Since July 17, 2003, Viktor G., a loader from the K... firm, has not appeared at work. This case was not the first for the head of the shop - subordinates sometimes allowed themselves this before. However, a day or two passed, and the employee who went on a spree turned himself in. Here, for a whole month, not a word or a spirit from a person, his home phone does not answer, and it is not possible to find out where he is. There is no end to the work, a new loader is needed, but he cannot be accepted to the place where Viktor G. is officially registered. Analysis of situations.
Since July 17, 2003, Viktor G., a loader from the K... firm, has not appeared at work. This case was not the first for the head of the shop - subordinates sometimes allowed themselves this before. However, a day or two passed, and the employee who went on a spree turned himself in: he felt bad, who doesn’t happen to? Here, for a whole month, there is no hearing or spirit from the person, his home phone does not answer, and it is not possible to find out where he is. And most importantly - how to deal with it further? There is no end to the work, a new loader is needed, but he cannot be accepted to the place where Viktor G. is officially registered. It remains risky, but the only possible variant: dismiss an absent employee for absenteeism.
The boss turned to the lawyer with a request to clarify the situation and assess the possibility of dismissing the loader during his absence.
Walking must be proven
It is possible to terminate the contract with an employee who does not appear at the workplace, the law allows this. But you must be prepared for the fact that if such an employee appears after a while with sick leave and will challenge the dismissal, the court is likely to reinstate him at work. Since dismissal at the initiative of the employer during the period of temporary disability is prohibited by part 3 of article 81 of the Labor Code of the Russian Federation. Nevertheless, in our opinion, it is worth a try - with the same probability, the loader may never return at all, why do you need to borrow workplace non-existent employee? You can, of course, try to find out what exactly happened to him. If this is not realistic, start the dismissal procedure. Keep in mind that such a penalty is very strict, so you need to clearly follow all the rules for its application.
Dismissal for absenteeism is provided for in paragraph "a" of part 6 of article 81 of the Labor Code of the Russian Federation. In accordance with this paragraph, absenteeism, giving grounds for dismissal, is the absence of an employee at the workplace without good reasons more than four hours in a row during one working day. Therefore, the absence of Viktor G. from work for such a long time already gives a reason to fire him.
Necessary actions
In order for the dismissal to be justified, you need to be prepared to confirm, with the help of written evidence, the absence of the loader at work. The documents that we are going to talk about now will be very useful to you if the employee will challenge the legality of his dismissal in court.
Without wasting time, take care of the written confirmation of Victor's absence. Remember that the more evidence you collect, the easier it will be for you to defend your interests in court.
First of all, the absence must be recorded in the internal acts of the enterprise, primarily in documents that take into account working time each employee (part 3 of article 91 of the Labor Code of the Russian Federation).
Then the immediate supervisor of the negligent employee prepares a memorandum (or other similar document adopted at the enterprise) and a draft order for dismissal addressed to official entitled to apply disciplinary action . In addition, we advise you to ask other employees of the enterprise to give written explanations if they saw their colleague at work from the first day and for the entire time of the “disappearance”.
After that, in accordance with Part 1 of Article 193 of the Labor Code of the Russian Federation, a written explanation is taken from the offender (if he subsequently came to work) on the fact of the violation committed by him. But even if he refuses to write anything, this is not an obstacle to punishment.
When an employee, as in our case, does not appear in the organization at all, he, of course, cannot be asked to explain his misconduct. In our opinion, it would be right to send Viktor G. a telegram (registered letter) with a proposal to come to work and give an explanation for the absence. If he ignores your challenge, this can also be regarded as a refusal to give an explanation. The manager must reflect this in the relevant act, indicating in it that the employee, being called by a telegram (letter), did not appear at the specified time and did not report the reason for his absence. Attached to the act is a postal receipt of sending a telegram (notice of delivery of a registered letter) and a copy of the telegram or letter.
How to fire an absentee
Now, on the basis of the documents mentioned, it is possible to prepare and issue a dismissal order. But there is one problem here - it is necessary to meet the deadlines stipulated by part 3 of article 193 of the Labor Code of the Russian Federation. According to her disciplinary action imposed no later than one month from the date of discovery of the offense. If this period has expired, the penalty cannot be applied.
But what about in our case, when the employee has been absent for more than a month? Should I leave him at work?
