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Home > Firma > Wypowiedzenie umowy o pracę. Pracowniku, czy znasz swoje prawa i obowiązki?

Wypowiedzenie umowy o pracę. Pracowniku, czy znasz swoje prawa i obowiązki?

Z wypowiedzeniem umowy o pracę wiąże się kilka ważnych kwestii, między innymi sytuacja, w jakiej pracodawca nie ma prawa zwolnić pracownika, ale również okres wypowiedzenia obowiązujące zgodnie z zasadami Kodeksu pracy. Warto poznać swoje prawa i obowiązki, aby świadomie bronić swoich interesów w momencie, kiedy jego interesy są naruszone.

Wypowiedzenie umowy o pracę – podstawowe zasady

Wypowiedzeniu umowy o pracę następuje na podstawie jednostronnego oświadczenia woli, co w praktyce oznacza, że do skutecznego wypowiedzenia umowy wystarczy wola jednej ze stron. Jedną z kolejnych zasad, których należy przestrzegać podczas procedury wypowiedzenia umowy o pracę, jest to, że musi być ona zawarta na piśmie. Jeżeli mamy do czynienia z umową na czas nieokreślony, istotne jest także sporządzenie uzasadnienia uwzględniające przyczyny wypowiedzenia. Dokument musi zawierać datę sporządzenia. Informacja ta jest istotna w sytuacji, kiedy pracownik zechce odwołać się do sądu pracy. Drugą kwestią jest okres wypowiedzenia, który w przypadku osoby zatrudnionej na czas określony wynosi 2 tygodnie i jeden miesiąc, natomiast w przypadku pracowników zatrudnionych na umowę o pracę ten okres wynosi trzy miesiące.
Nie można wypowiedzieć umowy o pracę w sytuacji, gdy pracownik przebywa na urlopie lub na zwolnieniu chorobowym. Pewnym stopniem ochrony objęci są również pracownicy działający w związkach zawodowych – wówczas o takiej sytuacji należy poinformować dany związek. Więcej informacji na ten temat można znaleźć na stronie internetowej https://pewny-prawnik.pl/blog/61/wypowiedzenie-umowy-o-prace-nie-daj-sie-oszukac-wzor.

Czy pracownik również może wypowiedzieć umowę o pracę?

Tak, pracownik także może tego dokonać, w końcu jest stroną takiej umowy. W takiej sytuacji obowiązują go takie same terminy jak pracodawcę w analogicznej sytuacji. Warto w tym miejscu zaznaczyć, że od 22 lutego 2016 roku obowiązuje nowelizacja ustawy, która zmienia między innymi okres wypowiedzenia w przypadku osób zatrudnionych na umowę na czas określony. Osoby, które podpisały umowę o pracę po tym terminie, podlegają obowiązkowi jednomiesięcznego okresu wypowiedzenia. Co więcej, pracownik może nawet rozwiązać umowę o pracę bez zachowania terminu wypowiedzenia, jednak tylko wtedy, gdy pracodawca poważnie naruszył swoje zobowiązania względem niego lub naraził go na pracę w szkodliwych warunkach, a po przedstawieniu stosownego oświadczenia o stanie zdrowia pracodawca nie przeniósł pracownika na inne, mniej szkodliwe, stanowisko pracy.

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