Dismissal of an employee for inconsistency with the position held sometimes raises many questions from the employer. It seems that nothing could be easier than dismissing an employee for non-performance or poor-quality performance of job duties. But in practice, everything turns out to be much more complicated.
It is impossible by law to dismiss an employee who:
• is on sick leave;
• is on vacation;
• pregnant women;
• women who are on parental leave;
• single mothers raising a child up to fourteen years old.
The dismissal of employees who are under eighteen years of age is also not allowed.
To fire an employee for non-compliance with the position, you must first prove his inadequacy. To do this, conduct an employee certification.
Issue an order of the established form for the certification of an employee. The order must indicate the timing of the certification commission.
On the basis of the order, give the employee a notification of his passing the certification. The notification must be served no later than two months before the onset of the attestation commission.
When carrying out certification, be guided by the qualification reference book and the list of job duties of the employee. Be sure to include the chairman of the trade union body of the enterprise in the attestation commission.
If, according to the results of the certification commission, the employee is recognized as inappropriate for the current position, you have no right to dismiss him immediately. To begin with, you must offer him a vacant position that is available at the enterprise. This can be a lower-level position or a less paid one.
In the event that an employee resigns from your proposed vacant position, you have the right to dismiss the employee. To do this, you must issue a dismissal order in the prescribed form. The dismissed employee must be familiarized with the order against signature. The day of dismissal will be considered the last day of work of the employee.
Send a copy of the order to the company's accounting department to calculate all payments due to an employee upon dismissal, including compensation for unused vacations. On the last day of work, you give the employee a work book and make a final payment with him.