In the situation described, it can be advised to designate absenteeism not as the first day of absence, but as a later date - the main thing is that the term for issuing the dismissal order fits within a month from the date of the misconduct. We know that Victor has not shown up for work since July 17, 2003. Accordingly, a penalty for this absenteeism can be applied no later than August 17, 2003. This period has expired, and the employee still does not come to work. This means that on August 17, 2003, it is possible to issue a dismissal order for absenteeism, committed, for example, on July 20, 21 or 22, 2003. Accordingly, both in the memorandum and in the explanations of other employees, it is necessary to indicate on the day of absenteeism not the actual, but a later date.
In principle, an employee can declare in court that he was absent on another day, and not on the one indicated in the reports. However, such an argument is unlikely to be accepted by the court if the employee did not come to work for several weeks. Absence from the workplace for four hours in one day is already absenteeism, and if the employee has disappeared for a long time, then absenteeism on any of these days will give rise to dismissal. At the same time, the right to choose for which of the absenteeism to impose a penalty remains with the administration of the enterprise, because it is up to her to decide which misconduct deserves punishment.
In accordance with Part 6 of Article 193 of the Labor Code of the Russian Federation, the dismissal order is announced to the employee against receipt within three days. If the employee refuses to sign, an appropriate act is drawn up.
Here you can do the same with Viktor G. as when you were called to give explanations - send him a telegram in which you invite him to familiarize yourself with the order and receive a work book. From the moment such a notification is sent, the administration of the enterprise is released from liability for the delay in issuing a work book (part 3 of article 62 of the Labor Code of the Russian Federation). If the employee does not appear, it is necessary to draw up an employee about this, it is impossible to issue a work book due to the absence of the employee or his refusal to receive the work book in his hands, the employer sends the employee a notice of the need to appear for work book or agree to send it by mail. From the date of sending the notification, the employer is released from liability for the delay in issuing a work book.
Part 3 of Article 62 of the Labor Code of the Russian Federation "Issuance of a work book and copies of documents related to work"
More than a year ago, the Labor Code was supplemented chapter 49.1, which regulates the work of remote workers. During this time, many personnel officers managed not only to conclude a full-fledged employment contract with freelancers in in electronic format, but also terminate the employment relationship via the Internet. We found out what difficulties accompany the procedure for dismissal of remote employees. What are the grounds for firing a remote worker? What date to put in the dismissal order, which is sent to the freelancer by registered mail? In what order is a record of dismissal made in the remote employee's work book?
General grounds for dismissal
You can terminate an employment contract with a remote worker on general grounds, as well as with other employees ( Art. 77 Labor Code of the Russian Federation). For example, by agreement of the parties ( Art. 78 Labor Code of the Russian Federation), due to the expiration employment contract (Art. 79 Labor Code of the Russian Federation), at the initiative of the employee ( Art. 80 of the Labor Code of the Russian Federation) and etc.
Distancers are subject to labor law and other acts containing norms labor law (part three of Art. 312.1 of the Labor Code of the Russian Federation). This means that when you decide to fire such an employee due to downsizing (staff), make sure that he does not belong to a category that is prohibited from firing. For example, an employee is in charge of minor children whom he brings up without parents ( Art. 261 of the Labor Code of the Russian Federation). Find out if he has a preferential right to stay at work ( Art. 179 Labor Code of the Russian Federation), and etc.
Note that a remote worker does not travel with the organization. Therefore, it is impossible to terminate the employment contract with him in connection with the refusal to transfer to work in another locality together with the employer ( paragraph 9 of the first article. 77 Labor Code of the Russian Federation).
Additional grounds for dismissal
In addition to the general grounds in the employment contract for remote work, it is possible to establish additional grounds for dismissal at the initiative of the employer, which are not in the Labor Code ( part one, art. 312.5 of the Labor Code of the Russian Federation). They should have clear, clear and specific wording in order to avoid disputes and ambiguous interpretation of the terms of the contract.
If you conclude an employment contract for remote work, then indicate in it that the dismissal of an employee is possible on the general grounds provided for by the Labor Code, and also establish additional grounds for dismissal in the interests of the employer
In addition, additional grounds for dismissal at the initiative of the employer must necessarily be related to the functions and duties of the employee. Practice has developed several typical grounds for dismissal of a distance worker which are most often included in employment contracts. These are, in particular:
- repeated, more than three times, non-compliance with the deadlines for completing the work assigned to the employee or non-compliance of its results with the requirements stipulated in the employment contract;
- repeated, more than three times, violation of the deadlines for submitting reports on the work performed;
– refusal of the employee to use information security tools provided or recommended by the employer, etc.
