5 important points about resigning and dismissing employees

5 important points about resigning and dismissing employees

1- Declaring the employer’s disagreement with the resignation of the worker and then preventing the entry into the workshop by the employer on the expulsion of the worker and, if the expulsion is made without a reason, and the issuance of the decision to return to work by the dispute resolution board, if the worker declares his reluctance to continue working Can benefit from the clause of Article 165 (each year 45 days of wages and salaries in proportion to the length of service).

2. If the test is set out in the permanent contracts, the removal of the worker is not possible without the approval of the dispute resolution authorities.

3. The expulsion of a permanent worker is impossible, except in the case of committing the fault and the confirmation of the Islamic Council, the employer’s discretion may be personal and non-normative. The way of dismissing undesirable workers is to establish a labor discipline committee, file a case for all workers, and refer any violation to the committee. But in any case, the mistake of working and error can also be guided and disciplined by giving advice to the disciplinary committee through advice and cultural work.

4. If the worker threatens to spoil the work and fail, in order to prevent a crime, the dismissal of the worker is not legal, unless the employer proves it in some way. If there are sufficient reasons (workers ‘testimony, recording of workers’ threats by audio devices), they can decide on dismissal from the Disciplinary or Dispute Resolution Committee.

5. If the removal of employees is caused by the closure of the company or the workshop and, according to the discretion of the dispute resolution authorities, there is no possibility of reopening the workshop, then the expulsion is considered justified and the worker will be entitled to receive the benefits provided for in Article 165 of the law.

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حسین صابری

عضو هیئت علمی دانشگاه آزاد ارشد حسابداری (دانشجوی دکتری حسابداری) کارشناس رسمی قوه قضاییه (حسابداری و حسابرسی) برنامه نویس و مدرس کامپیوتر

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