Tip 1: How to dismiss not by reduction
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.
To dismiss an employee on the initiative of the employer, but notreduce parties is somewhat more complicated. According to the law, the main reasons for dismissing an employee from an employer may be the following:
1. inconsistency of the employee of the position due to his insufficient qualification, which should be confirmed by the results of certification.
2. repeated failure to perform employment duties without good reason if the employee has a disciplinary penalty.
3. gross violation of labor duties (appearance in a state of intoxication, etc.).
The Labor Code also contains other reasons, however, as a rule, they are rare (for example, the use of forged 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 general grounds
With the reduction of full-time employees, the dismissal of disabled persons is carried out in the usual manner. According to Article 261 of the Labor Code of the Russian Federation, employers are forbidden to reduce:
- pregnant women;
- women raising children up to 3 years;
- women who are single mothers, raising a child under 14 years of age or a disabled child under 18 years of age.
Article 179 of the Labor Code stipulates the category of employees who have the highest priority in selecting employees who will remain in the staff of the organization after reduction. This category includes:
- employees with the highest labor productivity;
- employees with the highest qualifications.
With equal conditions, namely, productivity and qualification, the following employees have the preemptive right to leave in the workplace:
- family workers with two or more dependents;
- persons in the family of whom there are no other workers who have their earnings;
- Persons who received a disability in the organization due to an accident or acquired occupational disease;
- disabled veterans of the Great Patriotic War;
- disabled people who received a group with participation in military operations to protect the Fatherland;
- employees who are on the upgrade of their qualifications without interrupting their main work;
- 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.