Tip 1: How to dismiss not to reduce
The easiest and common way to dismiss the employee — to agree with him. Thus, he dismissed at his own request or agreement of the parties, having the calculation. If the employee knows that poorly corresponds to the position or not too hold this place, as a rule, what happens.
Dismiss an employee at the initiative of the employer, but notcontraction the sides are somewhat more complicated. By law, the main reasons for dismissing an employee from an employer may be the following:
1. the employee’s incompatibility with the position held due to his insufficient qualifications, which should be confirmed by the results of certification.
2. repeated non-fulfillment of employment duties without good reason if the employee has a disciplinary penalty.
3. a gross violation of labor duties (the appearance of a drunk and others).
The Labor Code contains other reasons, however, as a rule, they are rarely encountered (for example, the use of false documents by an employee).
The main way to legally dismiss an employee who does not cope with work responsibilities, although observe discipline, the certification of employees to identify qualifications for the position. Attestation is required for all employees with the exception of pregnant women, pensioners, and those who have worked in their positions for less than a year. For attestation, the attestation Commission is formed, consisting generally of employees of service of the staff and management of the company, and, if necessary, other specialists, psychologists, etc. System certification and all the documents, developing the company itself (usually service personnel).
On the basis of certification for each employee issued the relevant documents, which set the results of the assessment. The employer shall inform employees of the results of certification. If the employer concludes that the employee is not qualified, he has the right to fire him, tentatively offering him to move to that position which it would fit.
As for other mentioned reasons for dismissing an employee (for example, coming to work drunk), then any such fact must be documented In the case of appearance at work drunk, you must have the results of a medical examination confirming this fact.
Disabled regardless of the group have the same rights as other workers. At the same time they have certain benefits and special working conditions. Disability of the 3rd group involves moderately expressed restriction to a certain area of life. Speaking about the reduction, it is worth noting that in this matter the panel has no special meaning.
Reduction due to disability
At the 83rd article of the Labour Code the employer may dismiss a disabled person in case of inability to work for medical examination. Rights of persons with disabilities are protected by the Federal law №181-FZ "About social protection of invalids in the Russian Federation" dated 24.11.1995 G. Labor relations of employers and employees, including persons with disabilities, are regulated by the Labour Code of the Russian Federation.
In other cases, the employer must provide the employee with a disability, those working conditions, which must be consistent with the IRP. If the employee admits disabled during the work, and the user is unable to create meeting the requirements of the conditions it is obliged to offer another job that will match the health condition of the employee. If such work is not available or the employee does not agree to another vacancy, the employer has the full right to terminate the employment contract. IRP — individual rehabilitation programme that is issued to the disabled with certificate of disability. Includes a list of measures aimed at recovery and compensation of lost body functions.
Reduction on common grounds
With the reduction of full-time workers, the dismissal of persons with disabilities is performed in the usual manner. According to Article 261 of the Labor Code of the Russian Federation, employers are prohibited from reducing:
- pregnant women;
- women raising children up to 3 years;
- women who are single mothers raising a child under 14 or a disabled child under 18.
Article 179 of the Labor Code specifies the category of workers who have the highest priority in choosing employees who will remain in the staff of the organization after reduction. This category includes:
- employees with the highest productivity;
- employees with the highest qualifications.
Under equal conditions, namely productivity and qualifications, the following employees have the preferential right to remain in the workplace:
- family workers with two or more dependents;
- Persons in whose family there are no other employees who have their own earnings;
- Persons who received a disability in the organization as a result of an accident or acquired occupational disease;
- disabled participants of the Great Patriotic War;
- persons with disabilities who have received a group while participating in hostilities for the defense of the Fatherland;
- employees who are on advanced training without discontinuing their main job;
- other employees specified in federal laws.
From the above list that with the reduction of state employee with a disability can be dismissed along with other employees, unless it refers to a certain category of employees and has the same productivity and qualifications.