Is it possible to fire a telecommuter for absenteeism?
It seems extremely difficult to dismiss telecommuters for absenteeism, which is explained by the impossibility of proving the very fact of absenteeism. The nature of remote work involves labor function outside the location of the employer and outside the stationary workplace. Here, the main condition is the use by the employee of the Internet to interact with the organization ( part one, art. 312.1 of the Labor Code of the Russian Federation). In fact, the nature of remote labor relations is close to the contract for the provision of services, when the result of the work is paid, and not the time spent on its execution. The remote worker has the right independently determine the mode of working hours and rest time unless otherwise provided in the employment contract ( part one, art. 312.4 of the Labor Code of the Russian Federation). That is, it all depends on what mode of working time and its control are established by the employment contract for the distance worker.
Often a situation arises when it is necessary to ensure the participation of a remote employee in manufacturing process simultaneously with employees at stationary workplaces. Then, in the employment contract, you can specify the working hours ( part one, art. 312.4 of the Labor Code of the Russian Federation). For example, set a five-day working week(40 hours) with two days off. In this case, the employer may dismiss the employee for absenteeism, provided that the procedure for such dismissal is followed (Article 193 of the Labor Code of the Russian Federation).
To date, judicial practice on the dismissal of remote workers for absenteeism has not yet been formed, therefore, there are certain risks in the procedure for such dismissal, and each employer has the right to decide for himself whether to take these risks or not.
Two options for sharing documents
In the section "Labor Disputes"
you will find a court decision that notifying an employee of the need to obtain a work book relieves the employer of responsibility for its delay (help.kdelo.ru/sn/item4936?catId=4334)
The termination of an employment contract with a remote employee can be executed both in the traditional way (on paper) and electronically. paper version consists in the exchange of documents through regular mail by means of registered letters with notification of their delivery to the addressee ( ch. 49.1 of the Labor Code of the Russian Federation). In practice, many employers invite a remote worker to come to the office to sign the necessary papers (sample below).
If the remote worker and the employer have agreed to cooperate through the exchange electronic documents , they both must have enhanced qualified electronic signatures ( part four of Art. 312.1 of the Labor Code of the Russian Federation , Part 1 Art. 5 of the Federal Law of April 6, 2011 No. 63-FZ). In this case, each of the parties is obliged to send to the other a confirmation of receipt of electronic documents by it. The deadline for sending confirmation is established by the employment contract ( part four of Art. 312.1 of the Labor Code of the Russian Federation).
However, even with enhanced qualified signatures, it will not be possible to completely abandon the preparation of documents on paper. The employer is obliged to send to the distance worker by registered mail with acknowledgment of receipt a paper copy of the dismissal order duly executed ( part two of Art. 312.5 of the Labor Code of the Russian Federation). Moreover, this must be done directly on the day the employment contract is terminated.
The date of the order and the day of dismissal may coincide with the date the order was sent. by e-mail and regular mail, since the employee was previously familiarized with the document in electronic form.
Attention!
When issuing an order to dismiss an ordinary employee, it is unacceptable to use an electronic signature. The ability to issue such an order using an enhanced qualified signature is provided only for remote employees (Chapter 49.1 of the Labor Code of the Russian Federation)
Making an entry about dismissal in the work book and personal card
If the remote control was conducted employment history, then upon dismissal, it is necessary to make an appropriate entry in it, which is drawn up in the general manner ( clause 3.1 instructions approved Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69). In the case when the termination of the contract occurs on additional grounds, indicate not only the paragraph and part of the article Labor Code, but also a clause of the employment contract (sample below).
Then get from the employee consent to send a work book by mail in the form of an electronic document with electronic signature or in paper form part six of Art. 84.1 of the Labor Code of the Russian Federation). On the day of dismissal, send the employee a work book by registered mail with notification ( 36 Rules approved Decree of the Government of the Russian Federation of April 16, 2003 No. 225(Further - Rules for maintaining and storing work books)). If he is present at the office on the day of dismissal, give out a work book in his hands.
