How to dismiss a careless employee
To get started, just talk to the employee and find out the reason for his unsuccessful activity. A frank conversation will allow problems and the reasons for which he himself does not want to be fired. Mark your requirements, sort out the actual results with him and convince him that his continued presence in this workplace is meaningless both for the company and for himself. Often, after such frank conversations, the employee himself decides to quit on his own will. In this case, the employment contract is terminated at the mutual desire of the parties.
If in the process of such conversations could not convinceemployee in need of his dismissal, wait until the expiration of the employment contract. If you do not want to cooperate with such a person, do not extend the contract. In such a situation, note that you must warnemployee at least three days of their intentions.
The situation is a little different when an employment contract is drawn up for an indefinite period, and the employee does not want to quit on his own will. In this case, you will have to use the right of the employer to dismiss him under the article on disciplinary action. To apply this type of sanction, first requestemployee written explanation indicating the reasons for its violations. If he does not provide it to you within two days, draw up a corresponding act.
Termination of the employment contract at the initiative of the head spend 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 is entitled to demand reinstatement to the position in court. In some cases, in order to avoid employment in the workbook of dismissal under the article, the employee, after being notified of the possibility of terminating the contract on this occasion, can write a letter of resignation himself. In this case, the task of the head is greatly simplified.