Tip 1: How to dismiss an employee correctly
Dismissalemployee It is possible if the employee does not correspond to his position, did not pass certification, if the employer ceased his activity due to repeated non-fulfillment by the employee of his direct duties, change of the owner of the enterprise, one-time gross violation by the employee of labor duties, absenteeismemployee during the whole working day or four hours without a break), etc. The list is exhaustive and is governed 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 of this in advance. Make an order in which you specify the basis of the dismissal, the date and put the seal of the company, sign it. Familiarizeemployee with this document under the painting. You must prepare a copy of the order so that the worker can pick it up. In case of refusal to sign, draw up a statement and attach to the document or put on the order, below your own signature, a record of this.
The last day of work for the dismissed person will be the day the order is issued. At the same time you are obliged to give him a work book and documents from his personal file. About dismissal, the corresponding entry is made in the workbook, the norm of the law, the grounds for dismissal and the signature of the head of the organization.
If an employee leaves on his own initiative, he is obliged to inform the management about this no less than two weeks before the last working day. During this time, the management picks up a new employee and draws up the necessary list of documents for the dismissal of the previous one.
There are cases when an employee who has been decided to dismiss is on a sick-list. In this case, the employer does not have the right to dismiss him on his own initiative until his recovery, but if the employee himself wishes to terminate the working relationship, then there are no obstacles to the execution of the order for dismissal.
In any case, follow the order of dismissal. Ask in advance to writeemployee an explanatory note explaining the violation of labor laws, if he refuses to prepare a document, draw up an act with the presence of at least two witnesses, sign and then attach to the order of dismissal. You can dismiss in several stages, for example, first make a remark to the employee, then declare a reprimand, then severe reprimand and, finally, the inconsistency of the position held.
The employer tries to form a team in such a way that each employee is an expert in his field, active, efficient and sociable. After all, the relationship developing betweenworkers one link, seriously affect the effectiveness of their activities. But what to do if a professional slacker or a brawler was busy here? Leaving him is not so easy. The Labor Code of the Russian Federation protects the interests of such an employee, among others. And yet it is quite possible to dismiss an objectionable employee without unnecessary disputes.
To begin with, you must be clear that your position must be invulnerable in the proceedings in court or in contacting the Labor Inspectorate. Therefore, strictly comply with the requirements of the Labor Code of the Russian Federation. And here you need to rely on in Art. 81 "Termination of an employment contract at the initiative of the employer," which lists all possible grounds for dismissal under the article. Paragraphs 3.5, and 6 are especially interesting in this respect, since they allow to do this without paying compensation in case of layoffs, etc. The third paragraph deals with the inconsistency of the position and lack of qualifications. In the fifth, non-performance of labor duties without good reason. In the sixth one-time gross violation of labor discipline. This may be a hooky, the appearance in the workplace drunk or the disclosure of secrets (commercial, state or official).
Decide on the most convenient item to use in your dismissal strategy. Use to implement your plan at the enterprise structure of control over labor discipline and conducting certifications. If there are none, create and assign those responsible for execution. Require recording of each violation of labor discipline. Conduct an unscheduled certification for compliance with the qualifications of the employee position. All documents are sent to familiarize and sign the employee that interests you. These papers will become the basis for his dismissal under the article.
Having collected a sufficient amount of evidence of violation by an employee of the conditions of the employment contract, or having received the minutes of the meeting of the attestation commission that recognized the qualification of the employee as insufficient for the position held, proceed to fulfill your own intentions - dismissal under the article.