Judicial practice shows that most disputes between an employer and an employee arise when the latter are fired at the initiative of employers. In order to avoid misunderstandings in the process of terminating an employment contract, both parties must be well aware of their rights and obligations.
The question of how to dismiss an employee under the Labor Code is asked by many employers. First of all, it is necessary to notify the employee about the upcoming dismissal no later than two months in advance. The warning must be issued by the order of the head, in which the employee must necessarily put his signature.
According to the first paragraph of Art. 40 of the Labor Code of the employee can be dismissed due to changes in the organization of production and labor. True, in the event of reorganization or liquidation of an enterprise, the employer must offer the employee another job at the same enterprise. If this is not possible, the employee should quit and find employment on his own. Likewise, the employer has the right to act in the event of a reduction in the number of employees.
If an employee performs his labor duties in bad faith, then he can also be dismissed in accordance with the third paragraph of Article 40 of the Labor Code. In order to more civilized dismiss an employee for such a reason, certification should be carried out at the enterprise. As a result, it will be revealed that the employee is not qualified enough to perform his job duties. If the employee does not correspond to the position for health reasons, the conclusion of the medical and social expert commission must be obtained. Without a conclusion, dismissing an employee for this reason will not work.
The labor contract prescribes the duties of the employee, which he must fulfill. In case of systematic failure to fulfill these obligations, the employer has the right to dismiss the employee. Only there must be documentary evidence of such employee behavior. For example, the presence of a reprimand in writing already gives the employer a subsequent dismissal.
If an employee was absent from the workplace for more than three hours without good reason, he can be dismissed in accordance with the fourth paragraph of Article 40 of the Labor Code. Absenteeism is also considered absenteeism for no reason. According to the sixth paragraph of Article 40 of the Labor Code, the employer can fire an employee for not showing up for work for four consecutive months. Naturally, this does not apply to maternity leave.
An employment contract can be terminated in the event of the theft of the owner's property by a specific employee. This is the eighth paragraph of Article 40 of the Labor Code. An employee can be dismissed after the entry into force of a court sentence or the adoption of a decision on the imposition of administrative responsibility.
If an employee committed financial fraud at the enterprise with the aim of obtaining personal gain, he can be released from the performance of labor duties for guilty actions. This is provided for in the second paragraph of Art. 41 Labor Code. By the way, the basis for terminating an employment contract is the commission of an immoral act. This is especially true for employees of educational and educational institutions.
