Dismissal for violation of labor protection requirements
Dismissal for violation of labor protection requirements
The employer has the right to dismiss the employee ifhe violated the requirements of labor protection established by law. They are provided for by the Labor Code, regional legislative acts, and by-laws.
Instructions
1
The question whether the labor protection requirements have been violated by an employee is decided by the OSH commission or the OSH authority.
2
For the dismissal of an employee as described abovethe grounds need to prove that the consequences that have come about are connected with the employee's violation of labor protection requirements. The consequences must be serious, for example, an accident at work, an accident, a catastrophe.
3
Write a memo about the employee's violation of labor protection requirements. This document is issued by the person who revealed this fact, and sends it to the head of the organization.
4
Issue an order to establish a commission that will determine the existence of violations. This commission should include at least 3 people. The activity of the commission is regulated by art. 218 of the LC RF.
5
The commission must issue an opinion in whichwill indicate the consequences that have occurred as a result of violation of the labor protection requirements by the employee. In addition to the conclusion of this commission, the basis for dismissal of an employee can serve: - the instruction of the labor protection officer; - an act on the accident at work; - protocol of the federal inspector for labor protection.
6
After receiving the conclusion of the commission, askemployee explanations. This must be done in writing. It should be noted that the failure of the employee to provide an explanation is not an obstacle to his dismissal.
7
Issue an order to dismiss an employee. Do not delay with the publication of the order, because the labor legislation (Article 192 of the Labor Code of the Russian Federation) establishes temporary restrictions for the dismissal of an employee.
8
Familiarize the worker with the specified order andGive him a work record with a record of the dismissal. In addition to the work book, the employee must also receive a settlement and other documents, the issuance of which is obligatory upon dismissal.