If you are a boss, you probably sometimes find it difficult to find a common language with all your subordinates. And it so happens that among these subordinates there is some particularly careless one - he skips work without a good reason, does not fulfill his duties. Have you decided to fire such an employee, but are you afraid of all kinds of pitfalls?
Instructions
Step 1
First, determine if your particular case falls under one of the following:
1. Absenteeism for no good reason (absence from work during the whole working day, whatever the length of the day).
2. Finding an employee outside the workplace for four hours without a valid reason.
3. Leaving work by an employee who has entered into an employment contract for an indefinite period, without a valid reason, until the expiration of the contract or until the expiration of the warning about early termination of the contract.
4. Leaving work by an employee who has entered into a contract for a certain time, until the expiration of the contract or the expiration of the warning about the premature termination of the contract.
5. Unauthorized use of days off or unauthorized leave on vacation.
If your case falls under one of these points, then you have grounds to dismiss the employee (in accordance with subparagraph "a" of paragraph 6 of Article 81 of the Labor Code).
Step 2
Draw up in any form an act of absence of the employee at work in due time. Remember that at least two witnesses must be present when drafting this act, ideally the colleagues of the person you are going to fire. Absenteeism, by the way, must be recorded in the time sheet.
Step 3
Before dismissing an employee, demand an explanatory note from him, which should indicate the reason for his absence from work. If within two days he did not provide this note, then draw up an act and give it to him for signature. If the employee refused to sign the act, then all the drafters of the act must sign again, all this should take place in the presence of two witnesses.
Step 4
After you have signed all the necessary documents, draw up an order to dismiss the employee of the order, because otherwise the employee may be reinstated at work through the court.
Step 5
According to the legislation, the employee must necessarily familiarize himself with the text of the order on the first day of termination of employment. If the employee refuses to familiarize himself with the order and put the appropriate signature, then make a corresponding note about this in the order.
Step 6
Be an honest employer and only fire employees who really deserve it.