If a work book is sent to a distance worker with his consent by mail, a note must be made about this in the book of accounting for the movement of work books and inserts in them (clause , Rules for maintaining and storing work books). How exactly, the legislator does not explain. In practice, there are such options:
- in column 12 indicate the details of the e-mail in which the employee gives his consent to receive the work book by mail. Column 13 is not filled out;
- in column 13 they write that the work book was sent by mail, and in column 12 indicate the date the document was received by the employee (it will be recognized from the delivery notice when it is returned to the employer).
In addition to the work book, a record of dismissal is entered into the personal card of the employee, who needs to be familiarized with it against signature (clause , Rules for maintaining and storing work books). It is possible to comply with this requirement by exchanging electronic documents ( h. fifth art. 312.1 of the Labor Code of the Russian Federation). This option is equivalent to familiarizing the employee with a personal signature. Software applied to personnel records, should allow the maintenance of personal cards in electronic form.
On the last day of the employee’s work, pay him the final payment, issue a certificate of the amount of earnings and special periods for the current and two years preceding the dismissal ( h. fifth art. 80 of the Labor Code of the Russian Federation , p. 3 h. 2 art. 4.1 Federal Law of December 29, 2006 No. 255-FZ). If it is impossible to issue a certificate personally, send the employee a notice that he must either come to the accounting department for a certificate himself, or write a letter stating that he wants to receive it by mail.
Attention!
You can certify several interconnected electronic documents (package of electronic documents) with one electronic signature. In this case, each of them will be considered signed
If the remoter needs work related documents, then he can send an application for their issuance to the employer in electronic form ( part four of Art. 84.1 , part six of Art. 312.1 TC RF). Employer within three working days from the date of filing such an application, must send copies of the requested documents, duly certified ( part eight of Art. 312.1 of the Labor Code of the Russian Federation). At the request of the employee, these copies can be sent by registered mail with notification or in the form of an electronic document.
Fixing the error
| Error Some employers use express courier services to send a copy of the termination order to the remote worker. Thus, organizations violate the procedure for sending mail established by chapter 49.1 Labor Code. | How to If the distance worker gets acquainted with the dismissal order in electronic form, then on the day the employment contract is terminated, a copy of such an order is sent to him by registered mail with notification ( part two of Art. 312.5 of the Labor Code of the Russian Federation). Services for the delivery of registered letters with notification are provided by the Federal State Unitary Enterprise Russian Post. |
| What if… If the employer uses the services of courier delivery services, he will not have a notification* of delivery to the addressee. Improper notification of legally significant actions will deprive the employer of the opportunity to protect their interests in the event of a labor dispute. |
|
Remember the main thing
The experts who took part in the preparation of the material note:
Marina TOLSTIAKOVA,
Deputy Head of the Personnel Recruitment and Personnel Records Department of AMKapital LLC, Avtomir Group of Companies (Moscow):
- It is possible to dismiss a remote worker both on the general grounds established by the Labor Code, and on additional grounds prescribed in the employment contract. In some cases, the norms of the Labor Code cannot be implemented. For example, dismissal in connection with the refusal to transfer to work in another area together with the employer. After all, the remote worker does not move with the organization.
Alla SAETOVA,
Head of the Human Resources Department of LeCon LLC (Bryansk):
– Termination of an employment contract with a remote worker occurs in the general manner. If he gets acquainted with the dismissal order in electronic form, the employer is obliged to send him a duly executed copy of the said order by registered mail with notification. And on the day of termination of the employment contract.
Alena SHEVCHENKO,
lawyer, expert of the magazine "Kadrovoe delo":
- A record of dismissal must be entered into the personal card of a remote employee and familiarized with it against signature. If the employment contract is terminated without his personal presence at the office, then this requirement can be met by exchanging electronic documents using an enhanced qualified electronic signature.
Related Documents
| Document | Will help you |
|---|---|
| Articles , 312.5 Labor Code of the Russian Federation | Understand the grounds for firing a remote worker |
| Labor Code of the Russian Federation | Recall general order termination of an employment contract |
| Parts fourth and fifth Art. 312.1 of the Labor Code of the Russian Federation | Find out in what order to familiarize the employee with the dismissal documents in electronic form |
The current legislation allows the employee. You can also terminate an employment relationship remotely if circumstances prevent you from meeting with your manager in person. How to quit remotely, we will consider in detail later in the article.
Is it possible to quit without coming to work?
