What is the procedure for the dismissal of employees
What is the procedure for the dismissal of employees
Labor law to the maximum extent possibleprovides employees with social protection, guaranteeing normal working and resting conditions, decent wages. Therefore, most often the initiative of dismissal comes from the employee himself, but there are situations when he can be dismissed and at the initiative of the employer. In this case, in order to avoid litigation, the order of dismissal of the employee must be strictly observed.
Cases of mass dismissal of workers
All precedents when the initiator of dismissalis an employer, described in detail in Article 81 of the Labor Code of the Russian Federation. The most frequent cases are when there is a massive dismissal of employees due to the liquidation of the enterprise or the reduction of staff. In the first case, the employer is obliged to warn his employees about the forthcoming dismissal in advance - two weeks before this date. If there is a reduction in staff, the period for which the employee should be notified increases to 2 months. Those employees with whom a fixed-term employment contract was signed are also required to notify of the dismissal, at least 2 weeks before the event. Upon the written consent of the employees, they may be dismissed earlier than the established deadline, but in this case they will have to pay compensation for each working day that has not been worked out before the deadline at the rate of average daily earnings. With staff reductions, other additional compensations are also relying on workers, including, they can be paid not two but three monthly salaries in the event that within three months they fail to find another suitable job through the territorial Employment Center. In the case of staff reductions, workers should be offered other available vacancies, appropriate to their qualifications and education. Only in the event that such vacancies are absent, or the employee refuses them, he can be dismissed.Cases of the dismissal of certain employees
The employer has the right to dismiss the employee forto his initiative in those cases when the latter: - does not correspond to the position held - repeatedly fails to fulfill his labor duties - roughly violates the established rules of the labor regulations - lost confidence or committed an immoral act. To the employee who does not correspond to the position before dismissal The employer must offer other available vacancies that would match his qualifications. And to verify the non-compliance, an appraisal must be carried out, according to the results of which a corresponding document is drawn up. The Company must approve the Regulations on Attestation, if it is not, a specially created commission will certify the employee. In addition, the employee must also be familiarized with the job description when signing up for the job, in which all the qualification requirements for the position he holds are fixed. When dismissal is due to a violation of the work schedule and non-performance of labor duties, it is necessary to obtain the relevant documents - acts, etc., confirming this. In addition, when this happens for the first time, an employee is reprimanded on the basis of a memorandum. If the violation is repeated within one calendar year after the reprimand, the employee can be dismissed. Cases of loss of confidence and committing an immoral act must also be documented.
