from former employers and use it with other companies or in independent businesses.

Some employers may fear that an employee may make a report for law enforcement , in the case of employers' practices violating the law. Other fears include the risk of sabotage by damaging the machine, deleting computer files, or tearing up documents; or even violence ; In some of the most extreme cases, dismissed employees have attacked or even killed their former employers or staff in their old company or organization, sometimes known in slang as "running post". In some cases, this happens several months or years after termination. Some employers stop their staff offsite to avoid this problem, or they prohibit staff who are laid off at their place.

Other reasons include:

  • Unemployment insurance costs: In the United States and some other countries, such benefits are financed by the employer. The company's unemployment costs increase with every worker dismissed or fired.
  • Relationships : Employee issues may have a special relationship with the boss, which is not always romantic, but the employee may be a close family member or friend, or the employee may provide other connections required for the employer.
  • Employee reliance : Regardless of the difficulties employees bring to the organization, employers can find employees useful in other ways. Employees may have rare knowledge or skills that are not easily replaced.
  • Sympathy : A sympathetic boss may feel uneasy about firing an employee.
  • Culture : In some cultures, it goes against the values ​​of employers to fire long-term and hard-working employees, even during an economic crisis (for example, in Japan).

Countermeasures

Employers have several methods to counter some of these potential threats. A common method is forced resignation, and this allows the employee to resign as if by choice, thereby freeing the employer from the burden of shooting. Other methods employers use include:

  • Termination by mutual agreement: Employers and employees make joint decisions to end work. While it may be debatable if the termination of employment actually occurs, the employer offers the employee "soft dismissal" to reduce the reaction.
  • Severance package: Employees are offered several additional payments or glowing benefits and references in exchange for departure. In turn, the former employee agrees not to prosecute, propose unemployment, or take other actions that would harm the employer.
  • Failure: Employees are moved to lower positions, hours or their pay is cut, or the work environment becomes less attractive in the hope of getting employees to leave voluntarily. In some cases, employees are officially kept as employees, but offer little or no work.
  • Role change : Employers can modify employees' assignments so that employees are not dissatisfied with the changes, but no longer perform the tasks they are fighting for.
  • Unpaid leave : To avoid being fired as a cost-cutting action, an employee may agree to take unpaid leave, either spreading over a long period of time (for example, taking one day a week without paying more than a year ), or concentrated (for example, taking a month without pay).

Forced withdrawal

Forced resignation is when an employee is asked to leave his position due to some problems caused by their ongoing work. A forced enforcement may be due to an employer's desire to fire an employee, but the employer may offer a softened shoot . Or, in a high-profile position, employees may want to leave before the press learns more negative information about one's controversial nature. To avoid this, and to allow dismissed employees to "save face" in a more "graceful" way, employers will often require employees to "step down" from their positions. If employees choose not to resign, the process required to fire them can be pursued, and the employee will usually be fired. This resignation made it unclear whether the resignation was forced or voluntary, and this darkness could benefit both sides.

Unfair Dismissal Compensation - Do I Have A Case?
src: www.doihaveacase.co.uk


Discriminatory and retaliative discontinuation

In some cases, employee dismissal is a discriminatory act. Although employers often claim that dismissal is due to "only cause", this discriminatory act is often caused by the physical or mental disability of the employee, or perhaps their age, race, religion, gender, HIV status or sexual orientation. Other unfair dismissals may be caused by a manager or employer's employer who wants to take revenge on an employee. Often, this is because workers report mistakes (often, but not always sexual harassment or other errors) on the part of the supervisor. Such terminations are often illegal. Many successful lawsuits resulted from discontinuing discrimination or retaliation.

Discriminatory or retaliative discontinuation by the supervisor may take the form of an administrative process. In this form institutional rules are used as the basis for termination. For example, if a workplace has rules that prohibit private phone calls, receiving or making a personal call may be the reason for termination even though it may be a common practice within the organization.

How to Handle Unfair Dismissal | Discount Foundation
src: www.discountfoundation.org


Condition change

Entrepreneurs who want employees to get out of their own deal, but do not want to pursue resignation or forced resignation, can lower the working conditions of employees, hoping that he will go "voluntarily". Employees can be moved to different geographic locations, assigned to unwanted shifts, given too few hours if part-time, downgraded (or downgraded to rough tasks), or assigned to work in uncomfortable conditions. Other forms of manipulation can be used, such as being unfair to employees, and punishing them for deliberate neglect with other employees. Such tactics may be a constructive dismissal, which is illegal in some jurisdictions.


Rehire after termination

Depending on the circumstances, a person whose employment has been terminated may or may not be eligible for reemployment by the same company. If the decision to terminate is an employee, the willingness of the employer to re-employ often often depends on the relationships that the employee has with the employer, the number of notices given by the employee prior to departure, and the employer's needs. In some cases, when an employee leaves with good terms, they can be given special priority by the employer when looking for reink.

An employee may be terminated without prejudice , which means fired employees can be reemployed easily for similar or similar jobs in the future. This is usually true in case of layoffs. Conversely, a person may end up with prejudice, which means an employer will not reemploy his or her former employee to the same job in the future. This could be for various reasons: incompetence, offenses (such as dishonesty or "non-tolerance"), defiance or "attitude" (personality clash with peers or superiors). The disconnection form ("pink slip" in the US) routinely includes a set of checkboxes where the supervisor can show "with prejudice" or "without prejudice". During the Vietnam War, the CIA used this terminology with regard to local charter operations. In case of serious offenses, it is suspected that the CIA will kill them or "end with extreme prejudice".


High profile activation

High profile shooting refers to the termination of employees who are in the public spotlight. In such cases, although the terminology may be similar, the rule may differ from typical firing. For example, in professional sports, coach dismissal is commonly referred to as shooting. However, even though the work will stop, the team may be required to pay the remaining contract coach. A player on a team facing the same action is generally not considered "fired," but "released" or "acquitted."

In many countries and smaller jurisdictions, the chief executive reserves the right to dismiss certain appointed officials who have been appointed to their positions, with immediate and immediate termination of the obligation to pay further. However, in some cases, severance packages may be paid. There are times when the President of the United States will ask his entire cabinet to file their resignation. He can accept some of them and keep the rest. This is often done by the new President who inherited his predecessor's Cabinet, as a way of rearranging by reducing the hard feelings.


See also

  • Termination
  • Pink slips (work)
  • Turnover
  • Employee outbound management
  • Work security
  • Just cause



References

Source of the article : Wikipedia

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