The Labor Code of the Russian Federation does not contain information prohibiting the remote termination of an employment contract. The law does not establish a list of situations in which it is allowed to quit remotely. Therefore, each case should be considered individually. The coordinated actions of the subordinate and the manager will allow the dismissal to be safely carried out without a personal meeting.
The basis for the procedure may be:
- relocation of an employee to another locality;
- making a decision on dismissal while living in another city;
- , preventing its free movement;
- long distance between central office and place of work;
- conflict relations with the personnel of the organization;
- other personal reasons.
Finding themselves in such circumstances, the employee thinks about how to quit remotely from work on own will without difficulty. No worries. Termination of cooperation will occur as usual.
The difference from the standard procedure is the need to exchange documents via mail. There is even the possibility of dismissal without working off in the cases established by the Labor Code of the Russian Federation.
If there is an employment contract for remote work, a remote employee can quit in the same remote format in which the employment took place.
How to send an application to an employer?
None additional requirements is not presented to the document, you can use the standard application form.
In the upper right corner of the sheet, information is written about who the document is intended for - about the employer. Below is the source of the application. Then, in a free form, the applicant asks to be fired. The reason can be your own desire. Under the text must be the signature of the employee and the date.
The peculiarity of the application for remote dismissal is that the signature of the employee must be certified by. This is necessary to exclude the possibility of document forgery. The company will suffer if a forgery is revealed. Litigation and penalties are possible.
The application is sent by registered mail with a notification in which the date of delivery will be fixed. This will give the sender confirmation of receipt of the document by the employer. The countdown of the two-week working period does not begin from the date of departure, but from the next day after the receipt and registration of the application by the company.
If an employee incorrectly calculates the deadline and does not go to work, this will be considered. If there are circumstances that prevent the subordinate from working out the allotted time, the manager can change. To do this, the parties must reach an agreement.
Owners digital signature It is possible to send a letter of resignation to the employer by e-mail. EDS allows you to identify the sender, guarantees the integrity of the document and confidentiality. Such a document is just as legally significant as the paper version.
How to pick up a work book?
There are situations when you need to quit remotely, that is, without appearing at the employer's office. For example, if a person went on vacation, including maternity leave, went to another country, and there an insight came to him that he lives wrong, works for a penny, and in general everything needs to be changed. Or he just works on a rotational basis.
How remote dismissal works - read the article.
How is the termination process carried out?
According to the norms of the Labor Code of the Russian Federation, in particular, Art. 80 of the Labor Code of the Russian Federation, the procedure is implemented as follows:- the employee submits an application;
- chief to get acquainted with the document;
- further, the leader issues an order;
- the employee is credited with the funds due;
- the employee is given money and documents.
With all this, it is possible to quit at a distance, according to the current legislation. Know about it!
How to make and submit an application
This is the most important question in the topic. If the application for dismissal of one's own free will is filed incorrectly, then the whole procedure may be delayed. Or leaving work may not take place at all.About the form of the document: everything is standard here. A sample developed by any government agency, does not exist. But the practice has developed in such a way that the document indicates:
- employee and employer data;
- a request to terminate the contract at the initiative of the employee submitting the applications;
- the number with which the employee wishes to leave his position;
- date of application.
Additionally: the employee, if he also wants to remotely receive a work book, must express his consent to send documents in this way. Otherwise, the employer will not be able to send papers.You just need to write: “Please send a work book and that’s it. Required documents mail to the address ... ".
But much more important is how the application is sent. Usually, several options come to mind:
- By mail.
- Through the Internet.
- Through a representative.
Attention: send a letter of resignation to e-mail is possible only if the employee has digital signature(EDS).Sending an application by mail is an old and proven method. The main thing is that a notification and an inventory of the attachment be attached to the letter.
A representative who wishes to apply for the dismissal of a third party must be issued a power of attorney. It is not necessary, but it is desirable that it be signed by a notary.
Pros and cons of remote dismissal
The method has both advantages and disadvantages. Let's start with the cons:- The head of the company may not receive the document in a timely manner. Everyone knows very well how mail works for us. If there is no application, they will not be fired. It is clear.
- The boss can delay the dismissal process by taking all measures not to receive the letter.
- According to Art. 80 of the Labor Code of the Russian Federation, the employee must notify his superiors of his dismissal two weeks before the date of leaving the position. Thus, to the 14 days of working out, the time during which the letter will go is added.
