Tip 1: How to fire an employee properly
Dismissal employee perhaps if the employee does not correspond to the position, not certified, if the employer ceased operations, due to repeated failure by the employee to their regular duties, change of enterprise owner, single gross violation by the worker of labour duties, truancy (absence employee in the course of a working day or four hours without a break), etc. the List is exhaustive and is regulated by article 81 of the Labour Code of the Russian Federation.
If you decide to dismiss employee on its own initiative, it is necessary to inform him in advance. Make an order to specify the basis for dismissal, the date and place the company seal and sign. Familiarize employee this document under the painting. You should prepare a copy of the order to the employee can pick it up yourself. In case of refusal to sign, make a report and attach to document or put in order, below your signature, write about it.
Last day for dismissed will be deemed to be the date of order. At the same time you have to give him a work record and documents from the personal file. Dismissal is an appropriate entry in the workbook, indicate the provision of law, a dismissal and shall be signed by the head of the organization.
If the employee resigns on his own initiative, he shall bear the duty to inform the management at least two weeks before the last working day. During this time the user selects a new employee and prepares the necessary list of documents for the dismissal of the previous one.
There are cases when a worker who took the decision to dismiss, is on sick leave. In this case, the employer has no right to fire him on its own initiative until recovery, if the employee wants to terminate the working relationship, obstacles to registration of order of dismissal no.
In any case, order of dismissal. In advance, ask to write employee an explanatory note with justification of violations of labor law if it refuses to prepare a document, make a report with the presence of at least two witnesses who put their signatures and then attach the order of dismissal. Can a dismissal carried out in several stages, for example, first remove the employee comment, then declare a reprimand, then the reprimand and, finally, the mismatch position.
The employer is trying to form a team so that every employee was a specialist in their field, active, hard working and sociable. After all, the relations between employees one link, seriously affect the efficiency of their operations. But what if you ran into a professional slacker or kicker? Do not leave him so easy. The labor Code protects the interests of the employee among others. And yet to dismiss unwanted employee without further dispute is possible.
For a start you must be clear that your position must be immune in a proceeding before a court or appeal to Tradespace. Therefore, strictly observe the requirements of the Labor Code. And here it is necessary to rely on article 81 "Avoidance of the employment contract by the initiative of the employer," which lists all possible grounds for dismissal in the article. Especially interesting in this regard, paragraphs 3,5, and 6 because they allow you to do it without compensation in case of dismissal on grounds of redundancy, etc. In the third paragraph we are talking about the mismatch position and lack of qualifications. In the fifth for failure to perform employment duties without a valid reason. In the sixth with a one-time gross violation of labor discipline. This can be truancy, the appearance of the workplace drunk or disclosing confidential information (commercial, government or utility).
Decide on the item which is most convenient you can use in your strategy of dismissal. Use to implement your plan the existing structure of control of labour discipline and conducting appraisals. If not, create and assign responsibility for execution. Demand logging for each violation of labor discipline. Spend an unscheduled attestation for compliance with the qualifications of the employee position. All the documents send for review and signature of the interested employee. These papers will be the basis for the dismissal of his article.
After collecting enough evidence of a violation by employee of the terms of the employment contract, or received the meeting minutes of the certification Commission, to recognize the qualification of the employee is insufficient for the position, continue to the own intentions — dismissal under article.