Sometimes there are situations when the employer is forced to fire an employee without his consent. The reasons for this are different, for example, in the case of failure to fulfill the terms of the employment contract. How can the head of the organization carry out the procedure for dismissing an employee?
Initially, record the fact of non-compliance with the terms of the employment contract. Fill out a memo or deed of default. It is drawn up by a commission appointed by the order of the head. There is no unified form of the act, so develop it yourself.
In the act, indicate the violations, referring to the articles of the regulatory legal act and the employment contract. Give the document for signature to the commission and to the employee himself. In the event that he refuses to sign it, then indicate this in the document.
Next, get a written explanation from the employee. In this document, he must write the reasons that led to this behavior. In the event that he refuses to admit guilt, again draw up an act.
Issue a dismissal order (unified form No. T-8). Be sure to indicate in the administrative document the article on which the dismissal occurs, instead of the employee's statement, indicate the act or memorandum. Give the order for signature to the employee. Also put a mark on the employee's personal card. After that, enter the information about the dismissal in the employee's work book, also referring to the article of the contract.
In the event that you dismiss an employee for systematic absenteeism, the fact of violation of the terms of the employment contract will be the time sheet. You must also ask the employee for a written explanation of their conflicting actions.
In any case, try to find a compromise, as a last resort, dismiss the employee on his own initiative (of course, if he does not mind).