How to dismiss under the Labor Code
The question of how to dismiss an employee on the Labor Code, many employers are asking. First of all, you must notify the employee of the impending dismissal no later than two months. The warning must be issued by order of the head, in which the employee must put his signature.
According to the first paragraph of Art. 40 of the Labor Code of the employee can be dismissed due to changes in the organization of production and labor. However, in the case of reorganization or liquidation of the enterprise, the employer must offer the employee another job in the same enterprise. If this is not possible, the employee must resign and work independently. Similarly, the employer has the right to do when reducing the staff.
If an employee unfairly performs his job duties, he can also be dismissed in accordance with the third paragraph of Article 40 of the Labor Code. In order to dismiss an employee in a more civilized way for such a reason, certification should be conducted at the enterprise. As a result, it will be revealed that the employee is not qualified enough to fulfill his job duties. If the employee does not comply with the position for health reasons, the opinion of the medical and social expert commission should be obtained. Without the conclusion to dismiss the employee for this reason will not work.
The employment contract prescribes the duties of the employee, which he must perform. In the event of systematic failure to fulfill these obligations, the employer has the right to dismiss the employee. Only there should be documentary evidence of such behavior of the employee. For example, the presence of a reprimand in writing already gives an employer to a subsequent 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 without any reason. According to the sixth paragraph of Article 40 of the Labor Code, an employer may dismiss an employee for failing to appear for work for four months in a row. Naturally, this does not apply to maternity leave.
The employment contract may 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. An employee can be dismissed after the entry into force of a court verdict or the adoption of a decision imposing administrative liability.
If an employee committed financial fraud in an enterprise for personal gain, he can be released from his job duties for the guilty actions. This is provided for in the second paragraph of Art. 41 of the Labor Code. By the way, the basis for the termination of the employment contract is the commission of an immoral act. This is especially true of employees of educational and training institutions.