In the process of labor relations, sometimes a situation arises when the employer is forced to dismiss the employee under the article. This can happen due to labor or administrative violations on the part of the employee. Of course, at first the manager tries to settle everything peacefully, that is, he invites the employee to resign of his own free will, but when he is against it, a record of the dismissal under the article “lays down” in the work book.
When dismissing an employee, the employer must be guided by the legislative acts of the Russian Federation. Otherwise, the dismissed employee may file a lawsuit, be reinstated to the position and demand compensation for moral damage. Dismissal for being late for work Remember that for the first time you are late you do not have the right to fire an employee. First of all, you must make a reprimand or remark in writing. According to clause 5 of article 81, you can dismiss an employee only for being late for work several times. First of all, you must demand an explanatory note from the latecomer. If he refuses to provide it, draw up an act of refusal. Take the reprimand in writing. Sign it and give it to the employee for signature. If the party refuses to sign, the document does not lose its legal force. Also, to protect yourself, you can draw up an act of being late. After that, issue a dismissal order, make notes on your personal card. When drawing up the document, refer to clause 5 of article 81. You must indicate the exact same wording of dismissal in the employee's work book. Dismissal for rude behavior Increasingly, the reason for dismissal is tactless behavior towards colleagues, customers, suppliers, etc. Although such an article of dismissal does not exist in labor legislation, the behavior of a negligent employee can be attributed to a violation of labor discipline. In this case, the employer has the right to dismiss the subordinate under Article 81. What can be the basis for dismissal for boorish behavior? For example, it can be a record from a client in the book of complaints and suggestions, a report from a boss or from colleagues. For the first time, you can take disciplinary action, that is, for example, deprive the employee of the bonus. Be sure to ask to write an explanatory note. If the employee refuses to provide an explanation in writing, draw up an act of refusal. Issue a reprimand order, sign it and give it to the employee for review. After two or three unpleasant situations, you can fire an employee under the article. To do this, issue a dismissal order, make an appropriate entry in the employee's personal card and work book. Important: remember that you must declare a penalty and reprimand within a month after the violation of the employment contract. If the employee is on vacation, the period is extended until the person starts work. Dismissal of an employee under the article is a rather unpleasant process, so try to resolve the conflict peacefully!
