Women on parental leave are protected from dismissal from their jobs and were registered before social leave. The employer has the right to fire an employee who did not come to work on time, only by agreement with her. This can be formalized when the company is liquidated or employees are dismissed from the enterprise.
It is necessary
- - employee documents;
- - documents of the enterprise;
- - Labor Code of the Russian Federation;
- - seal of the organization;
- - the form of the order of dismissal;
- - application form for dismissal;
- - personnel documents;
- - payroll.
Instructions
Step 1
In no case do not threaten an employee who is on social leave with dismissal under the article and do not offer her bribes and other payments of funds that are not provided for by law.
Step 2
It is better to invite an employee to the company and have a conversation with her. Explain why you want to say goodbye to her. Indicate that she will receive all payments required by law. Ask the woman to write a letter of resignation. It can be either at the discretion of a specialist or at his initiative.
Step 3
An employee can write a statement in your presence, as well as at home and send it in a letter addressed to the employer. Upon receipt of a document dated at the time of its writing, you will be able to file a dismissal only after 14 days. This confirms the mutual consent to the dismissal procedure.
Step 4
Draw up an order to dismiss this employee. In its administrative part, you should make a reference to the corresponding article of the Labor Code of the Russian Federation. Conduct proper certification of the document with the necessary signatures (the head of the company and the employee himself).
Step 5
Make an entry in the work book of the dismissed employee. In it, write down the fact of dismissal and make a reference to labor legislation. Certify the dismissal record with the seal of the organization, as well as the signature of the person responsible for maintaining work books and the employee.
Step 6
Calculate the benefits due to a dismissed employee by law. If she has unused vacation, include the amount paid for it in the required payments. It must be borne in mind that the severance pay for such a specialist is prescribed by law, therefore, when issuing a work book, give him the amount of the allowance.
Step 7
If you did not manage to agree on the dismissal with the employee, then you will not be able to fire her. Therefore, she will have to be kept in the state until she leaves or decides to quit herself. You have the right to hire another employee for the duration of her vacation under a fixed-term contract, so her job function will be performed by a new specialist. But as she expresses a desire to start fulfilling her duties according to the job description, then you must dismiss the employee who replaced her during social leave, and leave the released worker at her workplace.
