The employer tries to form the team in such a way that each employee is a specialist in his field, active, efficient and sociable. After all, the relations that develop between employees of the same link seriously affect the efficiency of their activities. But what if a professional slacker or brawler has crept in here? Parting with him is not so easy. The Labor Code of the Russian Federation protects the interests of such an employee, among others. And yet, it is quite possible to fire an objectionable employee without unnecessary disputes.
Instructions
Step 1
To begin with, you must clearly understand that your position must be invulnerable in court proceedings or in contacting the Labor Inspectorate. Therefore, strictly observe the requirements of the Labor Code of the Russian Federation. And here you need to rely on in Art. 81 "Termination of an employment contract at the initiative of the employer", which lists all possible grounds for dismissal under article. Points 3, 5, and 6 are especially interesting in this regard, since they allow you to do this without paying compensation in the event of dismissal due to staff reductions, etc. The third point is about the inadequacy of the position held and insufficient qualifications. In the fifth, about non-performance of labor duties without good reason. In the sixth, about a single gross violation of labor discipline. This can be absenteeism, drunken appearance at the workplace, or the disclosure of secrets (commercial, government or official).
Step 2
Decide on the item that is most convenient to use in your layoff strategy. Use the facility's workplace compliance and performance appraisal framework to implement your plan. If there are none, create and assign people responsible for execution. Request a record of every violation of labor discipline. Conduct an unscheduled certification for the suitability of the employee's qualifications for the position. Send all prepared documents for review and signature to the employee you are interested in. These papers will become the basis for dismissing him under the article.
Step 3
Having collected a sufficient amount of evidence of violation by the employee of the terms of the employment contract, or having received the minutes of the meeting of the attestation commission, which recognized the employee's qualifications as insufficient for the position held, proceed to fulfill your own intentions - dismissal under the article.
