Tip 1: How to dismiss an employee correctly
Dismissalemployee if the employee does not correspond to the position held, failed to pass the certification, if the employer ceased his activity, because the employee has repeatedly failed to perform his or her direct duties, the change of the owner of the enterprise, a single gross violation of the employee's job duties, absence (absence)employee during the whole working day or four hours without a break), etc. The list is exhaustive and is regulated by Article 81 of the Labor Code of the Russian Federation.
If you decide to fireemployee on his own initiative, it is necessary to inform him about this in advance. Make an order, which indicate the reason for the dismissal, the date and put the stamp of the company, sign. Familiarizeemployee with this document against the signature. You must prepare a copy of the order so that the employee can pick it up for himself. In case of refusal of the signature, draw up an act and attach it to the document or place an entry about it on the order, below its own signature.
The last day of work for the dismissed will be the day the order was issued. At the same time, you must give him a work record and documents from a personal file. The corresponding entry in the workbook is made about dismissal, the norm of the law, the grounds for dismissal and the signature of the head of the organization is indicated.
If the employee resigns on his own initiative, he is charged with reporting this to the management at least two weeks before the last working day. During this time the management selects a new employee and draws up the necessary list of documents on the dismissal of the previous one.
There are times when an employee who has been ordered to lay off is on a sick leave sheet. In this case, the employer does not have the right to dismiss him on his own initiative until recovery, if the employee himself wishes to terminate the working relationship, then there are no obstacles to the execution of the dismissal order.
In any case, observe the order of dismissal. In advance, ask to writeemployee an explanatory note explaining the violation of labor legislation, if he refuses to prepare a document, draw up an act with the presence of at least two witnesses, put his signature and then attach to the order of dismissal. You can take the dismissal in several stages, for example, first take out a comment to the employee, then pronounce a reprimand, then a severe reprimand and, finally, inconsistency of the position.
The employer tries to form a team in such a way that each employee is a specialist in his / her business, active, efficient and communicative. After all, the relationship betweenemployees one link, seriously affect the effectiveness of their activities. But what to do if a professional slacker or brawler here has been curious? Parting with him is not so simple. The RF Labor Code protects the interests of such an employee among others. And yet, to dismiss an objectionable employee without unnecessary disputes is quite possible.
To begin with, you must clearly understand that your position should be immune to proceedings in court or appeal to the Labor Inspection. Therefore, strictly observe the requirements of the Labor Code of the Russian Federation. And here it is necessary to rely on Art. 81 "Termination of the employment contract on the initiative of the employer", which lists all possible grounds for termination of the article. Particularly interesting in this respect are points 3.5 and 6, since they allow doing this without compensation in the event of dismissal for staff reduction, etc. In the third paragraph, it is a question of incompatibility of the position held and insufficient qualification. In the fifth, on non-performance of labor duties without valid reasons. In the sixth, about a single gross violation of labor discipline. This can be absenteeism, the appearance of a workplace in a state of intoxication or the disclosure of secrets (commercial, government or official).
Decide on the point that you can most conveniently use in your firing strategy. Use to implement your plan the existing structure at the enterprise to control labor discipline and performance of attestations. If there are none, create and designate those responsible for the execution. Require the recording of every violation of labor discipline. Conduct an unscheduled certification for compliance with the qualifications of the employee's position. All documents must be submitted for examination and signature of the employee of interest to you. These papers will be the basis for his dismissal under the article.
Having collected enough evidence of violation of the terms of the employment contract by the employee, or having received the minutes of the meeting of the certification commission that recognized the qualification of the employee as insufficient for the position, proceed to fulfill one's intentions - dismissal under the article.