How to properly dismiss
You can dismiss an employee if he does not correspond to the position he holds, did not pass certification, repeatedly did not fulfill his direct duties, committed other grave violations. It is also possible to dismiss a person for absenteeism, that is, absence from the workplace during the whole working day or more than 4 hours in a row, due to the change of ownership of the enterprise, and also if you, as an employer, cease your activity. This, of course, is not a complete list. The complete list is exhaustive, and it is regulated by Article No. 81 of the Labor Code of the Russian Federation.
Having decided to dismiss the employee on his own initiative, let him know in advance about this. Make an order where you need to specify the basis of the dismissal, as well as the date, put the stamp of the company and sign. Familiarize the employee with the document, offer to sign it. Do not forget to make a copy of the order - the worker will take it away. If he refuses to sign the document, draw up an appropriate act, and then attach it to the order or below his own signature, put a note on the document.
The last day of work of the dismissed employee is the day of issuance of the order for dismissal. You must simultaneously return to him the work book along with the documents from the personal file. In the workbook must be a corresponding entry, indicating the rule of law, the grounds for dismissal, as well as the signature of the head of the company.
If the employee on his own initiative is dismissed, he must inform the management at least 2 weeks before the planned day of dismissal. During this period of time, management will select a replacement for it, as well as issue the necessary documents for dismissal.
It happens that the employee who wants to dismiss, is on sick leave. In this situation, an employer cannot, on his own initiative, dismiss a person until he returns to service. However, if the employee himself wants to quit, then this can be done.
Strictly observe the order of dismissal. Ask the worker in advance to write an explanatory note where you need to indicate the rationale for the violation of the TK. In the event of a worker’s refusal to compile this document, draw up an act in the presence of at least two witnesses, then sign with him in it and attach it to the order of dismissal. Dismissal can be carried out in several steps. For example, you first make a remark to an employee, then a reprimand, followed by a severe reprimand. The result will be a statement about the inconsistency of the position held by the employee. After that, it is already possible to terminate the employment relationship unilaterally.