How to dismiss a negligent employee
To begin, just talk to the employee and find out the reason for his inconclusive activity. A frank conversation will allow problems and reasons why he does not want to be dismissed. Identify your requirements, disassemble the actual results with him and convince him that his continued presence in this workplace is meaningless both for the company and for him. Often after such frank conversations, the employee himself makes the decision to resign at his own request. In this case, the employment contract is terminated by the mutual desire of the parties.
If in the process of such conversations failed to convinceemployee in the need for his dismissal, wait until the end of the term of the employment contract. If you do not wish to cooperate with such a person, do not extend the duration of the contract. Under such a situation, be aware that you must warnemployee at least three days in advance about their intentions.
The situation is slightly different when the employment contract is made for an indefinite period, and the employee does not want to resign at will. In this case, you will have to use the right of the employer to fire him on the disciplinary penalty. To apply this type of sanction, first ask foremployee a written explanation indicating the reasons for its violations. If he does not provide it to you within two days, draw up an appropriate act.
Termination of the employment contract on the initiative of the head is conducted in accordance with Article 81 of the Labor Code of the Russian Federation. The reason for dismissal must comply with the regulations, otherwise the employee has the right to demand a reinstatement in court. In some cases, in order to avoid writing in the workbook about the termination of the article, the employee, after notifying him of the possibility of terminating the contract on this matter, can write a statement of resignation himself. In this case, the task of the manager is greatly simplified.