What does a copy of the dismissal order look like?
09.07.2021 10:29On June 10, 2021, some changes were made to the Labor Code. Now, all employers, regardless of their organizational form, must provide employees with a copy of the Dismissal Order upon dismissal.
Article 47 of the Labor Code had previously required a copy of the order to be issued. However, until July 10, a copy of the order was issued only if the dismissal was initiated by the employer. After July 10, such a copy must be issued to all employees, regardless of the reason for dismissal.
Please note! Article 235 of the Labor Code states that for a delay in issuing a copy of the order due to the employer's fault, the employee must be paid the average salary for the entire period of delay. Therefore, do not forget to issue a copy of the dismissal order and make the final payment on the last working day of your employee.
How to make a copy of the Dismissal Order?
The procedure for making, executing and certifying copies of documents is set out in Order No. 1000/5 of 18.06.2015 and Order No. 1571/5 of 25.10.2012.
Copies of documents are divided into two types, depending on how they were made:
- Facsimile. They are produced using copying and reproduction equipment that accurately reproduces all external features, artistic features and arrangement, including signatures and seals.
- Free. Produced by reprinting or rewriting the original document, they accurately reproduce the information and content, but not the appearance.
Regardless of how a copy of a document is made, it must be certified in accordance with Order No. 1000/5. Without certification, the copy has no legal force.
To certify a document, you need to put a mark "According to the original", the position title, full name of the person certifying the document, his or her signature and the date. The date must be placed below the signature.
Next, you need to certify everything with the company's seal and put a "Copy" mark on the front of the document in the upper right corner.
To summarize, in order to properly formalize a dismissal, the employer must:
- You need to create a Dismissal Order for each employee who is dismissed;
- The order must be signed by the manager;
- The employee must read the order and sign it;
- Make a photocopy of the Dismissal Order (signed by the employer and the employee);
- On the photocopy, mark "Copy" in the upper right corner, "According to the original" in the lower left corner, the position title, full name of the person certifying the document, his/her signature and date;
- Give a copy of the order to the employee, preferably against his or her signature. To do this, you can have a separate book (notebook) in any form in which employees will certify with their signature the receipt of a copy of the order. Another option is to have an entry in the employee's personal card that reads "Copy of dismissal order received", date and signature.
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