Dismissal is an unpleasant procedure. The employee's self-esteem falls and there is a need to look for a new job, and the employer has a reason to fear that the offended employee will turn to the labor inspectorate and prove that he was fired illegally. This is often faced by employers who fire workers not to layoffs. Therefore, it is important to comply with the law when firing an employee.
Instructions
Step 1
The easiest and most common way to fire an employee is to negotiate with him. Thus, he will quit at his own request or by agreement of the parties, having received the calculation. If an employee knows that he is badly suited to the job or does not hold on to the job too much, as a rule, this is what happens.
Step 2
It is somewhat more difficult to fire an employee on the initiative of the employer, but not on the reduction of parties. According to the law, the main reasons for dismissing an employee from an employer may be as follows:
1. inadequacy of the employee for the position held due to his inadequate qualifications, which must be confirmed by the results of attestation.
2. repeated failure to perform labor duties without good reason if the employee has a disciplinary sanction.
3. gross violation of labor duties (drunkenness, etc.).
The Labor Code contains other reasons, however, as a rule, they are rare (for example, the use of false documents by an employee).
Step 3
The main way to legally dismiss an employee who does a poor job, although he maintains discipline, is to carry out certification of employees to identify insufficient qualifications for the position. All employees are subject to certification, with the exception of pregnant women, pensioners, as well as those who have worked in their position for less than a year. To carry out certification, an certification commission is formed, consisting, as a rule, of employees of the personnel service and the company's management, as well as, if necessary, other specialists, psychologists, etc. The certification system, as well as all the documents, is developed by the company itself (usually the personnel department).
Step 4
Based on the certification results, the corresponding documents are drawn up for each employee, in which the certification results are fixed. The employer is obliged to inform employees about the results of the certification. If the employer comes to the conclusion that the employee is not qualified enough, then he has the right to dismiss him, having previously offered him to move to the position that he would correspond to.
Step 5
As for the other listed reasons for dismissing an employee (for example, appearing at work while drunk), then any such fact must be confirmed by documents. In the case of appearing at work drunk, it is necessary to have the results of a medical examination confirming this fact.
