How to dismiss an objectionable employee
For a start you must be clear that your position must be immune in a proceeding before a court or appeal to Tradespace. Therefore, strictly observe the requirements of the Labor Code. And here it is necessary to rely on article 81 "Avoidance of the employment contract by the initiative of the employer," which lists all possible grounds for dismissal in the article. Especially interesting in this regard, paragraphs 3,5, and 6 because they allow you to do it without compensation in case of dismissal on grounds of redundancy, etc. In the third paragraph we are talking about the mismatch position and lack of qualifications. In the fifth for failure to perform employment duties without a valid reason. In the sixth with a one-time gross violation of labor discipline. This can be truancy, the appearance of the workplace drunk or disclosing confidential information (commercial, government or utility).
Decide on the item which is most convenient you can use in your strategy of dismissal. Use to implement your plan the existing structure of control of labour discipline and conducting appraisals. If not, create and assign responsibility for execution. Demand logging for each violation of labor discipline. Spend an unscheduled attestation for compliance with the qualifications of the employee position. All the documents send for review and signature of the interested employee. These papers will be the basis for the dismissal of his article.
After collecting enough evidence of a violation by employee of the terms of the employment contract, or received the meeting minutes of the certification Commission, to recognize the qualification of the employee is insufficient for the position, continue to the own intentions — dismissal under article.