How to properly dismiss
How to properly dismiss
The employer, in accordance with the Labor Code of the Russian Federation, has the rightdismiss an employee for a number of reasons. This list is imperative, you can not add it yourself to any cause not indicated there. In addition, the law does not allow employers to dismiss certain categories of persons unilaterally. An exception is the liquidation of an organization. Therefore, to dismiss an employee correctly, you need to know something and take into account.
Instructions
1
You can dismiss an employee if he does notcorresponds to the position occupied by him, failed to pass the certification, repeatedly failed to perform his direct duties, committed other gross violations. It is also possible to dismiss a person for absenteeism, that is, absence from the workplace for a whole working day or more than 4 hours in a row, in connection with the change of the owner of the enterprise, and also if you cease your activity as an employer. This, of course, is not a complete list. The full list is exhaustive, and it is regulated by Article 81 of the LC RF.
2
Deciding to dismiss an employee on their owninitiative, let him know about it in advance. Make an order, where you need to specify the reason for dismissal, as well as the date, put the seal of the company and sign. Familiarize the employee with the document, suggest signing it. Do not forget to make a copy of the order - the employee will take it. If he refuses to sign the document, draw up a corresponding act, and then attach it to the order or below his signature, put a note on it on the document.
3
The last day of work of the dismissed employee isthe day of the publication of the dismissal order. You must return the workbook together with the documents from the personal file at the same time. In the work record there should be a corresponding entry, indicating the norm of the law, the grounds for dismissal, as well as the signature of the head of the enterprise.
4
If the employee is on his own initiativehe must notify the management at least 2 weeks before the planned day of dismissal. During this period of time, the management will select a replacement for him, and also draw up the necessary documents on the dismissal.
5
It happens that an employee who wants to be fired,is on a sick leave. In this situation, the employer can not, on his own initiative, fire a person until he returns to the system. However, if the employee himself wishes to leave, then it will be possible to implement it.
6
Strictly observe the order of dismissal. Ask in advance that the employee wrote an explanatory note, where it is necessary to indicate the rationale for the violation of the TC. If the employee refuses to compile this document, draw up an act in the presence of at least two witnesses, then sign along with them and attach to the dismissal order. Dismissal can be carried out in several steps. For example, first you take out a comment to the employee, then pronounce the reprimand, after which a severe reprimand. The result will be a statement about the employee's incompatibility with the post he holds. After this, it is already possible to sever the labor relations unilaterally.
