How to dismiss the Labor Code
The question of how to dismiss an employee for the Labor Code, many employers are asked. First of all, it is necessary to notify the employee of the forthcoming dismissal not later than two months. The warning should be issued by the order of the head, in which the employee must necessarily sign.
According to the first paragraph of Art. 40 Labor Code of the employee can be dismissed in connection with changes in the organization of production and labor. However, in case of reorganization or liquidation of the enterprise, the employer must offer the employee another job at the same enterprise. If this is not possible, the employee must resign and work independently. Similarly, the employer has the right to act with a reduction in the number of employees.
If an employee fails to fulfill his labor obligations in good faith, he can also be dismissed in accordance with the third paragraph of article 40 of the Labor Code. In order to more civilly dismiss an employee for this reason, it is necessary to conduct certification at the enterprise. As a result, it will be revealed that the employee is not sufficiently qualified to perform labor duties. If the employee does not comply with the post for health reasons, an opinion of the medical and social expert commission should be obtained. Without the conclusion to dismiss the employee for the specified reason will not work.
The employment contract prescribes the duties of the employee, which he must perform. In case of systematic non-fulfillment of these duties, the employer has the right to dismiss the employee. Only there must be documentary evidence of such behavior of the employee. For example, the presence of a reprimand in writing already gives the employer for further dismissal.
If an employee has been absent from the workplace for more than three hours without good reason, he may be dismissed in accordance with the fourth paragraph of article 40 of the Labor Code. Also absenteeism is absenteeism for work without any grounds. According to the sixth paragraph of Article 40 of the Labor Code, an employer can dismiss an employee for failure to attend a job for four consecutive months. Naturally, this does not apply to maternity leave.
The employment contract can be terminated in case of theft of the property of the owner by a specific employee. This is the eighth paragraph of Article 40 of the Labor Code. The employee can be dismissed after the entry into force of a court verdict or the adoption of a resolution imposing administrative liability.
If the employee committed financial fraud at the enterprise in order to obtain personal benefits, he can be released from the performance of his duties for the guilty actions. This is provided in the second paragraph of Art. 41 Labor Code. By the way, the basis for the termination of an employment contract is the commission of an immoral act. This is especially true for employees of educational and educational institutions.