According to the Labor Code of the Russian Federation, an employee on vacation cannot be fired. But what if he could not cope with his direct responsibilities during work or asked to be fired himself?
Instructions
Step 1
If the employee does not suit you, call him to your place and negotiate with him, offering to quit on a voluntary basis, of his own free will. Dismissal without the consent of the employee entails penalties, up to and including the closure of the organization.
Step 2
If the employee has violations or disciplinary actions in the last year of work, point him to this. Not every person will agree that records appear in his work book, testifying to his unreliability as an employee. Therefore, it is very likely that you will receive a positive response from him to your request for dismissal.
Step 3
The letter of resignation can also be submitted while on vacation. If the employee is away, he can notify the employer in writing about the dismissal. Such statements are void if sent by email. The day on which the employer received the application will be considered the day of its submission.
Step 4
If the application was submitted 14 days before the end of the vacation, the first day of termination of employment will be considered the 1st day on which the employee was supposed to leave the vacation. Compulsory two-week work is not required from the date of application.
Step 5
If a woman is on maternity leave, then she can be fired only if the organization has been announced about liquidation or self-dissolution.
Step 6
If your subordinate cannot work for health reasons (more than 4 months), then only his temporary dismissal is possible with preservation of his job for the entire period of his illness or until he is recognized as incapacitated.
Step 7
If an employee is hired for the period of absence of a permanent employee (for example, for a period of maternity leave), then you are entitled to dismiss him if the term of the employment contract has expired and you are not going to renew it, since the permanent employee is going to return to the workplace. Note: an employee who is on vacation may be dismissed due to the termination of the employment contract, if the terms of its validity were specified in the contract.
