The current legislation of the Russian Federation, in particular the Labor Code, classifies the conscription of an employee into the army as a ground for dismissal that does not depend on the will of the parties. Thus, the employer has the right to dismiss such an employee, but must arrange it properly. It is also possible to leave at your own expense for the entire period of service by mutual agreement of the parties. But the option with dismissal is considered optimal for the employer.
It is necessary
- - a summons issued to the employee;
- - order of dismissal;
- - work book of the employee;
- - his personal card;
- - seal;
- - a fountain pen.
Ask the employee to write a letter asking to fire him in connection with the conscription. You can use the wording: "due to circumstances beyond the control of the parties (in connection with conscription into the armed forces)."
Make a copy of the summons received by the employee and attach it to the application. This is optional: a statement from an employee is sufficient. But, if there is such an opportunity, it is better to use it.
Ask the employee to sign the order of his dismissal that he is familiar with this document.
Prepare an order to dismiss the employee due to circumstances beyond the control of the parties. Refer there to paragraph 1 of Article 83 of the Labor Code of the Russian Federation.
Make a note of the dismissal due to circumstances beyond the control of the parties in the employee's personal card. There is no need to make a note about his removal from military registration in this document.
Make a record of the dismissal in the employee's work book. The optimal wording: "The employment contract was terminated in connection with the conscription of an employee for military service, paragraph 1 of Article 83 of the Labor Code of the Russian Federation."
Calculate the amount that the employee should receive on the day of dismissal. In addition to his salary for the last month, he must receive compensation for unused vacation and severance pay - his average earnings for two weeks, which is calculated based on how much he actually worked in the 12 months before dismissal and how much he was owed for it. If an employee has gone overboard on vacation (that is, he has worked less than a year, but used the entire annual vacation), the cost of extra days of rest cannot be deducted from the payments due to him.