Procedures of Termination Essays

  Procedures of Termination Essays   Procedures of Termination Essay Procedures of Termination Essay Employee job loss is part of a company-wide reorganization. You may think everyone is getting the same package, but that is rarely the case. Factors such as length of service and level in the organization are all considerations when assembling separation packages. If you dont ask you will never know what your employer might have been willing to give you.  If you are a member of a protected class (e.g., over the age of 40, women, minorities, etc.) you may have additional bargaining power. Employers would rather pay an additional few weeks of severance than risk going to court. Ask if your benefits can be extended.  Employee may be able to retain his employee benefits for a bit longer if his employer is willing to pay his job loss out over time. But before considering this option employee should check his local unemployment office before asking for this option as this could affect when he may be eligible for unemployment benefits.  Ask for a letter of reference.  The actual letters mean little to prospective employers. However, manager is less likely to say anything negative if he has provided you with a letter of reference. If employee is being fired then he may ask if he can resign  It is an uncomfortable situation for everyone when someone is fired. To preserve your employment record, ask your supervisor if you can resign. Most employers will gladly accept your offer to prevent conflict. If you take this route, be sure your employer agrees not to challenge your unemployment claim.  Government employees rights  If you are a government employee the employee can not fired you until he has a good reason to do this. Civil service laws protect local , state or federal government employees so employee must know his rights and he cannot be fired for ex ; if his boss wants to hire his brother instead of him . Employees with contracts  Workers with formal, written employment contracts can be let go only under a provision spelled out in the contract. Most union members have this kind of employment contract. Signed a contract and cannot be fired according to his contract.  Procedures of Termination of employment contract  Workers with formal, written employment contracts can be let go only under a provision spelled out in the contract. Most union members have this kind of employment contract. Signed a contract and cannot be fired according to his contract. A contract of employment may be terminated by mutual agreements, by frustration, by expiry, by dismal by the employer, or by notice given by the employer.  Mutual agreement  Termination by agreement may be effected either orally or in writing. It can take place at any time. It is difficult to demonstrate that the agreement to terminate was in fact on a mutual basis. If the employee later contends that they were given no choice but to consent to the ending of the employment which is resign or be dismissed then this will not be regarded as being by consent. Dissatisfaction  Frustration occurs when the performance of a contract of employment becomes impossible or is different from that what had been agreed between the parties at the time of entering to the contract and when the one party is unforeseen and available for event which has occurred without the fault or default of either party to the contract. For example where the subject becomes unlawful where a party to the contract becomes unavailable in unforeseen circumstances such as sentence of imprisonment and sometimes long term sickness are the cause of contract termination. Expiry  It may be assumed that the fixed term contract are expired at the end of period, it needs to be carefully consider the terms of contract it is crucial to keep in mind that non-renewal of a fixed term contract for whatever reason amounts to a dismissal for the purposes of unfair dismissal and redundancy and, as such, must be carried out fairly so as to avoid a claim for unfair dismissal. In addition, the legal dismissal procedure generally applies to the expiry of a fixed term contract (whereby the employee should be invited in writing to a formal meeting, the outcome should be confirmed in writing and the employee should bse advised of his/her right of appeal). Dismissal by the employer  There are five reasons for dismissing an employee.  1. Conduct  2. Capability  3. Redundancy  4. Some other substantial reasons  Resignation by the employee  As a result of dismissal by the employer, the employee may resign with or without notice. A failure to give notice is a breach of contract except where the employee is justified in resigning in response to repeatedly constructive dismissal by the employer. Reference Ian beard well, (2004) human resource management (4th ed), Financial Times, Prentice hall  Case studies  Nestle UK.  Astra Zeneca  Hackett (1991) human resource management (2nd Ed), Thomson  Arthur, D., the Employee Recruitment and Retention Handbook, AMACOM, 2001.