Is it necessary to work out during remote dismissal
It was stated above that Art. 80 requires filing an application in advance - 14 days before the expected date of dismissal. But the same article deals with cases where the termination of an employment contract can occur on the same day. For example:- retirement;
- admission to an educational institution;
- moving to another area, etc.
Employer actions
If the head of the organization received a letter of resignation, he needs to figure out whether the employee has the right to leave the organization without working off. If the employee has such a right, then the boss must:- issue a dismissal order;
- make an appropriate entry in the work book;
- determine the amount of money due to the employee, transfer funds to a card or set aside cash.
If the salary is paid in cash in the organization, which is now rare, then there is a good option: the employee in the letter of resignation must ask to transfer money to a bank account, indicate the details. The employer must comply with this request.
Once again about the most important points:
- The work book is waiting for the employee if he did not agree to send it by mail. Or, if the representative of the dismissed did not come for her. The employer needs to inform the former employee that the documents are ready for issuance - write an appropriate letter.
- If the settlement in the organization is carried out by card, then the money is transferred to the employee on the day of dismissal. If the salary is paid in cash, then the bills lie and wait for the employee to come for them. A representative can take the money if the power of attorney issued to him has such authority. The dismissed person can indicate Bank details through which funds can be transferred.
About the dismissal of a remote employee
In the age of the Internet, a lot of workers are doing something remotely. That is, he does not go to the office. Works at home or elsewhere. For example, in a coworking center.To be honest, not many remote workers formalize. Termination of the employment contract does not occur, because the document does not exist in nature.If the relationship is fully formalized, then everything happens as described above. For example, a statement by mail, issuing an order, money on a card, a work book by mail.
Video about remote workers
The labor rights of an employee are protected by law more carefully than the employer, so a subordinate has the right at any time and for any reason.
At the same time, even the personal submission of other documents is also not mandatory - all this can be done without visiting the place of work, that is, remotely. More details about the remote dismissal procedure and the nuances of its implementation are later in the article.
Features of the final settlements depend on which particular method of payment is used at a particular enterprise. If it is a non-cash payment, then the funds are transferred to the open account of the subordinate in the usual manner. If the funds are paid in cash, then the employee must, in his application or in separate document indicate the account number for transferring money and give your consent to this.
Pros, cons and possible problems
It is better to use the remote method of termination of employment relations only in case of emergency, when there is no possibility of a personal visit to the employer. This is due to the fact that it has certain disadvantages:
- risk (when the application is made by the employer or a third party);
- possible difficulties in the work of mail;
- the probability of losing the application;
- a long period (the start date of the procedure depends on when exactly the letter will be delivered to the manager).
For the employer, the main risk may be the inability to verify the authenticity of the employee's signature. If it turns out that it was forged, the dismissal will be declared illegal, and the employee will be required.
To prevent such consequences, you need to use one of the following options:
- verify the signature of the employee on the application with other documents, where it also stands;
- contact the employee (for example, by phone) and clarify whether he really sent the application;
- ask the employee to notarize his signature.
The issue of verifying the authenticity of the signature is not regulated by law, so the employer must choose for himself how exactly to do this. As for the advantages of the procedure, the main ones are:
- speed of dismissal;
- convenience of the procedure;
- minimum time costs;
- no need for a personal visit;
- the opportunity to start another job or study even before dismissal.
If the dismissal is agreed with the employer on a personal basis and there is no doubt about the authenticity of the application, then the parties should not have any problems. Otherwise, disputes have to be resolved in court.
Judicial resolution of disputes
An example from judicial practice:
The Kuzminsky District Court of Moscow recognized illegal dismissal Morozova N. N. from the post of secretary. According to the results of the examination, it was established that the application was drawn up and signed not by this employee, but by a third party. As a result, the court ruled to reinstate her at work, as well as pay her a salary for the time of forced absenteeism and compensation for moral damage.
The defendant did not agree with the decision and filed an appeal with the Moscow City Court, providing evidence from witnesses who confirmed that the dismissed employee had intentions to leave work. However, the court did not recognize these arguments as weighty, since only documentation is important for the correct dismissal procedure. Therefore, the decision made earlier remained unchanged.
Obviously, remote dismissal carries risks for both the employee and the employer. Therefore, in order to prevent possible disputes, it is better to agree on this issue in a personal form or take care of the correct documenting procedures.
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